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Home My WebLink About2018-706-E AMS - BIRS Passmore roof repair DocuSign Envelope ID:55117D09-2A8A-405C-AFED-179F6BC185EE nn os [Departmental Use Only] TITLE Passmore Roof Repair FY 18!'49 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 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 BIDS, 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: Passmore-103 Meadowland Dr-Installed roof leak repair in the gym over the piano. Resealed the drain and repaired open lap, The term of this agreement rendered shall be from 10/22/2018 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 One Thousand Four Hundred Eighty Three and Fifty,($1483.50). 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 be required by County's Risk Manager as such insurance requirements are described in the Orange County Revised 10117(Mgr appry Sk 6/18) 1 DocuSign Envelope ID:55117D09-2A8A-405C-AFED-179F6BC185EE 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 divisionlcontracts.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. Indern : 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 littp://www.orangecounlync.Zov/depai-ti-nentsipurchasipp, 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 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 10117(Mgr appry 5 k 6118) 2 DocuSign Envelope ID:55117D09-2A8A-405C-AFED-179F6BC185EE 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. ORANGE —~DocuBigned6y: PROVEDEP D.uSigneday: AFL i By' 9E88GA46CF64498... By' AF7gFC10E94048F... Department Director Title; Estimator 200 S. Cameron St. BIRS, Inc P.O.Box 8181 PO Box 36197 Hillsborough,NC 27278 Greensboro,NC 36197 I Revised I0117(Mgr appry 5k 6118) DocuSign Envelope ID:55117D09-2A8A-405C-AFED-179F6BC185EE BIRS, Inc, PCB. BOX 36197 Greensboro, N.C. 27416-6197 IMPOIFITANT:if this invoice is not correct In every particular,notify. Bins,Inc, ASSET MANAGEMENT SERVICES REMIT TO: SOLD TO ATTN: PAUL SORRELL 131 WEST MARGARET LANE BIRS, INC . HILLSBOROUGH, NC 27278 P. O. BOX 36197 GREENSBORO, NC 27416-6197 SHIPPED TO PHONE : ( 336) 574-3060 ROUTING PLEASE.SHOW INVOICE NCI.ON ALL PAYMENTS AND CORRESPONDENCE. SALES REP.NAME AND NO. CUSTOMER CODE TERMS DESCRIPTION TERMS CODE D/C SPIC TR/C CRIC NET 20 DAY'S CONTRACT NO, OUST ORDER NO, DIVISION INVOICE NUMBER INVOICE DATE 8/28/18 DESCRIPTION AMOUNT PASSMORE CENTER $1., 483 . 50 INSTALLED ROOF LEAK REPAIR RECOMMENDATIONS PER BIBS 8/8/18 ESTIMATE PREPARED BY MICE MCCLURE FOR MR. PAUL SORRELL . COST FOR REPAIRS ,$1,380.00 NC SALES TAX (ORANGE) 103. 50 TOTAL $1,433 . 50 v LA'Z'E CHARGES ON OVERDUE 'BILLS SMALL BE AT THE RATE OF 9% PER ANNUM OR MAXIMUM_ PERMITTED BY APPLICABLE STATE LAW WHICHEVER IS LESS. NO ANTICIPATION IS ALLOWED. BIRS JOB 18-7353 DocuSign Envelope ID:55117D09-2A8A-405C-AFED-179F6BC185EE BIRS IT Com nercial & Industrial Roofing BIRS,Inc. P.Q. Box 36197 Greensboro,NC 27416-6197 (336)574.3060 (336)275-08$6 Fax August 8, 2018 Mr. Paul Sorrell Orange County Public Works 600 Highway 86 North Hillsborough, NC 27278 Subject. ROOF LEAKS Dear Mr. Sorrell: This is to provide you with our cast 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. Respectfully idly c!¢e 7&0aw 336-2417-1942 i DocuSign Envelope ID:55117D09-2A8A-405C-AFED-179F6BC185EE R00F I FAK IN GYM QV &PIANQ 712512018 THIS ROOF LEAK IS IN THE GYM OVER THE PIANO. THE ORANGE ARROW POINTS TO THE PRIMARY ROOF DRAIN THAT'S S ALONG SIDE THE OVERFLOW DRAIN. : j y r THE CLAMPING RING WAS REMOVED AND RESEAL TO THE DRAIN,RING REINSTALLED. — —� -- TI:I1E ORANGE ARROW POINTS TO AN OPEN LAP IN THE MEMBRANE FOUND BETWEEN THE TWO DRAINS. REPAIRS TO THE OPEN LAP. � R YOUR 1NVCSTMENT COST FOR THIS ROOF a;. LEAK 1S .................$1,380 - 4