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HomeMy WebLinkAbout2017-135-E AMS - Signarama to install exterior signage, including signs, post and installation DocuSign Envelope ID:OB7F8A1 D-9F8A-4CDB-8EA0-3AFD138E5DCA [Departmental Use Only] TITLE Seymour Ext. Signs FY 2016-17 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 10th day of April, 2017, ("Effective Date") by and between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the "County"),party of the first part; and Signarama(the"Provider"),party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement, time being of the essence: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Provide and install exterior signage reading "Reserved for Persons with Mobility Devices"per quote 10680 -Aluminum"Reserved" signs.posts,installation dated 2/23/17. The term of this agreement rendered shall be from April 10, 2017 to June 30, 2017. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed One Thousand Seven Hundred Forty Dollars and Forty-three cents, ($1,740.43). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may,without fault or penalty,withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non—waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent contractor and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by County'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 Revised 2/17 1 DocuSign Envelope ID:OB7F8A1 D-9F8A-4CDB-8EA0-3AFD138E5DCA incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of N/A (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider, its agents, or assigns directly or indirectly related to the Services to be performed pursuant to this Agreement on the part of the Provider. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. County may suspend this Agreement upon reasonable notice to the Provider. 7. Entire Agreement and Signatures: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Priority: In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms of this Agreement shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. 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 state and federal anti-discrimination laws, policies,rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.). Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Provider affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-86.58. 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County,North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 11. Non Appropriation: Provider acknowledges that County 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 County's Revised 2/17 2 DocuSign Envelope ID:OB7F8A1 D-9F8A-4CDB-8EA0-3AFD138E5DCA obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. [SIGNATURE PAGE TO FOLLOW] Revised 2/17 3 DocuSign Envelope ID:OB7F8A1 D-9F8A-4CDB-8EA0-3AFD138E5DCA IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER �—oosyea oy: —uoseea nv: By: bok,kAt,Rav,mtirstui By. Avis ewa County Manager Title: 200 S. Cameron St. Signarama P.O. Box 8181 3702 Hillsborough Road, Suite 1 Hillsborough,NC 27278 Durham,NC 27705-2953 Revised 2/17 4 DocuSign Envelope ID:OB7F8A1 D-9F8A-4CDB-8EA0-3AFD138E5DCA Signarama of Durham,Chapel Hill &RTP DesignElement of North Carolina 3702 Hillsborough Road, Suite 1 m Durham,CO RTP Durham NC 27705-2953 �sign � � t United States did .A) u fk m, Phone:919-383-3500 %���iiiii/ 1`he way to grow your business. Fax:919-383-1991 �����������������%% Greer and Associates, Inc. °o0�fir"`ca rur/HI"( C'"a1' ' ^�d�!rv.!Iv^LUeri�exrurk,�^n1lwVu �w:act�r �v�vru'>u, EIN#:56-1812649 Quote 10680 - Aluminum "Reserved" signs. posts, Expiration Date • installation 04/28/2017 Quote for Contact Shipping/Install Orange County Asset Angel Barnes Management Phone :(919)245-2628 Email :abarnes @orangecountync.gov Quote# Quote Date Sales Rep Payment Terms PO PO Date 10680 02/23/2017 Chris Kowa! 50/50 chris @signsdurhamnc.com Items # Item Qty Unit Price Disc. Price Total (Ex.Tax) Tax 1 Aluminum .063 Stock Sizes 10 $48.65 $48.65 $486.50 $36.49 W:12.0 in.X H:18.0 in., Single Sided .063 Aluminum,white-SF 15.0 Sqft Laminate Over Print 15.0 Sqft Direct to Substrate Digital Printing-Full Color 20.0 Holes Drilled-.25"for u-ch posts 40.0 Radius Corners White Bkgr, Black Reserved for persons with mobility devices(icon) 2 Labor Inside 1 $580.00 $580.00 $580.00 $43.50 1 Trip Charge Zone 2 :2 man-Chapel Hill Two Man Install in Parking Lot 2551 Homestead Rd, Ch.Hill Install in dirt/grass 3 Galvanized U-Channel Post 2 lbs 8' 10 $52.75 $52.75 $527.50 $39.56 Galvanized U-Channel Post 2 lbs 8': Galvanized U-Channel Post 2 lbs 8' Includes 20.0 Hardware: Nut, bolt and washer set-Nut, Bolt and Round Washer Set Emailed 03/29/2017 04:53 EDT by CK Page 1 of 2 DocuSign Envelope ID:OB7F8A1 D-9F8A-4CDB-8EA0-3AFD138E5DCA Total Sub Total Setup Total Tax(%) Taxable Amount Non-Taxable Amount Final Price $1,594.00 $25.00 $121.43(7.5%) $1,594.00 $0.00 $1,740.43 Downpayment(%) $0.00 Terms And Conditions Invoices&Cancellation of Orders:Sign-A-Rama(Vendor)prepares your order according to your specifications.Therefore,prior to its commencement,your order is only cancelable with the Vendor's prior written consent.After commencement of your order(the point at which materials are assembled and work has begun),your order is non-cancelable.The Customer is Solely Responsible for Proofreading Vendor does not assume any responsibility for the correctness of copy.Therefore,you must review and sign a proof prior to our commencement of your order.By signing your proof,you approve of its content and release the Vendor to commence our work.You are solely responsible for the content of the proof once it has been signed.However,if we should make an error in producing the work as proofed,please be assured that we will redo the work as quickly as possible and without charge to you.Vendor's Liability Vendor's total liability is hereby expressly limited to the services indicated on the invoice and Vendor will not be liable for any subsequent damages,consequential damages,or otherwise.All dates promised on this invoice are approximations unless the word"firm"is written and acknowledged by the Vendor. Terms of Payment:Upon ordering,you must give Vendor a 50%deposit.Your balance will be due upon delivery and/or installation.Vendor may,at its sole discretion,extend credit terms to you upon approval.0 ollection Procedures:Invoices are considered delinquent thirty(30)days from the date that your order is completed.After the thirtieth day,a late charge of$25.00,together with interest accruing at the rate of 1.5%per annum,or the maximum rate allowable by law is assessed.You shall be liable for all costs related to collection of delinquent invoices,including court costs and attorney's fees.Customer's Acceptance of Work:Customer's acceptance,either personal or through his/her agent(s)and/or employee(s)of the work ordered shall be deemed as full acceptance.This means that by accepting delivery of the work,customer affirms that the work substantially conforms to all expectations.Lost or Substantially Forgotten Work:If customer does not take possession of completed work within thirty(30)days from notification of completion,then the work will be considered lost or forgotten,and vendor will not be responsible for further loss.Customer will be billed and responsible for payment for work that has been completed for Orange County Asset Management Signature Date We agree to your terms and conditions. Please proceed with the order. Emailed 03/29/2017 04:53 EDT by CK Page 2 of 2 DocuSign Envelope ID:OB7F8A1 D-9F8A-4CDB-8EA0-3AFD138E5DCA AC J CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)3/30/2017 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). PRODUCER CONTACT NAME: • Colonial Insurance Agency Hillsborough PHONE r ,Ext): (919)732-2191 FAX No): (919)732-2192 E-MAIL ADDRESS: PO Box 490 INSURER(S)AFFORDING COVERAGE NAIC# HILLSBOROUGH NC 27278 INSURER A Auto-Owners 18988 INSURED INSURER B:Owners 32700 Greer And Associates Inc dba Signarama INSURER C: Design Studio of Durham, DesignElements INSURERD: 3702 Hillsborough Rd Ste 1 INSURERE: Durham NC 27705-2953 INSURERF: COVERAGES CERTIFICATE NUMBER:CL1662701705 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED A CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 300,000 35171729 6/30/2016 6/30/2017 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 POLICY X JECT LOC PRODUCTS-COMP/OPAGG $ 3,000,000 OTHER: Premises/Operations $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED AUTOS AUTOS 4925065704 6/30/2016 6/30/2017 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident) Non-owned $ X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 2,000,000 B EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED X RETENTION$ 10,000 4925065702 6/30/2016 6/30/2017 $ WORKERS COMPENSATION X PER 0TH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A B E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? Y (Mandatory in NH) 35148890 6/30/2016 6/30/2017 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Job Location: 2551 Homestead Rd Chapel Hill NC 27517 Certificate holder is additional insured with respects to General Liability by signed written contract before a loss. CERTIFICATE HOLDER CANCELLATION abarnes @orangecountync.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 8181 ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE CARLA MOORE/CARLA ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025 nmam i