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Home My WebLink About2016-730-E AMS - Tibbens Construction Dickson House ramp DocuSign Envelope ID:CB1 82 934-0461-457E-A18F-D1E5A8C2A3B1 [Departmental Use Only] TITLE Dickson House Ramp FY 2016-2017 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT,made and entered into this 19th day of October,2016, ("Effective Date") by and between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the "County"),party of the first part; and Tibbens Construction(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 (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Remove and replace damp deck boards with kiln dried pressure treated deck boards. Seal deck boards. The term of this agreement rendered shall be from October 1",2016 to November 31",2016. 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. SPECI)E'IC 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 hive Thousand Fifty , ($5,050.00). 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 be required by County's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is Revised 6/16 1 DocuSign Envelope ID:CB1 82 934-0461-457E-A18F-D1E5A8C2A3B1 incorporated herein by reference and may be viewed at http://www.orangecountync.goy/departments/purchasing 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 Provides- 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 patties 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 intent of the Parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. 8. 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 Orange County Anti--Discrimination Policy. 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 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. Devised 6/16 2 DocuSign Envelope ID:CB182934-0461-457E-A18F-D1E5A8C2A3B1 [SIGNATURL PAGE TO FOLLOW] I I Revised 6/16 3 DocuSign Envelope ID:CB1 82 934-0461-457E-A18F-D1E5A8C2A3B1 IN WITNESS WHEREOF,County and the Provider have signed this Agreement,effective as of the day first written above. QRAVC- a rrnrrV-ry PROKI-11r13 Docu5igned by: _ Docu5igned by: By.E0637994B755E477... 6KAAi (. Rr7u KALY'S By: '[i��e►,. s . 33392E511AAB471... 1'Vullty witulagur Title. vvviici 200 S. Cameron St. Tibbens Construction P.U. Box 8181 849 Moose Tracks Trail F-Iillsborough,NC 27278 Cedar Grove,NC 27231 I Revised 6/16 4 DocuSign Envelope ID:CB182934-0461-457E-A18F-D1E5A8C2A3B1 Contractor Quote Proposal No. 151 From: Tibbens Construction 849 Moose Tracks Trail Cedar Grove NC 27231 To: Orange County Asset Management Services, Attn: Paul Sorrell Work to be Performed at: Hillsborough Visitors Center, Dickson House Date: October 4, 2015 Your Work Order No.: NIA Our Proposal No.: 151 Dickson House Handicap Ramp Deck Boards Description of Work Performed: Remove and replace ramp deck boards with kiln dried pressure treated deck boards. Seal deck boards. Replace ten (10)joist hangers. Replace any decayed pickets. Replace small section of the bottom horizontal handrail that is decayed. All Material is guaranteed to be as specified, and the above work will be performed in accordance with the drawings and specifications provided for the above work and will be completed in a substantial workmanlike manner for the agreed sum of: Five Thousand Fifty Dollars ($5,050.00) In accordance with our agreement. Proposal No. 151 Dated: October 4, 2016. r DocuSign Envelope ID:CB182934-0461-457E-A18F-D1E5A8C2A3B1 MARKTA OP ID: EC ,4cc�rrr� CERTIFICATE OF LIABILITY INSURANCE DA09/21/2016TE Y} �— 091211201s 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(ies) must be endorsed. It 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 endorsements. PRODUCER 'a°,Nr A:cT All'United Insurance Agency Co All United Insurance Agency pHolve $66-484-885fi FA7f 9716-B Rea Road,#123 A C—N ER1l. --- (AIC,No):866-362-9807 Charlotte,NC 28277 E-MAIL Al United Insurance Agency Co ADDRESS: INSURERS)AFFORDING COVERAGE NAIC# INSURER A.Main Street America Insurance 11066 INSURED Mark Tibbens DBA INSURER B:United Specialty Insurance Co. - Mark Tibbens Construction — 849 Moose Tracks Trail INSURER C:North Carolina Rating Bureau Cedar Grove,NC 27231 INSURER D: INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 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. iLTR ----- TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MMIODIYYYY MMIoDfYYYV GENERAL LIABILITY EACH OCCURRENCE s 300,00 -DAMAGE TO RENTE6 B X COMMERCKL GENERAL LIABILITY X CL1729215 1111812015 11118/2016 PREMISES Ea oaurrence S 500,04 CLAIMS-MADE OCCUR MED EXP(Any one person) $ 10,00 PERSONAL&A13V INJURY S 300,00 _ GENERAL AGGREGATE $ 600,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $ 600,00 X1 POLICY I PRQ LOC $ AUTOMOBILE LIABILITY CEOMBIN�EeD SINGLE LIMIT S 1,000,00 B X ANY AUTO B109698J 1111812016 1111812016 BODILY INJURY(Per person) $ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) S _ NON DVNJEO —FRO PERT1f DAMAGE -$-. HIRED AUTOS AUTOS PER ACCIDEN UMBRELLA LIAR HoocuR EACH OCCURRENCE S EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED I RETENTION _ --- S WORKERS COMPENSATION __ V�CSTATU- TH- AND EMPLOYERS`LIABILITY T.QRLf LI C ANY PROPRIETOWPARTNEWEXECUTIVE Y I N 41 B44722 0910612016 0910612017 E.L.EACH ACCIDENT S 100,00 OFFICERIMEMBEREXCLUDED? NIA — -- (Mandatary In NH) E.L.DISEASE-EA EMPLOYE $ 100,00 If es.descanbe under "----- DESCRIPTION OF OPERATIONS Mow E.L.DISEASE-POLICY LIMIT S 500,00 DESCRIPTION OF OPERATIONS]LOCATIONS I VEHICLES(Atlach ACORD 101,Additional Remarks Schedule,if more space is reclulredj Orange County is listed as additional Insured with respect to the General Liability Policy as required by written contract. CERTIFICATE HOLDER CANCELLATION ORANGE( SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE a County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange ty ACCORDANCE WITH THE POLICY PROVISIONS. PO BOX 8181 Hillsborough,NC 27278 AUTHORIZED REPRESENTATIVE All United Insurance Agency Co 0 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD