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HomeMy WebLinkAbout2018-705-E AMS - BIRS DA roof repair DocuSign Envelope ID:6C9AA1DA-9581-48F7-AB65-F91F12086FE9 os [Departmental Use Only] QV TITLE DA.Roof Repair FY 18119 ORANGE COUNTY CONTRACT UNDER'$5,040,00 NORTH CAROLINA. THIS AGREEMENT,made and entered into this 18th day of October,2018, ("Effective Tate")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 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 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: District Attorneys Office-144 E Margaret Ln- temporary leak repairs installed on 813/18, open laps found, the laps were cleaned and sealed with caulk. Perminant repairs installed on 8/8. The term of this agreement rendered shall be from 10122/2018 to 12/31/2018. 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 Two Thousand Three Hundred Seventy Five, ($2,375.00). 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 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!0117(Mgr appry 5k 6118) 1 DocuSign Envelope ID:6C9AA1DA-9581-48F7-AB65-F91F12086FE9 be required by County's Risk Manager as such insurance requirements are described in the Grange 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.p,ovZdepartments/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. 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 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 County Non- Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.oraiigecountync.gQv/departments/Durchasing division/contracts.php.). Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the Dart 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 10117(Mgr appry 5k 6118) 2 DocuSign Envelope ID:6C9AA1DA-9581-48F7-AB65-F91F12086FE9 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 Agreerent,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. L+ I'Docu 7TV VID NGx �ocuSigned by: FIZ�r k'� Oacusigned by: hiu, By Deparrtment uCr ec or Title: "F'�s i a° sir 200 S.Cameron St. BIRS,Inc P.O.Box 8181 PO Box 36197 Hillsborough,NC 27278 Greensboro,NC 35197 i I i I i Revised 10117(Mgr appry 5k 6118) 3 DocuSign Envelope ID:6C9AA1 DA-9581-48F7-AB65-F91 F12086FE9 fR , Inc, RO} BOX 36197 Greensboro, N.C. 27416-6197 IMPORTANT.If f ils Invoice Is not correct In every Particular Ratify: BIAS,Inc. ASSET MANAGEMENT SERVICES REMIT TO: SOLD TO ATTN: PAUL SORRELL 131 WEST MARGARET LANE BIBS, INC . HILLSBOROUGH, NC 27278 P . O. BOX 36197 GREENSBORO, NC; 27416--6137 SHIPPED TO PHONE: ( 336) 574--3060 ROUTING PLEASE SHOW INVOICE NO. ON ALL PAYMENTS AND CORRESPONDENCE. SALES REP.NAME AND NO. CUSTOMER CODE TERMS DESCRIPTION TERMS CODE D/C SP/C TR/C CHIC NET 20 DAYS CONTRACT NO. OUST.ORDER NO, DIVISION iNV410E NUMBER INVOICE DATE 18 8/28/ I DESCRIPTION AMOUNT DISTRICT ATTORNEY ' S OFFICE $2, 553 .13 ' I INSTALLED ROOF LEAR REPAIR RECOMMENDA'T'IONS PER BIBS � 8/8/18 ESTIMATE PREPARED BY MIKE MCCLURE FOR MR . PAUL SORRELL . COST FOR REPAIRS $2,375, 00 NC SALES TAX (ORANGE ) 178. 13 TOTAL, $2, 553 . 13 IN f� i LATE CHARGES ON OVERDUE BILLS SHALL BE AT THE RATE OF 9% PER ANNUM OR MAXIMUM PERMITTED BY APPLICABLE STATE LAW WHICHEVER IS LESS. NO ANTICIPATION IS ALLOWED , i BIBS JOB 18--7352 C0311,0MI 31 DocuSign Envelope ID:6C9AA1DA-9581-48F7-AB65-F91F12086FE9 B I""IS "x he Roof avers'c Corn M- erelal & Industrial Roofing BIBS,Inc. P.O.Box 36197 Greensboro,NC 27416-6197 (336)574-3460 (336)275-118116 Fax August 8, 2018 Mr. Paul Sorrell Orange County Public Works 684 Highway 86 North Hillsborough, NC 27278 Subject: ROOF LEAKS Dear Mr. Sorrell: This is to provide you with our cast to address roof leafs 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. { Respectfully WUp f � 336-207-1942 i I 1 I I ' I 33 � l DocuSign Envelope ID:6C9AA1 DA-9581-48F7-AB65-F91 F12086FE9 ORANGE COUNTY- DIST CT ATTORNEY OFFICE ROOF LEAKS AS OF 7126/2018 _ TEMPORARYLEAK REPAIRS INSTALLED O 8/3/20189 OPEN LAPS FOUND THE LAPS WERE CLEANED AND SEALED WITH CAULK. s t 1 • I d - i i..i S t CONTINUE ON NEXT PAGE DocuSign Envelope ID:6C9AA1DA-9581-48F7-AB65-F91F12086FE9 ORANGE COUNTY- DISTMCT ATTORNEY OFFICE ROOF LEAKS AS OF 7126/2018 PERnkNENT REPAIRS UiSTA LED ON /8/20M TRIM THE LOOSE EPDM STRIPPING ALONG THE ROOF'S EDGE AND R:ESTRIP. (APPROXIMATELY 36 FT,) CLEAN AND RESTRIP FIELD LAPS. (APPROXIMATELY 4 FT.) CLEAN AND RESEAL SMALL GAPS IN METAL i 1 EDGE JOINTS. (5 EACH) CLEAN AND RESEAL LAPS IN FLASHING WHERE IT TURFS UP UNDER THE SHINGLE ROOF. (3 IJACM AREAS OF LOOSE ELASTOMERIC COATING CLEAN AND RECOAT. (2 SF.) 7. YOUR INVTSTMENT COST FOR THE ABOUT E Is.......................$2,375 . r• r NOTE; RECOMMEND AN ANNUAL ROOF INSPECTION OF TFIIS ENTIRE ROOF, j jai 3