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HomeMy WebLinkAbout2017-409-E AMS - Sound Advice of Eastern North Carolina for WHSC podium upgrades DocuSign Envelope ID: C3AF45E9-D4F9-471 F-8F40-690FA6D06502 [Departmental Use Only] TITLE WHSC Podium A/V Upgrade FY 2018 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 28th day of August, 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 Sound Advice of Eastern North Carolina (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: equipment and labor to upgrade the existing podium at Whitted Human Services Center, as provided in the included quotation 5530, Option 2, dated July 21, 2017. The term of this agreement rendered shall be from August 28, 2017 to September 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 Six thousand five hundred seventy eight dollars and five cents, ($6,578.05). 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 Revised 2/17 1 DocuSign Envelope ID: C3AF45E9-D4F9-471 F-8F40-690FA6D06502 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 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 (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. Revised 2/17 2 DocuSign Envelope ID: C3AF45E9-D4F9-471 F-8F40-690FA6D06502 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 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: C3AF45E9-D4F9-471 F-8F40-690FA6D06502 IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORANG ocu i e gn �1TY PROVIDrR igned by: °UblAkuit, tka" �t,V'St ` avid Evans By:Co�"un l9igin'r BTitle: -�v�s4•�::..l4o6_. 200 S. Cameron St. Sound Advice of Eastern North Carolina P.O. Box 8181 PO Box 2005 Hillsborough,NC 27278 Wake Forest,NC 27588 Revised 2/17 4 DocuSign Envelope ID: C3AF45E9-D4F9-471F-8F40-690FA6D06502 "4446. r A., PO Box 2005 PROPOSAL 111 tip Wake Forest, NC 27588 11111111111111111111111111 111110,11,11,11,111, (919) 439-6296 DATE QUOTATION ... 0011111111101001 7/21/2017 5530 NAME/ADDRESS Orange County PO Box 8181 131 W. Margaret Lane Hillsborough,NC 27278 Questions?Use contact@saenc.com TERMS REP PROJECT 50% Deposit DBE 5530 Whitted Podiu... QTY ITEM DESCRIPTION COST Total Option 2 -using existing mics -Recommended Option 1 Audiaflex CM AudiaFLEX chassis with CobraNet Module, 3,373.50 3,373.50T 2RU 1 AudiaEXPI 8 Mic/Line Inputs via Cobranet 1,038.70 1,038.70T 8 SMMIO 10'Mic Cable w/metal XLR's 8.62 68.96T 1 PROCO Custom 8CH snake for Podium- 182.05 182.05T 5573-07257ZFA-01 1 SHIP/HAND Estimated Shipping charges 88.17 88.17T 1 LABOR Installation &Re-Programming of Crestron& 1,826.67 1,826.67T Biamp DSP systems Subtotal of above: **Not including taxes** 6,578.05 Sales Tax (7.5%) Total VreanstatiniTee Page 1 DocuSign Envelope ID: C3AF45E9-D4F9-471 F-8F40-690FA6D06502 1111, 1111 PO Box 2005 PROPOSAL Wake Forest, NC 27588 11110,10101111111111111111111011111111111111� pBp ylp w, , (919) 439-6296 DATE QUOTATION ... �I ICI ❑6V I:.�Asv fY I'd a.0 Z➢RTFV GF16d®I..O%lp 7/21/2017 5530 NAME/ADDRESS Orange County PO Box 8181 131 W. Margaret Lane Hillsborough,NC 27278 Questions?Use contact@saenc.com TERMS REP PROJECT 500/0 Deposit DBE 5530 Whitted Podiu... QTY ITEM DESCRIPTION COST Total ***This solution will provide fully integrated presets for up to 8 additional mics -wired through a short snake in the podium. The volume adjustments can be programmed on any or all of the touch panels in the room-there will be no manual knob controls of levels to mess up. Presets will handle minimum and maximum volume levels, and system can be setup utilizing the full audio mix minus configuration(including mic gating) that exists now. Aside from breaking a wire or something physical-there is virtually no way users can mess this solution up, it is locked down. This solution would be ideal for the additional mics that are occasionally needed for the Comm meetings. Option 1 -using existing mics -Alternate Option SCM820 8-channel digital automatic mixer 1,852.16 1,852.16T 8 SMMIO 10'Mic Cable w/metal XLR's 8.62 68.96T Sales Tax (7.5%) Total a Page 2 DocuSign Envelope ID: C3AF45E9-D4F9-471 F-8F40-690FA6D06502 NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY, INC. CERTIFICATE OF LIABILITY INSURANCE 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 tens 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). INSURED SOUND ADVICE OF EASTERN NC INC CERTIFICATE Orange County NAME AND PO BOX 270 HOLDER PO Box 8181 ADDRESS VVINTERVILLE, NC 28590 Hillsborough, NC 27278 Email: dbaker @orangecountync.gov COVERAGES 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. X 1 TYPE OF INSURANCE INS!)WVD POLICY NUMBER POLICY F (POUC P) LIMITS • COMMERCIAL GENERAL LIABILITY SMP 0129077 7/26/2017 7/26/2018 GENERAL AGGREGATE $2,000,000 -OCCURRENCE PRODUCTS-COMPJOPS AGGREGATE $2,000 000 GEN'L AGGREGATE APPLIES PER POLICY PERSONAL&ADV INJURY $1,000,000 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED 100'000 PREMISES(Ea Ouxxrence) MED EXP(Any one person) $5,000 ❑ EACH OCCURRENCE $ BUSINESSOWNERS AGGREGATE S AUTOMOBILE LIABILITY COMBINE SINGLE LIMIT $1,000,000 A (Each accident)7/7/2017 1/7/2018 • SCHEDULED AUTOS BAP 2099108 BODILY INJURY(Per person) ❑ HIRED AUTOS i BODILY INJURY(Peracedenl) ry • NON-OWNED AUTOS (Peraccident) I ❑ GARAGE LIABILITY (Other) ❑ EXCESS LIABILITY— EACH OCCURRENCE $ OCCURRENCE AGGREGATE V1C STATUTORY IJ 11S ci AND EMPLOYERS'OYCOMPENSATION RS'LIABILITY A NlA� WC 0225953 5/15/2017 5/15/2018 E.L-EACH ACCIDENT $500,000 AND EMPLOYERS'LIILIT i POLICY APPLIES TO THE WORKERS EL DISEASE-EA EMPLOYEE $500,000 COMPENSATION LAW IN THE STATE OF NC E .DISEASE-POLICY LIMIT $500,000 OTHER: DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED AUTHORIZED REPRESENTATIVE BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE U © DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. DATE 8/22/2017 COI 0910