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HomeMy WebLinkAbout2016-316-E AMS - Pickard Roofing Co., Inc. for historic courthouse roof-gutter repairs DocuSign Envelope ID:693B03F5-75D8-4B13-9FF9-25BE7951 COCF NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 10 day of June, 2016 by and between Orange County, North Carolina (hereinafter the "Owner") party of the first part; and Pickard Roofing Company 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 tenns of this Agreement. 1. TERM AND MAXIMUM AMOUNT PAYABLE Beginning and ending dates of contract: June 10, 2016 through December 31, 2016. The Project Commencement Date shall be June 10, 2016. Dollar Amount Not to Exceed: Fifteen Thousand Eight Hundred Fifty-Eight Dollars. ($15,858.00) 2. SERVICES Contractor agrees to provide the following construction services (the "Work"): Provide labor and materials for roof and gutter repair to the Historic Courthouse per attached proposal titled: Orange Co. Old Court House -Roof& Gutter Repairs, dated June 3, 2016 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. 3. 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. 4. RELATIONSHIP OF PARTIES 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 Revised 1/16 1 DocuSign Envelope ID:693B03F5-75D8-4B13-9FF9-25BE7951 COCF 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. 5. SUSPENSION AND 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. Owner may suspend the Work at any time for Owner's convenience and without penalty to Owner upon three (3) days' notice to Contractor. Upon any suspension by Owner Contractor shall discontinue the Work and shall not resume the Work until notified to proceed by Owner. The notice required by this section or any other 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. Such notice is deemed given upon its delivery to, or deposit in a receptacle of, the United States Post Office. 6. 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 http://www.orangecountync.gov/depart vents/pur chasing_division/contracts.php). 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. 7. 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 perfoimance 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. 8. 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. 9. NON—APPROPRIATION 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 Revised 1/16 2 DocuSign Envelope ID:693B03F5-75D8-4B13-9FF9-25BE7951 COCF 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. 10. DISPUTE RESOLUTION Any dispute with respect to any provision of, or the performance or non-performance of, this Agreement shall be subject to the Dispute Resolution Rules and Procedures for Orange County Design, Building Construction, Renovation, and Repair Projects which rules and procedures are incorporated herein. 11. 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. 12. 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. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 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. [SIGNATURE PAGE TO FOLLOW] Revised 1/16 3 DocuSign Envelope ID:693B03F5-75D8-4B13-9FF9-25BE7951 COCF 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 i—UOCUSignetl by: i—UO<u5ignetl by: By t560,1n,it,h)itA tALUI By i.t.s Paavd,III County Manager James E. Pickard, III 200 S. Cameron St. 823 E. Trinity Ave. P.O. Box 8181 Durham,NC 27702 Hillsborough,NC 27278 Revised 1/16 4 DocuSign Envelope ID:693B03F5-75D8-4B13-9FF9-25BE7951 COCF plCkAkb ROOFING COMPANY, INC June 3, 2016 Jeff Spady 5th Wall Diagnostics Consultants Raleigh, NC Re: Old Orange County Courthouse ® Gutter Repairs Jeff, Pickard Roofing has made a visual inspection from the ground regarding the existing 6" half-round gutters (2 — 80 ft. runs) supported on Berger Bros. shanks and circles. It appears that in some areas the gutter is sagging probably due to past snow slides. Providing that the fascia boards are still in reasonably good condition we propose to un- clip the gutter, raise and tie it off, straighten the bent shanks and circles, set the gutter back in place and re-clip. This operation will be done in short sections so the grading may not be perfect but will be the best we can do without removing the entire gutter at once. The gutter will be accessed using a 60ft. JLG man lift which we will place on 3/4" plywood to reduce the chance of damages to sidewalks and grass areas. We plan to use a 3 man crew (1 man to drive the lift while 2 men will move the plywood ahead of the lift as it moves). This will allow one man to remain on the ground to keep safety warning lines in place and to keep pedestrians away from the work area. We have allowed 2 weeks (10 work days) but this is probably longer than it will take unless we run into damaged wood or other problems. Our estimate will be a "not to exceed" price and work will be performed at our usual "T&M" rate. Some allowance for damaged shanks and circles (up to 15) has been included but we may need to substitute galvanized steel in place of terne coat stainless steel if indeed that is what is in place. Our outline of cost is as follows: -Waiver of Subrogation $250.00 -JLG delivery and return from our yard $350.00 -10 days JLG rental and fuel ($100 per day) $1,000.00 -Materials (including 10 shts. Plywood) $1,508.00 -Labor (3 man crew X 10 days) $12,750.00 TOTAL $15,858.00 DocuSign Envelope ID:693B03F5-75D8-4B13-9FF9-25BE7951 COCF Page 2 As stated above, this is a "not to exceed" price unless we encounter unforeseen problems such as an excess of damaged wood or some other complication. While on the lift we will assist in inspecting the roof in place and the steeple. Payment in full is due at completion of project. Any active account that is over ten (10) days past due will accrue a late charge of .05% per day. Should you have any questions concerning this proposal please contact me and we can discuss any items. We appreciate the opportunity of quoting on this project and look forward to working with you if favored with your order. Sincerely, James E. Pickard, III President Pickard Roofing Company, Inc. (919) 682-5702 Telephone (919) 632-2201 Cell (919) 682-1144 Fax DocuSign Envelope ID:693B03F5-75D8-4B13-9FF9-25BE7951 COCF Ac®?Lt CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 4/14/2016 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 Kate Ewald NAME: SIA Group Inc (A/c°.No.Exfl; (910)455-7576 A/C,No): (910)455-7481 827 Gum Branch Road E-MAIL certs @sia rou com ADDRESS: g p' INSURER(S)AFFORDING COVERAGE NAIC# Jacksonville NC 28540 INSURERA:PA National Mutual Cas Ins Co 14990 INSURED INSURER B: Pickard Roofing Co. , Inc. INSURER C: PO Box 76 INSURER D INSURER E: Durham NC 27702 INSURER F COVERAGES CERTIFICATE NUMBER:CL15123007070 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) IMM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO A CLAIMS-MADE X OCCUR PREMISES(a occurrence) $ 100,000 CL90644169 1/1/2016 1/1/2017 MED EXP(Any one person) $ 5,000 PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X 78: LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: Property damage-single limit $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A X ANY AUTO BODILY INJURY(Per person) $ — ALL OWNED SCHEDULED AU90644169 1/1/2016 1/1/2017 BODILY INJURY(Per accident) $ AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) Uninsured motorist combined $ 1,000,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 UL90644169 1/1/2016 1/1/2017 $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y/N PER T STATUTE ERH ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Leased/Rented Equipment CL90644169 1/1/2016 1/1/2017 Per item 250,000 Maximum Limit 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: Old Court House - Hillsborough CERTIFICATE HOLDER CANCELLATION jeff @5thwallbdc.com SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County NC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 8181 ACCORDANCE WITH THE POLICY PROVISIONS. - Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE Diana Evans/SUSANS =,; . ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(7014(11 DocuSign Envelope ID:693B03F5-75D8-4B13-9FF9-25BE7951 COCF , PICKROO-01 CSHUMPERT ',C4C) EY CERTIFICATE OF LIABILITY INSURANCE DATE(MMNDIYr/VI 61312016 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 Cindy Shum Davis-Garvin Agency,Inc.-SC PHONE 3 pert Ax One Fernandina Court (NC.No,Sul).(803)732-6331 rA C,No):(803)407-5400 Columbia,SC 29212 A-MAIE Cshum ert ADDRESS: p @davisgarv(n.com _ INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:Carolinas Roofing&Sheet Metal Contractors SIF 20006 INSURED INSURER S: Pickard Roofing Company,Inc. INSURER C: 825 E Trinity Ave INSURER D: Durham,NC 27704 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 ADDL SUER POLICY EFpF POLICY EXP INSD WVD POLICY NUMBER IMMIDDPCIT(I_(MM/DD(YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO REN tED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ _ GE 'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ O- POLICY EC I 1 WC PRODUCTS-COMP/OPAGO $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) _ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED — SCHEDULED BODILY INJURY Per accident $ AUTOS _AUTOS ( I HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE' $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X PEATUTE EOTy AND EMPLOYERS'LIABILITY A ANY PROPRIETORIPARTNER/EXECUTIVE Y./NN NIA X CRS0000057 01/01/2016 01101/2017 EL.EACH $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory lnNH) E.L.DISEASE,EA EMPLOYEE $ 1,000,000 If yes,describe under '' DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 ff i • DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES(ACORO 101,Additional Remarks Schedule,may he attached It more space is required) Job: Old Court House-Hillsborough 1 i I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE I Orange County NC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange nge County ACCORDANCE WITH THE POLICY PROVISIONS- Hilisborough,NC 27278 AUTHORIZED REPRESENTATIVE ZZ--' 19----- r I I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:693B03F5-75D8-4B13-9FF9-25BE7951 COCF WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY This endorsement, effective 6/3/16 at 12:0AM,Eastern Standard Time, forms a part of Policy No: CRS0000057 of Carolinas Roofing&Sheet Metal Contractors Self Insurers Fund Issued to: Pickard Roofing Company,Inc. Effective: 01-01-2016 to 01-01-2017 PO Box 76 Durham,NC 27702 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 00 0313 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement will not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE Certificate Holder: Orange County NC PO Box 8181 • Hillsborough,NC 27278 Project: Old Orange County Court House This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Ckii\A4, „, \•t; et•I_1 • -‹ L: ( . -„,(A Authorized Repr;esenta (Ed. 4-84) Copyright, 1983 National Council on Compensation Insurance •