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Home My WebLink About2020-168-E AMS - BIRS SDC roof repair DocuSign Envelope ID:00583176-E4FA-448B-88D4-42DFOFC2EC50 nn°5 [Departmental Use Only] TITLE SkillsDev Roof Repair FY 2019 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 1st day of July, 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 BIBS, 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: Locate and repair roof leaks, remove downspout in order to strip down scupper and collect head with silicone coating and mesh fabric, Install conductor head and put downspout back in place, Repair 6 blisters in membrane, Investigate multiple leaks, readhere open lap in modified flashing, reinforce 10 existing patches, reseal window trim, address leaks reported by Eddie Hunter.Warranty for materials used in making these repairs are good for 1 year-07/29/2020 The term of this agreement rendered shall be from 07/01/2019 to 08/01/2019. 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 (as determined by the County) performed in accord with this Agreement. The amount to be paid by the County shall not exceed Three Thousand Three Hundred Forty Seven Dollars and Forty Forty Cent, ($3347.44). 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. Revised 11/19 1 DocuSign Envelope ID:00583176-E4FA-448B-88D4-42DFOFC2EC50 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 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 NA (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: To the extent authorized by North Carolina law 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. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 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 htip://www.oran eg countpc. og v/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. Revised 11/19 2 DocuSign Envelope ID:00583176-E4FA-448B-88D4-42DFOFC2EC50 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. 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 UocuSigned by: UocuSigned by: jAAM 6681844C5... rector Tl_.AF79FC10E94a48F... 200 S. Cameron St. BIRS,Inc P.O. Box 8181 PO Box 36197 Hillsborough,NC 27278 Greensboro,NC 27416-6197 Revised 11/19 3 DocuSign Envelope ID:00583176-E4FA-448B-88D4-42DFOFC2EC50ISINR } Sig Nnc- { PO. BOX 36197 } Greensboro, N.C. 27416-6197 IMPORTANT.If thIs Invoice Is not correct In every padicuiar,notify: SIRS,Inc. ASSET MANAGEMENT SERVICES REMIT TO: SOLDTO ATTN: PAUL SORRELL 131 WEST MARGARET LANE BIBS, INC, HILLSBOROUGH, NC 27278 P. O. BOX 36197 GREENSBORO, NC 27416--6197 SHIPPED TO PHONE: { 336) 574--3060 ROUTING PLEASE SHOW INVOICE NO.ON ALL PAYMENTS AND CORRESPONDENCE. SALES REP.NAME AND NO, CUSTOMER CODE TNIV ES4CRIDP�TIOS TERMS CODE DIG I SPIC TRJC CR1C CONTRACT NO. OUST.ORDER NO, DIVISION INVOICEI_NUMBER INVOICE DATE 1 9 DESCRIPTION AMOUNT SKILLS DEVELOPMENT CENTER $3, 347 . 44 LOCATED AND REPAIRED ROOF LEAKS, REMOVED DOWNSPOUT . IN ORDER TO STRIP DOWN SCUPPER AND COLLECTOR HEAD WITH SILICONE COATING AND MESH FABRIC, INSTALLED CONDUCTOR HEAD AND PUT DOWNSPOUT BACK IN PLACE, REPAIRED 6 BLISTERS IN MEMBRANE, RETURNED AT LATER DATE, INVESTIGATED MULTIPLE LEAKS, READHERED OPEN LAP � IN MODIFIED FLASHING, REINFORCED 1.0 EXISTING PATCHES, RESEALED WINDOW TRIM, ETC. TO ADDRESS LEANS REPORTED TO US BY MR. EDDIE HUNTER. COST FOR REPAIRS $3,113 . 90 NC SALES TAX (ORANGE) 233. 54 TOTAL $3,347, 44 NOTE: WARRANTY FOR MATERIALS USED MAKING THESE REPAIRS.; IS GOOD FOR 1 YEAR - 7/29/20. I LATE CHARGES ON OVERDUE BILLS SHALL BE AT THE RATE OF 9% PER ANNUM OR MAXIMUM PERMITTED BY APPLICABLE STATE LAW WHICHEVER IS LESS, NO ANTICIPATION IS ALLOWED. BIRS JOB ## 18-7517 DocuSign Envelope ID:00583176-E4FA-448B-88D4-42DFOFC2EC50 { k f i F v 1 ' tl "a�-a"7`e'r'tEI3• �^y;'•r� � I A Ilk iip6 t 4 .[�..s—j [ a .gv. dp v; ' ate• � �,•, I 1 _;•}�f r Y, Z�f-. �'�-��^^nii�•i'',�Fjf - �r' - -�ti��_ T+Ci�Ys�_�s}�, � � .SI. �- �y], •• _ etc •� �_— � _ •�- ' :`• •� sir i�:�" •`.• - .�s�-' ti�.;.�.. ---:�.i- r• F�M1 �} y, �ti `7 ghGa � 4�`tii�''�°• � kf• ��,y-ra ��=_~�ri�i�>n• q ..� Aci' r fir ' BLS:. y. Z' Sr� � �5=-..f� ��;:, �.,r..; a�: r•:s�E,., �A � i! r f `ry �� "4.. y � sip'F `}�_�c•� ON r� :•� �! '�`•7y�'.•':'r ,` �'i• Y -'vim. ��""•-�`•'i�.:.:.�• ,,r. :7 �„•.. r;r•� t� �'� ,"�`^4��3�+' �c�15 3,•_ y�tetiy� 1#- .�• :ter ,�: �r �:: ii-it"• ��4':u= �_::-:•��-�:'t '±-.-� �. ��a-- '�';sd-�zr? �;. 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'tr �'� if�ja •'� �.'i�•$��i 1 y •, �• III '�{�"_ Vrxtls .. jYt' S + R, � f.3:i �Y��i •�=��7��x.��`.7 •}� �.;_j��a •1;.5 s�;za`t(.';e:%4{' �'P DocuSign Envelope ID:00583176-E4FA-448B-88D4-42DFOFC2EC50 } I i •y � 1 �r • b,F(-v XY I DocuSign Envelope ID:00583176-E4FA-448B-88D4-42DFOFC2EC50 i --777 - -- - kill -✓�;ir� „¢S [e.1��4 '.:� ram' ��:!�..:.• 1. - EY�-AR'4•i t l [ s shy x ' aye; �' A• �' _'yam �i _ � �� k `Y• v 1. .ti P • • f DocuSign Envelope ID:00583176-E4FA-448B-88D4-42DFOFC2EC50 M. i 1 =� u�=-•�;:ss - ;� mac, r -�� ,:�:.:— �;� , - - :a�- - ?��'• F, ;it� ��'x is Y� 9 y rt 1 DocuSign Envelope ID:00583176-E4FA-448B-88D4-42DFOFC2EC50 i i i DATE(MMIDDNYYY) AC4 Ro CERTIFICATE OF LIABILITY INSURANCE 4/1 212 0 1 9 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 t 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 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(s). PRODUCER cCNTACT Lynne A.Meyer,CIC,CPIW,AINS Marsh&McLennan Agency LLC PHONE FAX 3625 N. Elm Street 33fi 346-1302 AVC.No 212-fi117-B534 Greensboro NC 27455 ,4DDARESS L nne.Me er marshmma.cam {§ 1NSURER 8 AFFORDING COVERAGE NAIC# 1 INSURERA:Builders Premier Insurance Company 13036 111 INSURED 13IRSINCI INSURER B:Builders Mutual Insurance Company 10844 SIRS, Inc. Mr. Raven Broeker INSURER c:Columbia Casualty Company 31127 PC Box 36197 INSURER D Greensboro NC 27416-6197 INSURERE: INSURER F COVERAGES CERTIFICATE N UM BER:379236999 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 t 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. INS ADDL SU8R POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE POLICYNUMBER MMIODrYYYY M DDIYYYY A Xr COMMERCIAL GENERAL LIABILITY PCP000383200 511/2019 W112020 EACH OCCURRENCE $1,000,000 DAMAGE TO RE T CLAIMS-MADE FRI OCCUR PREMISES Ea occurrence $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENV AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2.000,000 POLICY jR a LOC PRODUCTS•COMPIOP AGG $2.000,000 OTHER: A AUTOMOBILE LIABILITY PCA0018423 5/112019 5/1/2020 COMBINED SINGLE LIMIT S 1,000,000 Ea ecGdent )( ANY AUTO BODILYI INJURY(Perpsrson) S OWNED SCHEDULED BODILY INJURY(Par accident) S AUTOS ONLY AUTOS x HIRED Ix NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per ac�denl Cam !Coll Dad S 1,00011,000 B X UMBRELLA LIAR X OCCUR MUB000123660 511/2019 5/1/2020 EACHOCCURRENCE $5,000.000 EXCESS LIAR CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTIONS $ A WORKERS COMPENSATION 3VV0100029008 5/1/2019 5/1/2020 X STATUTE ERH AND EMPLOYERS'LIABILITY ANYPROPRIETORIPARTNERIEXECUTIVE Y� NIA E.L.EACH ACCIDENT $1,000,000 OFF ICERIME MBER EXCLUD I (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Rental Equipment PCP000363200 51112019 611=20 Limit $160,000 C E&OlPollution CE0691855996 5/112019 6/1/2020 Limit $1,000,000 DESCRIPTION OF OPERATIONS r LOCATIONS VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached Irmare space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Orange Coun}}� PO Box851S�I AU ORIZEDREPRESENTATIV Hillsborough NC 27278 I� a 1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD