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HomeMy WebLinkAbout2016-149-E DEAPR - Gateway Building Company for repairs at W10 000wSWn Envelope ID: Cur0r88re158-4o58-853C;E45uE58C8r0o [Departmental Use Only] TITLE Repairs atVV10 FY 201@ ORANGECOUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGRD]BDNOQNT` iunde and entered into this 2O|h day ofJanuary, 2016, (`IIffeodwo Date") by ,and between Orange County, North Cuu`|kna` a pulidon| subdivision of the State of North Con^1inm' (the "County"), party of the first part; and Gateway Building Company(the "Provider"),party of the second part; WITNE@SE1[H: For the purpose and ao\jmut to the touom and conditions hereinafter set forth, tile County berokv contracts for the set-vices of the Provider, and the Provider agrees to provide tbe 5o)|nrviog services 10 tho County io accordance with the terms of this Agreement,time being of the essence: The services and/or zootodu|o 8)m»ninmDwr referred to oo|}modvn|y as "Set-vices") to be yunmiubed under this Agreement are as follows: Cut asphalt, houd dig and set bollard bases provided hv Orange County in place as discussed on-site. Remove and replace side-walk areas that have settled as discussed on-site. The terni of this agreement rendered shall be front January 20,2016 to March 31, 2016, Provider represents and agrees that Provider is qualified to perform and ftilly capable of performing and providing the services required or oousmuery under this A000mnzeot in u [o||« competent, yoofemmiwuui and timely /nanner to the oeduD\utiou of tile County. Provider shall be ormpmomih)o for all c,zom or omissions, in the porfoo/uoocm of the Agreement. Provider mhn\| correct any and all nrouca, on)|omi000` discrepancies, ambiguities, mistakes or conflicts at no additional cost 0otile County. Provider agrees that Provider shall not sub-contract any of the services 10 be provided in this Agreement, nor uhm|i Provider maoigu any right or responsibility granted o,required hv this Agreement,without the prior written approval of tile County. SPECIr,IC TERMS [ : Tile County agrees to pay at 1im rates mpccj�cd for Services ooduKaotod|v performed in accord— h this Agreement, The amnouut to be paid by t1lc County shall not exceed three thousand, one hundred, sixty-six dollars, CD3,166.l Puymnmu( shall be made within thirty (30) days of all invoice properly submitted to Com)ty. Should Provider {hU to perform its duties under tke ioono of this Agreement, County n)ny, without fault or pnuaUv withhold any payment associated with tile work tobe performed until such time am said work imcompleted. 2. -------��: Failure by County at any tcas to require the performance by Provider of any of tile provisions shall inuo way waive or affect the County's right hereunder 1oenforce the aoo ;, nor shall any waiver by the County ofany breach be held to beu waiver ofuuyuuncrediug brouob ncu waiver of this Non-Waiver Clause. 3. Independgit Contractor: The Provider li U operate as all independent ouotrack)r and the County shall not be responsible for any of the Provider's acts or ornissions. The Provider sliall not be treated -vices performed hereunder for federal or state tax, unemployment Or as an ernployce with respect to tile Set 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 oil behalf of the Provider or the employees of the Provider. /[ Insurance: Provider mbnU obtain, at its oVk} expense, Commercial General Liability Iumormo-- /\otonmo�{|� [o�uunoon, \�orkmza" Coznpeomo(iooInsurance, and any additional insurance as mmy '-` be oogViwmd by County's Risk Manager as such i nmuu«omo regoi,enom ta Roc d eoo/ih d in the Orange County Risk Transfer Policy and [}ruoQe County Miniroumm IumUonuon Coverage Requirements (moob doouuuwd is Revised 1/16 1 000wSWn Envelope ID: Cur0r88re158-4o58-853C;E45uE58C8r0o incorporated herein by reference and may be viewed at If County's Risk Manager determines additional insurance coverage is required such additional insurance sliall 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 County's Risk Manager. 5. : The Provider agrees to defend' iudemnify, and hold harmless Orange County from o|—iommea--�m, claims, demands, suits, costs, damages or expnooco (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction o[ uy ^ oopndYomu|med in whole or in part bv any omg(ige/dor |u&ou1i000| act V,omoinniononthe pad of the Provider, its -gmuie` or assigns directly or indirectly related to the Services to be performed pursuant ho this Agreement on the part of the Provider. ( . : This /�greemmeu1o\aybotoruoiva1edu(u/ry|lomohvroniuuir/riUon agreement of Ulmp0d�- or by—the Coun1yupon written notice to tile Provider. County may suspend this Agreement upon reasonable notice<o the Provider. 7[ The patties have read this Agreement and agree hmbu bound by all of its ierona' and further agree that it constitutes the conp|m<o and exclusive oto<oucui of the Agreement between the parties unless and until modified in writing and signed by the patties, This \~ oneut together with any amendments or modifications may be executed e|sotn`uica||v. All electronic signatures affixed hereto evidence the intent of the 9udinu to comply with Adio|m \lA and Article 40 of North Carolina General Statute Chapter 06. 8[ determining-� b> ���#� �oiu� the basic morvioom to be provided, should any documents be referenced-- inor----attached 10 this Agreement, the terms o[this Agreement shuU have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9\ oth patties agree that this Agreementyhw|| he governed by the laws o[the State nf--North Carolina, Pomvidcro}ioU at all times remain in compliance with all applicable local, state, and federal hnm, rules, and regulations including but not limited to all anti-disodnmiuotiou laws. By executing this Agreement Provider affirms that Provider is and sliall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, o, seek damages with mopcoi —ay provisiou performance o[ or the p�ru000cm ornm)-yerfoAgreeAgreement rooc� o[ d�im �� � �n� uhu|| be brought in General Court of North Carolina sitting in Orange County,North CunzUuu. O is agreed by the parties that no other court oba|| have jurisdiction or venue with ouupcc( to such moi(m or actions. Binding orbh|n\iou may not be initiated by either Party, however, the Pudiow may agree to nonbinding mediation of any dispute prior ho the bringing ofmunhmuhornodou. ll : Provider acknowledges that Countv is u governmental entity, and the validity of this Agreement ls 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 ofCounty's obligations under this Agreement, (bon this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and umo-npp,opriutiomof public fundm. [SIGNATURE PAGE TO FOLLOW] Revised 1/16 2 DocuSign Envelope ID: C2FO7997-2159-4B59-853C-E452E58C9FOB IN WITNESS WHEREOF,OF,County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE COUNTY PROVIDER DocuSigned by, DocuSigned by, By:&LA-tt- ;A'�KAQ�l By: t:11 aW�44' Itj 4ge Title, 200 S. Cameron St, Jack Moore P.O. Box 8181 Gateway Building Co. Hillsborough,NC 27278 P.O. box 3814, Durham,NC 27702 Revised 1/16 3 DocuSign Envelope ID: C2FO7997-2159-4B59-853C-E452E58C9FOB GATEW-1 OP ID:SF CERTIFICATE OF LIABILITY INSURANCE P70EII IMMl1201 Y) l07l 201(i 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 INSURERS), 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 endorsements). cW PRODUCER NAAME;" Tara J.Smithwick First Insurance Services,Inc. PHONE 919.941 0549atc Noj:-919-941.0135 P.O.Box 13687 AIG No.E,dI; RTP,NC 27709 E-MAIL Tara J.Smithwick INSURER{S}AFFORDING COVERAGE NAIC q INSURER A:Montgomery Insurance Companies 24198 INSURED Gateway Building Company INSURERB:Peerless Insurance Company 24188 PO Box 3814 INSURER 0:Great American Ins Co-IM Durham, NC 27702 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. ILTR D POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE POLICY NUMBER MMlaDf{YYY MMlDDftYYY A X COMMERCIAL GENERAL LIABILITY EACHOCCURRENGE $ 1,x00,00 CLAIMS-MADE N OCCUR BKA65526172 04/3012015 04130/2016 PREMISES Eaoocurrence s 1x0,00 MED EXP(Any one person) $ 10,000 PERSONAL&AOV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,00 POLICY PRO- ❑LOG PROOUGTS-COMP1aPAGG $ 3,000,00 JECT S OTHER: COMFr AUTOMOBILE LIABILITY (Ea accientSiNGLELIMIT S 1,000,00 B X ANY AUTO BAS55625172 04/30/2015 0413012016 BODILY INJURY(Per person) S ALL OV NED SCHEDULED BODILY INJURY(Per accident) S AUTOS AUTOS PROPERTY DAMAGE NON-OWNED Peraccdent $ X HIREDAUTOS X AUTOS $ X UMBRELLA LIAO X OCCUR EACH OCCURRENCE S 1,000,00 A EXCESS LIAO CLAIMS-MADE US01456626172 04/3012018 04/3012016 AGGREGATE _ 5 .. 1,000,00 QED X RETENTION§ $ WORKERS COMPENSATION X STATUTE ERH AND EMPLOYERS'LIABILITY YIN XWA55626172 04130/2015 0413012016 E,L.EACH ACCIDENT $ 1,000,00 B ANY PROPRiETORIPARTNERtEXECttTiVE NIA (Mandatory OFFICERiMEMBER F�CCLUDEO? EXCLUDE ROBIN J.MOORE E.L.DISEASE-FAEMPLOYEE]$ 1,000,00 (Mandatory to NHj If y25,descx ba under E.L.DISEASE-POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS be!. C Leased&Rented IMP048356900 0510112015 05/01/2016 Limit 260,x0 Equipment Ded 1,00 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(ACORD 1101,Additional Remarks Schedule,may be attached If more space is required) CERTIFICATE HOLDER CANCELLATION ORANGES SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County DEAPR ACCORDANCE WITH THE POLICY PROVISIONS. 302 W.Tryon St. PO Box 8181 AUTHORIZED REPRESENTATIVE Hillsborough, NC 27278 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26(2014101) The ACORD name and logo are registered marks of ACORD