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HomeMy WebLinkAbout2016-103-E AMS - BIRS, Inc. for courthouse roof upgrade DocuSign Envelope ID:AEE43C90-CC92-4D5D-A539-7CAD61B8867F [Departmental Use Only] TITLE Courthouse Roof Upgade FY 2015 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT,made and entered into this 11 day of December, 2015, ("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 Roofing (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: Courthouse leaks over Judges Chambers#217 &#208. Clean and seal with enviroseal double 7 a water-case clear silane coating applied to the exposed brick on the inside wall,end wall and chimney. Will also seal the outside wall down to the top of the first set of windows on the outside wall. Install copper coping,the new metal coping will be installed over the existing concrete coping and will cover the caulk joint that seals the concrete coping to the top of the brick wall. The term of this agreement rendered shall be from December 20,2015 to January 30,2016. 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. 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 the County shall not exceed Ten Thousand Eight Hundred Seventy Five, ($10,875). 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. Revised 10/14 1 DocuSign Envelope ID:AEE43C90-CC92-4D5D-A539-7CAD61B8867F 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 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://ot-angecountyne.gov/purchasingJcontracts.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. 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 I IA and Article 40 of North Carolina General Statute Chapter 66. 8. Priori 1y: 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 Law: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 Revised 10/14 2 DocuSign Envelope ID:AEE43C90-CC92-4D5D-A539-7CAD61B8867F IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER cuSigned by: ocuSigned by: By. R�6' In tt L�ctwlwlt VS�t By; F�k' ft'((,ltiVti, CO WMfflii"&... AF79FC1 CE94048F... 200 S. Cameron St. Mike McCluere BIRS,Inc P.O. Box 8181 P. O. Box 36197 Hillsborough,NC 27278 Greensboro,NC 27416 i Revised 10/14 3 I DocuSign Envelope ID:AEE43C90-CC92-4D5D-A539-7CAD61B8867F ORANGE COUNTY - COURTHOUSE 11/24/2015 ROOF LEAKS JUDGES CHAMBERS #217 AND #208 THIS PHOTO IS THE FRONT LEFT OF FOUR END WALLS WHERE LEAKS OCCUR ON THE INSIDE °l WALL AND RUN DOWN EACH WALL INTO THE ROOMS OF#208 AND#217. THE INSIDE BRICK WALL AND THE CONCRETE COPING HAVE BEEN DETERMINED TO BE THE SOURCE OF WATER ENTRY FOR EACH OF THE LEAKS, TIIE ORANGE ARROW POINTING UP IS ' THE WALL AND THE ARROW POINTING DOWN IS THE CONCRETE COPING. RECOMMENDATIONS; CLEAN AND SEAL WITH ENVIROSEAL DOUBLE 7 A WATER-BASE CLEAR SILANE COATING APPLIED TO THE EXPOSED BRICK ON THE INSIDE WALL,END WALL AND CHIMNEY. WE WILL ALSO SEAL THE OUTSIDE WALL DOWN TO THE TOP OF THE FIRST SET OF WINDOWS ON THE OUTSIDE WALL, INSTALL COPPER COPING. THE NEW METAL COPING WILL BE INSTALLED OVER THE EXISTING CONCRETE COPING AND WILL COVER THE CAULK JOINT THAT SEALS THE CONCRETE COPING TO THE TOP OF THE BRICK WALL. (COPING CAP 90 FT.) (WALL COATING APPROXIMATELY 975 SQ,FT.) NOTE: THE PROJECT HAS FOUR WALLS AND TWO CHIMNEYS JUST LIKE THE WALL AND CHIMNEY IN THIS PHOTO. NOTE: THE ABOVE WORK WILL BE SCHF,DUI.ED FOR WEEKENDS. NOTE: SAFTEY WILL ALSO BE ATOP PRIORITY DURING THE INSTALL, YOUR INVESTMENT COST FOR THE ABOVE IS .......... $10,875 DocuSign Envelope ID:AEE43C90-CC92-4D5D-A539-7CAD6lB8867F BIRSI.2 OP ID: LB CERTIFICATE OF LIABILITY INSURANCE DATE(IAMIDD/YYYY) o51a4/2o15 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed, If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate(loos not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER NOIITA _-CT _ Senn Dunn-GSO nnE Lynne A Meyer,CIC,CPIW,AINS _ 3625 N.Elm St. PHONE,EXa;336.346-"302 ) 12-3818 Greensboro,NC 27455 E A ,No: David R.Clem,CIC A_DDRESS_Imeyer @senndunn,com INSURER(S)AFFORDING COVERAGE NAIC Q _ INSURER A_Transportation Insurance Co 20494 INSURED SIRS,Inc. INSURER B:Builders Mutual In$.CO, _ 10844 Mr.Raven Brooker INSURER c;Columbia Casualty Company 31127 PO Box 36197 _ Y p Y 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. 1LTf2 TYPE OF INSURANCE INSD ID r) POLICY NUMBER H?%DD 'I�%ODD LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 CLAIMSdAADE l�OCCUR C1071978219 05101/2015 0510112016 PREMISES Ea occurrence $ 100,00 MED EXP(Any one person) 3 5,00 X PERSONAL&ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER, GENERAL AGGREGATE $ 2,000,00 POLICY JEo 0 LOG PRODUCTS•COIAP;OPAGG $ 2,000,00 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,00 A X ANY AUTO C1071978222 05101/2015 05/01/2016 BODILY INJURY(Parperson) $ ALLOWNED SCHEDULED - AUTO$ AUTOS BODILY INJURY(Per accident) $ X HIREDAUTOS x NON-OWNED PROPERTYDAMAGE AUTOS Per accident) X UMBRELLA LIAB X ComplColl Ded $ 1,00011,00 OCCUR EACH OCCURRENCE $ 5,000,00 A EXCESS LIAB CLAIMS-MADE 01071978253 0510112015 05/01/2016 AGGREGATE $ 5,000,00 DED X RETENTIONS 10,000 $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN X _STATUTE ERH B ANYPROI.II!B6REXCLUDEO?ECUTIVE NlA 'PWGI00029002 05/01/2015 05101/2016 E.L_EACH ACCIDENT $ 500,00 Fn Ityestory bNnd E. .DISEASE-EAEIAPLOYE S 500,00 II yes,descrbeunder —- DESCRIPTIONOFOPERA710NSbe!ow E.L.DISEASE-POLiCYDh11T $ 500,00 A Rental Equipment 01071978219 05/0112015 05/0112016 Limit 100,00 C E&OlPollution CE05001855996 05/01/2015 05!01/2016 Limit 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES(ACORO 101,Additional Remarks Schedule,may be attached If more space is required) i CERTIFICATE HOLDER CANCELLATION ORANWS 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 REPRESENTATIVE ©1988-2014 ACORD CORPORATION. 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