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Home My WebLink About2015-470-E AMS - Advanced Sealcoating, Inc. for striping and stenciling through OC per Proposal #1077 DocuSign Envelope ID: 1E463956-EA9F-49E5-80F3-FE5F52A5605F NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER 550,000 ORANGE COUNTY THIS CONSJ'RUCTION AGREEMEN'17 (hereinafter "Agreement"), is made and entered into this 26th day of August, 2015 by and between Orange County, North Carolina (hereinafter the "Owner") party ofthe first part; and Advanced Sealcoating, Inc (hereinafter the "Contractor"), party of the second part; W I T N E S S E T 14: For the purpose and SLJItject to the terms and conditions hereinafter set forth, tile Owner hereby contracts fbr the construction services of tile Contractor, and the Contractor agrees to provide the construction services to the Owner in accordance with tile terms of this Agreement. I. TERM Beginning and ending dates of contract. August 24, 2015 through October 31, 2015. The Project.Commencement Date shall be August 26, 2015. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: five thousand dollars ($5,000) 3. SERVICES Contractor agrees to provide the following construction services (the "Work"): striping and stenciling parking spaces at various county parking lots, per provided proposal 1077. 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 peribrmance ol,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 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 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. REI,,ATIONSHIP 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 Revked 10/14 1 DocuSign Envelope ID: 1E463956-EA9F-49E5-80F3-FE5F52A5605F 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 'r�ransfer Policy arid Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://orajigecountync,gov/purciiasinLy/cotitracts.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 ally, harmless from and against any and all clainis, 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 emissions 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 Conti-actor 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 10/14 2 DocuSign Envelope ID: 1E463956-EA9F-49E5-80F3-FE5F52A5605F In the event that public funds are unavailable and not appropriated for the performance of Owner's obligations tinder 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 aff"ects Owner's authority to continue its obligations tinder 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 .1 comply with Article I IA 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 l0114 3 DocuSign Envelope ID: 1E463956-EA9F-49E5-80F3-FE5F52A5605F 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 F�®DocuSigned' by: DocuSigned by: By Num, h*vtivs By rom, sf.& cou*0m2eage 7 Advan d29 61blMing,Inc 200 S. Cameron St. 8804 Erinsbrook Drive P.O. Box 8181 Raleigh,NC Hillsborough,NC 27278 27617 Revised 10/14 4 DocuSign Envelope ID: 1 E463956-EA9F-49E5-80F3-FE5F52A5605F ADVANCED SEALCOATING, INC. Pavement Restoration Specialists 8804 1-rinsbrook Drive Phone: 919-844-2257 Raleigh,NC 27617 Fax: 919-844-2257 Pro,posal4: 1077 Attention: Brennan Bourna Date: July 13, 2015 Job Name: Orange COUnty Property Submitted to: Brennan Bourna Job Location: Hillsborough,NC Street Address: 131 W. Margaret Lane Payment: Net Due 30 Days City, State, Zip: Hillsborough,NC This proposal is good for: 30 Days Phone: 245-2626 CELL 406-4909 Details: Striping/Stenciling Advanced Sealcoating, Inc. hereby submits a proposal for the above project as follows: Orange COL111ty Sports flex. (Rear of Building) Paint fire lane, and 3 arrows, Orange CoLinty Senior Center. (Front of Sports Plex) Paint 5 hashed areas, 3 crosswalks, fire lane, and 14 arrows. Justice Center, Paint 2 crosswalks, and 650 feet of yellow curb. Add 4 handicap spaces at curb side. Seynionr Center, Paint 104 spaces and 6 handicap spaces. Paint 3, hashed areas and 5 crosswalks. Paint green box that is 3' high x 8' wide. Stencil electric car on green box with white paint, (Patti will provide the stencil) Cost is $5,000.00 ACCEPTAN(:'E: All prices, specification, and conditions as outlined above are accepted. Work is authorized and payment will be rnade as Outlined above. Authorized signature of acceptance: Date: DocuSign Envelope ID: lE463956-EA9F-49E5-80F3-FE5F52A5605F Erie CERTIFICATE OF INSURANCE WE MWED MWMYY¢ n s u r a n c THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION GINLY V! �Ff"? rsu-ance �Rc!E, E"lc �3�) '4„3 ;,,T,,�) NAME AND ADCHTSS OF AUNCY (, S AGFN I`$K. INSI'RANCE', J)10.11 CA Y' 025203 11tJL1_%Rl)('01JRT �AL r r P,7,1�K.-Y� P f(A[FICILNC �7615-6801, r e Ride lin Cp,,,Aftort 0 Y 4NIP" c8Z This crillitallo is Issued br Information pulps s only and confers no ri his an The certlificate holder, it does not affirmatival or 4 vilvoly$mad,atood,or otbori vise Our the lotms,w1disfoos Advwwed Sealcoataio Inc 001 coaditions of Insutsoca covers a Contained In he polky(ivs) Indicated below,The terms and conditions of the pollcylies)govern XX(,'4 FrirM�rook DR the insurance coverage,as applied to any given si!tuaboin.Limits Rateigli. NC Y7647 shown may have been reduced by claims paid.This certificate of insurances does Dal eon hate a 0040304 114110044 tin ISSViAq lmsurZs), lotborited ropriossolative or producer and the Joertifical a holden. h1 s lG c f o Ct r ac q t C I MW FOR,rM Z lace Ei ft Wed kiW@ it the UM T01 148 IS,"J P 1 11M-I I IJ-mo Q]C _1724 7Y.7 57 LUIS E]GENERAL UARILITY Q�310 1320797 6,]31 61 16 EACH OCCME 1,000,0100 ,S)XkWFACAkGENEM1UA3lIJTY�: QLAi'SMADE MR, NED EXP ft Om Pr�r j KR50NAL&Aft INJURY GBERALAGGREGAIE 'Irfft COP AIG jfGAIE LIMITAPPUES 1$,R� PRODUCTS- MWO N Kuy [:1[MWEM EJ l4t" A11704408ILE UASJUTY eviNLYWOW "ANYAM`M 1 6 I)A 6 kdI 80M JURY GAArIkIA E", AIMMD MOK'MY MIME 80 MY IKM AND IR(PERTY 3AMMA Gwne F EXCESS LIA8110 EA04 OCCAMENCE 'Q ox�mha Q 30 1370 134 1.1',16 AGATE s REIFOON S 0 WORKERS COMPENSATION& EMPILOYEAS LIABILITY Q9() I_�wrq6 _,15 6 13''16 RIN ty A *N I 500,O(K)EAW=30EN7 �F INJU" By OMEASE ';0fi3O(X)EACH E rAPL(WEF OTHER O(SCA Ipt")k OF CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIV- ERED IN ACCORDANCE WITH THE POUCY PROVISIONS. IMPORTANT'. If the certificate holder is an ADDITIONAL INSURED,Die olio ties)must be en&rsed. If SUBROGATION IS WAIVED,subject to Me torras and cosirlitions oftlie policy,certain policies may require at endorsertient.A statentent(xi ffils cerfiticate does not rotifer rights to the cartif irate 111older in,heu of sucli Pridorsearetit(s). NAME Amb ADDRESS OF CERTIFICATE HOLDER oranu,e Cuutily RLNESTJdATT61 P0 Rox 8 I 8 1 I a)Ug,�_ N, C' 2 7.7 7,R &Gb230 W I1 Page I of I