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Home My WebLink About2014-577-E AMS - AXis Construction Management, Inc. for construction services at the John M. Link Government Services Center $4,052DocuSign Envelope ID: 25C4AB3A -E78D- 4832- AE60- 35DE2C60D113 NORTH CAROLINA ORANGE COUNTY CONSTRUCTION SERVICES AGREEMENT UNDER $50,000 THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement "), is made and entered into this 2nd day of December, 2014 by and between Orange County, North Carolina (hereinafter the "Owner ") parry of the first part; and AXis Construction Management, Inc. (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: December 1, 2014 through December 31, 2014. The Project Commencement Date shall be December 2, 2014. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: four thousand fifty two dollars ($4,052) 3. SERVICES Contractor agrees to provide the following construction services (the "Work "): install new metal door frame, lock and hardware, and paint; and building of demising wall to the underside of suspended ceiling braced to deck, at the John M. Link Government Services Center, as described in attached estimate. 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 10/14 1 DocuSign Envelope ID: 25C4AB3A -E78D- 4832- AE60- 35DE2C60D113 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 http: / /oran eg coun nc.goy/purchasing /contracts.m). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here n/a (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 Revised 10/14 2 DocuSign Envelope ID: 25C4AB3A -E78D- 4832- AE60- 35DE2C60D113 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. DIGITAL SIGNATURES 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 1 I 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. [SIGNATURE PAGE TO FOLLOW] Revised 10/14 3 DocuSign Envelope ID: 25C4AB3A -E78D- 4832- AE60- 35DE2C60D113 IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORANGE COUNTY CONTRACTOR - DocuSigned by: DocuSigned by: By i�ov�,� it �auxw�e V sl t By Q �. ain,, 60�0 Coun 41z'___ AnthWBf€° COO 200 S. Cameron St. AXis Construction Management, Inc. P.O. Box 8181 3808 Durham - Chapel Hill Blvd, Suite 150 Hillsborough, NC 27278 Durham, NC 27707 Revised 10/14 4 DocuSign Envelope ID: 25C4AB3A -E78D- 4832- AE60- 35DE2C60D113 MNa_.TRUCI'IuN_ MANAMMIENT,INC_ 3308 Durham - Chapel Hill Blvd Ste 150 Durham, NC 27707 P:(919) 306 -2796 F: (919) 336 -5108 Estimate No. Email: Abranon @nc.rr.com Estimate No. 1 1531 To: Orange County Government Date: 1 11/7/2014 Attn: Paul Sorrell EIN: Hillsborough NC Attn: Paul Sorrell Email to: Psorrell @orangecountync.ggv Job Address City, State Job John Leak Center Basement Hillsbrough NC Upfit Qty Unt DESCRIPTION UNIT PRICE TOTAL 1 1 1 1 1 Lt Lt Lt Lt Lt Building of demising approx. 12 ft. in length wall with 3 5/8" metal studs and tracks .20 ga and 5/8 gypsum board finished and painted to the underside of suspended ceiling braced to deck. Installaltion of Owner supplied access door including painting Supply and install new door lock Corbin Russwin, storage system (key on one side, free handle on the other) Supply and install new door hardware, including door closer, new hinges and silencers Supply and install new holowed metal door frame including painting `i ( p + /.` a F 2,825.00 245.00 465.00 322.00 195.00 2,825.00 - - - 245.00 - 465.00 - 322.00 - 195.00 - - Total $ 4,052.00 A All prices subject to change, This estimate is good for 10 days. DocuSign Envelope ID: 25C4AB3A -E78D- 4832- AE60- 35DE2C6OD113 Erie CERTIFICATE OF INSURANCE I nsurance —, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY -- Home Office - 100 Erie Insurance Place • Erie, Pennsylvania 16530 - 814.870 2000 Toll free 1 800.458.0811 • Fax 814.870 3126 - vww✓.erieinsurance coin DATE ISSUED (MM /DD/YY) 11/25/14 NAME AND ADDRESS OF AGENCY BAREFOOT & YOUNG INS GROUP LLC AGENT'S NO. C G CO. RAGE_ Co LC ERI 0 - 616 N 1 ST AVE 1,11524 CO,: D ERIE 14,5 RANGE P84PER�1T 8 CASUALTY COfviPAtLY__ KNIGHTDA LE, NC 27545-8506 Co.: E IE INSURf�NCEE F:XCHANGF 1NotAppiicble —j ri0 Indemnity Co „Attorney in Fact _06 1_; 7118 NSl1RAN ^GE_COMPANY OF NEW YORK, (919)217 -5870 ____ This certificate Is Issued for information purposes only and confers NAMEAND ADDRESS oiF NAMED INSURED no rights 'on the certificate holder. It does not affirmatively or negatively amend, extend, or otherwise alter the terms, exclusions Axis Construction Management and conditions of insurance coverage contained in the pol(cy([es) 3308 Durham Chapel Hill BLVD indicated below. The terms and conditions of the policy(tes) govern the insurance coverage as applied to any given situation. limits SLItie 150 shown may have been reduced by claims paid. This certificate of insurance does not constitute a contract between the issuing Durham, NC 27707 insurer(s), authorized representative or producer and the certificate holder. This is to certify that policlos, as (ndicateiJby the Policy Number below, are In force for the Named Insured at the time that the Certificate is being Issued iB Ll ns', __ TYPE _ff NSURAtICE _ _ POLICY NUMBEA.. _ M! 1_ ....( LIMITS I.(- GENERALLIABILITY Q350122062 11/1/14 1111115 !1 COMMERCIAL GENERAL LIABILITY! EACHOCCURRENCE is 1,000,000 FIRE DAMAGE (M One Fire 1,000,000 ❑ CLAIMS MADE ❑ OCCUR _ MED EXP (Any One Person) s 5,000 __. PERSONAL& ADV. INJURY $ 1,000,000 GENERAL AGGREGATE 2,000,000 GENT AGGREGATE LIMIT APPLIES PER! PRODUCTS- COMP /OPAGG $ 2,000,000 I ❑ POLICY [XI PROJECT El LOCi T - (� AUTOMOBILE UABILrrY BODILY INJURY "ANYAUTO° (OWNED NED) (EACH PERSON) $ (_....] OWNED BODILY INJURY FAG ACCIDEN �� HIRED PROPERTY DAMAGE _ -- S ❑ NON -OWNED BODILYINJURYAND i I GARAGE PROCOMBINEDAGE $ i F-] EXCESS LIABILITY i EACH OCCURRENCE ❑ OCCURRENCE _ - -- AGGREGATE _....•--- .._.__ ... _........... is ( .] RETENTION S $ j 1 WORKERS COMPENSATION 8 95 0102849 1 1/1/14 1 1 /1 /15 EMPLOYERS LIABILITY Q _ ACCIDENT $ 1,000,000 EACH ACCIDENT BODILY INJURY DISEASE $ 1,000,000 POLICY LIMIT BY DISEASE $ 1,000,000 EACH EMPLOYEE OTHER DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS John Link Center Basement CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIV- ERED IN ACCORDANCE WITH THE POLICY PROVISIONS. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) 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 endorsement(s). NAME AND ADDRESS OF CERTIFICATE HOLDER Orange County PO Box 8181 Hillsborough, NC 27278 AU HORIIED REP4SENfATiVI - DocuSign Envelope ID: 25C4AB3A -E78D- 4832- AE60- 35DE2C60D113 LONG NAME INSURED: Axis Construction Management, 1,1_C 3 308 Durham Chapel Hill Blvd Suite 150 Durham. NC 27707 8/11 Page 2 of 2