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Home My WebLink About2015-597-E AMS - BIRS, Inc. to repair jail roof DocuSign Envelope ID: E4652A7D-FDAF-4F3C-BFA4-22CB029C0980 NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 9th day of November, 2015 by and between Orange County, North Carolina(hereinafter the "Owner") party of the first part; and BIBS, 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: Octobe r29, 2015 through March 31, 2015. The Project Commencement Date shall be October 29, 2015. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: thirty nine thousand, six hundred and eighty nine dollars ($39,689) 3. SERVICES Contractor agrees to provide the following construction services (the "Work"): conduct roofing repairs to the existing Orange County Jail as outlined in the attached proposal date October 12, 2015. 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 10/14 1 DocuSign Envelope ID: E4652A7D-FDAF-4F3C-BFA4-22CB029C0980 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. This or any other written notice shall be delivered via certified mail, return receipt requested to the parties at the addresses as shown on the signature page to this Agreement. 7. INSURANCE REQUIREMENTS Contractor 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 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at ham://orangecountwgov/purchasing/contracts.asp). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here N/A (if no additional insurance required mark N/A as being not applicable). Contractor shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 8. INDEMNIFICATION 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. Contractor is responsible for all errors or omissions caused by its agents, contractors, employees, or assigns in the performance of this Agreement. It is the intent of this section to require Contractor to indemnify the Owner to the full extent permitted under North Carolina law. 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 Revised 10/14 2 DocuSign Envelope ID: E4652A7D-FDAF-4F3C-BFA4-22CB029C0980 Contractor acknowledges that Owner 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 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. 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. DIGITAL SIGNATURES 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 1 I and Article 40 of North Carolina General Statute Chapter 66. 12. ENTIRE AGREEMENT The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it, together with specifically referenced documents, 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. Should any conflict arise in the terms of any documents referenced herein and this Agreement the terms of this Agreement shall be given priority and shall control over all other such documents. Should a request for proposals and a proposal be referenced the terms of the request for proposals shall have priority over the terms of the proposal. 13. COMPLIANCE WITH LAW/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. 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. [SIGNATURE PAGE TO FOLLOW] Revised 10/14 3 DocuSign Envelope ID: E4652A7D-FDAF-4F3C-BFA4-22CB029C0980 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 ,—�DocuSigned by: DocuSigned by: ByOV�,lit tf �A uvtw�t V S�t t i By Count lag -, E477___ BIDS 117DBB1-D5A411 200 S. Cameron St. Levi Broeker. P.O. Box 8181 PO Box 36197 Hillsborough, NC 27278 Greensboro, NC 27416-6197 Revised 10/14 4 DocuSign Envelope ID: E4652A7D-FDAF-4F3C-BFA4-22CB029C0980 BIBS "'the Roof Sawelm,, DIRS, Inc. PO, Box 36197 October 12, 2015 Greensboro, N.C. 27416-6197 (336) 574-3060 (336) 275-0886 - Fax Mr. Jeff Shady 5"' Wall Building; Diagnostic C011SUltalltS Subject: Orange CIOL111t�' - Old .tail - Roof Maintenance Deal, Mr. SPady: Thank )IOLI for asking BIBS, Ine. to offer'our price to perlorm the maintenance Nvork as identified by 5"' Wall Building Diagnostic Consultants atop the Old Orange County Jail facility. The existing roof is a ballasted EPDM membrane that is in need of rcplacing. We cannot guarantee the roofs to be leak ftec clue to their age but will warrant our repairs [lot to tL1111 100SC 1`61' 1 YC,-11', Total maintenance/repair cost is ........11-....—-.11 $39,659! Attached is a detailed scope of work w/ pictures. S110111d you need additional Nvork performed outside the attached scope please advise and we will provide pricing. Anything not listed in the attached is not included in this proposal. If you have any questions, or if we can be of further service, please feel free to give me a call. Respectfully, 1 vi roeker,juslyeCtor DocuSign Envelope ID: E4652A7D-FDAF-4F3C-BFA4-22CB029C0980 Orange C'oa my— Old ,tail Roof Maintemilice/Reyairs mm_10/2/15 Seal open pipe penetration to wall on lower roof, backer rail & Y" caUl'k. Reseal coping joints wP 6" FPDM cover strip (22 ca) Reseal all pitch pockets yvl elastomeric coating (13 ca) , x, DocuSign Envelope ID: E4652A7D-FDAF-4F3C-BFA4-22CB029C0980 Orai!g, Count,-� QId .Jail Roof"Mailitell ance/Rep airs 10/2/15 Reseal wall louvers Nv/back rod & caulk (2 ca) i i Point up masonry mortar joint at tole course of brick(55 1f j Replace wall flashing on lower roof(170 10 No siding to be removed w� a �' X DocuSign Envelope ID: E4652A7D-FDAF-4F3C-BFA4-22CB029C0980 ()rat!ge CPI!n!y QId Jail Roof Maintenance/Rellags 10/2/15 Reflash vent pipes (19 ea) i G � V Restrip rectal edge xN,/ new 9" EPI7M cove• stria (200 lfy /f ti yx NuW, .h Cut & relay; bridging wall flashing, repair Nv/new EPDM . membrane and flash back to existing. (195 10 DocuSign Envelope ID: E4652A7D-FDAF-4F3C-BFA4-22CB029C0980 Cbr�irl<; e Co�►r►ty [)id Jail _m Roof aijiteniL-tnceLRc airs 10/2/15 Reflash curb corners w/ 9" form flashing (64 ca) No Photo Reff1ash existing roof drains (6 ca) DocuSign Envelope ID: E4652A7D-FDAF-4F3C-BFA4-22CB029C0980 BIRSI-2 OP ID: LE =05'1041201 YY ) CERTIFICATE OF LIABILITY INSURANCE 5 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 policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of fire 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 NAME: T Lynne A Meyer,CIC,CPIW,AIMS Senn Dunn -GSO _ 3625 N.Elm St. (AICONY�e,Ext)336-346-1302 �_AIX,Noy:336-612-3818 Greensboro,INC 27455 E.fAA$L er c David R.Clem,CIC ADDRESS:Ime y @senndunn.conT INSURER(S)AFFORDIN'.G COVERAGE, N'AIC p. INSURER A:Transportation Insurance Co. 20494 INSURED BIRS, Inc. INSURERB:Builders Mutual Ins. Co. - 10844 Mr. Raven Broeker . . .._.__ p PICT Box 36197 INSURER C Columbia Casualt y Company 31127 Greensboro, NC 27416-6197 INSURER D 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 ............. DDL SUBR ...-. -_ POLICY EFF POLICY EhP, LTR INSD GWVD POLICY NUMBER j1AMIDDffyYYi !f.lP'1fDDfyyYYI LIMITS A X COMMERCIAL GENERAL LIABILITY EACH 000U;RRENGE. $ 1,000,00 CLAIMS-N.IADE OCCUR 014171978219 0510112015 05101120141 PRE1MI ES Ea occurrence $ 100,00 MFDFXP(Any one person) $ 5,00 PERSONAL&ADV INJURY $ 1,0001041- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00 1131, F7 POLICY I °' 1 JEGT LOG PRODUCTS-COMPiOP AGO 2,000,00 07HER: $ AUTOMOBILE LIABILITY 1 CO II131N'ED SINGLE LIMIT Ea act#dens $ _ 1,000,00 A X ANYAUTO C1071978222 051011201510510112016 BODILY INJURY(Per person) $ ALLONfNED UTOS SCHEDULED A AUTOS BODILY INJURY(Per aceidenl) ' ' X NON-OWNED PROPER DAMAGE ..... Per acX HIRED AUTOS AUTS cideC $ ComplColl Ded 1,004111,00 X UMBRELLA LIAR X�OGCUR EACH OCCURRENCE $ 5,000,00 .. ......... A Excess LIAR 01071978253 0510112015 05101/2016 AGGREGATE $ 5,000,00 DED X RETENTION$ 10,'000! $ WORKERS COMPENSATION PER OTH AND EMPLOYERS'LIABILITY X STATUTE ER B ANY PROPRIETORIPARTNERIEXECUTIVE YIN PW0100029002 0510112015 0510112016 E L EACH ACCIDENT $ 500,00 OFFICERIMEMBER EXCLUDED? �NIA - (Mandatory In NHI F.L.DISEASE-EA FI.IPLOYF S 500,00 If yes,describe under ...... DESCRIPTION OF OPERATIONS be.'o•.0 E.L.DISEASE-POLICY LIMIT I$ 500,00 A Rental Equipment 01071978219 05101/2015 05/0112016 Limit 100,00 C E S 01POIlUtion CE05091855996 0510112015 0510112016 Limit 1,000,00 DESCRIPTION OF OPERATIONS f LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule.,may be attached 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 REPRESENTATIVE AUTAIORI2E0[JREPpRE //'(��ryr 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered'marks of ACORD