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Home My WebLink About2015-183-E DEAPR - Axis Construction Management, Inc. for renovation at Board of Elections $2,286.25 DocuSign Envelope ID:98E711 B6-8A9E-44E0-AF98-ED999B21 FKA NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 5th day of April, 2015 by and between Orange County, North Carolina (hereinafter the "Owner") party 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: 4/13/2015 through 5/1/2015. The Project Commencement Date shall be 4/13/2015. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: two thousand two hundered and eight six dollars and twenty five cents ($2286.25) 3. SERVICES Contractor agrees to provide the following construction services (the "Work"): See attached Estimate 1549 from Axis Contrustion Management,dated 3/19/2015. Covers the replacement of the tile floor in the Board of Elections building. 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:98E711 B6-8A9E-44E0-AF98-ED999B21 FKA 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 ham://orangecountwgov/purchasing/contracts.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 Revised 10/14 2 DocuSign Envelope ID:98E711 B6-8A9E-44E0-AF98-ED999B21 FKA 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:98E711 B6-8A9E-44E0-AF98-ED999B21 FKA IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORANGE COUNTY CONTMTPR DocuSigned by: � 'I . By jOV�,l�t tf �auhwlt V S By Qv vul �. (�jV ain blti� C�� DE8" FIEEF4,80_ Coun y ariagei Axis Construction Management, Inc. 200 S. Cameron St. 3308 Durham-Chapel Hill Blvd. Ste 150 P.O. Box 8181 Durham, NC 27707 Hillsborough, NC 27278 Revised 10/14 4 DocuSign Envelope ID:98E711 B6-8A9E-44E0-AF98-ED999B21 FKA IIIIIIIIM �I � VIII 105 Atkinson Ct.Apex,NC 27502 PH:(919)306-276 IX'919'anon @nc,rr,com 336-5108 abr Estimate N ...111111 Est 5 To: Alan Dorman c/o Orange County Gvmt Date: 3/19/2015 Margaret Street EIN: 46-3629984 Hillsborough, NC Attn: Paul Sorrell Email to: psorrell @oranecountync. ov Job Address City,State Job Board of Elections Hillsborough NC Bathroom Upfit Qty Unt DESCRIPTION UNIT PRICE TOTAL 125 Sft Demolition of existing bathroom floor,including rremoval and disposal 3.25 406.25 of debris - 125 Sft Supply and apply self-level floor conditioning to receive new floor 3.52 440.00 125 Sft Supply and install procelain mesh mounted mosaic selected colors 11.52 1,440.00 Total $ 2,286.25 Prices Subject to Change,This estimate is valid for 30 days. TfIANAo' 11061 FOR A06IR 466191N4881 DocuSign Envelope ID:98E711 B6-8A9E-44EO-AF98-ED999B21 F3CA Erie CERTIFICATE OF INSURANCE DATEISS2UED(MM/DONY) nsurance /23/14 --THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY--- Home Office • 100 Erie Insurance Place o Erie. Pennsylvania 16530 • 814,870 2000 Toll free 1 800 458,0811 • Fax 814,870 3126 • www erieinsurance com NAME AND ADDRESS OF AGENCY BAREFOOT& YOUNG INS GROUP LLC AGENT'S NO LRpf� AAOR lz_L.UVLI'�GE .. d . I 616 N 1ST AVE JJ1524 Co.: E ERIE Indemnity INSURANCE AtHANGE n Fact(N (��YivY KNIGHTDALE, NC 27545-8506 y Not A Applicable , i�,IA.CL COQ YF YORK (919)217-5870 p ly and confers ®... ......—. - - . This certificate is issued far information purposes o NAME AND ADD no 1 on the certificate holdorw lit does not. affirmatively or RESS OF NAMED INSURED i no at vel amend,extend,or otherwise alter the terms,exclusions Axis Construction Management and conditions of insurance coverage contained in the policy(les) 3308 Durham Chapel Hill BLVD indicated below.I he terms and conditions of the policy(ies),govern the insurance coverage as applied to any given situation.Limits Sutie 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. r the Named Insured at the time that the Certificate is being Issued,, This sl to Uer11 TYPE, F INa11RAh-0CE Indicated thn.Poky are In force for S a _ CY 1 GENERA L LIABILITY EACH OCCURRENCE 1,000,000 MMERCIAtGLNERAI LIABILITY Q35 0122062 11/1/14 11/l/l5 (Any � e $ CO FIRE DAMAGE An Oni LAPS 1,000,000", f „I MAIMS MADE L _I OCCUR MED EXP(Any One I'eison) $ 5,00 ......... &ADV.INJURY 1,000000 PERSONAL .a�_�� ._.... ❑ GENERAL AGGREGATE S - 2,000,000 GENT AGGREGATE LIMITAPPLIES PER PRODUCTS-COMP/OP AGG$ 2,000,000 ❑POLCY [N]PROJECT ❑LOC AUTOMOBILE LIABILITY BODILY INJURY "ANY AUTO"(NON OWNED) (EACH PERSON) $ .0 OWNED BODILY INJURY EAC( ACCIDENT I.. .$. HIRED PROPERTY DAMAGE $ BODILY I� NON-OWNED J �❑ GARAGE PROPERTY COMBINED AGE $ I EXCESS LIABILITY EACH OCCURRENCE C� OCCURRENCE . AGGREGATE _.,m.....$..,...,....... RETENTION $ $ EMPLOYERS LIABILITY Q95 0102849 1 1/1/14 1 1/1/15 f WORKERS COMPENSATION& BODILY ACCIDENT $ 1,000,000 EACH ACCIDENT INJURY DISEASE $ 1,000,000 POLICY LIMIT ry BY DISEASE $ 1,000,000 EACH EMPLOYEE OTHER I DESCRIPTION OF OPERATIONS/LOCA:fIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED B EFORE 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 Government AUT'JOI'I17H)REPRESENTATIVE PO Box 8181 Hillsborough,NC 27278 g Li6�G�a��i t W DocuSign Envelope ID:98E711 B6-8A9E-44E0-AF98-ED999B21 FKA LONG NAME INSURED: Axis Construction Management,LLC 3308 Durham Chapel Hill Blvd Suite 150 Durham,NC 27707 EIG6230 8/11 Page 2 of 2