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HomeMy WebLinkAbout2013-180 AMS - Carolina Solar Control LLC for 3M High Performance Night Vision Window Film $7,203.33 [Departmental Use Only] TITLE FY ORANGE COUNTY CONTRACT UNDER $10,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 12th day of June, 2013, ("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 Solar Control, LLC (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: as outlined in the attached proposal titled Central Orange Senior Center at SportsPlex Window Project dated May 1,2013. The term of this agreement rendered shall be from June 3 to July 31, 2013. 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 Seven Thousand Two hundred Three Dollars and Thirty-Three Cents, ($7,203.33). 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 Provider, 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: The Provider shall obtain, at its sole expense, all insurance needed to adequately insure itself during the performance of these services as required by the County's Risk Management Policy. Revised July 2010 1 5. The Provider 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. 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. 7. 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 in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. 8. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. 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. 94 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 MTrMSS WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE PROVIDER By: By. County Manage Title: 200 S.Cameron S7741�� Carolina Solar Control,LLC P.O.Box 8181 120-0 Woodwinds Industrial Court Hillsb6iough,NC 27278 Cary,NC 27511 This instrument has been approved as to technical content. clezg r, C—Fr-- Jeffrey Thom isdfi,bepokment Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Office of the Finance Director This instrument has beo'n!9oroved as to form and legal sufficiency. Office of County Attorney Revised July 2010 ,aj gi k � i Carolina Solar Control,'LLC 120—C Woodwinds Industrial Court Cary,NC 27511 Tel 919-380-7763 1 Fax 919-380-7182 Email carol in asolargaol.com AUTHORIZED DEALER AND INSTALLER FOR 3M WINDOW PROTECTION PRODUCTS EIN Serving the Carolinas since 1985 Re: Central Orange Senior Center at SportsPlex -� / t May 14,2013 Central Orange Senior Center Wayne Fenton 103 Meadowlands Dr,,', Hillsborou h NC 27 78 Dear Wayne: I am pleased xo.provide you with this proposal for the application of 3M High Performance Night Visiori 15 Window Film as to the glass we discussed at the above address. To clarify,the Multipurpose Room:does NOT include the doors to the patio or any rows above the 54 panes listed that maybe blocked by dropped ceiling or other interior architectural features. Film and labor are included to apply film to the specified areas is below: Central Orange Senior Center @ Sportsplex 511412013 103 Meadowlands Dr ScotchTint Hillsborough, NC 27278 Night Vision Wayne Fenton 919.201.6745ceil Carbon Commercial Recommendation Classroom 1005-8 panes NV15 571.63 Classroom 1004 Side Facing-8 Panes NV15 571.63 Classroom 1004 Front Facing -4 Panes NV15 285.81 Multipurpose Room Windows Only-54 Panes NV15 6,574.63 Total 8,003.69 Less Commercial Discount 800.37 Final Total 7,203.33 Specifications for the film is included with this email. This proposal assumes normal business hours of operation and unobstructed access to the glass. Payment is due upon completion of work. Terms: Net 30 Days Carolina Solar Control is the area's largest and ONLY Authorized Commercial and Residential Prestige Dealer/Applicator for 3M Window Films and protection products. Our installers are all 3M certified and will qualify you for the Full Factory Warranty. We are Members in Good Standing of the 131313, and have never had a complaint lodged against us. Please feel free to contact me at any time if I can be of further assistance. Thank you again for the opportunity to quote on your needs. Very sincerely, Susan P Burke Authorized 3M Prestige Dealer 0 DATE(MMIDWrfYY) A41040PREP CERTIFICATE OF LIABILITY INSURANCE 5/22/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOTAFFIRMATIVELY 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* 9 the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. ff 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 CONTACT Christine Rizzo —7 FAX Woodbury & Co. PHONE , (910)763-3431 1 IAIC,No):(910)763-7637 1111 Military Cutoff Rd XM&Mcr:Lzzo@woodbury:Lnsuranco.com Suite 221 INSURE R($)AFFORDING COVERAGE NAIL Wilmington NC 28405 INSURER A:Sentinel Insurance Co. , LTD 11000 INSURED INSURER B-The Hartford 21822 CSCRtMY LLC, DBA: Carolina Solar Control Inc INSURER C. 120 Woodwind Industrial Ct INSURERD: INSURER E: icary NC 27511 INSURER F: COVERAGES CERTIFICATE NUMBER"CL1242611918 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 ADDL SUOR POLICY EFF POLICY EXP SR IR TYPE OF INSURANCE AM WVD POLICY NUMBER IMMMQM= fMWDO1YYYY1 LIMITS GENERAL UA131UTY EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Me 2MRonce) $ 1,000,000 rA _ I CLAIMS-MADE Fx-1OCCUR 22SBASQ7304 4/27/2013 4/27/2014 MED EXP Any one Person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/0P AGG $ 4,000,000 X I POLICY PRO-F-]JrCT Ll LOC $ AUTOMOBILE LIABILITY acmdent)COMBINED SINGLE LIMIT -(Ea - $ A ANY AUTO BODILY INJURY(Per Person) $ 1,000,000 ALL OVMED SCHEDULED 22UZCZI1005 4/27/2013 4/27/2014 BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OVW4ED PROPERTY DAMAGE $ AUTOS Per I H Medicalpayrnents $ 2,000 UMBRELLA LIAO OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ H DED RETENTION .$ B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN x T 97TENT I Taw AOFWFICPERRO/PMREIMETBEORROPEAXRCTLNUEDREDffi?XECUTIVE rY NIA E.L-EACH ACCIDENT $ 500,000 (Mand*M In NH) 22WSMH4472 /27/2013 /27/2014 E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more 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 Orange County ACCORDANCE WITH THE POLICY PROVISIONS. Asset Management Services 131 W. Margaret Lane AUTHORIZED REPRESENTATIVE Hillsborough, NC 27278 Christine Rizzo/RIZZO ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. All fights reserved. Tho Arlewn n2ma 2nd Inn^2m mniafamd mo**a of AfnPn