Loading...
HomeMy WebLinkAbout2016-119-E AMS - Tibbens Construction for Board of Elections renovations DocuSign Envelope ID: 13936B85-84DF-43F8-8F41-517DO73AODA8 [Departmental Use Only] TITLE BOE Renovations FY 2015 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT,made and entered into this 19th day of January, 2016, ("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 Tibbens Construction (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: Furnish all materials and perform all labor,as discussed at site visit, for renovations to the South Wing of 208 South Cameron Street as detailed in provided proposal The term of this agreement rendered shall be from January 19,2016 to February 15,2016. 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 Sixteen Thousand Six Hundred, ($16,600.00). 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: 13936B85-84DF-43F8-8F41-517DO73AODA8 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://oran eg countync..gov/purchasing/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. 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. Priority: 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] Revised 10/14 2 DocuSign Envelope ID: 13936B85-84DF-43F8-8F41-517DO73AODA8 IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER By; F� cuSigned by: [-Z&uSigned by: 6'VGLAJt' l�Awtwtt VS By: fii�"s C 3 ggj71/22/2O16 33392EWAAB471... 1/19/2016 200 S. Cameron St. Mark Tibbens, Owner P.O. Box 8181 849 Moose Tracks Trl. Hillsborough,NC 27278 Cedar Grove,NC 27231 I i r I i Revised 10/14 3 DocuSign Envelope ID: 13936B85-84DF-43F8-8F41-517DO73AODA8 Estimmatt; ........................................................................................................................................................................................................................ FROM: Tibbens Construction _ Page. No. 1 of 1 849 Moose Tracks Trl .Cedar Grove NC. 27231 919-643-2856 c# 919-667-5366 PROPOSAL SUBMITTED TO: Name: Orange Co. Board of Elections ATTPaul Sorrell W/Asset managment Phone: 919-245-2625 Cell# 919-201-6829 Street: 208 South Cameron Street City: Hillsborough NC. 27278 1 propose to furnish all materials and perform all labor necessary to complete the following: Renovations to the south wing of building as discussed at site visit. Remove existing suspended ceilings and reinstall new ceiling using existing components and ceiling tile as needed. All ceiling lights, ceiling fans etc. will remain in existing locations. Remove and dispose of masonry partition walls, doors etc. patch and paint remaining walls as needed with color to match existing as close as possible. All receptacles, data etc. of existing walls remaining will stay. All receptacles, data etc. at partition walls removed will be deleted or relocated as discussed at site visit. Remove two existing store front door units and reinstall one at end of existing hall leading to site. All of the work is to be completed in a substantial and workmanlike manner for the sum of ($16,600.00). Payment to be made each week as the work progresses to the value of One hundred percent (100%) of all work completed. The entire amount of the contract is to be paid within 5 days after completion. Any alterations or deviation from the above specifications involving extra cost of material or labor will be executed upon written order for same, and will become an extra charge over the sum mentioned in this contract. All agreements must be made in writing. Authorized Signature Mark Tibbens ACCEPTANCE- Owners Signature www,socrates.com Page 1 of 2 SS4301-340-Rev.05/04 DocuSign Envelope ID: 13936B85-84DF-43F8-8F41-517DO73AODA8 You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal for which Owner agrees to pay the amount mentioned in said proposal and according to the terms thereof. Signature Date wmv.socrates.com Page 2 of 2 SS4301-340•Rev.05/04 DocuSign Envelope ID: 13936B85-84DF-43F8-8F41-517DO73AODA8 MARKT-1 OP ID: GS A� DATE(MM/DDYYY) CERTIFICATE ®F LIA LIABILITY 01/ /Y15/2016 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 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 NAME: All United Insurance Agency Co All United Insurance Agency PHONE 866A84-8656 A/C No ; 866-362-9807 9716-B Rea Road,#123 A/C No Ell: Charlotte,NC 28277 E-MAIL All United Insurance Agency Co ADDRESS: _ INSURER(S)AFFORDING COVERAGE NAIC# _ INSURERA:Main Street America Insurance 11066 INSURED Mark Tibbens DBA INSURER B: Mark Tibbens Construction 849 Moose Tracks Trail INSURER C: Cedar Grove,INC 27231 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 WTH 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 DD BR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DO/YYYY MM/DD GENERAL LIABILITY EACH OCCURRENCE $ 300,00 A X COMMERCIAL GENERAL LIABILITY MPG1466K 02/2812015 02/2812016 DAMAGE TO RE TED 500,000 PREMISES Ea occurrence $ CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,00 PERSONAL&ADV INJURY $ 300,000 GENERAL AGGREGATE $ 600,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 600,000 X POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1 000,000 Ea accident $ B X ANY AUTO B109698J 11118/2015 11118/2016 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS PER ACCIDEN UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION VvC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE❑ N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) CERTIFICATE HOLDER CANCELLATION ORANGE1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE a Oran County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange ACCORDANCE WITH THE POLICY PROVISIONS. Board Of Elections 208 South Cameron Street Hillsborough,INC 27278 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 13936B85-84DF-43F8-8F41-517DO73AODA8 NEEDS FOR Construction Services Agreement Under$50K Proposal# provided. 10 Certificate of In1surance and applicable endorseiment(s) provided. Agreement Title: 1Z�'n )V0+U �3 '� CONTACT INFORMATION(for project dates or collecting/verifying documentation,etc): Vendor Contact Name: Vendor Contact Title: 0 ,LQ Vendor Contact Email: 1 KJ J.) c-,,,'n co ii + Q ho Vendor Contact Phone Numbers. 9 1 q _ �✓ ROUTING FORM INFORMATION: ` Vendor Signer Name: kl) CAT-`L k f Vendor Signer Title: 0 co 1-) er Vendor Signer Email: k ens �l J h�fi c Ci oL co rn General Ledger Org/Obj/Project: V�eno,Uc �1 n y� CONTRACT INFORMATION: Agreement Date: I " , q ` y Month Day,Year TERM: 1 Contract Beginning Date: Ci f � I Contract Ending Date: Project Commencement Date: SERVICES: Contractor agrees to provide the following construction services(the"Work"): 1 See detailed description in attached proposal. If the work described in proposal is not line item detailed,and in complete sentences,please elaborate here. Page i of i