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HomeMy WebLinkAbout2018-222-E AMS - Signarama Eno River parking deckDocuSign Envelope ID: 293DCAA6- 7D1D- 45E0- AC3D- CACAF94D84F7 [Departmental Use Only] TITLE ERPD Assigned parking FY 2017 -18 ORANGE COUNTY CONTRACT UNDER $1,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 20th day of June, 2018, ( "Effective Date ") by and between Orange County, North Carolina, a body politic and corporate organized under the laws 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 and/or construction (hereinafter referred to collectively as "Services ") to be furnished under this Agreement are as follows: Provide signs for Eno River parking deck per attached proposal dated 6 -11 -18 and proof dated 6- 15 -18. The term of this agreement rendered shall be from June 20, 2018 to July 31, 2018. 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 Eight Hundred Thirty Dollars and Eight Cents, ($830.08). 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 Revised 10/17 DocuSign Envelope ID: 293DCAA6- 7D1D- 45E0- AC3D- CACAF94D84F7 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 be designated here 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, without limitation, 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 in carrying out Provider's duties and obligations related to the Services to be provided in this Agreement. 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 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. Modifications may be evidenced by telefacsimile signature. 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 I IA and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Priority: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and 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 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.oran ec�ouni nc. og v /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 certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147 - 86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147 - 86.81. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. Revised 10/17 2 DocuSign Envelope ID: 293DCAA6- 7D1D- 45E0- AC3D- CACAF94D84F7 10. 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 10/17 DocuSign Envelope ID: 293DCAA6- 7D1D- 45E0- AC3D- CACAF94D84F7 IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY By. p� . Department Director 200 S. Cameron St. P.O. Box 8181 Hillsborough, NC 27278 6/19/2018 Revised 10/17 4 PROVIDER By.�r+cpjaav�c�ya [dvn5 6/15/2018 Title: sa °i es„ Signarama 3702 Hillsborough Road, Ste 1 Durham, NC 27705 DocuSign Envelope ID: 293DCAA6- 7D1D- 45E0- AC3D- CACAF94D84F7 3702 Hillsborough Rd Ste 1 ORDER Durham, NC 27705 (919) 383 -3500 I -21259 www.designelementnc.com Payment Terms: Net 30 Created Date: 6/11/2018 DESCRIPTION: Aluminum Parking Sings Bill To: Orange County Asset Management Pickup At: Design Element & Signarama of Durham 131 West Margaret Lane 3702 Hillsborough Rd Ste 1 Hillsborough, NC 27278 Durham, NC 27705 US US Ordered By: Angel Barnes Email: abarnes @orangecountync.gov Work Phone: (919) 245 -2628 Cell Phone: (919) 610 -8182 Salesperson: Erick Saavedra Torres Email: erick @signsdurhamnc.com NO. Product Summary QTY UNIT PRICE TAXABLE AMOUNT 1 Aluminum .063t 8 $45.9875 $367.90 $367.90 Qty(x8) - SF Direct Print 18 "h x 12 "w Direct Print - 3M Luster Cast 8519 Laminate 2 Holes 1/4" Diameter (Top, Bottom Center) 1" Radius Corners 1.1 Aluminum White .063" - 2 Aluminum .063 10 $37.9270 $379.27 $379.27 Qty(x10) - SF Direct Print 14 "h x 12 "w Direct Print - 3M Luster Cast 8519 Laminate 2 Holes 1/4" Diameter (Top, Bottom Center) 1" Radius Corners 2.1 Aluminum White .063" - 3 Setup Fee 1 $25.0000 $25.00 $25.00 Setup Fee - Setup fees include file pre -press preparation, RIP conversion, and 3.1 associated operational costs Subtotal: $772.17 TURNAROUND TIMES: Standard turnaround times for most orders is 5 -7 Taxable Amount: $772.17 business days. If needed sooner, Signarama & DesignElement can expedite the Taxes: $57.91 order for an additional fee. Grand Total: $830.08 Amount Paid: $0.00 BALANCE DUE: $830.08 Generated On: 6/11/2018 2:42 PM Page 1 of 2 DocuSign Envelope ID: 293DCAA6- 7D1D- 45E0- AC3D- CACAF94D84F7 The above - mentioned prices specifications and conditions are satisfactory and are hereby accepted. You are authorized to do all the work specified. Payment will be made as outlined above Signature: Date: Choose DesignElement for quick turn signs to multi phase developments, digital pylon signs, entry monuments, and more! Generated On: 6/11/2018 2:42 PM Page 2 of 2 DocuSign Envelope ID: 293DCAA6 -7D1 D- 45E0- AC3D- CACAF94D84F7 • ORANGE COUNTY NORTH CAROLINA Oranqe County Customers Only Monday - Friday 8:00am to 5:00pm Qty(x8) - SF Direct Print 18 "h x 12 "w Direct Print - 3M Luster Cast 8519 Laminate 2 Holes 1/4" Diameter (Top, Bottom Center) 1 " Radius Corners Qty(xl0) - SF Direct Print 14 "h x 12 "w Direct Print - 3M Luster Cast 8519 Laminate 2 Holes 1/4" Diameter (Top, Bottom Center) 1" Radius Corners CONFIRMATION DRAWING Project: i21259 Company: Orange County Asset Management • 131 West Margaret Lane ORANGE COUNTY NORTH CAROLINA NC Service Contact: Parking Phone: Only Email: abarnes @orangecountync.gov Description: Qty(xl0) - SF Direct Print 14 "h x 12 "w Direct Print - 3M Luster Cast 8519 Laminate 2 Holes 1/4" Diameter (Top, Bottom Center) 1" Radius Corners CONFIRMATION DRAWING Project: i21259 Company: Orange County Asset Management Street: 131 West Margaret Lane City, State, Zip: Hillsborough, NC 27278 Contact: Angel Barnes Phone: 919 - 610 -8182 Email: abarnes @orangecountync.gov Description: Comments: Install /DeliverlShip: Store Pickup Approved By: Signature: Dote: MMMM �A ""Si gTnaram�a- Project #: i21259 Folder: X:l server100_ DesignStudio1000 _ProjectFolderlM- O\Orange County Asset Mgt & Misc cDPVeiGer NDTfLe Designrlemem expressly reserve.itscommo.law copyri�It, ndother property rights in these drawings. these drawings are not to 3702 -1 HILLSBOROUGH ROAD DURHAM, NC 27705 Drawn by: Erick Date: 6/1512018 © be reproduced, changedor copied inany form orma iithmdexpreseedwnnenpermis :iontromDe :ignElemeo aritsarenates. Please note t'nat 919/383.5561 DESIGNELEMENTNC. COM ustom turn around limes vary. Please ask your sales associate tar an accurate productlon timeline. Unless otherwise contracted, production does not be gin until signs have been permitted and a 50% deposit has been collected. Standard productlon times for stock quick turn signs is 5 to ] working days.