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HomeMy WebLinkAbout2014-586-E AMS - BIRS, Inc. to repair west wall at Link Government Services Center $9,775 DocuSign Envelope ID:9839211 F-ECEB-401 D-BC3A-102ABODAF2A7 [Departmental Use Only] TITLE LINK-WALL REPAIRS FY 2015 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 5th day of December, 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 BIRS, Inc. (the "Provider"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in 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: repairs to the Link Government Services Center West Wall, per provided quote. The term of this agreement rendered shall be from December 5, 2014 to March 31,2015. 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, in 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. SPECIFIC TERMS 1. Pant: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed nine thousand seven hundred seventy five dollars, ($9,775). Payment shall be made within thirty (30) days of an 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 the 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 any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent 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. The 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. 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 such insurance requirements are described in the Orange County Revised 10/14 1 DocuSign Envelope ID:9839211 F-ECEB-401 D-BC3A-102ABODAF2A7 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://orangecounlyne.gov/purchasing/contracts.asp). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of n/a(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. Indemni : 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 parties or by the County upon written notice to the Provider. 7. Entire Agreement and Signatures: The parties 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 signed by the parties. 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 11A 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 or attached to 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� aw: Both parties 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 terms of this Agreement such litigation shall be initiated in the General Court 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 regulations including but not limited to all anti-discrimination laws. 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County,North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 11. 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 funds 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] i I I Revised 10/14 2 DocuSign Envelope ID:9839211 F-ECEB-401 D-BC3A-102ABODAF2A7 IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. ORAN90CU CnOl�y1VTY PROVDaElCt, by: By: ,l�ttt �auhw�t.vS By: rav�tta, (,, f at.tty, ou06 9`Wanager BE6418E2172B460... 200 S. Cameron St. BIBS,Inc. P.O. Box 8181 PO Box 36197 Hillsborough,NC 27278 Greensboro,NC 27416 I i i i Revised 10/14 3 DocuSign Envelope ID:9839211 F-ECEB-401 D-BC3A-102ABODAF2A7 Bins "Iffie Roof Savers", Bins, 111C. P.O. Box 36197 Greensboro, N.G. 27416-6197 (336) 574-3060 (336) 275-0886- Fax September 15,2014 Mr. Paul Sorrell Orange County Public Works 600 Highway 86 North Hillsborough,NC 27278 Subject: JOIN M.LINK,JR. GOVERNMENT SERVICES CENTER REPAIRS TO THE WEST WALL ONLY } j Dear Mr, Sorrell: 1 This is to provide you with our recommendations to address the wall leaks oil the west wall. Attached is a photo of the building and the set tip area that will be needed to access the wall. Attached are pliotos of repairs to be installed along with your investment cost. If you have any questions, or if we tail be of further service,please feel free to give me a cal, Respectfully 7?2 ce 7?2c�E'cvee mikc @birsrooring.com Mike McClure,Inspector i 0 0 c cn cam' ORANGE COUNTY-JOHN M. LINK,JR. GOVERNMENT SERVICES CENTER HILLSBOROUGH, NC. 7/1812014 WEST EXTERIOR WALL REPAIRS co m co m 0 135 FT.MAN LIFT �. WILL NEED TOBE USED TO ACCESS - THE LOWER LEDGE L AND THE WEST SIDE OF THE BUILDING. THIS SIZE LIFT WILL ALLOW FOR THE LOWER ANGLE TO REACH 70 FT. 3 la ri. Xvb, DocuSign Envelope ID:9839211 F-ECEB-401 D-BC3A-102ABODAF2A7 RANGE�COUNTY - GOVERNMENT SERVICES_CEN'T�l� 9/15/2014 x TEMPORARY CAULK RE'PAIRS f OBVIOUS DETERIORATED CAULK JOINTS ABOVE LEDGES, CLEAN AND RECAULK. ! ref i 9. 1 I I t x s � I OBVIOUS DETERIORATED CAULK JOINTS BELOW LEDGES, CLEAN AND RE CAULK. ( t 3 1 'm. A OBVIOUS DETERIORATED CAULK IN y. EXPANSION JOINTS IN LEDGES,CLEAN AND RECAULK, t i i DocuSign Envelope ID:9839211 F-ECEB-401 D-BC3A-102ABODAF2A7 ORANGE COUNTY -- GOVERNMENT SERVICES CEN'I'ER – _ — TEMPORARY CAULK REPAIRS "n �s i X•a's' , L.iii �;^?=r r,_�.j ti, � ., WEEP TUBES CLOGGED ADOVE LEDGES, CLEAN OUT AND RECAULK, h t4 �x OBVIOUS DETERIORATED WALL EXPANSION JOINTS, CLEAN AND RE CAULK. v, i WAP tE. OBVIOUS DETERIORATED CAULK JOINTS IN LARGE COPING CAPS, CLEAN AND RE CAULK. i I DocuSign Envelope ID:9839211 F-ECEB-401 D-BC3A-102ABODAF2A7 RANCxE COUNTY.._-QQ-VE+ RI�MENT SERVICES CEN'T'ER. EXTERIOR_BTIIMINg_'VVALL TEMPORARY CAULK REPAIRS ' - OBVIOUS RUSTING LINTELS ABOVE WINDOWS, CLEAN PRIME AND RE CAULK. 6 ; _ OBVIOUS DETERIORATED CAULK JOINT BELOW WINDOW SEALS,CLEAN AND RE CAULK, a YOUR INVESTMENT COST FOR THE TEMPORARY REPAIRS ON THE WEST WALL ONLY IS ..... $99775 i i i I DocuSign Envelope ID:9839211 F-ECEB-401 D-BC3A-102ABODAF2A7 BIRSI.2 OP ID: LIE CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD""") 05/06/2014 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 9ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED ' tEPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(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 endorsement(s), PRODUCER CONTACT Lynne A Meyer,C1C,CPIW,AINS Senn Dunn-GSO - 3625 N.Elm St. $N o E n;336-346.1302 _ A No):336.612-3818 Greensboro,NO 27455 EMAIL David R.Clem,CIO ADDRESS:Imeyer @senndunn,com INSURERS AFFORDING COVERAGE NAIC q INSURER A:Continental Casualty Co. 20443 INSURED BIRS,Inc, _ INSURER B:Builders Mutual Ins.Co. 10844 Mr.Raven Brooker INSURER C:Columbia Casualty Company 31127 PO Box 36197 Greensboro,NC 27416-6197 INSURER t INSURER E: 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 TYPE OF INSURANCE D S`UBR POLICY NUMBER MMIDDIIYEYYY MG DD/Y YY LIMITS LTR GENERAL LIABILITY FACHOCCURRENCE $ 1,000,00 A X COAIMERCIALGENERALLIABILITY 01071978219 0510112014 0510112015 PREMISES Ea occurrence $ 100,00 CLAIMS-MADE nXOCCUR MED EXP(Anyone person) $ 5,00 PERSONAL&AOV INJURY $ 1,000,00 X GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMITAPPLIES PER PRODUCTS-COMFIOPAGG $ 2,000,00 POLICY PRO. LOC $ X AUTOMOBILE LIABILITY COMBINED SINGLELIAIIT 1,000,00 Ea acddenl A HX ANYAUTO C1071978222 05/0112014 05/01/2015 BODILY INJURY(Per person) $ A LOWNED SCHEDULED BODILY INJURY(Per accident) $ HIREDAUTOS X AUTOS NED PERACCIDENT�GE $ AUTOS Comp/Coll Ded $ 1,00011,00 UMBRELLALIAB X OCCUR EACHOCCURRENCE $ 5,000,0E A EXCESS LIAB _ CLAIMS-MADE 01071978253 05/0112014 05101/2015 AGGREGATE S 5,000,00 DED I X I RETENTION$ 10,000 $ WORKERS COMPENSATION WCSTATU•AND LIABILITY X TO Y LIMITS ER YIN B ANY PROPRIETORIPARTNEREXECUTIVEI -- N/A PWC100029002 0510112014 0510112015 E.L.EACH ACCIDENT $ 500,00 OFFICER/MEMBER EXCLUDED? LNJ (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ 500,00 If es describe under D SCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,00 A Rental Equipment 01071978219 05101/2014 05101/2015 Limit 100,00 C E&O/Pollution CE05091855996 05/01/2014 05101/2015 Limit 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD Het,Additional Remarks Schedule,If more space Is required) 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 AUTHORIZED IREPRESENNrAATIVE J RJ',1 � a, ", ©1988.2010 ACORD CORPORATION, All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD