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HomeMy WebLinkAbout2016-169-E AMS - Tac Welding to repair drain doors at Animal Services DocuSign Envelope ID: D5D06FFD-4F06-41F3-995C-9CC783787299 [Departmental Use Only] TITLE Animal Sery Drain Doors FY 2016 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 17th day of February, 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 Tac Welding(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: Replace rusted steel drain doors with new stainless steel doors with a new stainless steel handles and stainless steel hinge. Hinge will be bolted to door and bolted to wall like existing. The term of this agreement rendered shall be from February 22,2016 to March 22,2016. 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 19 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 Four Thousand Five Hundred, ($4,500.00). 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 Revised 10/14 1 DocuSign Envelope ID: D5D06FFD-4F06-41F3-995C-9CC783787299 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://orangecouiLtyne.gov/purehasing/coiitracts.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 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 Law: 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: D5D06FFD-4F06-41F3-995C-9CC783787299 IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER DocuSigned by: DocuSigned by: By; �6vuvuit, RMKIt YV By; ;Z I(Q — ' an .. 2/26/2016 80B4C712BMD49D._ 2 17 2016 200 S. Cameron St. Tyler Dean, Owner P.O. Box 8181 4816 High Rock Rd Hillsborough,NC 27278 Efland,NC 27243 Revised 10/14 3 DocuSign Envelope ID: D5D06FFD-4F06-4l F3-995C-9CC783787299 3 ,..l.= { 1�t{�� ��r.l�fi�-{s ,e.t;3{1{ -'•t tits� -'i ,� .-.: t51,.I CTJ 51642 M r_t '=4f°.w9. tg�i: °,i t..{ t 6 I /r `t J, {pt I DocuSign Envelope ID: D5DO6FFD-4FO6-41F3-995C-9CC783787299 DATE ) 010ERTIFICATE LIABILITY INSURANCE !114/206 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 David Ballard NAME:_ BALLARD INSURANCE AGENCY -PHONE - Fax —-- -" -- — 919-732-2158 __F N�919-732-9636 _(A!C No Exlj__-_--- E-MAIL ballard @ballarda enc inc.com P. 0. BOX 1559 aooRESS;_ _-------._..- 9_Y HILLSBOROUGH NC 27278 _ INSURER(S)AFFORDING COVERAGE INSURERA NAUTILUS INSURANCE COMPANY 17370 INSURED INSURER B: TAC ;dELDING LLC INSURERC: PO BOX 517 tHILLSBOROUGH NC 27278 INSURER D: INSURER 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. _ — -�---- - oot: �B- -POLICY EFF POLICY EXP--� INSR LIMITS LTR i TYPE OF INSURANCE�N SR IVND� POLICY NUMBER tAh11DDlYYYY i M1VAIOD/YWY GENERAL LIABILITY X BN 961618 '01/0612016 01!06/2017 EACH OCCURRENCE S1 ,000 , 000 _ DA A To RFENTE A X COMMERCIAL GENERAL LIABILITY PREtv11SES(Eaaccurrence) $100'000 _ t I CLAIMS-MADE L-�.,OCCUR 1 MED EXP(Any one person) S 5,0 O 0 PERSONAL 8 ADV INJURY s 1'000 , O 0 O — GENERAL AGGREGATE s2,000,000 GENT AGGREGATE LIMIT APPLIES PER; i ! PRODUCTS-COMPiOP AGG S 2 r 0 0 0:O O O - I 15 X POLICY I LOC I COMBINED SINGLE LI MIT i S AUTOMOBILE LIABILITY (Ea accident) i BODILY INJURY(Per person) S ANY AUTO _ ! ALL OV✓IED SCHEDULED I I BODILY INJURY(Per accident) S - I_--_1 AUTOS SON-O'NAJED I PROPERTY DAMAGE HIRED AUTOS AUTOS 1 j Per aacitlentt i S `UMBRELLA LIAR ( OCCUR I EACH OCCURRENCE $ _ AGGREGATE $ I EXCESS LWB CLARdS-MADE i � --- DED RETENTION S I WC�EAEIMIPLOYE OTH-' WORKERS COMPENSATION OR AND Eh1PLOYFJiS'LIABILITY ANY PROPRICTOR/PARTNER/EXECUTIVE Y� i E.L.EACOFFICERAMEMSER EXCLUDED? U N 1 A(Mandatory in NH) J(E.L.DISE 5 II{It ycs,doscabe under E,L,DISEASE•POLICY LIMIT I S I DESCRIPTION OF OPERATIONS Gelow � f ' DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if mores ace Is required) WELDING. CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED PER FORM CG2010 (7/04) . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Orange County AUTHORIZED REPRESENTATIVE PO /� ��/ PO Box 8181 /; Hillsborough, NC 27278 O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: D5D06FFD-4F06-41F3-995C-9CC783787299 POLICY NUMBER: BN9 61618 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations Of Covered Operations ORANGE COUNTY PO BOX 8181 HILLSBOROUGH NC 27278 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section li — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury", "property This insurance does not apply to"bodily injury' or damage" or "personal and advertising injury" 'property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or equip- 1. Your acts or omissions; or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed; or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 110 07 04 ©ISO Properties, Inc.,2004 Page 1 of 1 13 DocuSign Envelope ID: D5D06FFD-4F06-41F3-995C-9CC783787299 NAUTILUS INSURANCE COMPANY POLICY NUMBER: BN961618 ENDORSEMENT#-L— Named Insured: TAC WELDING LLC Agency# 3200 Endorsement Effective Date: 01/14/16 GENERAL CHANGE ENDORSEMENT IN CONSIDERATION OF A FULLY EARNED ADDITIONAL PRBHIUH OF 0100 IT IS SZR8BY UNDERSTOOD AND AGREED THAT PER PORN CO2010 (7/04) THE FOLLOWING IS ADDED AS ADDITIONAL INSURED: ORANGE COUNTY, THE INSURANCE COMPANY WITH WHICH THIS COVERAGE HAS BEEN PLACED IS NOT LICENSED BY THE STATE OF NORTH CAROLINA AND IS NOT SUBJECT TO ITS SUPERVISION. IN THE EVENT OF THE INSOLVENCY OF THE INSURANCE COMPANY, LOSSES UNDER THIS POLICY WILL NOT BE PAID BY ANY STATE INSURANCE GUARANTY OR Tax&Fee ScSQLVENCY FUND tt $ PREMIUM:E1 None 0 AP 0 RP $ 100. 00 Total Taxes&Fees$ 5 . 00 TOTAL_PREMIUM DUE$ 10 5. 0 0 All other terms and conditions remain unchanged. Date Issued: 01/14/16 Authorized Representative 690.. (p7/18) Includes copyrighted material of Insurance Services Office;Inc.,with its permission. INSURED DocuSign Envelope ID D5D06FFD-4F06-41F3-995C-9CC783787299 NED5 FOR Gan5ruc#tari S��`vrCex Aoremerr Under$SpK tded Pr'oposar € pravt 777 7 77 E Cer jficate o nsurance a td aRpiicable enuorseinent{s}provided. -- Ti T i A$Ke ment,, jTT 5 f E CONTACT tNFOR"1�TiUN{for project dates or coliecCing/ver��yingdpcumle`ntation, PA Vendor Contact Name �n. 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