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Home My WebLink About2015-447-E AMS - Advanced Door Automation to install automatic door equipment at 113 Mayo St. $2,494 DocuSign Envelope ID: 3312F4DA-F50C-44DA-9298-271ABA823577 NORTII CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER $50,000 ORANGE COUNTY TflIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 21st day of August, 2015 by and between Orange County, North Carolina (hereinafter the "Owner") party of the first part; and Advanced Door Automation (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. I. 'rERM Beginning and ending dates of contract: August 21, 2015 through December 31, 2015. The project Commencement cement Date shall be August 21, 2015. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: two thousand 11OUr hundred ninety four dollars ($2,494) 3. SERVICES Contractor agrees to provide the following construction services (the "Work"): supply and install automatic door equipment at 113 Mayo Street, per attached proposal. 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 ornissions, 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. "I'11e 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 aMOL�int stated on an invoice until the parties resolve the dispute. In addition, should Li Contractor fail to perform its duties nder 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. S. 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 under Revised 10/14 1 DocuSign Envelope ID: 3312F4DA-F50C-44DA-9298-271ABA823577 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 http://oran�,ecountync.�,,ov/pLi.i-chas,ili�/contracts.,Lt,s,p' , It' 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 indemnity 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 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. Revised I W 14 2 DocuSign Envelope ID: 3312F4DA-F50C-44DA-9298-271ABA823577 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. 1 A and Article 40 of'North Carolina General. Statute Chapter 66. 12. ENTIRE AGREEMENT The parties have read this Agreement and agree to be b0Und 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 docurnents. 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 law.,,-, of the State! of'North Carolina and any action brought under this Agreement shall be brought in the General Court of Justice ofthe 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. [SIGNATIAZE PAGE `F0 1`011,OW] ReOsed 10/14 3 DocuSign Envelope ID: 3312F4DA-F50C-44DA-9298-271ABA823577 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: D signed by: By By rwocu 1 4&4 County M—ana—ge�r Adv-6fiddMWAutomation 200 S. Cameron St. Henry Rutledge P.O. Box 8181 PO Box 61678 Hillsborough,NC 27278 Durham,NC 27715 Revised 10/14 4 DocuSign Envelope ID: 3312F4DA-F50C-44DA-9298-271ABA823577 Advanced Door Automation "Opeiihigs made easjl" 06/29/15 4100.5RCCL Proposal Jeff Thompson Orange County Asset Management Svcs. Re: Orange Co. DSS 113 Mayo P,O. Box 8181 919-245-2625 Hillsborough, NC 27278 919-201-0192 JEThomlpson@Orang eCountyNC,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 leaf of a pair of doors -Clear 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 12,494. 00 Installed. Price includes all applicable taxes, Terms are net 3,0 days. Delivery 4—6 weeks estimated but not guaranteed. Exclusions: 1. 120VAC 20 amp service routed into operator housing. 2, Doors andl frames. Price assumes door is non,-latching during automated hours. Notes: 1, Work to be performed during normal business hours, M-L~from 8-5. This proposal is respectfully submitted by: Accepted by: Henry Rutledge P.O. Box 61678—Durham, North Carolina 27715 4,-866-577-0232 Toll Free 919-384-0232 Phone 919-384-0234 Fax DocuSign Envelope ID: 3312F4DA-F50C-44DA-9298-271ABA823577 ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MM1DDrYYYY) 7/1/2015 9'/11/2014 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 AF'FORD'ED 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(les)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). CONTACT PRODUCER LCICKTON COMPANIES 2100 ROSS AVENUE,SUITE 1400 ('AM IL,Ext; JAdC No): DALLAS TX 75201 EMAIL 214-9691-6700 ADDRESS: AFFORDING COVERAGE INSURER A: Federal Insurance Company 20281 INSURED Door Services Corporation INSURER B, Iromhore Specialty Insuranee Co 25445 1342188 tlba Advanced Door AUtomatlon INSURER C: Mitsui Sumitomo Insurance Co of Arnerien 2 I)3t2 PO Sox 61678 i" Durham NO 27715 UgEg 0; Chubb lndernnity Insurance C tacit art 12777 INSURER E: COVERAGES C VEQ00I CERTIFICATE NUMBER: 12357291 REVISION NUMBER: XXXXXXX IHIS IS'°O CERTIFY THAT THE POLICIES OF INSURANCE L16TED BELOW HAVE BEEN ISSUED'TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IINDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 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. IN SR TYPE OF INSURANCE AdDL SUBR POLICY NUMBER P4��1CY EFF POLICY EXP LIMITS X COMMERCIAL GENERAL LIABILITY NI N (.3-.2122489' 1.0/l/2014 10/i/2015 EACH OCCURRENCE 2,000,000 CLAIMS-MADE OCCUR DA MA E TIC"RENTED �X10 �� PREMISE Ea accurrence $ 1,appligs per MED EXP(Any one Person) $ 1.0',00 ...._ policy'terms&sand. PERSONAL&ADV INJURY 's 2,000 000 'L AGGREGATE AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S 4,000,000 POLICY' PECOT» ❑LOC PRODUCT"S-COMPdOP AGG S 41000-000 OTHER $ A AUTOMOBILE LIABILITY N N 73570693 10/1/201.4 1011/2015 =tsiNGLELIMIT $ 1 00()()00 X ANY AUTO BODILY INJURY(Per person) $ XXXXXXX ALLI,S'W'NED MSCHEDULED AT BODILY INJURY IPer accident $ XX XXXX 1177 NON OWNED PRDPERTY DAMAGE $ XX�tdCXXX X HIRED AUTOS AUTOS a ld nt $ XXXXXXX 13 X UMBRELLA LIAB I'X OCCUR 1`'+1 N 00 1165 903 10/1/2014 1011.1201.5 EACH OCCURRENCE $ 101000110100 EXCESS LIAR CLAIMS-MADE AGGREGATE $ 10„0'00 00'0 DEC),I X, RETE.NITIONS'I(),ufJO 10TH $ XXXXXXX WORKERS COMPENSATION PER A AND EMPLOYERS LIABILITY 71740£3 t4tAiJS,i ICI/112CiY4 Ii5Pi12111S X STATUTE _ Cl �I NIA 71747712(MA,W1) ICI/1/2014 10/1/2015 � 1 0t70�0r�q..... A"�'Y PRr,3PRET ERFEXCLNEV�"EkCECII ruv'E E L EACH ACCIDENT Or"A=�OERtAM1EMaEld E7tCLLNC�Ep"$ ➢Y 7 ridntory in NHI E..L.DISEASE EA EMPLOYEE $ 1,000,000 . �.� It Ye s,dt�sx lbe un�dnr OE5'C,R IP"&ON OF OPERATIONS cec o. E.L.IDMLASE.POLICY LIMIT 1,000,000 A T:wucs,Wwko, 1N N 7174 7 695(0111 7/112171.4 711/2015 WC 5tutta u"Limut, "q,am ix IesuMUnra(t7IEi S 1,000,060 t.L,rE ach,Accidoil E I,MA),000 EI Dlsosc iir¢°Ile!I'aaGc r DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES(Attach ACORD 101,Additional Remarks ScheduW,may be attached if more space is required) RE:John Link Government Services Center,Raleigh,NC. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE P'O'LICY PROVISIONS. 12357291 AUTHORIZED REPRESENTATIVE Gran e County Asset Management Services' 200 South Cameron Street Hillsborough NC 27278 ACORD 25(2014101) @1988-2014 ACORD CORPORATION.All rights reserved The ACORD name and logo are registered malrks of ACORD