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Home My WebLink About2015-392-E AMS - AXis Construction Management, Inc. for DSS expansion $27,075.04 DocuSign Envelope ID: 563913F3-001E-4251-A6B8-2547F725F6F2 NORTH CAROLINA CONSTRUCTION SERVICES AC'FREEMENT UNDER $50,000 ORANGE COUNTY' THIS CONSTI�UCJ'JON AG I�E'EMENT (hereinafter "Agreement"), is nlade and entered into this 7th day of August, 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; WITNESSETI-1: For the purpose and Sub feet to the terins and conditions hereinafter set forth, the Owner hereby contracts t`6r the construction services of the Contractor, and the Contractor agrees to provide the construction services to the Owner in accordance with the terms ofthis Agreement. 1. TERM Beginning and ending dates of contract: 8/7/15 through 12/31/15. The P,rQject, Commencement Date shall be 8/7/15. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount.Not to Exceed: Twenty Seven Thousand Seventy Five Dollars and Four Cents ($27.1075,04) 3. SERVICES Contractor agrees to provide the following construction services (the "Work"): See detailed description of the DSS Expansion Project in the attached proposal dated 3/19/2015. Work described will be coordinated with other Vendors performing within the sarne space. Contractor to cooperate, coordinate and schedule with the Owner and Lomax Construction, Inc. through the duration of the DDS Expansion Prqjject. 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, anibigguities, 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 arnount stated on an invoice is disputed by Owner, then Owner may withhold payment of all or a portion of the arnount stated on an invoice until the parties resolve the dispute. In addition, should Contractor (tail to perform its duties under the terms of this Agreement, Owner may. without 17411h, or penalty, withhold any payment associated with the Work to be performed until such time as said work is completed. Rcv sed 10/14 1 DocuSign Envelope ID: 563913F3-001E-4251-A6B8-2547F725F6F2 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 performing the construction services Linder this Agreement. Such personnel shall riot 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 Conti-actor nor any employee of the Contractor shall be deerned an officer, employee or agent ofthe 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 1,11SUrance, and any additional insurance as n-Lay be required by Owner's Risk Manager as Such insurance requirements are described in the Orange County Risk J'ransfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at 11 eC0 Ll I ino/Comracts.asv). 11' 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 riot 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 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 an,)( negligence, act or fiaik.ire to act by tile 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 indemnity the Owner to the ftill extent permitted Linder 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 ofthe Owner. 10. NON—APPROPRIATION Revised 10/14 2, DocuSign Envelope ID:563913F3-001 E-4251 A6138-25471`7251`61`2 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 I'Linds are unavailable and not appropriated for the performance of Owner's obligations Linder this agreement, then this Agreement shall automatically expire Without penalty to Owner immediately, upon written notice to Contractor ofthe 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 f ederal legislative or regulatory action, which adversely affects 0,wner'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 niodilications 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 jeneral Statute Chapter 66. 12. ]ENTI12E AGREEMENT "I'lie Pat-ties 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 teleflacsimile 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 ofthe proposal. 1.I. COMPLIANCE WITH LAW/GOVERNING LAW Both parties agree that this Agreement shall be governed by the laws of the State ref f North arolina 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 Iiinited to all anti-discrimination laws. [SIGNA']-'URE PAGE To I"OLLOW] Revised 10114 3 DocuSign Envelope ID: 563913F3-001E-4251-A6B8-2547F725F6F2 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 By rocu 'g ned by: —DocuSigned by: f?6VUKA(' hmvtitysb—� By brau.&&, 60-OL U�ty%4111bSrM Co anager AXiseDfiWffit1ff&&Management, Inc. 200 S. Cameron St. 105 Atkinson Court P.O. Box 8181 Apex,NC 27502 Hillsborough,NC 27278 Revised 10/14 4 DocuSign Envelope ID: 563913F3-001E-4251-A6B8-2547F725F6F2 AOX15 construction Managemont, Ine. 105 Atkinson Ct,Apex,NC 27502 P:(919)400-5059 F:(919)336-5108 C;(,919)306-2796 ab.ranon c nc,rr.coni Estimate Estimate No 1 1-570 To; Paul Sorrell c/o Orange County Gvmt Date: 3/19/2015 Margaret Street EINI lHillsborough, NC Attn: I IPatel Sorrell Email to: jpsorrell@orangecountync.goy Job Address City,State Job DSS Hillsborough NC Bathrooms Upfit Qty Unt DESCRIPTION UNIT PRICE TOTAL BIO Sf1 Consiniction ornew walls in bathrooms with unfaced Batt insulation R-13 4,95 6,48450 Braced to deck GB 6"above ceiling - 56.,5 Sit Construction of new walls in bathroonis without.insulation 4.39 248.04 Braced to deck GB 6"above ceiling - 871,64 Sft onstruction of plumbing shaft wall braced to deck,with appropriate 6.15 5,360,59 blocking 6"above s ceiling grid 1022,15 Sft Cosntniction of%valls for Custodian room and cofee shopstorage w/o 3.97 4.05774— insulation, Including ffirred wall on co fee shop bar - 149.71 Sft GB ceiling asserribly,on Storage and cult room 4.47 669.20 :312.42 Sft Construction of suspended ceiling assy, 15116 grid 2x2 vinyl faced 183 1,19&57 ca it in,tild ti - 462.13 Sft Supply and install WFArnistrong excelk)n selected colors 3.15 1,455,71 3410 S11 General interior paint on walls mid hard ceilings 0.85 2,89&50 4 Fa Supply and install solid core doors(in welded metal lrarnes N FR 1,176.0,O 4,704.00 with all appropriate hardware - Plumbing,Electrical and HV.AC not included No permits,hemses or fees included No stalls or fixtures of any kind Total S 27a075. Prices Subject to Change,This estimate is valid for 30 days. 71'1,4*,ff JIM AOR YOW V"fi1&*f(V81 DocuSign Envelope ID: 563913F3-CO1E-4251-A6B8-2547F725F6F2 r CERTIFICATE OF INSURANCE Erie THIJS CERTIFICATE IS ISSUED AS A MATTER Of INFORMATION ONLY lnsuran cI 6 F i✓3S,r 3126 NA—ntllslsurar,CA ---AGN�Tq ic. MIT NAME AND ADDRESS 6F ACIFNC' i�T1TFF0',)T&- Y01LING INS GR"") I,"' F-YSGASUA01C PANY 1]1576 616 N IS i'AV V E It Re NY his cerffbilical (1);9)2 1 7 .......... no 1i his all tivtly or 11 Tely Ame aTd,extend,or otherhise altr^r Che terms, Xclusions as condifions of insurance colreraQjo conlained In Me policY(ifs) Axis Con$11-llcliffll Man�lgcrflcllt Indicated below.The terms ands conditions of the liOlicy(jes)govern the Insurance given coverage as applied lo any ggiven situation,Limits INC shown may have been reduced by rIalms paid.this certificate Of t)ulhaln CI apeI Hill insurance does not constitute, a 4,aplTact between the issuing insu,rer(s), authorized repTesellialivt or producer and The 1),ii-hain, NC 27707 certificate holder. al tae 0 0 jS t)-117 as ndiiiied T -he Poky NuMbE �1 0AFS TKK,OFJNS AKi pa�icy NUMK"R, EACH OCCURRENCE 1 P GENERAL LIABILITY 1 1 TI I Q 3 5 0 12 2 Qb' FIRE D MAGE CA, fve �X COMMERCIALGENERALLIABILITY1 EMEIYE,xPIAny'lnrtarsm °. CLAW Wbt PERSONAL A AUVIOINJURYI:$ ATt 2 301 AGGREW1 LIMP APPLIES PER: Pouch Pqwt�L_L] _--- ----- '.— BODILY INJURY AUTOMOBILE LIABILITY If AGN PERSON) i iOWNE0 HIRED, "AWAb"" NON-044NED) OWNED PROPERTY DAMAGE HsAED B 00 ILY INJURY ACID NON-OWNED ppOPECOMBINED PTYDAMAGE GARAGE $ XCIESS LIABILITY A(4 E AT R E ocnERRENcE $ RETENTION S ACCICIENT S 11 (N()(),()00 EACH ACCIDENT Q05 01,02�49 BODILY EMPLOYERS LIABILITY NJURY WSEAS1 S B( By 0GEA E S A I)00,(100$,.GTH�FMP)Offl: OTHER w RTES ADDFD By fK T)-ffLRIPTION OF UP WILL BE I)ELIV- CANCELLATION: SHOULD ANY OF THE A30VE DESCRIBED POLICIES BE CANCK.LED BEFORE THE EXpIRAT 01 DATE I H E4 EDF,N011CF EKED IN,ACCORDANCE WITH THE POLICY PROVISIONS, IJiPORTANJ, t the CeW ItiCate holder is an ADDITIONAL INSURED,the policy(iieS) Inust be endorsed.q SUBROGtXIC A IS WAIVEJ),subject t)the terms and Conditions of the policy,Certain pftjeS may require ali endorsel-nent.A,ilijtement rin bi!;cerfificate does not canter rights to the Certificate holder In lieu of suet endC)rselnent(S). NAME AND ADDRESS Chi CERTIFICATE HOLDER 3ox Nl( 272'7�I Page I o� C (3F,210