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HomeMy WebLinkAbout2017-735-E AMS - Willie Newton WCOB door DocuSign Envelope ID: 167D3F94-AAC8-4BA4-B5EE-48724F55D42E [departmental Use Only] TITLE WCOB Door FY 2017/20/8 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 14th day of August,2017, ("Effective Date") by and between Orange County, forth Carolina, a political subdivision of the State of North Carolina, (the "County"),party of the first part;and'Willie R.Newton(the"Provider"),party of the second part; W ITNESSETM 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: West Campus Facility-Remove existing frame and doors, provide and install new frame with sidelights,provide and hang new door, provide and install new hardware, provide and install glazing in sidelights. The term of this agreement rendered shall be from 8/28/2017 to 10/02/2017. 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. Paymen#: 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 Two Thousand Four Hundred Eighty Three, ($2,483.00). 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 Contra_ctnr. 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 be required by County's Risk Manager as such insurance requirements are described in the Orange County Revised 2/17 1 DocuSign Envelope ID: 167D3F94-AAC8-4BA4-B5EE-48724F55D42E Risk Transfer Policy and Change County Minimum insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http;l/'www.orangecountync.gov{departments/purchasini� division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of (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. 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, its agents, or assigns directly or indirectly related to the Services to be performed pursuant to this Agreement 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. County may suspend this Agreement upon reasonable 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 consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article 11 A and Article 40 of North Carolina General Statute Chapter 66. 9. Priority: In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms of this Agreement 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. 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 Grange County Non-Discrimination Policy and Grange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at b tp://www.oran eo�yne.gov/departmcnts/purchasing division/contracts.plzp.). 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 affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider 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. 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 Revised 2/17 2 DocuSign Envelope ID: 167D3F94-AAC8-4BA4-B5EE-48724F55D42E mandate,In the event that public hinds 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] I I Revised 2/17 3 DocuSign Envelope ID: 167D3F94-AAC8-4BA4-B5EE-48724F55D42E IN WITNESS WHEREOF,County and the Provider have signed this Agreement,effective as of the day first written above. ORA`" ') u"rtirocuSigned3�by:srrtr PR©VILD TDocuSigned by: D 66 A. t Y SCU� �t L W�bin By.—If ©637994B755E477... By: 8937FD73033B401... County manager Title: owner 200 S.Cameron St. Willie R.Newton P.O.Box 8181 403 Grady Road Hillsborough,NC 27278 Cameron,NC 28326 i Revised 2117 , DocuSign Envelope ID: 167D3F94-AAC8-4BA4-B5EE-48724F55D42E Willie R Newton 403 Grady Road Cameron N C 28326 completein!itallations@embarqmail.com PROPOSAL: Date:8/7/17 Project: 131 West Margaret Location:Orange County NC Plans Dated: N/A Architect:N/A Addenda:N/A Attention Paul Sorrel Description: Remove existing frame and doors. Provide and Install new frame with sidelights. Provide and Hang new door. Provide and Install new hardware. Provide and Install glazing in sidelights. TOTAL $2,483.00 Exclusions t includes disposal of o#d doors and frame as directed by owner Conditions:, �1 -This proposal Is valid for a period of 30 days from date of proposal. Upon awarding this Subcontract,this proposal shall become a binding �l part of that subcontract in its entirety. t a � I/ Respectfully submitted, Willie Newton {9101—690-0944 _ I DocuSign Envelope ID: 167D3F94-AAC8-4BA4-B5EE-48724F55D42E Bill To Requisition 00097585-00 FY 2018 ASSET MANAGEMENT ORANGE COUNTY Acct No: PO BOAC 8181 10 -20-240-2403-20-00-570001- HILLSBOROUGH, NC Review: 27278 Buyer: dcannell Status: Allocated Page 1 Vendor Ship To WILLIE R NEWTON ASSET MANAGEMENT 403 GRADY ROAD ORANGE COUNTY 131 W MARGARET LANE, STE 301 HILLSBOROUGH, NC 27278 CAMERON, NC 28326 ACOOPER@ORANGECOUNTYNC.GOV Delivery Reference PAUL SORRELL 919-245-2625 Date Vendor Date ( I Ship Ordered Number Required Via Terms Department 08/10/17 1064689 1 1 12400 ASSET MANAGEMENT SERVI IN Description / Account Qty Unit Price Net Price General Notes CONFIRMING P.O. - DO NOT DUPLICATE ORDER ALREADY PLACED BY DEPARTMENT 001 WILLIE NEWTON PROPOSAL FOR WEST 1.00 2483.00000 2483 .00 CAMPUS OFFICE BUILDING- REMOVE EACH EXISTING FRAME AND DOORS, PROVIDE AND INSTALL NEW FRAME WITH SIDELIGHTS, PROVIDE AND HANG NEW DOOR, PROVIDE AND INSTALL NEW HARDWARE, PROVIDE AND INSTALL GLAZING IN SIDELIGHTS. 1 10 -20-240-2403-20-00-570001- 2483 .00 Ship To ASSET MANAGEMENT ORANGE COUNTY 131 W MARGARET LANE, STE 301 HILLSSOROUGH, NC 27278 Delivery Reference PAUL SURELL 919-245-2625 Recrui.szt-- aon Link Requisition Total. 2483. 00 ***** General Ledger Summary Section ***** Account Amount. Remaining Budget 10 -20-240--2403-20-00-570001- DocuSign Envelope ID: 167D3F94-AAC8-4BA4-B5EE-48724F55D42E NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY, INC. CERTIFICATE OF LIABILITY INSURANCE 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 pollcy(les)must he endorsed.If SUBROGATION IS WAIVED,subject to the terms and condltlons of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the cerflf7cate holder In lieu of such endomernent(s). INSURED WILLIE RICKY NEVVFON CERTIFICATE ORANGE COUNTY NAME AND 403 GRADY ROAD HOLDER PO BOX 8181 ADDRESS CAMERON,NC 28326 HILLSBOROUGH,NC 27278 COVERAGES 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 I3Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIM17S SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. x TYPE OF INSURANCE A0151.51,1911 POLICY HUMMER POLICY EFP MPfH-lCY E11P LIMITS COMMERCIAL GENERAL LIABILITY GL 0525213 12/21/2016 1212112017 GENERALAGGREGATE $2 00D 000 -OCCURRENCE AAGGRREGGATTEeoIvIPacsPs $2,000,000 GEN'L AGGREGATE APPLIES PER POLICY PERSONAL A AOV INJURY $1 000 000 EACHOCCURRENCE $1,000,000 DAMAGE TO RENTED $100,000 . sliS_cea MED EXP(Any one pmon3 $5,000 BUSINESSOWNERS EACHOCCURRENCE $ AGGREGATE $ I C40MBINED SINGLE LIMIT $ l AUTOMOBILE LIABILITY (Each accldenl) SCHEDULEDAUTOS APM 4008513 8118l2017 2/1812018 BODILY INJURY(Per persan) $100,000 HIRED AUTOS BODILY INJURY(For wdow) $300,000 NON-OWNED AUTOS PROPERTYDAMAGE $250,000 Per acddenl ®'GARAGE LIABILITY (Other) D EXCESS LIABILITY-- EACH OCCURRENCE $ OCCURRENCE AGGREGATE $ VXUATUTORYL1mn-s .n, WORKERS COMPENSATION N1A AND EMPLOYERS!LIABILITY WC 0254248 12/21/2016 12/21/2017 E.L.eAeI1 ACCIDENT $100,000 E.L.DISEASE-EAEMPLOYEE $100,000 PCILIDYAPPLiESTO THE WORKERS COMPENSATION LAW&N"rHESTATE OF NC EL.DISEA$E-POLICY LIMIT $5Q0,000 OTHER: DESCRIPTION OF OPERATIONS!LOCATIONS 1 VEHICLES: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED AUTHORIZED REPRESENTATIVE I3EFORETHE EXPIRATION DATE THEREOF,NOTICE WILL BE LINDAD.MARE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. DATE 8/10/2017 i COI 0910