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Home My WebLink About2018-695-E AMS - BIRS SHSC roof DocuSign Envelope ID:3E240EC7-E4F0-4989-8D50-D6C95F8F9E28 [Departmental Use Only] os TITLE SHS Roof Repair FY 18119 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT,made and entered into this 18th day of October,2018, ("Effective Date")by and between Change 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 BIBS, 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 Agreements 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: Southern Human Services-2501 Homestead Rd Chapel Dill-Installed roof leak repair recommendations per SIRS 818 The term of this agreement rendered shall be from 10/2212018 to 1213112018. 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'PERMS 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 Two Thousand Four Hundred Forty Five and Sixy Three, ($2445.63). 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 s 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. j i 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability i 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 10117(Mgr appry A 5118) 1 DocuSign Envelope ID:3E240EC7-E4F0-4989-8D50-D6C95F8F9E28 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. h ). 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. Indemni : The provider agrees,without limitation, 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 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 parties 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 Parties to utilize electronic signatures and the intent of the parties to comply with Article l IA 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 County Non- Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http:ll w�vw.orangecotintync.novldepartmentslpurchasing division/contracts.pht�.}. 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 party 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(1vlgr appry 51:6/18) 2 DocuSign Envelope ID:3E240EC7-E4F0-4989-8D50-D6C95F8F9E28 10. 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 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 funds. IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the day first written above.. I-o c 5 gne` ORANGF d by: PROVIr=D..signed by By. 9E88CA4BCF64498... By AF79FC10E94048F D ... epartment 1Jlrector Title: Estimator 200 S. Cameron St. BIRS, Inc P.O. Box 8181 PO Box 36197 Hillsborough,NC 27278 Greensboro,NC 36197 i Revised 10117(Mgr appry Sk 6118) I DocuSign Envelope ID:3E240EC7-E4F0-4989-8D50-D6C95F8F9E28 IR , Inc. P.O. BOX 36197 Greensboro, N.C. 27416-6197 IMPORTANT If this Involco Is not correct In every particular,nollty: BIWS,Inc. ASSET MANAGEMENT SERVICES REMIT TO: SOLDTO ATTN: PAT, SORRELL 131 WEST MARGARET LANE BIBS, INC. HILLSBOROUGH, NC 27278 P. O. BOX 36197 GREENSBORO, NC 27416-6197 SHIPPED TO PHONE: ( 336) 574-3064 ROUTING PLEASE SHOW INVOICE NO.ON ALL PAYMENTS AND CORRESPONDENCE. SALES RER NAME AND NO. I CUSTOMER CODE TERMS DESCRIPTION TERMS CODE D/C SP/C TR/C CR/C NET 20 DAYS CONTRACT NO. GUST.ORDER NO, DIVISION INVOICE NUMBER INVOICE DATE 8/28/18 DESCRIPTION AMOUNT 0 EYI�1+i RE C R TER $2, 445 . 63 INSTALLED ROOF LEAX REPAIR RECOMMENDATIONS PER BIBS 8/8/18 ESTIMATE PREPARED BY MIKE MCCLURE FOR MR, PAUL SORRELL . COST FOR REPAIRS $2,275.00 NC SALES TAX (ORANGE ) 170 .63 TOTAL $2, 445 . 63 7 � LATE CHARGES ON OVERDUE BILLS SHALL BE AT THE RATE OF I 9% PER ANNUM OR MAXIMUM PERMITTED BY APPLICABLE STATE LAW WHICHEVER IS LESS . NO ANTICIPATION IS ALLOWED. t l l { SIRS JOB 15-6410 { I DocuSign Envelope ID:3E240EC7-E4F0-4989-8D50-D6C95F8F9E28 BIRS "The Roof Savers`, Commercial & Industrial Roofing BIKS,Inc. P.O. Box 36197 Greensboro,NC 27416-6197 (336)574-3060 (336)275-05136 Fax August 8, 2018 Mr. Paul Sorrell Orange County Public Works 608 Highway 86 North Hillsborough, NC 27278 Subject: ROOF LEAKS Hear Mr. Sorrell: This is to provide you with our cost to address roof leaks at the following facilities: Orange County District Attorney's Office, Passmore Senior Services Center and the Seymour Center.Attached are photos and repairs along with your investment cost. If you have any questions, or if we can be of further service, please feel free to give me a call. f Respectfully 336.207-1942 is I i a I 7 1. DocuSign Envelope ID:3E240EC7-E4F0-4989-8D50-D6C95F8F9E28 4 ORANGE COUNTY.- SEYM ]T CENTER 81912418 ROOF LEAK IN ROOM #12 SERVICES DIREC'T'OR -- LEAKS IN ROOM#I2 p_ LEAKS S l .e `I F LEADS DOWN BACK WALL. - i LEAKS fN MID DOOM, I' CONTINUE ON NEXT PAGE i ■• ! - •!- ■ it 1 i•'• :■ 1 ■• ._� �. .gyp ,. i i i ! i ■ k _•�` kl . 9: — a " IL vr 4a! ,'J`,tj4 t,Fi�1 IF t :�gis��,, � ins ,��1�-`.�` �"�fi��3'"'.: ! ■ a it r " ' i i r ! i 4 �3�F+i ::ite��•y��i � �r,�,f ,4WD `'� �rfia DocuSign Envelope ID:3E240EC7-E4F0-4989-8D50-D6C95F8F9E28 GATE{MMIDDIYYYYI � CERTIFICATE OF LIABILITY INSURANCE 10/4/2018 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(les)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 endersement(s). PRODUCER CONTACT NAME: Lynne Meyer,CIC,CPIW,A_INS Marsh&McLennan Agency LLC pHOHa E .336-346-1302 FiaAX Not:336-34fi-1397 f,VC 3625 North Elm St E-MAIL Greensboro NC 27455 ADDRESS: Lynne.Meyer@u marshmma,com INSURER(S)AFFORDING COVERAGE _ NAIC# INSURER A:Builders Premier Insurance Corn pa n y 13036 INSURED BIRSI-2 INSURERS:Columbia Casualty Company 31127 SIRS, Inc. Mr.Raven Broeker INSURER C:Builders Mutual Insurance Company 10844-_ PO Box 36197 INSURER D Greensboro NG 27416-6197 INSURER E: -- INSURER r: COVERAGES CERTIFICATE NUMBER:1625434416 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN 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. ILTR TYPE OF INSURANCE ADUL SUER ------ --ODOM-Y Er-F POLICY EX INSD WVD POLICYNUM13ER 1MMfDDfyYYY1 IMMIDDIYYYY) LIMITS _ A X COMMERCIALGENERALLIABILITY PCPDO03632 51V20-i8 512019 EACH OCCURRENCE $1,000,000 CLAIMS-MADE ®OCCUR D MIGETO TE❑ PRESES(Ea oocurrencal _ _$_100,000 MED EXP Any One Germ) $5,600 PERSONAL&ADV INJURY $1,000,000 GEN1-AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,1100,000 POLICY u jE� P RO_DU_CTS-COMP/OP AGG $2.000,000 OTHER: u LOG f $ A AUTOMOBILE LIABILITY PCA0018423 51112018 511r2019 COMBINEDSINGLELIMIT $1,ODO.Wo iEa rcldenl ANY AUTO BODILY INJURY(Par parson) S OWNED SCHEDULED AUTOS ONLY AUTOS 6GplLY INJURY(Per arclden!) $ x HIRED X NON-OWNED PRaPE RTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per aceldent I Com oil Ded $1,000f1,000 C X UMBRELLALIAB X OCCUR MU130001286 SIV2018 51112019 EACH OCC ORR ENCE $5,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE 3 5,000,000 OED I X RETENTIONS S E A WORKERS COMPENSATION PWC100020008 51"12018 51"1"12019 X PER AND EMPLOYERS'LIABILITY YIN STATUTE ER _ ANYPROPRIETMPARTNERIEXECUTIVE F--1 E.L.EACH ACCIDENT S 1,000.00D OFFICERWEMBER EXCLUDED? NIA —--- - --- {Mandatary in NHI E.L.DISEAASE-EA EMPLOYEE $1,000,00D If yes,describe under DESCRIPTION OF OPERATIONS hetow E.L.DISEASE-POLICY LIMIT $1,DDO,00fl A Rental E ulpment ` PCPODDM32 5IU2018 5!12019 160,000 B E&OIPa�lullaa CE0501855096 5/112016 U1C2D19 1,00D,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 1O"1,AddRIGnal Remarks Schedule,may be attached If more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Orange County PO Box 85181 At1,TORIZED REPRESENTATIVE, iiiilsharDUgh NC 2727'8 ]J'1 C7 1988.2015 ACORD CORPORATION, All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD