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Home My WebLink About2014-495-E DEAPR - Royalwood Associates Inc. for gymnasium resurfacing $1,577 DocuSign Envelope ID:86E41720-BEF1-4F9E-BEE4-8D52A9AF1016 [Departmental Use Only] TITLE Royalwood Associates FY 2014/15 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 3rd day of September, 2014, ("Effective Date") by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part, and Royalwood Associates Inc. (the "Provider"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hercky contracts for the services of tine Provider, and the Provider agrees to provide the following services to the County ill accordance with the terms of this Agreement, time being of the essence: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Screen and recoat Central Recreation Gymnasium floor Apply one coat of Hillyard's Pro 50 Gym Finish. Screen, vacutnn, clean,and tac the floor prior to the finish application Job is scheduled for 9/I6. For the gym to reopen on 9/22. The term of this agreement rendered shall be from September 16, 2014 to September 22, 2014. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, ill the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes Or COnfliCtS at no additional Cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement, without the prior written approval of the County. SPECII+IC TERMS I. Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by tine County shall not exceed One thousand, five-hundred and seventy-seven, ($1,577.00). Payment shall be made within thirty(30)clays of air invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non—waiver; Failure by County at any time to require the performance by Provider of any of tine provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor shall any waiver by the County of air), breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. hrdependent Contractor: The Provider shall operate as an independent contractor and the County shall not be responsible for any of the Provider's acts or omissions. Tire Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor- state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. Revised 7114 I DocuSign Envelope ID:86E41720-BEF1-4F9E-BEE4-8D52A9AF1016 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by Owner's Risk Manager as stich insurance requ ii-em etits are described in the Orange County Risk Transfer Policy and Orange County Minimum insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at littV.-Horan=e, countyne�purehasing/contracts.asp). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act Or omission on the part of the Provider. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the patties or by the County upon written notice to the Provider. 7. Entire Agreement and Si ttag titres: The patties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signet[ by the patties. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. 8. Priori In determining the basic services to be provided, should any documents be referenced in this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Governing L� acv: Both Fatties agree that this Agreement shall be governed by the laws of the State of North Carolina. Should either party initiate litigation to settle any dispute involving the terns of this Agreement such litigation shall be initiated in the General Cotut of Justice of North Carolina seated in Orange County, North Carolina. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and c'egtllations including bUt clot limited to all anti-discrimination laws. Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a contract with a contractor unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Provider's breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 10. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public fiinds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. [SIGNATURE PAGE TO FOLLOW] Revised 7/14 2 DocuSign Envelope ID:86E41720-BEF1-4F9E-BEE4-8D52A9AF1016 IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement, effective as of the day first written above. OR7�0&a7994B7ErSE477 QLT;kT V-. PROVIDER DocuSigned by: - �• ___ y• 77485�F(1271 F41 Count}'Manager 200 S. Cameron St. ,Leff Evans P.O. Box 8181 President Hillsborough,NC 27278 Royalwood Associates, Inc. Revised 7114 3 DocuSign Envelope ID:86E41720-BEF1-4F9E-BEE4-8D52A9AF1016 ROYAL-5 OP ID: RE CERTIFICATE OF LIABILITY INSURANCE DATE 09/0 `/2014 0 910 412 0 1 4 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(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms 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 endorsemont(s). PRODUCER CONTACT Tammy Coolidge Senn Dunn-Raleigh PoN FAX 4700 Falls of Neuse Rd,St 190 Arc Na Em:919-719-9_861 Arc No): 919-372-3716 Raleigh,NC 27609-2621 E-FRAIL tcoolid a SenndUnF1.COEn James P.Lowrey ADDRESS: 9 INSURERISI AFFORDING COVERAGE NAIC N _INSURE_RA:8olective Insurance Co of Amer 12572 INSURED Royalwood Associates,Inc, INSURERB;Builders Mutual Ins.Co. 10844 Attn: Don Eidson — --- P.O. Box 91145 INSURER C: Raleigh, NC 27675-1145 INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIE=S 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. ILTR TYPE OF INSURANCE INSR$C3E3si POLICY MNttIDIDYNYYY MMIDoIYYYY LIMBS GENERAL LIABILITY I EACHOCCURRENCE $ 1,000,00 A X COMMERCIAtGENERAL LIAR ILITY X 51931429 04/01/2014 04101/2015 DAMAGE TO RENTED PREMISES(Ea occurrence 5 100,00 CLAWS-MADE I X I OCCUR MED EXP(Any one person) $ 5,00 PERSONAL&ADV INJURY 5 1,000,00 9ENERAL_A AGATE $ 3,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS•COMPlOP AGG S 3,000,00 POLICY X PR0. LOC S AUTOMOBILE LIABILITY COW31NED SINGLE LIMIT 1,000,00 I Eaaccidenl 5A ANY AUTO 51931429 04/01/2014 04/0112015 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(per accident) $ HIREDAUT05 NON-OVJNPD PROPERTYOAh4AGE $ AUTOS PER ACCIDENT X UMBRELLA LIAB X OCCUR EACHOCCURRENCE $ 5,000,00 A EXCESS LIAR CLAIMS-MADE 51931429 04!0112014 04101/2015 AGGREGATE s 5,000,00 ❑Et} I X I RETENTION S 0 WORKERS COMPENSATION X 45'CSTATU- OTH- AND EMPLOYERS'LIABILITY Y LIF E B ANY PROPMETORIPARTNERIEXECUTWEYIN WCP102439601 0410'112014 04101/2016 _FLEACHACCIDFNT 5 1,000,00 OFFICERW EMBER EXCLUDE 07 NIA - ---- 1Mandatory lnNH) E.LDISEASE-EAEMPLOYE $ 1,000,00 It yyes,descrl6o under on OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,AddAlonal Remarks Schedule,it more space Is required) Re: Central Recreation Gymnasium Orange County is included as additional insured for General Liability as required by written contract. CERTIFICATE HOLDER CANCELLATION ORAN131 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. Mr.Christopher A.Sousa 200 S.Cameron St, AUTHORIZED REPRESENTATIVE PO Box 818 y�/f Hillsborough, NC 27278 O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD