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Home My WebLink About2014-443-E IT - Sound Advice of Eastern North Carolina for AV Installation - Southern Human Services Center Mtg. Room $49,852.49 J DocuSign Envelope ID:AD6D8CD2-28FD4F15-996543AC4901AB94 j- r NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT(hereinafter"Agreement"), is made and entered into this 4th 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"),party of the second part; 1 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 4,2014 through October 31,2014. The Project Commencement Date shall be August 4,2014, 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: Forty Nine Thousand Eight Hundred Fifty Two Dollars and Forty Nine Cents($49,852.49) 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 SHSC Meeting Facility"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 1 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. 1 Revised 7/14 1 DocuSign Envelope ID:AD6D8CD2-28FD-4F15-9965-43AC4901AB94 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 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(30) days'written notice to the Owner, and the Owner may terminate this Agreement upon thirty (30) 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 Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as 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 h=.Horan eg cgppMc.Wv/purchasing/conglgLs asp). If Owner'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). Contractor shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager, 8. INDEMNIFICATION Contractor agrees to defend, indemnify,save,and protect Owner and Owner's lender, 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. Contractor is responsible for 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. 10.NON—APPROPRIATION i Revised 7114 2 I DocuSign Envelope ID:AD6D8CD2-28FD-4F15-9965-43AC4901AB94 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. 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.E-VERIFY AND DIGITAL 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 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, 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. 12.ENTIRE AGREEMENT The parties have read this Agreement and agree to be bound by all of its terms, and further 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 control 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 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. f Revised 7/14 3 DocuSign Envelope ID:AD6D8CD2-28FD-4F15-9965-43AC4901AB94 [SIGNATURE PAGE TO FOLLOW] I i i I Revised 7/14 4 DocuSign Envelope ID:AD6D8CD2-28FD-4F95-9965-43AC4901AB94 IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORANGF,COUNTY CONTRACTOR �-w-by: ByvAk e�"j E- County Manager Sotiiid KcMicc of Eastern North Carolina 200 S. Cameron St. PO Box 270 P.O. Box 8181 Winterville,NC 28590 Hillsborough,NC 27278 Revised 7/14 5 dbiq -qq3 - E- DocuSign Envelope ID:AD6D8CD2-28FD4F15-9965-43AC4901AB94 PO Box 270 0 Wiriterville,NC 28540 T(252)355-1111 F(252)358.1113 00 contact@saenc.com DP EASTERN NORTH CAROLINA w•.v.sctenc.cr�aa Design Implementation/)n9tallation of AV Systems for the SL ISC Mecting Facility ()i^angr`tnuttlh'Cisrdi;>`twit!ai -Jeff 7hrttttpsoi2 ; 1:31 'NX61\lafgare t I anc F1illshcacott t2,?:f 27279 t 3 tZ I lraign tlns€nlCntirrtt of 'W Vstmt,,tit tltt. iH t: p12,tsc l l&113 upz,rtidrs July >>>,21.214 i\t are mttkittc€hi!>ticstrn/u2st:211aticarL prapc al:is cauthuecl ltelt,it; f 1, hitrrtl E'wduaticm of radky--Onpoiug prod,..Ihroagh working tvnh i_ttrnmis aancc.,glee infix {(.:cnnpl�;tcxll 2. tint adth ket• individmils empkryt•d i>y' lilt, ctumty to con irttt deeme=d usage of .11' sr+teals within the facility, AS poshible:2nd ucce+sary,delmoworarc prodkwts and idea, for atssiMamc in nmking:m eilticattcd decision, tic feel this IN•set itnptrtttiv'c tirtr Gtt:p to arlitnilmly ate}=tt'asr xl mommi aut(I l`acilit-A";l tttxit-4 +chcdult-."c0iltpleted) °. Phrt,ut,h .inlitxtn.ttst�tt t atlicrt!tl from y(mr sta f and prcxiou d+t�igii ogiuricnra,wi: will prn6de the o wm-su in dt:tcrittining ti teat produt:ts tvettlld 1)s!tt nwo flit- c,mils of tht! d:)r:tng a Colulli' clmi:rtk)liml 'I'hi,will produce :2 preferred equipment list, t. We will w't,t{y 15°€ell d_}(.5ritld ;tlul lrrrai'ftl+'iM(C('.ti4iiri'tat tr,i ttt;Lliol%Ice theme colleeriling 11te AV svoun),s.\fie will conire au cquipntrnt lim Clio derange d_otalq.wig Ilse for ptoculiny the nucestory lim.dw•ttic. 1`1-us lisr will be device and 1230dt4 spe-Liftc:,rc,cn ins the intectityr of the de-;tp and imetitled cxitcninc, ti. 'Phis ttl;teenleill will 1>t using a 60/40 split,with 6tt'�,rem rued for hurdw:rv.'c:�Illhnp needs and (he_ttetditional rtrcrveil 12x dcsit;n/in stvdlafins I>Yhor.'tl2clur,tjcctc:d lt:,l:d butigci ruir this ltrtiit ct is St60,000.Prrticct desig;t)is ctynt- plot- lahm co'i f(rr illiti ltivjccl,a+tic•!;iglicd pir l'haYn li & Ill Equipment f..is€ Spreadshect RI.m-ill not exceed)1`1,812.-Q, \t<r Neill do nionthly progic4s billing,. i VVe appreciate ncc•opt i-munity to work with t-,ml miJ ,mtr group on tlu• ,W +stem for Illc m•tv 0i utg c Ct!rtnl} S14SC j t'lrtse tl&Ill ttpt;rm4:,. `i',dYtk rant liar your ctyuGdt•ucr iu Smtnd.Advico- IJbtuicl �• `Yr l'rrtiielent,Stsnncl.\tVt•ice I DocuSign Envelope 1D:AD6D8CD2-28FD-4F15-9965-43AC4901AB94 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 BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the pollcy(fes)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 endomement(s). INSURED SOUND ADVICE OF EASTERN NC INC CERTIFICATE Orange County NAME AND PO BOX 270 HOLDER PO Box 8181 I ADDRESS WINTERVILLE,NC 28590 Hillsborough,NC 27278 COVERAGES 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. x TYPE OF INSURANCE AOOLSUDR POLICYNUM13ER EFF POLK: EXP LIMITS ' COMMERCIAL GENERAL LIABILITY SMP 0129077 7/26/2014 7/26/2016 GENERALAGGREGATE s2,000,000 .00CURRENCE PRODUCT$-COMPIOPS $2,000,000 AG REGATE GEN'L AGGREGATE APPLIES PER POLICY PERSONAL&ADV INJURY $1,000,000 EACHOCCURRENCE $1,000,000 wal GEr R ED $100,000 MED EXP(Any one person) $6,000 EACH OCCURRENCE $ BUSINESSOWNERS AGGREGATE $ AUTOMOBILE LIABILITY `achooEIDa nit'GLE LIMrr $1,000,000 ® SCHEDULEDAUTOS BAP 2099108 7/7/2014 1/712016 BODILY INJURY(Per person) $ HIREDAUTOS BODILY INJURY(Porro"A) $_— NON-OWNED AUTOS >p oPE DAMAGE $ i] GARAGE LIABILITY (Other) EACH OCCURRENCE $ ❑ EXCESS LIABILITY— $ OCCURRENCE AGGREGATE NIA WC STATUTORYLIMITS : AND EM LOYERS LIATI IT WC 0225953 4/28/2014 4/2812015 $500,000 AND EMPLOYERS'LIABILITY E.L.EACH ACCIDENT POLICY APPLIES TO THE WORKERS E.LDISEASE-EAEMPLOYEE $500,000 COMPENSATION LAW IN THE STATE OF NC E.L.DISEASE-POLICY LIMIT $600,000 OTHER: DESCRIPTION OF OPERATIONS i 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 71712014 Col 0910 `I