Loading...
HomeMy WebLinkAbout2019-784-E AMS - Carolina Restoration Services RENA water mitigationRevised 12/18 1 [Departmental Use Only] TITLE RENA Water Mitigation FY 2020 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 10th day of September, 2019, (“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 Carolina Restoration Services of North Carolina, Inc. (the "Provider"), party of the second part; W I T N E S S E T H: 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: RENA Community Center-101 Edgar St- Emergency water mitigation and structual drying services on 8/28/2019 The term of this agreement rendered shall be from 8/20/2019 to 9/20/2019. 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 Two Hundred Eighty Nine and Seventy One Cents, ($1,289.71). 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 DocuSign Envelope ID: 54B72E39-BDA8-4BB5-A805-8F99E054CB43 Revised 12/18 2 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_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 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. Indemnity: 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.orangecountync.gov/departments/purchasing_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. DocuSign Envelope ID: 54B72E39-BDA8-4BB5-A805-8F99E054CB43 Revised 12/18 3 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 COUNTY PROVIDER By: _________________________ By: _________________________ Department Director Title: ________________________ 200 S. Cameron St. Carolina Restoration Services of NC, Inc P.O. Box 8181 3401 Gateway Centre Blvd. Hillsborough, NC 27278 Morrisville, NC 27560 DocuSign Envelope ID: 54B72E39-BDA8-4BB5-A805-8F99E054CB43      DocuSign Envelope ID:54B72E39-BDA8-4BB5-A805-8F99E054CB43 CAROLINA Restoration Services of North Carolina, Inc. INVOICE "ReconsUzictlon Smelallsts" Invoice: 19-20 5 7-COM E 3401 Gateway Centre Blvd. Morrisville, NC 27560 8/28/2019 Phone 919-469-1955 Fax 919-469-5592 Due by: 9/12/2019 Delinquent after: 9/27/2019 Orange County Asset Management PO Box 8181 Hillsborough, NC 27278 DESCRIPTION AMOUNT Emergency Water Mitigation/ Structural Drying Services: $ 1,289.71 Rena Community Center 1 nl Edgar St. Chapel Hill i Total Due: $ 1,289.71 Make checks payable to: Carolina Restoration Services Tax ID: 56-2039075 A finance charge of 1.5% per month will be applied if payment is not received within 30 days of the date of invoice, in addition to a $35 late Fee. .A $25.00 fee will apply to checks returned by the bank. I �' p1SCuVER "We are now accepting credit card payments however, a 3% convenience fee will be applied* We Appreciate the Opportunity to Serve Youll V 6 3 k Z7 DocuSign Envelope ID:54B72E39-BDA8-4BB5-A805-8F99E054CB43 AC"RE)" 709/10/2019 E(MMIDDIYYYY) "R� CERTIFICATE OF LIABILITY INSURANCE 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(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the pollcy, 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 NAME: Amy Freeman Williamson Insurance&Financial Services Inc AXONE 919 567-9580 A"C Not: 919 557-99I7 320 N Judd Parkway NE AEOOREss. am @williamson-insurance.com Suite 204 INSURERS AFFORDING COVERAGE NMC# Fuguay Varina NC 27526 INSURERA: Erie Ins Exchange 26271 INSURED INSURER B Carolina Restoration Services of NC Inc ENSURER C 3401 Gateway Centre Blvd INSURER D INSURER E Morrisville NC 27560 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. INSR TYPE OF INSURANCE AODL SUBR POLICY NUMBER POLICY EFF POLICY LTR LIMEYS X COMMERCIAL GENERAL LUIBILITY EACH OCCURRENCE $ 1000000 CLAIMS-MADE FX7 OCCUR PREMISES a occurrenoe $ 10D0000 MED EXP(Any orre person) $ 5000 A Q44-0152051 08/01/2019 081D112020 PERSONAL&ADV INJURY $ 1000000 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2000000 POLICY X� I- J PRO Fx_1 LOC PRODUCTS-COMP+OPAGG $ 2000000 OTHER: $ AUTOMOBILE LIABILITY COEa accM8INEDSINGLE LIMIT ident $ 1000000 X ANY AUTO BODILY RJURY(Per person) $ A OWNED LEq AUTOS AUTOS ONLY AUTOS Q08-0140177 08/01/2019 0810112020 BODILY INJURY(Per accdenp $ X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Peracadent X UMBRELLA LIAS X OCCUR EACH OCCURRENCE $ 4000000 A EXCESSLIA6 CLAIM MADE Q32-0171383 08/01/2019 08/012020 AGGREGATE $ 40D0000 DED I X I RL'TENTION 0 $ WORKERS CO MP EN SA TON PER DTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR:PARTNERIEXECUTIVE E.L.EACH ACCIDENT $ OFFICERWEMBER EXCLUDED? F7 NIA (Ka ndatoryIn NH) E.L.DISEASE-EA EMPLOYEE S II yes,describe under DESCRIPTION OF OPERATIONS berdw E.L.DISEASE-POLICY LIMIT $ Bailees Coverage-I In Transit Limit Limit 2000000 Ded 500. A Blanket Leased Equipment 044-0152051 08/01/2019 08101R020 Limit 10000 Dad 500_ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule.may be attached if more space Is requiredl CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 200 South Cameron Street AUTHORIZED REPRESENTATIVE Hillsborough INC 27278 `1 Fax: Email: ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:54B72E39-BDA8-4BB5-A805-8F99E054CB43 DATE (MM/DD/YYYY) ,4�v►�o CERTIFICATE OF LIABILITY INSURANCE 09/10/2019 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. 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(s). PRODUCER Phone: 919-463-5300 Fax: 919-463-5301 CONTACT ISU-Lipstone Insurance Group ISU-LIPSTONE INSURANCE GROUP PHONE FAX 208 NEW EDITION CT we No F. 919-463-5300 A c No: 919-463-5301 E-MAIL CARY NC 27511 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURERA :GuideOne National Insurance Company 14167 INSURED CAROLINA RESTORATION SERVICES OF NC INC INSURER :Builders Mutual Insurance Company 10844 3401 GATEWAY CENTRE BLVD INSURER MORRISVILLE NC 27560 INSURER D: INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 6974 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD MM/DD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE I]OCCUR DAMAGE TO RENTED $ PREMISES(Ea occurence) MED.EXP(Any one person) $ PERSONAL&ADV INJURY $ GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO POLICY 1:1 JECT [] LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS (per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR HCLAIMS-MADE AGGREGATE $ DIED I RETENTION$ $ PER B WORKERS COMPENSATION WCP002324919 03/16/19 03/16/20 STATUTE ERH AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YINE.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? N N/A E.L.DISEASE-EA EMPLOYEE $ 1,000,000 (Mandatory in NH) yes,describe under D E.L.DISEASE-POLICY LIMIT $ 1 DESCRIPTION OF OPERATIONS below ,000,000 A Contractors Pollution Liability ENV562000993-00 02/03/19 02/03/20 $5,000,000 Per Pollution Condition $5,000,000 Policy Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION Orange County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 200 South Cameron Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P.O. Box 8181 ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE Attention: Steven S. Lipstone ACORD 25(2014/01) ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD