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Home My WebLink About2015-216-E AMS - AXis Construction Management, Inc. for prep and paint with County color and final clean at Visitors Bureau $6,780.30 DocuSign Envelope ID: 5004353C-17AB-4010-9OB4-B1COAE44672A NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER $50,000 ORANGE COUNTY '1"'HIS CONS'I'RUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 15th day of May, 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 ofthe second part; W ITN E S S E 'r H: 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. L T E R Beginning and ending dates of contract: May 15, 2015 through May 31, 2015. The Prqpect Commencement Date shall be May 15, 2015. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: six thousand seven hundred eighty dollars and thirty cents ($6,780.30) 3. SERVICES Contractor agrees to provide the following construction services (the "Work"): paint two coats of County sleeted color, and handle furniture and protect carpet in sourrounding areas; then perform final cleaning at the Visitors" Bureau, located at 501 W Franklin Street, in Chapel Hill, 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. Revised W/14 I DocuSign Envelope ID: 5004353C-17AB-4010-9OB4-B1COAE44672A 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 perfori-rain g 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 pennitted under state and local law to perform such construction services. It is further agreed that Contractor will obey all State and Jaederal 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 all 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 rnay 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 tile addresses as shown on the signature page to this Agreement. 7. INSURANCE REQUIREMENTS Contractor shall obtain, at its sole expense, Conitnercial 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 ()range County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at litt,l)://or,,iiige:counlyric.,00v/ptirchasiiig/conti°acts,m). It' Owner's Risk Manager determines additional insurance coverage is required Such. additional insurance shall be designated here n/a (if no additional insurance require([ mark N/A as being not applicable). Conti-actor 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, tile Conti-actor'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 tile performance of this Agreement. It is the intent of this section to require Contractor to indemnify the Owl-ter to the full extent permitted under North Carolina law, 9. NON-ASSIGNMENT (I 'ontractor shall not assign all or any part of this Agreement, including rights to payments, to any other party without the prior written consent ofthe Owner. 10. NON—APPROPRIATION Rcv�scd HW4 2 DocuSign Envelope ID: 5004353C-17AB-4010-9OB4-B1COAE44672A 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 of hereto evidence the intent of the Parties to comply with Article I I A and Article 40 of North Carolina General Statute Chapter 66. 12. ENTIRE AGREEMENT J'he 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 tel el'acs 1 mile 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 Agreeirient 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. [SI(3FNAI1.JR.I,1 I)AGE J-0 FOLLOW1 Revised 10/14 3 DocuSign Envelope ID: 5004353C-17AB-4010-9OB4-B1COAE44672A 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 b6t&�uit, ( Mvtic,v�sut By Coun M�5� '..: AXri -Management, Inc 200 S. Cameron St. 3308 Durham-Chapel Hill Blvd P.C. Box 8181 Ste 150 Hillsborough,NC 27278 Durham,NC 27707 Revised 10/14 4 DocuSign Envelope ID:5004353C-17AB-4010-9OB4-B1COAE44672A 3308 DUrhw-n°Ch-,)pel HH1 Blvd Ste 150 Durham,NC 27707 Estimate P:(919)306-2795 r:(919)336-,1016 r Finaih At?r3r1ellCrb,9r.rr,corn, Estimate No. 1 1538 To: orman c/o Grange County Gvmt Cate: 2/4/2015 Margaret Street EIN: 46-3629984 Hilllsborough, NC ,Attn: Alan Dorman Email to: laclormanporangecountync.gov Job:Address City,State ,lob Chapel HiiH Visitors Bureau Hillsborough NC Paint Qty Ulnt DESCRIPTION UNIT PRICE TOTAL 6256 Sit Interior Paint sdec:ted color SW Prornar 200 primer + 2 coats 0,85 5,317.60 1 11 i"Urniture handling 480M0 4800) 1. La Protection ofcarrpet ari surrounclin,-areas 275,00 275,00 2022 Lt Final(Icaning 035 707.71) Exclusions. No Electrical,Mechanical.Plumbing.millwork involved. - Total 6,780.30 Priices Subject to Change,This-estimate its valid for 30 days. DocuSign Envelope ID: 5004353C-17AB-4010-9OB4-B1COAE44672A ANN+'rl�Y Erie CERTIFICATE OF INSURANCE rl I r e - T"I#IIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONU— r t,;TS orr n4 ,r r �t 455 E F a,F 6 4 8.;tr 31241 — _ * I �Nr ._.......__ _--- — , AGENT'S NGt, ��C,.E � � hIA�fT NDA[DRESSOfAGFNCY BART-FC7�.11 K 1�'(�'6<.IS6 I�i�+CritOU tl.�_G. " ��i �(�MPd�iWY i.l 157h wl IIC �IRAtf Sl2A fi f fb i k J I S"I ,h,w i. ; f It IFfStIR f�C (1N�IIA I al_ 'mt A1J�rIIr�:aWe) fCliiCilili�r i_I:. @ G: 77;<I -Ff>Gsf' rDlrlbc DX 1, +l, ttor,oy,ln act � IrNY l ewa F °'HI INS" "C 1 P4Y nr �� ' ! ibis certiticafe is isle l for Ir ern�la�lo poses only acrd canffrs C,XI �1 7 r•. " 7 . - no rls�tpts an the certificate bmfdere It dams not a @firrnatleefy or J terms androndffions�et he pmlt (1 s)govern Meatentl,or otherwise fled It any given sI u ,. PIAMF 40 4L 0RESS DE P;V� b iNSUaED negatively amend,e 11xl ,rhC156GLNC,fltln tDD�rgc¢'ita:°r16 and conditions of insurance covera+a contained In the pofic ies indicated bcluur The YNC" the insurance coverage as app shown may have been reduced by clarets paid.This certificate of tfClfi CTelrhsln E�Irtirpr�I t�lulf insurance dogs not constitute a lwntrart between the Issuing Lrurlmr�DIL1 t1,11 ('113I) Insurerisl, authorized reptesentaffve or producer and the y I cerfificatt holder. ,,,,�„�, ,, ..�.... TN16 i5 fta cw"rfi ii�a�p011r,ir�S a51f1dIC$'fo ttl";:hC B�gIR'"} ftlt'rY 7 r J�E.kG3,M c1r�"G'�"X`S,A lorce w.a f�5 �r�� f9rr7e'Gh+t the .,�'c"diG1"ritw CS fl''. M1 u. ry N N� 1 Addl IYFi 061"Ms4iR#AWC� G p�t NS ,,. e G f, 11.4r4.1 f e o Pot ICY EACH ULCMJiI6tENCE i GEREPAL LIABILITY o17 rr1r�? 6 i r6 14 i I'1/1 i --- - CNIAGG A 4v ENahr $ I Ip �fLI&dp W 1.. COMMERCIAL BE14ERAL LIABIL" INEDEJGf'Agyl�V S CIAMS MADE �L� . j OCCUR PERSONA L E AIaY1.YNJLBAI" $ �VX iG1.°:r�1ip _ ��I;.1N61Xw� PRQGYIfL'y AGNIRE&��1N _ r Ga6NE xn G G)$wIPBGP AGG S C,ENtl'l ASxCRt.CNYTFi l.INalt APPLIES PER: _ C i MOJECf C Gw _. .. ._ .... .._._ ._,., __..,...._.,_ BoDItY INJORY AUTOMOBILE LIABU.JTY (EACH PERSON ""r "ANY AD U"lND O3 N1E J A fiJfLV IYfl Y 4Ry I OWNED j _.. ..rv. _ _...,m...., . ..._w...m . PROPERTY . DA4MfEt AI 6E ,$ HIRED BODILY IN URYAND PSDPRTYDAMAGE NON-OWNED CotASINEJ S 8GAAGI . _ .. p IVCF_ ,S EXCESS LIABILITY AG;GtdE TAtE .� pCCJIRRENCE RETENTION S - I- WORKERS COMPENSATION&�� Q 9 5 11I f 128"t 5X � ��i�I"I V i n� BO ILY Arc CIOENV S 1 NMG.�fI,f{lU EACH ACCIC7ENJ' EMPLOYERS LIABILITY N9URY 06EASE S I f110j,00POLIG�YUm[T BY DISEASE S i 11(1O,(00 VACH Fr�hPwO OTHER UESC ERATIfJI'SdLOCATIOfJSY1NEHtG.I.ES;rEXG.LU"aIGIIXS 1SEYEffJaPECL IPFC1ISfDfS AOOO BY EID MPTI tP . CANCELIATIOW SHOULD ANY OF THE ABOVE DESCRIBED i'i1L.It iE BE CANCELLED BEFOFaETHE E�i'11TA8�IUXd L1ATFTFIL EC3Fa NCIIf EKED IN ACCORDANCE WITH THE POLICY PROVISIONS, IMPORTANT: If the certificate holder is an ADDITIONAL I'N"SURM the IcO11Cy�ies)must be ehu�G�rSCd.if SDBROO��111 N iS twAI�L�O.subject tXN the terms and cnndXtjDns�of the pclilcy,certain p0f Cr eS rTay requ4e an endorsement,A statement On fh6.9 clNrtlf sate oA nct Confer rights to the certificate hollder in fieu of sect' r ndOrsrrinentirl NAME AND AOOpTESS O CERTIFICATE HOLDER AaDrOWI OMPRE E i.dArY�r: I'G711�u�u(;G�p`�XII IAII�Fe,ruul+.'NA 2727 _..__._....w _ ._.._... . i it r��31°1 P,1,