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Home My WebLink About2013-179 AMS - Syntech Architectural Signage Signage for Eno River Parking Deck $6,476.94 NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$25,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 22nd day of May, 2013 by and between Orange County, North Carolina (hereinafter the "Owner")party of the first part; and Syntech Architectural Signage (hereinafter the "Contractor"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the Owner hereby contracts for the construction services of the Contractor, and the Contractor agrees to provide the construction services to the Owner in accordance with the terms of this Agreement. 1. TERM Beginning and ending dates of contract: May 22nd, 2013 through August 31 s', 2013. The Project Commencement Date shall be May 31St, 2013. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: Six Thousand Four Hundred Seventy Six Dollars and Ninety Four Cents ($6,476.94) 3. SERVICES Contractor agrees to provide the following construction services (the "Work"): Eno River Parking Deck wayfinding signage approved by the Hillsborough Historic District Commission and outlined in the attached proposal dated February 8, 2013. Contractor shall not sub-contract all or any part of the construction services provided for in this Agreement without prior written approval of the Owner. Contractor shall be responsible for all errors or omissions, in the performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to Owner. 4. PAYMENT Contractor shall submit an invoice for construction services provided. The invoice shall contain Contractor's name and federal tax identification number and shall be signed and dated by an officer of Contractor. It shall detail all construction services provided in payment requests. The Owner will make payments to Contractor within thirty (30) days after receipt of and approval of the invoice by the contracting department. In the event the amount stated on an invoice is disputed by Owner, then Owner may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. In addition, should Contractor fail to perform its duties under the terms of this Agreement, Owner may, without fault or penalty, withhold any payment associated with the Work to be performed until such time as said work is completed. 5. RELATIONSHIP OF PARTIES Revised November 2011 Contractor is an independent Contractor of the Owner. Contractor represents that it has or will secure, at its own expense, all personnel required in performing the construction services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the Owner. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized or permitted under state and local law to perform such construction services. It is further agreed that Contractor will obey all State and Federal statutes, rules and regulations which are applicable to provisions of the construction services called for herein. Neither Contractor nor any employee of the Contractor shall be deemed an officer, employee or agent of the Owner. 6. TERMINATION This Agreement may be terminated by Contractor upon thirty (3 0) days' written notice to the Owner, and the Owner may terminate this agreement upon thirty (30) days' written notice to Contractor. 7. INSURANCE REQUIREMENTS Contractor shall obtain, at its sole expense, all insurance as required in the Owner's risk management policy and shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. Such insurance shall name the Owner as Additional Insured under both General Liability and Auto Liability policies. 8. INDEMNIFICATION Contractor agrees to defend, indemnify, save and protect Owner and Owner's tender, if any, harmless from and against any and all claims, liens, liabilities, losses, damages, causes of action, and expenses (including court costs and reasonable attorney's fees related thereto) arising out of, in connection with, or resulting from any negligence, act or failure to act by the Contractor, the Contractor's agents, assigns or employees related to the Work. It is the intent of this section to require Contractor to indemnify the Owner to the extent permitted under North Carolina law. 9. NON-ASSIGNMENT Contractor shall not assign all or any part of this Agreement, including rights to payments,to any other party without the prior written consent of the Owner. 10. NON—APPROPRIATION Contractor acknowledges that Owner 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 Owner's obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice to Contractor of the unavailability and non-appropriation of public funds. It is expressly agreed that Owner shall not activate this non- appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. Revised November 201 1 2 • rt In the event of a change in the Owner's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects Owner's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to Owner upon written notice to Contractor of such limitation or change in Owner's legal authority. 11. ENTIRE AGREEMENT 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 by a written amendment to this Agreement signed by the parties. Modifications may be evidenced by telefacsimile signatures. 12. GOVERNING LAW Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and any action brought under this Agreement shall be brought in the General Court of Justice of the State of North Carolina in Orange County. IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. O E COU Y CONTRACTOR By By Frank W. Cli n, Manager Syntech Architectural Signage 200 S. Camer n St. 1825 Frank Holt Drive P.O. Box 81 1 Hillsborough,NC 27278 Burlington,NC 27215 This instrument has been approved as to technical content. Jeffi y hompson,Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. UQ/VO,W A AW- Office of the Finance Officer This insstt ent has been approved as to legal form and sufficiency. ice of the County Attorney Revised November 2011 3 SY TECH Estimate # 130104 02/08/2013 Prepared for: Prepared by: Orange County Syntech of Burlington, Inc. Jeff Thompson Salesperson: Korey Casper 1825 Frank Holt Drive Burlington, NC 27215 www.syntechsigns.com Phone:(919) 245-2658 Fax: Phone:336-570-2035 Fax:336-570-0429 Description: Signage for West Campus Parking Deck Delivery: Q o Production time for the following item(s)will be approximately 25 working days. Quantity Description Each Amount Tax 1 Item#1: "Free Public Parking,"Wall-Mounted Sign $577.30 $577.30 36"Diameter x 1"Deep Pan Sign .125"Aluminum Construction Face and Returns Edges Painted Custom Blue Digitally-Printed,Cast Vinyl,Reflective Overlay,Including Cast Overlaminate Includes Appropriate Mounting Provisions and Hardware for v/ Mounting to Masonry Wall 7? 1 Item#2:"Free Public Parking,"Directional Sign, Mounted to Lamp $478.05 $478.05 Post 24"Diameter .125'Aluminum Face and Edges Edges Painted Custom Blue Digitally-Printed,Cast Vinyl,Reflective Overlay,Including Cast Overlaminate Asembly Includes Two(2)Single-Sided Panels with Mounting Provisions to Attach to Existing Fluted-Tube Lamp Post 1 Item#3: Fire Lane Sign $42.04 $42.04 18"x 12"x.080" Red and White,Engineer-Grade-Reflective,Vinyl Background Colors and Copy Radius Comers Pre-Drilled Holes Hardware for Mounting to Wooden Gate 1 Item#4: Pedestrian Crossing Sign Outside Parking Deck Entrance $2,189.80 $2,18930 54"x 48"Overall Size 42"x 36"x.125'Painted Aluminum Sign Panel with Full-Color, Digitally-Pri nted, Reflective Background Colors and Graphics; Single-Sided Two(2)4"diameter, Black, Fluted Posts Deco Ball Finials,and Stand-off Mounting Rings S TECHIk Estimate #130104 02/08/2013 Prepared for: Prepared by: Orange County Syntech of Burlington, Inc. Jeff Thompson Salesperson: Korey Casper 1825 Frank Holt Drive Burlington, NC 27215 www.syntechsigns.com Phone:(919) 245-2658 Fax: Phone:336-570-2035 Fax:336-570-0429 1 Item#6:"Yield"Sign $78.21 $78.21 18"x 12"x.080"Aluminum Sign Blade Red and White, Engineer-Grade-Reflective,Vinyl Background, Border and Copy;Single-Sided Radius Corners Pre-Drilled Holes Silver Aluminum Bracket for Mounting Sign Perpendicular to Wall Includes Hardware 1 Item#7:Cautionary Sign for Existing Scroll Bracket $83.92 $83.92 32"x 32"x 4mm Coroplast Yellow and Black, Engineer-Grade-Reflective,Vinyl Background, Border and Copy Double-Sided Square Corners Appropriate Provisions for Mounting to Existing Scroll Bracket 1 Item#8:One-Way Traffic Sign $1,492.62 $1,492.62 28"x 36"x.125"Aluminum Sign Panel with Full-Color, Digitally-Printed, Reflective Background Colors and Graphics; Double-Sided Custom,Scroll,Aluminum Hanging Bracket Includes Hardware for Mounting to Existing Fluted Post 1 Installation $1,535.00 $1,535.00 Includes mobilization,labor,supervision/safety,tools,and equipment TOTALS Subtotal: $6,476.94 Sales Tax: $0.00 Total: $6,476.94 Terms: This estimate good for 30 days. 50% deposit due on signi ng with balance due Net 30 day s upon completion By my signature below,I authorize work to begin and agree to pay above amount in full according to the terms on this agreement SIGNED: DATE: AMT.PAID TODAY: SYNTE-i OP IDD:LH CERTIFICATE OF LIABILITY INSURANCE DATE(05111611 16113 3 THIS CERTIFICATE 15 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 poilcy(ies) must be endorsed. if SUBROGATION IS WANED, 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 cortificate holder In lieu of such endorsements. PRODUCER 919-469-247 ME; Elizabeth C Holden TrISUre CorporationJH 919-067 488 PHDNE FAX 325 Lake Boone Trail No. •9191367-4957 Arc No: 919-4674987 Suite ADDRESS:Iholden trisure.com Raleighh,, NC 27607 Ryan W.Bab INSURERS AFFORDING COVERAGE NAIC INSURERA:Sentinel Insurance Company 02234 INSURED Syntech of Burlington, Inc. INSURER B:Hartford Casualty Ins.Co. 29424 Syntech Architectural Signage INSURERC:The Hartford ins.Co. 29424 Sue Uhler 1825 Frank Holt Drive WSURERD: Burlington,NC 27215 INSURER E: 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 POLICY NUMBER LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY 22SBAIP2021 06/16112 06/16113 PREMISES Ea occurrence $ _ 100,0 CLPJMS•MADE �OCCUR MED EXP(Any one person) $ 10,00 PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/Op AGG $ 2,000,00 POLICY X PRO- LOC $FCT AUTOMOBILE LIABILITY INLD SINGLE LIMI I Ea accident 1,040 QO $ _> C X ANY AUTO 22UECJF8868 06/16/12 06/16/13 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS per accident $ $ X UMBRELLA LIAR `�( OCCUR EACH OCCURRENCE $ 2,000,00 A EXCESS LIAS CLAIMS-MADE 22SBAIP2021 06/16/12 06/16/13 AGGREGATE $ 2,000,00 X 10004 WORKERS COMPENSATION X I WC STATU- 0'n+ AND EMPLOYERS'LIABILITY YD ER B ANY PROPRIETORiPARTNERIEXECU IVE 22WBCLD5166 06116/12 06/16/13 E.L.EACH ACCIDENT $ 500,0 OFFICERIMEMBER EXCLUDED? NIA —•—•— (Mandatory in NH) EL.DISEASE-EA EMPLOYEE $ 500,OOC If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,00C DESCRIPTION OF OPERATIONS t LOCATIONS t VEHICLES (Attach ACORD 101,Additional Remarks Schedule,f<Moro space is required) TE HOLDER CAN FL ATION ORA131 X SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE iMILL BE DELIVERED IN Orangemen# ACCORDANCE WITH THE POLICY PROVISIONS. 1 1 131 West Margaret Lane AUTHORtZEDREPRESENTATIVE Hillsborough,NC 27278 O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD