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Home My WebLink About2015-174-E AMS - AXis Construction Management, Inc. for Sheriff's office uniform room in basement $3,000 DocuSign Envelope ID:9E3CE39C-9718-464A-9FEA-98DAC149068D [Departmental Use Only] TITLE Sheriff's Uniform Room FY 2015 ORANGE COUNTY CONTRAc,T UNDER 515,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 9th day of April, 2015, ("Effective Date") by and between Orange County, North Carolina, a body politic and corporate organized under the laws Of tile State of North Carolina, (the '"County"), party of the first part; and AXis Construction Management, Inc. (tile "Provider"), party of the second part; WITNESSETH: For the Purpose and subject to the terms arid conditions hereinafter set forth, the COLinty 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, tinte being of tile essence.- The services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: removal and dispose of all debris in basement rootTl to be used as Sheriffs office Uniform Room; consturct new door rarning and install new door with keys, as per included proposal The term Of this agreement rendered shall be frorn April 10, 2015 to April 24, 2015. Provider represents and agrees that Provider is qualified to perform arid fully capable of performing and providing the set-vices required or necessary under this Agreement in a fully cornpeterit, 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. 1'ayrtncttt. The COLInty agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The arnOL.Int to be paid by the County shall not exceed three thousand dollars, ($3,000). Payment shall be made within thirty, (30) days of air invoice property 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 perl'ortned until such time as said work is completed. I Noti::..waivier Faill1re by County at any time to require the performance by Provider of any of the provisions hereor shall in no way waive or affect the County's right hereunder to enforce the same, nor sharp any Nvaiver 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 contractor 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, Tile Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or-paid by the County on belialf'of the Provider or the employees ofthe Provider. 4. lnsurance Provider shall obtain, at its sole expense, Commercial (".11eneral Liability InSUrance, ALItOn'lobile Insurance, Workers' Compensation Insurance, and any additional insurance as nlay Revised 10/114 1 DocuSign Envelope ID:9E3CE39C-9718-464A-9FEA-98DAC149068D 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.//orarl ,,ec�ojjrityij L�ov/)u�rclqasin ntracts...asp). ............g/go If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the 0\vner's Risk Manager. 5. Indemnity: 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 tile part of the Provider. 6. Termination: This Agreement may be terminated at any tirne by mutual written agreement of the parties or by the County upon written notice to the Provider. 7, Entire Agreement and Signatures: The par-ties 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, 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 I IA and Article 40 of North Carolina General Statute Chapter 6,6. 8. Priority: In deten-nining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between, the terms of referenced documents and the terms of this Agreement. 9, Governing Law: Both paarties 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 tile terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina, 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. 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision ol, or the performance or non-perforniance of., this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina, It is agreed by the parties that no other Court shall have jurisdiction or venue with respect to such Suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing Of Such suit or action, 11. Non Avorooriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding Linder 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. ISIGNA17URE PAGE TO FOLLOW] Revised WIH 2 DocuSign Envelope ID:9E3CE39C-9718-464A-9FEA-98DAC149068D IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVRE# 5DOCUSIgned by: r ocu igned by: By: By: avJU" I brmavu, 60-0- 6n1flfyM&&§er 200 S.Cameron St. AXis Construction Management, Inc. P.O. Box 8181 3308 Durham-Chapel Hill Blvd, Ste 150 Hillsborough,NC 27278 Durham,NC 27707 Revised 10/14 DocuSign Envelope ID:9E3CE39C-9718-464A-9FEA-98DAC149068D = i =31KNAIMENUM,. 3309 Daarham-Chanel Hall Blvd Ste 150 Durham,NC 27707 Estimate � P:(919)306-2796 r:(919)336-5108 Email:.Atmrancan@nc.rr.ctam Estimate No. X547 To* rrell c/o Orange County Gvmt Date: 3/18/2015 Margaret Street EINd 46-3629984 Hillsborough, NC Afar, Paul Sorrell Email to: sorrell(@orangecountVnc.gov Job Address City,State Job Sheriff's Office Uniform Room Hillsborough NC Room upfiit City Unu7t DESCRIPTION UNIT PRICE TOTAL I l..t Removal and disposal of all debris in basement ra orn to l-W rased as 2,105.00 2,105.00 OC Sheriffs Unifb=rocrrn, - 1 Lt Frarn ng liar nov door anti install new door of'a pprox 32"solid core 8954)() 895,00 with mi uneoded amortise lock with:3 keys - Total 3,0 00.tNO Prices Subject to Change,This estimate is valid for 301 days, DocuSign Envelope ID:9E3CE39C-9718-464A-9FEA-98DAC149068D Fill Erie" CERTIFICATE OF INSURANCE DATE ISSUED(MM/00/M vi 12123/14 Insurance-0 —THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY rre Office - 100 Erke insurance Place - Erie, Pennsylvania 16530 , 8 1 4 670 200 O ToP frpe 1 800 458 0511 - Fax 814 870 3126, - vNAv leriensurance com NAME AND ADDRESS OF AGENCY BARFIFOOT& YOUNG INS GR0 (JP.I_1..0 NO, ( 16 N I ST V JJ 1524 iT tiW D EOl t I CASUALI'Y COMPANY KNIGffI"DA1,E, NC 27545-5506 Ca,:F __11E IN H NC CHANCE Not AppFcable rc Indemnity 0 tt In,-Fact( �in NY I r M I Awl Y10 I� 11 F 181E I- R 9K ...... (919)2 17-5870 a IA�V' I '� A�jY This certificate is Issued for information purposes only and canters no tj IuS 00 the Certificate 1101401. 11 10eS not 81141natiVel Or negatively amend,extend,or otherwise after the terms,exclusions Axis Management an conditions at Insurance coverage ontained in the policy(its) Indicated below.The terms and tend lions of the:poficy(ies)govern 3308 I)LO-hilin Chapel Hill BI,Vf) r the insurance coverage as applied to any given situation.Limits SLAiC 150 shown may have been reduced by claims paid:.This certificate of insurance does not constitute a contract between the issuing Durharn, NC 27707 insurer(s), authorized representative or producer and the ticertificate holder, This is to cork fy that pqI ciqs,as indicated by thp7P _1c at the firrie that the Certificate is beog Issued. 2y_Nprphpr bqJow,ark�n force fo,r the Nwried Insured Cort f NEW UMITS & TYP�OF INSUR Y GENERAL Ll"IlL Q35 0122062 1/1/15 EACH OCCURRENCE 00� $ .-..!j 0 LO L X]COMMERCIAL GENERAI,LIABIHTY F1 _AMAGE��n!(�nq fire $ R-Erp .. -1 - 1,000.0) CLAIM!S MADE OCCUR �5 r " ,000 PERSONAL&ADV. .. . NJU_RY L$ ....... GENERAL AGGREqATE 000 0, GFN'L AGGREGATE LIMIT APPt IES PER.,, PRODUCTS CO Y) -1 PROJEcr El Loo -_C0 ML29. r_-1 POIJ CY FX AUTO 1MOB IlLE UABILDrY BODILY INJURY 'ANYAUTO"(ON NE D CI � o'AIRED, (EACH PERSON) $ ED) BODILY INJURY OWNED CCIL NTL HIRED PROPERTY DAMAGE S NON-OWNED BODILY INJURYAND PROPERTY DAMAGE GARAGE COMBINED EXCESS LIABILITY EACH OCCURRENCE AGGREGATE RETENTION' s WORKERS COMPENSATION& 1 ......................... ........ ............... EMPLOYERS LIABILITY Q95 0102849 1/1/14 11/1/15 BODILY ACCICENF $ 1,000,000 EACH ACCIDENT INJURY DISEASE $ 1,000,000 POLICY LIMIT BY DISEASE $ 1 ,000,000 EACH EMPLOYEE OTHER DESCRIPTION OF OP,ERATIONS/LOC,ATIONSIVEHICI.ES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS 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: It the certificate holder is an ADDITIONAL INSURED,the poficy(ies) must be endorsed.If SUBROGATION IS VHAIVE6,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 or"Inge County Goverliment AU I HDR0.1)REPRESENTATIVE PO Box 8181 lliflsborough,NC 27278 �7 W36�'40 DocuSign Envelope ID:9E3CE39C-9718-464A-9FEA-98DAC149068D LONG NAME INSURED: Axis(I onsn-tiction Management, LLC 3308 Durham Chapel Hill Blvd SUitC 150 Durham,NC 27707 E3230 8/2 ;eta!