HomeMy WebLinkAbout2014-444-E AMS - Sound Advice of Eastern North Carolina for AV Installation - Battle Courtroom $29,852.49 0q b 1 �--Lto -
DocuSign Envelope ID:5243DF4F-9C78-4BF5-B878-FB381A1FCDCB fi _ 6
NORTH CAROLINA CONSTRUCTION SERVICES
AGREEMENT UNDER$50,000
ORANGE COUNTY
THIS CONSTRUCTION AGREEMENT(hereinafter "Agreement"), is made and entered
into this 8th day of August, 2014 by and between Orange County,North Carolina(hereinafter the
"Owner") party of the first part; and Sound Advice of Eastern North Carolina (hereinafter the
"Contractor"),parry 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: August 8,2014 through October 31,2014. The
Project Commencement Date shall be August 8, 2014.
2. MAXIMUM AMOUNT PAYABLE
Dollar Amount Not to Exceed: Twenty Nine Thousand Six Hundred Eight Dollars and Thirty
Three Cents ($29,608.33)
3. SERVICES
Contractor agrees to provide the following construction services (the "Work"): audio visual
design implementation and equipment installation of selected components and systems according
to the attached proposal entitled "Design Implementation/Installation of AV systems for the
Battle Courtroom" dated July 25, 2014.
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.
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DocuSign Envelope ID:5243DF4F-9C78-4BF5-B878-FB381 Al FCDCB
5. RELATIONSHIP OF PARTIES
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 quzlified
and shall be authorized or permitted under state and local law to perform such constnlction
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 (3 0) days' written notice to
Contractor. This or any other written notice shall be delivered via certified mail, return receipt
requested to the parties at the addresses as shown on the signature page to this Agreement.
7. INSURANCE REQUIREMENTS
Contractor shall obtain, at its sole expense, Commercial General Liability Insu:°ance,
Automobile Insurance, Workers' Compensation Insurance, and any additional insurance a:,may
be required by Owner'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://orangecoimtync.gg /purchasing/contracts.aW). If Owner's Risk Manager determines `
additional insurance coverage is required such additional insurance shall be designated hers;N/A 4
(if no additional insurance required mark N/A as being not applicable). Contractor shall not t
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commence construction work until such insurance is in effect and certification thereof has been
received by the Owner's Risk Manager.
8. INDEMNIFICATION l
Contractor agrees to defend, indemnify,save, and protect Owner and Owner's lender,if any, I
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 cut of, (`
in connection with, or resulting from any negligence, act or failure to act by the Contractor,the f
Contractor's agents, assigns or employees related to the Work. Contractor is responsible J.or all
errors or omissions caused by its agents,contractors,employees,or assigns in the performance of
this Agreement.
It is the intent of this section to require Contractor to indemnify the Owner to the full 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.
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10.NON—APPROPRIATION
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DocuSign Envelope ID:5243DF4F-9C78-4BF5-B878-FB381A1FCDCB
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 performar-ce 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.
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 f
automatically terminate without penalty to Owner upon written notice to Contractor of such
limitation or change in Owner's legal authority.
11.E-VERIFY AND DIGITAI.SIGNATURES
A.Pursuant to the terms of North Carolina General Statute 153A-449(b)no county may enter
into a contract with a contractor unless the contractor and the contractor's subcontractors comply
with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where
applicable,failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the ff
General Statutes constitutes Contractor's breach of this Agreement. By executing this
Agreement Contractor affirms Contractor is in compliance with Article 2 of Chapter 64 of the
North Carolina General Statutes.
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B. 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 11A and Article 40 of North Carolina General Statute Chapter 66. {
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12.ENTIRE AGREEMENT
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The parties have read this Agreement and agree to be bound by all of its terms, and frlrther
agree that it, together with specifically referenced documents, 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. Should any conflict arise in the terms of any documents referenced
herein and this Agreement the terms of this Agreement shall be given priority and shall ccntrol
over all other such documents. Should a request for proposals and a proposal be referenced the
terms of the request for proposals shall have priority over the terms of the proposal. }
13.COMPLIANCE WITH LAW/GOVERNING LAW
Both parties agree that this Agreement shall be governed by the laws of the State of North i
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. 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 anti-discrimination laws.
Revised 7/14
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DocuSign Envelope ID:5243DF4F-9C78-4BF5-8878-FB381AlFCDCB
[SIGNATURE PAGE TO FOLLOW]
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DocuSign Envelope ID:5243DF4F-9C78-4BF5-8878-FB381A1FCDCB
IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement,
effective as of the day and date first above written. I
ORANGE COUNTY CONTRACTOR
ct%�Si ed by
kkb t. Na►N�Nt i^�u By sisy:arsseei... BY
County Manager Souna A vice of Eastern North Carolina
200 S. Cameron St. PO Box 270
P.O.Box 8181 Winterville,NC 28590
Hillsborough,NC 27278
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DocuSign Envelops ID:5243DF4F-9C78-4BF5-B878-FB381 Al FCDCB
NORTH CAROLINA FARM BUREAU MUTUAL. INSURANCE COMPANY, INC.
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 13E'IWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER,
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the poilcy(tes)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).
INSURED SOUND ADVICE OF EASTERN NC INC CERTIFICATE Orange County
NAME AND PO BOX 270 HOLDER PO BOX 8181
ADDRESS VANTERVILLE,NC 28590 Hillsborough,NC 27278
COVERAGES
THIS 18 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,
X TYPE OF INSURANCE ADDLSUOR P000YHUMeBR BXP W LIMITS
® COMMERCIAL GENERAL LIABILITY SMP 0129077 7/26/2014 7/26/2015 GENERAL AGGREGATE $2,000,000
-OCCURRENCE AGGREGATE $2,000,000
$2 000,000
GEN'L AGGREGATE APPLIES PER POLICY PERSONALS ADV INJURY $1_,000,000
EACHOCCURRENCE $1,000,000
DAMAGE TO RENTED $100,000
MED EXP(Any one person) $5,000
BUSINESSOWNERS EACH OCCURRENCE $
AGGREGATE $
COMBINED SINGLE LIMIT 1,000 000
AUTOMOBILE LIABILITY (Each ftWonq
®
SCHEDULED AUTOS SAP 2099108 7/7/2014 1/712015 BODILY INJURY(Pat person) $
HIRED AUTOS BODILY INJURY(Per aWdenl) $
NON-OWNED AUTOS PROPO"DAMAGE $
Per ac
ddenl _
❑ GARAGE LIABILITY
(Other}
❑ EXCESS LIABILITY— EACH OCCURRENCE $
OCCURRENCE AGGREGATE
r;"-
® WORKERS COMPENSATION NIA V STATUTORY LIMITS
AND EMPLOYERS'LtABiLITY WC 0225953 4/28/2014 4/28/2015 E-L-EACH ACCIDENT $500,000
POLICY APPLIES TO THE WORKERS
E.L.DISEASE-EA EMPLOYEE $500,000
COMPENSATION LAW IN THE STATE OF NC E.L.DISEASE-POLICY LIMIT
.$600,000 -
OTHME
El
DESCRIPTION OF OPERATIONS t LOCATIONS I VEHICLES:
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED AUTHORIZED REPRESENT
BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE
DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. DATE 7!7/2014' ✓�� ��' ��1� 1
COI 0910
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ou,voign Envelope ID: *xFooCo
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/. 11`^vw6 {n6,,omu'`muu'i,m* and yxau^v^ de4w eqpefiv^'c, we will ymp*, d`, o^y^ui^° m
d,teril`ininuwilx,Product, no,u be"' mom tile P"^h of o`, ou,ige 'ov^t". Covcmmc^,, zh/^ wNynvlic, ^
p,ef,r ,x equipment fim.(c^"yl,'ed)
-1, We will nnrk Ai^|`uCmxK and pwvide^zr,rurY Injo,oumo^mumm mnu,^i'`nU`eAr pr,',m,. va Will Creme
w *pi}`m."/ |k" 6"/ 0mmgp County will use kvppcoli"p,the 6*o6w^m, I6k 60 n18 k, Jnicr amt
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