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Home My WebLink About2013-409 AMS - Birs. Inc for Roof Repairs at 131 West Campus Office Building $12,770 NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$25,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter"Agreement"), is made and entered into this September day of 30th, 2013 by and between Orange County, North Carolina (hereinafter the "Owner") party of the first part; and Bits, Inc. (hereinafter the "Contractor"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the Owner hereby contracts for the construction services of the Contractor, and the Contractor agrees to provide the construction services to the Owner in accordance with the terms of this Agreement. 1. TERM Beginning and ending dates of contract: September 30,2013 through October 31, 2013. The Project Commencement Date shall be September 30, 2013. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: Tweleve Thousand Seven Hundred and Seventy Dollors ($12,770) I 3. SERVICES Contractor agrees to provide the following construction services (the "Work"): as outlined in the attached proposal dated July 11, 2013: West Campus Office Building - Roof Repair & Sealing of Valve Well Contractor shall not sub-contract all or any part of the construction services provided for in this Agreement without prior written approval of the Owner. Contractor shall be responsible for all errors or omissions, in the performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to Owner. 4. PAYMENT Contractor shall submit an invoice for construction services provided. The invoice shall contain Contractor's name and federal tax identification number and shall be signed and dated by an officer of Contractor. It shall detail all construction services provided in payment requests. The Owner will make payments to Contractor within thirty (30) days after receipt of and approval of the invoice by the contracting department. In the event the amount stated on an invoice is disputed by Owner, then Owner may ! withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. In addition, should Contractor fail to perform its duties under the terms of this Agreement, Owner may, without fault or penalty, withhold any payment associated with the Work to be performed until such time as said work is completed. 5. RELATIONSHIP OF PARTIES Revised November 2011 1 Contractor is an independent Contractor of the Owner. Contractor represents that it has or will secure, at its own expense, all personnel required in performing the construction services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the Owner. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized or permitted under state and local law to perform such construction services. It is further agreed that Contractor will obey all State and Federal statutes, rules and regulations which are applicable to provisions of the construction services called for herein. Neither Contractor nor any employee of the Contractor shall be deemed an officer, employee or agent of the Owner. 6. TERMINATION This Agreement may be terminated by Contractor upon thirty (30) days'written notice to the Owner, and the Owner may terminate this agreement upon thirty (30) days' written notice to Contractor. 7. INSURANCE REQUIREMENTS Contractor shall obtain, at its sole expense, all insurance as required in the Owner's risk management policy and shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. Such insurance shall name the Owner as Additional Insured under both General Liability and Auto Liability policies. 8. INDEMNIFICATION s Contractor agrees to defend, indemnify, save and protect Owner and Owner's lender, if any, harmless from and against any and all claims, liens, liabilities, losses, damages, causes of action, and expenses (including court costs and reasonable attorney's fees related thereto) arising out of, in connection with, or resulting from any negligence, act or failure to act by the Contractor, the Contractor's agents, assigns or employees related to the Work. It is the intent of this section to require Contractor to indemnify the Owner to the extent permitted under North Carolina law. i 9. NON-ASSIGNMENT Contractor shall not assign all or any part of this Agreement, including rights to payments,to any other party without the prior written consent of the Owner. 10.NON—APPROPRIATION Contractor acknowledges that Owner is a governmental entity, and the validity of this Agreement is based upon the availability of public fanding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of Owner's obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice to Contractor of the unavailability and non-appropriation of public funds. It is expressly agreed that Owner shall not activate this non- appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. Revised November 2011 2 In the event of a change in the Owner's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects Owner's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to Owner upon written notice to Contractor of such limitation or change in Owner's legal authority. 11. ENTIRE AGREEMENT The parties have read this Agreement and agree to be bound by all of its terms, and farther agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified by a written amendment to this Agreement signed by the parties. Modifications may be evidenced by telefacsimile signatures. 12. GOVERNING LAW Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and any action brought under this Agreement shall be brought in the General Court of Justice of the State of North Carolina in Orange County. IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORANGE COUNTY CONTRACTOR By By - --'tj�t /3 Frank W. Clifton, ager -�,7nc. TS%N% 200 S. Cameron St. P.O. Box 36197 P.O. Box 8181 Greensboro,NC 27416-6197 Hillsborough,NC 27278 This instrument has been approved as to technical content. Jeffrey ompson,Department Director This instrument has been re-audited in the manner required by the Local Government Budget z and Fiscal Control Act. I` Office of the Finance Officer This i str me as een approved as to legal form and sufficiency. rce of the County Attorney Revised November 2011 3 r'BIRS ` �. !,,R®Uf vei srr P.O. Box 36197 July t 1.,2013 Greensboro, N.C. 27416-6197 (336)674-3060 (336) 275-0886- Fax Mr. Jeffrey Spady 5`"Wall Building Diagnostics Consultants 9601 Bailcywick Road Raleigh,NC 27815 Subject: Orange County-West Campus Office Building Roof Repair&Sealing of Valve Well x Dear Mr. Spady: g Thank you for asking BIRS, Inc. to offer our price for the specified roof repairs atop the West `@ Campus Office Building located in Hillsborough,NC. The existing roof system is a 45 mil TPO membrane over tapered polyisocyanurate insulation and a metal deck. We will perform the !� specified scope of work per drawing 1.01 dated 6/2013. We will also perform the requested waterproofing of the west valve box as specified on drawing 1.01 dated 6/2013. OUr proposal does not include electrical work, trenching,grading,seeding,sump pump,drain Bose, etc. Totat cost for roof repairs and sealing of valve well is .................. $12,770 If rou have any questions or if we can be of fur(her service lease feel free to give me a call. > ) `I >p g Respectfully, Lei i Brooker, Inspector i 09/13/2013 11:33 FAX Senn Dunn 100001/0001 BIRSI-2 OP ID:LE CERTIFICATE OF LIABILITY INSURANCE °AT091131YYYY' 09l13f13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE: DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the tents and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER 336-272.7161 NA.E,ONTAUT L nne A Me er,CIC,CPIW,AINS Senn Dunn-GSO P"°'IN 336.346-13 3625 N.Elm St. 336-346-1397 02 KC No;336-612.3818 P O Box 9375 A DE ;lmeyer@senndunn.com Greensboro,NC 27429-0375 David R.Clem,CIC INSURER(St AFFORDING COVERAGE NAIC s INSURER A:Continental Casualty Co. 20443 INSURED SIRS,Inc. INSURERB:Builders Mutual Ins.Co. 10844 Mr.Raven Brooker PO Box 36197 INSURER C:COIumbia CaSt,lalty Company 31127 Greensboro,NC 27416-6197 INSURER D: INSURER F: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPEOPINSURANCE POLICYNUMBER IDD/YYYY &IMIDD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A NXX COMMERCIAL GENERAL LIABILITY 1071978219 06/01/13 06/01114 PREMISES Ea ooaEL) $ 100,00 CLAIMSiMOE X�OCCUR MED EXP(Any one person) S 5,00 PERSONAL SADVINJURY $ '1,000,00 G ENERALAGGREGATE $ 2,000,00 GEML AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOPAGG $ 2,000,00 POLICY X PRO' LOG 3 AUTOMOBILE LIABILITY COa81NEDI SINGLE LIMIT 1,000,000 A X ANY AUTO C1071978222 0510iM3 05101114 BODILY INJURY(Par perow) 4 UTO$ AUTOS BODILY BODILY INJURY(Per acddanl) 3 X HIRED AUTOS X NON-O rNED PROPERTY OAMA E $ AUTOS r m Comp/Coll s 1,000/1,00 4 XX UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 6,000,00 A EXCESS LIA6 I I CLAIMS�MADE 1071978253 06/01/13 05/01/14 AGGREGATE $ 5,000,00 DED I X I RETENTION 0 $ WORKERS COMPENSATION X V1C STATU• 0 T- AND EMPLOYERS'LUIBILITY YIN 1 B ANY PRoPRIETowARTNERIEXECUTIvE PWC100029002 05101113 05/01/14 E.L.EACH ACCIDENT $ 600,00 OFFICERIMEMBER EXCLUDED? N MIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ 500,00 NyybeRIPTf0MOFO E.L.DISEASE-POLICY LIMIT $ 600,00 DES descION OF OPERATIONS below A Rental Equipment CID71978219 06/01/13 05101/14 Limit 100,00 C Professional Ltab CEOSSIS55996 05/01/13 06/01/14 Limit 31.000100 UESCRIPTION OF OPERATIONS I LOCA'nONS/VEHICLES(Attach ACORD 101,Additional Re narks Schedule,If mrs space Is roquirod) CERTIFICATE HOLDER CANCELLATION ORANINS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE: THEREOF, NOTICE WILL BE DELIVERED IN Orange County ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 Hillsborough,NC 27278 AUTNOR¢EOREPRESENTATIVE 00.1 /? a', ®1886.2010 ACORO CORPORATION. All rights reserved. ACORD 26(2010105) The ACORD name and logo are registered marks of ACORD