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Home My WebLink About2018-360-E DEAPR - Royalwood Associates ContractDocuSign Envelope ID: 00697A59 -ECC2- 4038- BD04- 6AF22BEE4A87 [Departmental Use Only] TITLE Royalwood Associates FY FY2018-19 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 27th day of July, 2018, ( "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 Royalwood Associates, Inc (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 and/or construction (hereinafter referred to collectively as "Services ") to be furnished under this Agreement are as follows: The refinishing of the Central Recreation Center Gymnasium Floor to include: screening, vacuuming, cleaning and tacing the floor prior to finish application. followed by applying one coat of Hilyar•d's Pro 50 gym finish. The term of this agreement rendered shall be from September 5, 2018 to September 10, 2018. 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 1. 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 One thousand seven hundred ninety -nine and twenty eight cents, ($1,799,28), 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 10117 (Mgr appry 5k 6118) DocuSign Envelope ID: 00697A59 -ECC2- 4038- BD04- 6AF22BEE4A87 be required by County's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Grange County Minimum Insurance Coverage Requirements (each docurnent is incorporated herein by reference and may be viewed at htti)://www.oran,gecountync.gov/departments/purchasing division contracts.php . If County's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here (if no additional insurance required mark NIA 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, Indemnity: The Provider agrees, without limitation, to defend, indemnify, and hold harmless Change 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 in carrying out Provider's duties and obligations related to the Services to be provided in this Agreement. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the patties or by the County upon written notice to the Provider. County may suspend this Agreement upon reasonable notice to 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. Modifications may be evidenced by telefacsimile signature. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Pat -ties to utilize electronic signatures and the intent of the parties to comply with Article 11A and Article 40 of North. Carolina General Statute Chapter 66. 8. Governing Law and Priority: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and 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 state and federal anti -- discrimination laws, policies, rules, and regulations and the Orange Comity Non - Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at latt p• / /www orangecoulrtync og v /departments /purchasing division /contracts.uhp.). 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 Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147 - 86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147 - 86.81, By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 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. Dispute Resolution: Neither party may initiate binding arbitration, Any disputes shall be resolved by nonbinding mediation. If such mediation fails either party may initiate litigation to resolve the dispute. Should either patty 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. [revised 10/17 (Mgr appry Sk 6118) 2 DocuSign Envelope ID: 00697A59 -ECC2- 4038- BD04- 6AF22BEE4A87 10, Non Appropriation: Provider acluiowledges 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 fiends. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORA.i\ DocuSigned by: awl gal a By: 611CFA1D507A495.. Department Director 200 S. Cameron St. P.O, Box 8181 Hillsborough, NC 27278 Revised 10117 (Mgr appry 5k 6118) PROW- - Docu5igned by: By'DF707�D64f29 Title: vice vresi pent Sales Greg Serpas, Vice President Royalwood Associates, Inc DocuSign Envelope ID: 00697A59 -ECC2- 4038- BD04- 6AF22BEE4A87 0 A4CCW" . CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDDIYYYY) 7/3012018 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 ENSURER(S)I, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy( €es) must have ADDITIONAL INSURED provisions Or 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 Marsh & McLennan Agency LLC 4740 Falls of Neuse Rd, St 190 Raleigh NC 27609 -2521 NAME: T Tammy L. Coolidge, CIC, CISR, ACSR PHONE FAX AK,1!P _E 819 719 -9861 c Mal: 212 -607 -6564 ADORF$% Tammy,Cooiidge @marshmma.com INSURE S AFFORDING COVERAGE _ NAIC # INSURERA : Selective Ins Co of the SEast 39926 INSURED ROYAL -5 Royalwood Associates, Inc. Attn: Don Eidson - CEO P. O. Box 91145 Raleigh NC 27675 -1145 INSURER B: Builders Mutual Ins. Co. 10844 INSURER C: 41112019 INSURER D: $ 1,000,000_ INSURERE: IAGL T� R PREMISES Ea oocurrems INSURER F: r`nV1= r2AGES CERTIFICATE NUMBER: 666048544 REVISION NUMBER: Y 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 RCQUIREMENT, 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 L7R TYPE OF INSURANCE AODLSUBii POUCYNUMBER MMIDDIYYYY MMIDYDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR 51931429 W112018 41112019 EACH OCCURRENCE $ 1,000,000_ IAGL T� R PREMISES Ea oocurrems $ 51 _0000 MED EXP (Any one person) $ 16,000 PERSONAL & ADV INJURY $ 1,000,000 GEVL AGGREGATE LIM IT APPLIES PER: POLICY JEC Fxl LOD OTHER: GENERAL AGGREGATE 53,000,000 PRODUCTS- COMPIOPAG_G $3.000,000 S A AUTOMOBILE LIABILITY OWNED SCHEDULED Ix ANY AUTO AUTOS ONLY AUTOS HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY 51931429 41112018 41112019 COMBINED SINGLE LIMIT Ea eWdenl S 1,OD0,000 BODILY INJURY (Per parson) S BODILY INJURY (Per accident) S PROPERTY DAMAGE Per accident 8 _ 8 A x UMBRELLALIAB EXCESSLIAS X OCCUR CLAIMS -MADE 51931429 411/2016 411=18 EACH OCCURRENCE 85,000,000 AGGREGATE 85,900,000 DED I X I RETENTIONS $ B WORKERS COMPENSATION AND EMPLOYERS' LIAnILITY ANYPROPRIETORIPARTHERIEXECUTIVE Y� OFFICERIMEMBER EXCLUDED? (Mandatory In NH) If yes, describe urder DESCRIPTION OF OPERATIONS below NIA WCF10243NOS 4 1112010 4/112019 X I STATUTE I I OERH - E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,D00,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Inland Marine 51931429 411/2018 41112019 Leased Eq 00,000 DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schadula, may be attached If more apace Is required) 4-4958 NC- Orange Co. Parks & Rec- Gym Hillsborough, NC 27278 Orange County Government Is included as additional Insured with regards to general liability as stated in the policy language with written contract prior to any loss. CERTIFICATE HOLDER UAfVf,tLLA I IV14 Orange County Government PO Box 8181 Hillsborough NC 27278 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE C} 19BU -2U15 A(;OKU LrUKI'UKA I IUIV. All rlgnts reserveO. ACORD 25 {2016)03) The ACORD name and logo are registered marks of ACORD