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HomeMy WebLinkAbout2016-681-E AMS - Pickard Roofing Company, Inc. to remove gutters for fascia board repairs DocuSign Envelope ID:8ACECC22-FA6C-4199-B37B-E8B08A81 BA4E NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 5th day of December, 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 terms of this Agreement. 1. TERM AND MAXIMUM AMOUNT PAYABLE Beginning and ending dates of contract: December 5, 2016 through December 31, 2016. The Project Commencement Date shall be December 5, 2016. Dollar Amount Not to Exceed: One Thousand Four Hundred Fifty Dollars ($1,450.00) 2. SERVICES Contractor agrees to provide the following construction services (the "Work"): Remove existing gutter on the front of the Dickson House. This gutter per inspection was not installed properly and has to be removed from the fascia board which is damaged. Fascia board to be repaired by others. Reinstall gutter once fascia board has been repaired. 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 Revised 6/16 1 DocuSign Envelope ID:8ACECC22-FA6C-4199-B37B-E8B08A81 BA4E this Agreement. Such personnel shall not be employees of or have any contractual relationship 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/departments/purchasing division/contracts.php). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here NA (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 performance 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 Revised 6/16 2 DocuSign Envelope ID:8ACECC22-FA6C-4199-B37B-E8B08A81 BA4E 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 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. Contractor shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti-discrimination laws,policies, rules, and regulations and the Orange County Anti-Discrimination Policy. Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Contractor affirms that Contractor and any subcontractors of Contractor are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Contractor certifies that Contractor has not been identified, and has not utilized the services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-86.58. This Agreement together with any amendments or modifications may be executed electronically. All Revised 6/16 3 DocuSign Envelope ID:8ACECC22-FA6C-4199-837B-E8B08A81 BA4E 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 6/16 4 DocuSign Envelope ID:8ACECC22-FA6C-4199-837B-E8B08A81 BA4E 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 By[ OocuSignetl by: (-DOCUSignetl by: l�aH,c vs(t � By e w County Manager Pickard Roofing Company Inc 200 S. Cameron St. 823 East Trinity Ave P.O. Box 8181 Durham,NC 27702 Hillsborough,NC 27278 Revised 6/16 5 DocuSign Envelope ID:8ACECC22-FA6C-4199-B37B-E8B08A81 BA4E Page 1 of 2 PIE°.°1****%1IW, ROOFING COMPANY, INC November 22, 2016 Orange County Asset Management Services Angel Barnes 131 West Margaret Lane Hillsborough,NC 27278 REF: Orange County Dickson House front porch gutter. Dear Angel, Following Jeff Spady's request to remove the gutter at the front porch of the Dickson's house due to fascia needing replacement by others, I had not included this work in my original quote as it had not been mentioned to me. In order to help in the process, I had my crew removing the said gutter yesterday thinking it would be an hour deal. Little I knew about the surprise waiting for us. As we removed the gutter, we realized the hangers were fastened to the fascia board. In order to remove the hangers, we had to remove the copper drip edge (that was not properly installed and probably prompted the fascia to be damaged) and stored and secured all of the above on the porch roof itself so nothing goes missing. We will therefore need a day to reinstall this gutter and drip edge properly. Please have an allowance of$1,450 for the above outlined work. Should you have any questions concerning this proposal,please feel free to contact me so we can discuss any items. Payment in full is due at completion of project, or as a percentage of completion every two (2) weeks, whichever comes first. Any active account that is over ten(10) days past due will accrue a late charge of.05%per day. We appreciate the opportunity of quoting on this project and look forward to working with you should we be favored with the order. DocuSign Envelope ID:8ACECC22-FA6C-4199-837B-E8B08A81 BA4E Page 2 of 2 Pickard Roofing Co. Inc. carries liability and workers compensation insurance in order to protect the customer and our company. Certificates of insurance are available upon request. Due to the nature of this work, we do not offer any warranty on this project. We offer a water tight warranty only on new roof that we sell and install. Sincerely, ;x (¢ 1eiz Frank Meunier Sheet Metal Estimator Cell # 919-407-0288 Office # 919-682-5702 frank@a,pickardroofing.com ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature Date of Acceptance DocuSign Envelope ID:8ACECC22-FA6C-4199-B37B-E8B08A81 BA4E ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11/17/2016 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 PHONE (910)455-7576 FAX (910)455-7481 (A/C,No,Ext): (A/C,No): 827 Gum Branch Road E-MAIL rou certs @sia ADDRESS:certs@siagroup.com 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 INSURERF: 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) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100,000 A CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ CL90644169 1/1/2016 1/1/2017 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X 7.8_, LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: Property damage-single limit $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED AUTOS AUTOS AU90644169 1/1/2016 1/1/2017 BODILYINJURY(Peraccident) $ NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) Uninsured motorist combined $ 1,000,000 X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAR CLAIMS-MADE AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 UL90644169 1/1/2016 1/1/2017 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (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/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is listed as Additional Insured for general liability, as per written contract. 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 r7m4m i