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Home My WebLink About2018-785-E AMS - Summit Engineering Magistrate office floor DocuSign Envelope ID:77ADDCE7-37BO-477F-A416-OC80FDF64CA2 [Departmental Use Only] os TITLE Magistrate Floor Repair FY 18119 ORANGE COUNTY CONTRAS T UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 28th day of November, 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 Summit Design& Engineering Services PLLC(the "Provider"), party of the second Dart; 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: Magistrates Office-125 Court St- Floor repair from Termites-Professional Servvices by Lead Structural Engineer. The term of this agreement rendered shall be from 11/30/2018 to 12/3112018. 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, not 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 Seven Hundred Forty Two and Fifty, ($742.50). 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 10/17(Mgr appry A 6/18) 1 DocuSign Envelope ID:77ADDCE7-37BO-477F-A416-OC80FDF64CA2 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http:]fwww.orangecountync.gov/departments/purchasing diyisionlcontracts.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. C. 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 Signature s: 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 1 lA 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 httpllwww.orangecounlyne.govldepailmeiitslpureliasing_divisiotifcontracts.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 5k 6118) 2 DocuSign Envelope ID:77ADDCE7-37BO-477F-A416-OC80FDF64CA2 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. ORANrr irnrTNTV PRO=D123EE422 ' —rgned by: Docu Signed pby'. I y. OAK818128364B4... y. ... Depa,talu"tuuUULUJL Title: president 200 S.Cameron St. Summit Design&Engineering Services PLLC P.O. Box 8181 504 Meadowland Dr Hillsborough,NC 27278 Hillsborough,NC 27278 i 1 Revised 10/17(Mgr appry A 6/18) DocuSign Envelope ID:77ADDCE7-37BO-477F-A416-OC80FDF64CA2 SUMMIT DESIGN&ENGINEERING SERVICES PLLC 504 Meadowland Drive Hillsborough,NC 27278 919-732-3883 November 15,2018 Project No: 18-0398A00 Invoice No: 20524 Angel Barnes Capital Projects Manager Orange County Asset Management PO Box 8181 Hillsborough,NC 27278 Project 18-0398.400 125 Court St.F€Repair Professional Services from November 1,2018 to November 30,2018, Professional Personnel Hours Rate Amount Lead Structural Engineer Berg,Carl 41912018 2.50 165.00 412.50 Berg,Carl 5/7/2018 2.00 165.00 330.00 Totals 4.50 742.50 Total Labor 742.50 Total this Invoice $742.50 All checks should be made payable to Summit Design&Engineering Services,PLLC and mailed to 504 Meadowland Drive, Hillsborough,I+IC 27278 WE NOW ACCEPT AMERICAN EXPRESS,MASTERCARD,VISA,AND DISCOVER.TO MAKE A PAYMENT BY CHARGE CARD PLEASE CALL 919- 732-3883. I I Z V 20 'Ls THANK YOU FOR YOUR BUSINESS.PAYMENTS ARE DUE UPON RECEIPT.PLEASE REFERENCE INvuj.,-NUMBER ON CHECK. DocuSign Envelope ID:77ADDCE7-37BO-477F-A416-OC80FDF64CA2 DocuSign Envelope ID.79821BOE-AFAB-41355-8DIIC-1393131ICD361 ��^'�I DATE(MMMDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 12118,2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:. If the certificate holder is an ADDITIONAL INSURED,the policy(iss)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement($). PRODUCER A Crystal Ireland NAME; Business Insurers of Carolinas HONE ext: (919)968-4611 Aid TIo a (919)968-$991 800 FastoWne Drive,Suite 208 ADDRESS, cireland@business-insurers.com PO Box 2536 INSURER($)AFFORDING COVERAGE NAIC N Chapel Hill NC 27615-2536 INSURERA; Travelers Indeminity Company 25658 INSURED INSURER s: Phoenix Insurance Company 25623 Summit Design and Engineering Services PLLC INSURER C; Travelers Property Cas Cc of America 36161 604 Meadowlands Drive INSURER D INSURER E Hillsborough NC 27278 INSURER F COVERAGES CERTIFICATE NUMBER: CL17121820766 REVISION NUMBER- 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 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. l SR ADDLINUUMI POL C EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVo POLICY NUMBER MMID DIYYYY MwD0 LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 11 11000.000 CLAIMS-MADE Fx—]OCCUR PREMISES Ea occoaance S 34O'®�� MED EXP(Any one person) $ 15,OOU A Y 6304KOB9149 01101/2018 01101/2019 PERSONAL&ADVINJURY $ 1,000,000 GEN1 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 POLICY PRO- Q LOG PRODUCTS-C(ImploYAGG S 2>000,004 -- JECT OTHER Experience Mod Factor 1 g AUTOMOBILE LIABILITY COMBINED SINGLE MIT $ tG00.000 Ea accldenl IX ANY AUTO BODILY INJURY(For parson) $ BOWNED SCHEDULED Y 810-2J958216 ' 0410212017 04/02/2018 BODILY INJURY(Per accident} $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Pr accld.t Experience Mod Factor 2 X UMBRELLA LIAR ',�[ OCCUR EACH OCCURRENCE 6 6.000.000 c ECCESSLIAO CLAIMS-MADE CUP41(264429 01/0112018 01/01/2019 AGGREGATE $ 6.000,000 DEC I X1 RETENTIONS 10,000 $ WORKERS COMPENSATION x STATUTE ERH AND EMPLOYERS'LIABILITY ANY PAOPRIFTOPJPARTNER(EXECUTIVE (Y`�I�N E.L.EACH ACCIDENT $ 11000,000 �OFFICERIMEMBER EXCLUDED? t�NJ NNk UB4K258355 01f0112018 01l01I2019 (Mandatory in NH) E.L.DISEASE-FA EMPLOYEE $ 1400,000 Ilyas,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 5 Excess Policy over GL,AU,WC DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORO lei,Additional Remarks Schedule,may be allnched It more apace Is required) Phase I ESA-Efland Hrs Soccer Property Orange County 2015-2016 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE VNLL BE DELIVERED IN Orange County ACCORDANCE WITH THE POLICY PROVISIONS. 200 S Cameron Street AUTHORIZED REPRESENTATIVE � PO Box 8181 Hillsborough NC 27278 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD