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HomeMy WebLinkAbout2018-004-E AMS - BIRS Whitted repairDocuSign Envelope ID: 35C3F1DF- FF21- 4D08- 9BF4- 47BAE013F645 NORTH CAROLINA ORANGE COUNTY CONSTRUCTION SERVICES AGREEMENT UNDER $50,000 THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement "), is made and entered into this 2nd day of January, 2018 by and between Orange County, North Carolina (hereinafter the "Owner ") party of the first part; and BIRS (hereinafter the "Contractor "), party of the second per; 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: January 2, 2018 through June 30, 2018. The Project Commencement Date shall be January 2, 2018. Dollar Amount Not to Exceed: Three Thousand One Hunded Dollars ($3,100.00) 2. SERVICES Contractor agrees to provide the following construction services (the "Work"): Repair blisters on Building A & B of the Whitted Buildings per proposal dated December 5, 2017. 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 with the Owner. All personnel engaged in work under this Agreement shall be fully qualified Revised 10/17 1 DocuSign Envelope ID: 35C3F1DF- FF21- 4D08- 9BF4- 47BAE013F645 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 (3 0) 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. 7. INDEMNIFICATION Contractor agrees, without limitation, 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 resulting in property damage or personal injury, including death, or other loss 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 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 10/17 2 DocuSign Envelope ID: 35C3F1DF- FF21- 4D08- 9BF4- 47BAE013F645 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. 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 non - discrimination laws, policies, rules, and regulations and the Orange County Non - Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http; // oran ecoon c, ov /de entslp chasing division/contracts.php). Any violation of the Orange County Non - Discrimination Policy 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 identified, on the lists created by the State Treasurer pursuant to G.S. 147 -86.58 and G.S. 147 - 86.81. This Agreement Revised 10/17 3 DocuSign Envelope ID: 35C3F1DF- FF21- 4D08- 9BF4- 47BAE013F645 together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and intent of the Parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. [SIGNATURE PAGE TO FOLLOW] Revised 10/17 4 DocuSign Envelope ID: 35C3F1DF- FF21- 4D08- 9BF4- 47BAE013F645 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 g— e,: B b � ' RAA";ukt� 1/2/2018 B 12/23/2017 County Manager BIRS 200 S. Cameron St. 207 Robbins St P.O. Box 8181 Greensboro Hillsborough, NC 27278 NC, 27416 Revised 10/17 5 DocuSign Envelope ID: 35C3F1DF- FF21- 4D08- 9BF4- 47BAE013F645 BIRS n "The Roof Savers... Commercial & Industrial Roofing Deecmber 5, 2017 Ms. Angel Barnes Capital Projects Manager ❑raflgC Collllty Subject: orange County — Whittecl Building Conlplex Dear Ms. Barnes: Thank you for allowing BIBS, Inc. to offer ollr price to locate and repair the roof nlemhralle where bIisters have formed on top of the Whitted Building Complex Roofs A and B, located on 300 W Tryon St. Hillsborough, NC. B1RS will provide labor and material to perform the below scope of work. - Repair blisters on Building A and B that are on or near the laps. Small blisters that are in the middle of the membrane sheets are not in Heed of repairs at this time. - There are approximately 15 total blisters olt Building A, and 30 total blisters on Building B. Most are near laps and in need of repair. Total cost for the above scope of work is ............ ............................... $ 3,100 If you have any questions, or if we can be of filrther service, please feel free to give me a call. RespWfuJV3 Matth�.W I'rQ1 cyt✓ DocuSign Envelope ID: 35C3F1DF- FF21- 4D08- 9BF4- 47BAE013F645 Whitted Building Complex Ln ••, 12 -5 -17 Blister that needs to be repaired Blisters that have formed on the lap that need to be repaired DocuSign Envelope ID: 35C3F1DF- FF21- 4D08- 9BF4- 47BAE013F645 Whitted Building Complex 12-5 -17 Area of roof that is in need of being repaired Example of blisters that are not in need of repair at this time DocuSign Envelope ID: 35C3F1DF- FF21- 4D08- 9BF4- 47BAE013F645 BIRSI -2 OP ID: LE ACOROy CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD /YYYY) 04/25/2017 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 Senn Dunn - GSO 3625 N. Elm St. Greensboro, NC 27455 NAME: Lynne A Meyer, CIC, CPIW. AINS PHONE FAX A/c No, : 336- 346 -1302 ac, No :336- 346 -1397 E- MAIL ADDRESS: lmeyer@marshmma.com David R. Clem C1071978219 0510112017 0510112018 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: National Fire Ins Co of Htfd —AMAGE —TO PREM SES Ea occur ence $ 100,00 INSURED BIRS, Inc. INSURER 8: Continental Casualty Company 20443 Mr. Raven Broeker PO Box 36197 Greensboro, NC 27416 -6197 INSURER C: Transportation Insurance Co. 20494 INSURER D: Builders Premier Insurance Co. 13036 INSURER E: Columbia Casualty Company 31127 PRODUCTS - COMP /OP AGG 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 LTR TYPE OF INSURANCE ADDL IN SD SUBR WVD POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ® OCCUR C1071978219 0510112017 0510112018 EACH OCCURRENCE $ 1,000,00 —AMAGE —TO PREM SES Ea occur ence $ 100,00 MED EXP (Any one person) $ 5,00 X PERSONAL & ADV INJURY $ 1,000,00 GENT AGGREGATE LIMIT APPLIES PER: POLICY ® PRO- JECT EI LOC OTHER: GENERAL AGGREGATE $ 2,000,00 PRODUCTS - COMP /OP AGG $ 2,000,00 $ C AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED X HIRED AUTOS X AUTOS 01071978222 0510112017 05/0112018 COMBINED SINGLE LIMIT Ea accident $ 1 000 00 , , BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROP cc ER DAMAGE Per a id $ Comp /Coll Ded $ 1,000 /1,00 B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE C1071978253 0510112017 05/01/2018 EACH OCCURRENCE $ 5,000,00 AGGREGATE $ 5,000,00 DED I X I RETENTION $ 0 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE YI OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A PWC10002907 05/01/2017 05101/2018 X P ER OTH- STATUTE ER E.L. EACH ACCIDENT $ 500,00 E.L. DISEASE - EA EMPLOYEE $ 500,00 E.L. DISEASE - POLICY LIMIT 1 $ 500,00 B E Rental Equipment E & O /Pollution C1071978219 CE05091855996 05/0112017 05101/2017 05/01/2018 05/01/2018 Limit 160,00 Limit 1,000,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION ORANINS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 AUTHORIZED REPRESENTATIVE Hillsborough, NC 27278 ACORD 25 (2014/01) ©1988 -2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD