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HomeMy WebLinkAbout2016-744-E AMS - Penn Davis Animal Services painting DocuSign Envelope ID:5BB79893-2A98-4C27-B3FC-097C7EB5D41 E [Departmental Use Only] TITLE ANIMAL SERV PAINT FY 2016-2017 ORANGE COUNTY CONTRACT UNDEll $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 13th day of September, 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 Penn-Davis Coatings,Inc(the "Provider"),party of the second part; WIT'NESSETH: 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: repair and touch-up the paint on walls at cages. At 6 containment areas, repair surfaces with Bondo. Prime surfaces with Macropoxy 646 and top coat with Polysiloxane XLE80. All work to be done during normal business hours. The term of this agreement rendered shall be from September 20th,2016 to November 1'%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. SPECIFIC TERMS 1. ftLme�nt: 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 Four Thousand Eight Hundred Fourty, ($4,840.00), 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 Revised 6/16 1 DocuSign Envelope ID:5BB79893-2A98-4C27-B3FC-097C7EB5D41 E Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http.,//www.orangecountVnc-gov/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 N/A 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 to defend, indemnify, and hold harmless ©range 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. 5. 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 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. priori : 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 Revised 6/16 2 DocuSign Envelope ID:5BB79893-2A98-4C27-B3FC-097C7EB5D41 E 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, [SIGNATURE PAGE TO FOLLOW] Revised 6/16 3 DocuSign Envelope ID:5BB79893-2A98-4C27-B3FC-097C7EB5D41 E IN WITNESS WHER)COF,County and the Provider have signed this Agreement, effective as of the day first written above. ORA W-M r"f'N-ry PRO"—DocuSigned by: l y. 16DocuSigned by: 6itiAn , Roi*AAY'S Cf0637994B755E477._ Bye— 4F27a28SBHBLC9... UUIILY lYl.4l$dgj7,3 Tltle: Cldl y 200 S.Cameron St. Penn-Davis Coatings,Inc P.O. Box 8181 PO Sox 575 Hillsborough,NC 27278 Cramer,NC 27529 Revised 6/16 DocuSign Envelope ID:5BB79893-2A98-4C27-B3FC-097C7EB5D41 E ;9,i l:si it X?`.`!.I i 3, N,-p Pena-d vis coatings, inc. E081616L Revised F p.o.box ws DATE: August 16,2016i garner,north caroffna 27529 phone{ate)MI-o27t filD: We propose to furnish labor and/or material to complete the work outlined Orange County Animal Shelter herein for the stoat of. Forty Fight TO: Hundred and Forty Dollars 1601 Eubanks Road Chapel Hill,NC 27514 ($4,840.00) Attn: Paul Sorrell Payment to be made as follows: Net 30 Days We hereby submit specifications and bid for: Orange County Animal.Shelter Repair and touch-up the paint on walls at cages. At G containment areas,repair surfaces with Bondo. Prime surfaces with Macropoxy 646 and top coat with Polysiloxane XLE80. 6 All worlt to be dome during normal business hours. Contact us at enndavis@nc.rr.com ?n CONTRACTOR'S GUARANTEE ACCEPTANCE F BID We guarantee all materials used in this contract to be as specified The above specifications,terms,and contract are above and the entire job to be done in a neat,workmanlike satisfactory,anal I hereby authorize this work to manner. Any variations from plans or alterations requiring extra be performed. labor or material will be performer}only upon written order and billed in addition to the above stem. A =i nts with our work- men are not re gni signed: 141, C."i 5 Signed- Dote.08- 6-16 Date. ThA contract 19 void 30 Itay from elate unImb siFned nwl returned 0 bldder insuranee eertirieutes are siviiilsihle upun request DocuSign Envelope ID:5BB79893-2A98-4C27-B3FC-097C7EB5D41 E A QR(J� CERTIFICATE OF LIABILITY INSURANCE F DATE IMMIDDIYYYYIsrs1za16 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(€es)must 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 endorsements. PRODUCER CONTACT Heidi Morse _ }ones Insurance Agency Inc. PHONE FAX 820 Benson Road 919-772-0233 919-779-4025 Garner NC 27529 -ADD SS:heidim@Jones-insurance_com INSURER 5 AFFORDING COVERAGE NAIC p INSURER A:Cincinnati Insurance Company 10677 INSURED PENNDAV-01 INSURER B,Builders Premier Insurance Co 13036 Penn Davis Coatings, Inc. INSURER C: P 0 Box 575 Garner NC 27529 IN-SURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER:1551488639 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. INSR AUUL TYPE Of POLICY EFF POLICY EXP LIMITS LTR SD WVD POLICY NUMBER MMIDDIYYYY MMMDJYYYY A X COMMERCIAL GENERAL LIABILITY F-PP0226481 1/25/2016 1/25/2017 EACH OCCURRENCE S1,000,00o DAMAGE To RENTED CLAIMS-MADE n OCCUR PREMISES f a occurmwo $500,000 MED EXP(Any one S10,000 PERSONALkMVINJURY $1,000.000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $2,000.000 ---- POLICY X JECT - LOC PRODUCTS-COMPIOP AGG $2,GOO,000 - — OTHER: $ A AUTOMPBILELIABIUTY EBA0226481 11251201E 1/2512017 _COMBIidercFj NED I $1,000.000 X ANY AUTO g y BODILY INJURY(Per parson) $ Al 7p$ ED AUTOSULED BODILY INJURY(Per accident) $ k HIRED AUTOS x NON-OWNED PROPERTY DAMAGE $ — - AUTOS Per acddent $ I A k UMBRELLA LIAB k OCCUR EPP0226481 1/2512016 112512017 EACH OCCURRENCE $5,000,000 EXCESSLIAB CLAIMS-MADE AGGREGATE $5,000,000 DELI k fRETEWION$0 $ B WORKERS COMPENSATION PWC 0020810 17 1/112016 111/2017 x STER ATUTE ERH- AND EMPLOYERS'LIABILITY Y I N ANY PROPMETORPARTNERIEXECUTIVE E.L EACH ACCIDENT $1,000,000 OFFICERIMEMEER EXCLUDED? M NIA - (MandatorylnNH) E.L.DISEASE EA EMPLOYE $1,000,Coo II yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 57,000,000 A RentedlL®ased Equipment EPP0226481 1/25/2016 1125/2017 Llmil ACV 80,00o DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION [SATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 8181 ACCORDANCE WITH THE POLICY PROVISIONS, Hillsborough NC 27278 AU ORVED REPRESENTATIVE O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26(2014101) The ACORD name and logo are registered marks of ACORD