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Home My WebLink About2015-227-E AMS - Advanced Door Automation to furnish and install automatic door equipment at SHSC, WCOB and Justice Facilities $13,387 DocuSign Envelope ID:75693651-8CDD-4BC3-B32F-F46CD5C2FD4B NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY 'FHIS CC; NS'FRIJ010N AGREEMENT (hereinater "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 Advanced Door Automation (hereinafter the "Contractor"), Tarty 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. I. TERM Beginning and ending dates of'contraa May 15, 2015 through Julie 26., 2015. "I'lle l3ro.ject Commencement Date shall be May 18, 2015. 2. MAXIMUM AMOUNT PAVABLE Dollar Amount Not to Exceed: thirteen thousand three hundred eighty seven dollars ($13,387) 3. SERVICES Contractor agrees to provide the following construction services (the "Work"): furnish and install automatic door equipment at 2551 Homestead Road, 131 W Margaret Lane and 106 E Margaret Lane, as provided in attached proposals. 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 conStRIction 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 oil 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 Linder the terms of this Agreement, Owner may, without I'ault or penalty, withhold any payment associated with the Work to be performed until such time as said work is completed. 5. RELATIONSHIP OF PARTIES Rvvised W/14 DocuSign Envelope ID:75693651-8CDD-4BC3-B32F-F46CD5C2FD4B Contractor is an independent contractor of the Owner. Contractor represents that it has or will secure, at its own expense, all personnel required in perforn-iing 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 'F his 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, Corrimercial 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 bttoW-//ora.ii6)recountync.gov/i,)tircliasiiig�c.o.n,tracts.asv), 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. S. INDEMNIFICATION Contractor agrees to det'end, indemnify, save, and protect Owner and Owner's lender, if any, harmless from and against any and all claims, liens, liabilities, losses, darnages, 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 ornissions caused by its agents, contractors, employees, or assigns in the per6ormance of this Agreement. It is the intent of this section to require Contractor to indeninif the Owner to the all 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 Rcvscd IW4 2 DocuSign Envelope ID: 75693651-8CDD-4BC3-B32F-F46CD5C2FD4B 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 Agreern,ent, 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 tinder this Agreement, then this Agreement shall automatically ten-ninate 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 I I A 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 Land 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 tile 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 FOU,OW] Revised 10/14 3 DocuSign Envelope ID: 75693651-8CDD-4BC3-B32F-F46CD5C2FD4B 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 6t&VUR, �Mvtivsu'� By Fw 4&4 5E477 County vaneddIM&AMtornation t—y"tanager 200 S. Cameron St. PO Box 61678 P.O. Box 8181 Durham,NC 27715 Hillsborough,NC 27278 Revised 10/14 4 DocuSign Envelope ID:75693651-8CDD-4BC3-B32F-F46CD5C2FD4B Advanced Door Automation "Op enhigs made ea5l)7" 02/11/15 Seymour Proposal Jeff Thompson Re: Seymour Center Orange County Asset Management Svcs. 919245-2626 919-201-0192 P.O. Box 8181 Finish: Clear Anodized Hillsborough, NC 27278 JEThompson@OrangeCountyNC.gov We appreciate the opportunity to provide you with this proposal for automatic door equipment: Item Oty. Model Description Wellness Center 1. 1 7100 Horton Automatic Easy Access Single Surface Handicap Operator 2. 2 PBS-1 Push Plate Wall Switch -PUSH TO,OPEN & Handicap Logo-R/C Restroorns 1. 2 7100 Horton Automatic Easy Access Single Surface Handicap Operator 2. 4 PBS-1 Push Plate Wall Switch-PUSH TO OPEN & Handicap Logo-R/C 1 2 SDP Single Cylinder Deadbolt Lock with Interior Thumbturn 4, 2 LIVIL Close Monitor Outside Push Plate Cut Off Switch 5, 2 32D Push Pull Set Lowe evel Entry '1101* 10 1.ell r 1 100 Horto�Automatic Easy,,�d6ess Single So9ze Handicap,eperator 2 PBS-1 Pu Plate Wall SwitpK-PUSH TO Handle Logo-RJC T�pe=Nlt& H 1 /ALB Hp/rtzontal Alumin Bar for Arm mina ion Wellness Center $ 1,910.00 Restro,oms (2) $4,760.00 Total Price $ 8,614.00, Installed. Price includes all applicable taxes. Terms are net 30 days. Delivery 3—4 weeks estimated but not guaranteed. Exclusions: 1. 120VAC 5 amp service routed into each operator housing on door lock end of header Notes: 1. Work to be performed during normal business hours, M-F from 8-5. This proposal is respectfully submitted by: Accepted by: Henry Rutledge P.O. Box 61678 — Durham, North Carolina 27715 1-866-577-0232 Toll Free 919-384-0232 Phone 919-384-0234 Fax DocuSign Envelope ID: 75693651-8CDD-4BC3-B32F-F46CD5C2FD4B Advanced Door Automation "Openings niade easy" 02/11/15 410ORCBZ Proposal Jeff Thompson Orange County Asset Management Svcs. Re: 106 E. Margaret Courthouse P.O. Box 8181 919-245-2625 Hillsborough, NC 27278 919-201-01912 JEThompson OrangeCountyNC.gov We appreciate the opportunity to provide you with this proposal for automatic door equipment: Item Qty. Model Description 1 1 4100 Horton Automatic Hercules LE surface,applied electro-mechanical swing operator to automate one existing single door - Dark Bronze Anodized 2. 2 PBS-1 Push Plate Wall Switch, -PUSH TO OPEN & Handicap Logo-Radio Controlled 3. 2 TD433 Transmitters 4. 1 RD433 Receiver Unit Price 12,19,4. 00 Installed. Price includes all applicable taxes. Terms are net 30 days. Delivery 4—6—weeks estimated but not guaranteed. Exclusions: 1. 120VAC 20 amp service routed into operator housing. 2. Doors and frames. 3, Door work and hardware required to remove latching during automated hou:rs. Notes: 1. Work to be performed during normal business hours, M-F from 8-5. 2. Add $ 260 for brass push plates in lieu of stainless steel. This proposal is respectfully submitted by: Accepted by: Henry Rutledge P.0. Box 61678—Durham, North Carolina 27715 1-866-577-0232 Toll Free 919-384-0232 Phor ne 919-384-0234 Fax DocuSign Envelope ID:75693651-8CDD-4BC3-B32F-F46CD5C2FD4B Advanced Door Automation "Openings made ea. y" 02/11/15 410ORCCL Proposal Jeff Thompson Orange County Asset Management Svcs. Re: 131 West Margaret P.O. Box 8181 919-245-2625 Hillsborough, NC 27278 919-201-0192 JEThompson@OrangieCou!ntyNC,gov We appreciate the opportunity to provide you with this proposal for automatic door equipment. Item Oty. Model Description 1. 2 4100 Horton Automatic Hercules LE surface applied electro-mechanical swing operator to automate one existing sipgle_door -Clear Anodized 2. 5 PBS-1 Push Plate Wall Switch -PUSH TO OPEN & Handicap Logo-Radio Controlled 3. 5 TD433 Transmitters 4. 2 RD433 Receiver Unit Price $4,53100 Installed, Price includes all applicable taxes. Terms are net 30 days. Delivery 4—6 weeks estimated but not guaranteed. Exclusions: 1, 120VAC 20 amp service routed into operator housing. 2. Doors and frames. Notes: 1, Work to be performed during normal business hours, M-F from 8-5. This proposal is respectfully submitted by: Accepted by: Henry Rutledge P.O. Box 61678—Durham, North Carolina 27715 1-866-577-0232 Toll Free 919-384-0232 Phone 919-384-0234 Fax DocuSign Envelope ID: 75693651-8CDD-4BC3-B32F-F46CD5C2FD4B --i3�IE�(MM/=YYYY- ACC>RfY YY) CERTIFICATE OF LIABILITY INSURANCE "'YY 11111 71/2015 F 5/(,f2(}1.5 m ' 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 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). CQACT PRODUCER LOCKTON COMPANIES N 09, All 2 100 ROSS AVENUE,SUITE 1400 (PAr Ne,ExtIL IFA,C,No): DALLAS,TX 75201 E-MAIL 214-969-6700 AUDIRLS& I INAWMR15)AEEQRDINQ�QQVERAQL NAIC INSURER A: Federal Insurance Company 20281 rNsuRED Door Services Corporation INSURER B:: Ironshore Specialty Insurance Co 25445 1342188 dba Advanced Door Automation iNsuRER C Mitsui SunI Insurance Co ol'America 20362 PO Box 61678 Durham NO 27715 -MSUREa Q Chubb lndemnI! Insurance Company 12777 INSURER E INSURER F COVERAGES, OVEDOO I CERTIFICATE NUMBER: 13473293 REVISION NUMBER: XXXXXXX THIS IS 10 CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHs,rANDING ANY REQUIREMENT,TERM OR CONDIVON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH PHIS 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. TYPE OF INSURANCE ADDL, POLICY NUMBER LIMITS fiso VM IIQMYE)ffy�Im"'Mohilcow0py C X COMMERCIAL GENERAL LIABILITY Y N GI,2122489 1 W 1 14 10/112015 EACH(XCURRENCE 2,000,000 OCCUR A AGE To RE 1,000,000 MISL CLAIMS-MADE rX I FIRM =S IE.r rcoi X. SIR apphe�jvr MEDEXP An one person� 10.000 pi2lic),uum&'cond- PERSONAL&ADV INJURY s 10001000 GEN'L AGGREGATE UM IT APPLIES PER: GENERAL 4GGREGATE s 4,000,000 PR O, POUCYE-1 JECT F-1 Lrx: PRODUCTS-CGMP;0P AGO $ 4.000 000 OTHER $ A AUTOMOBILE LIABILITY N N 73570693 10/1�12014 10/1/20 15 IC SINGLE LIMIT EqMRINEI'l SING .. �Oe'tl s 1,000.000 X ANY AVTO BODILY VNJURY lPer person) $ XXXXXXX ALL HEDULED U78WNEO BODILY INJURY IPer accdent $ XXXXXXX A S AUTOS I-IREDAUTO X NRrN WNED PROP TY DAwoaGE $ XXXXXXX iPer acc4denfi $ XXXXXXX B X UMBRELLA LAB X OCCUR N N 001165903 10/1/2014 110/1,12015 EACH OCCURRENCE $ 10,000,000 EXCESS LIAR 1CLAIM5-MADE AGGREGATE. S 1()000,0'00 or-o I X I RETENTION$W,000 S XXXXXXX A WORKERS COMPENSATION 1/2015 'RT-T I JOTH- AND EMPLOYERS'LIABILITY YIN N 71740814(AOS 10/l/2014 TO/ E D 0MCERIMEMSER EXKUMI 71747712 (MA,6 10/1/2014 E� EATIPACCIDENT S 1,000,000 ANY PF40P',RWI0rWAA I&WFxMPTNE rm-d.I.ry 1.NH) FN N)A T" I J)00.000 U"s,d—�6�4-dDPF F JF'T R "9"I . 0,OPFIR TIONS LWow E L DISEASE PrIL ICY LIMIT 1-000-0(:10 A Ewts�,Wwkers N N 71747695 (011) 7/1,�2014 7/1/20 15 WC swiuunv 1-11IMS Comperminer(OH) $1,000,000LIA�ach Acx,dew S,1,000MI0 EL 5scase Ernp/TI DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,AddMonal Remarks Schedule,may be attached if mom space is required) CERTIFICATE HOLDER CANCELLATION See Attachment SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 13473293 AUTHORIZED REPRESENTATIVE Orange County PO Box 8181 H01sborough NC 27278 ACORD 25(2014101) @1988-2014 ACORD CORPORATION.AIII rights reserved The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 75693651-8CDD-4BC3-B32F-F46CD5C2FD4B Policy No.: GL 2122489 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS,, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided Linder the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section! II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or or- additional insureds, the following additional exclu- ganization for whom you are performing operations sions apply: when your and such person or organization have This insurance does not apply to: agreed in writing in a contract or agreement that such person or organization be added as an addi- 1. "Bodily injury", "property damage" or "personal tional insured on your policy. Such person or or- and advertising injury" arising out of the render- ganization is an additional insured only with respect ing of, or the failure to render, any professional to liability for "bodily injury", "property damage" or architectural, engineering or surveying services, "personal and advertising injury" caused, in wholle including; or in part, by: a. The preparing, approving, or failing to pre- 1. Your acts or omissions, or pare or approve, maps, shop drawings, 2. The acts or omissions of those acting on Your opinions, reports, surveys, field orders, behalf; change orders or drawings and specifica- tions; or in the performance of your ongoing operations for b. Supervisory, inspection, architectural cir the additional insured. engineering activities. A person's or organization's status as an additional 2. "Bodily injury" or "property damage" occurring insured Linder this, endorsement ends when, your after: operations for that additional insured are com- pleted. a. All work, induding materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insuredi(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use lby any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 ISO Properties, Inc., 2004 Page 1 of I Attachment Code: [)4686 37 Cerlificate If.) -1 13473293 DocuSign Envelope ID: 75693651-8CDD-4BC3-B32F-F46CD5C2FD4B POLICY NUMBER: GL 2122489 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE ............. Name Of Additional Insured Person(s) --- Or Organizatiorgs),_ Location And Description,Of Corn leted Operations ..........--- As required by written contract As required by written contract .......... ...................... ........... ......................... Information required to_co,mplete this Schedule,if not shown above,will be shown in the Declarations, Section 11-Who Is An Insured is amended to include as an additional insured the person(s)or organizations)shown in the Schedule, but only with respect to liability for"bodily unjury"or"property dam- age"caused,in whole or in part, by"'your work"at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the"products-completed operations hazard" Attachment Code D468637 C"ell i6vid Vi dii-16 293 ISO Properties, Inc., 21194 Page 1 of 1