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HomeMy WebLinkAbout2018-455-E AMS -Signarama Passmore mobilityDocuSign Envelope ID: C64A834C- 79DE- 4CE8- BD84- E1C4F13A54F6 NORTH CAROLINA ORANGE COUNTY CONSTRUCTION SERVICES AGREEMENT UNDER $50,000 THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement "), is made and entered into this 29th day of May, 2018 by and between Orange County, North Carolina (hereinafter the "Owner ") party of the first part; and Signarama (hereinafter the "Contractor "), parry 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. 1. TERM AND MAXIMUM AMOUNT PAYABLE Beginning and ending dates of contract: May 29, 2018 through September 30, 2018. The Project Commencement Date shall be May 29, 2018. Dollar Amount Not to Exceed: One Thousand, Eight Hundred Seventy -Two Dollars and Ninety -Two Cents ($1,872.92) 2. SERVICES Contractor agrees to provide the following construction services (the "Work "): Provide and install mobility device signage per estimate QT -20637 dated April 6, 2018. 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 performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to Owner. 3. 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 on 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. 4. 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 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 Revised 10/17 1 DocuSign Envelope ID: C64A834C- 79DE- 4CE8- BD84- E1C4F13A54F6 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. 5. SUSPENSION AND TERMINATION This Agreement may be terminated by Contractor upon thirty (3 0) days' written notice to the Owner, and the Owner may terminate this Agreement upon thirty (30) days' written notice to Contractor. Owner may suspend the Work at any time for Owner's convenience and without penalty to Owner upon three (3) days' notice to Contractor. Upon any suspension by Owner Contractor shall discontinue the Work and shall not resume the Work until notified to proceed by Owner. The notice required by this section or any other 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. Such notice is deemed given upon its delivery to, or deposit in a receptacle of, the United States Post Office. 6. 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: / /www.oran eg c�tync. og v /departments /purchasing division/contracts.php). If Owner'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). Contractor shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 7. INDEMNIFICATION Contractor agrees, without limitation, 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 resulting in property damage or personal injury, including death, or other loss 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 indemnify the Owner to the full extent permitted under North Carolina law. 8. 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. 9. 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 Revised 10/17 2 DocuSign Envelope ID: C64A834C- 79DE- 4CE8- BD84- E1C4F13A54F6 mandate. 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. 10. DISPUTE RESOLUTION Any dispute with respect to any provision of, or the performance or non - performance of, this Agreement shall be subject to the Dispute Resolution Rules and Procedures for Orange County Design, Building Construction, Renovation, and Repair Projects. The policy is incorporated herein by reference and may be viewed at http://www.orangecounnc.gov/del2artments/Turchasing division/contracts.php). 11. 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. 12. 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. Contractor 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 non - 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�ountync ova/ departments / purchasing` division /contracts.php). Any violation of the Orange County Non - Discrimination Policy 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 Contractor affirms that Contractor and any subcontractors of Contractor are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Contractor certifies that Contractor has not been identified, and has not utilized the services of any agent or subcontractor identified, on the lists created by the State Treasurer pursuant to G.S. 147 -86.58 and G.S. 147 - 86.81. This Agreement Revised 10/17 3 DocuSign Envelope ID: C64A834C- 79DE- 4CE8- BD84- E1C4F13A54F6 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 intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. [SIGNATURE PAGE TO FOLLOW] Revised 10/17 4 DocuSign Envelope ID: C64A834C- 79DE- 4CE8- BD84- E1C4F13A54F6 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 B uLU�. �auu,wtvS�� 6/5/2018 B SF" Atal�a yC�P9, , „ County Manager Signarama 200 S. Cameron St. 3702 Hillsborough Rd Ste. 1 P.O. Box 8181 Durham, Hillsborough, NC 27278 NC 27705 Revised 10/17 5 5/30/2018 DocuSign Envelope ID: C64A834C- 79DE- 4CE8- BD84- E1C4F13A54F6 Slgnaar�ra 3702 Hillsborough Rd Ste. 1 Durham, NC 27705 (919) 383 -3500 www.designelementnc.com DESCRIPTION: Reserved Mobility Aluminum Signs w/ Posts Bill To: Orange County Asset Management 131 West Margaret Lane Hillsborough, NC 27278 US Requested By: Angel Barnes Email: abarnes @orangecountync.gov Work Phone: (919) 245 -2628 Cell Phone: (919) 610 -8182 PRODUCTS 1 Reserved Mobility Aluminum Signs w/ Posts (10) Reserved Mobility Aluminum Signs w/ Posts • Aluminum .063" • White Surface • Direct Digital Print • Laminate: 3M 8518 Gloss • Radius Corners: 1" • Holes Drilled: 2 per unit for U- Channels (10) 8' Galvanized U- Channels (10) Sets of Mounting Hardware Installation Install Location: Passmore Center 103 Meadow /ands Dr Hillsborough, NC 27278 "PR /CE INCLUDES INSTALLAT ION 2 Person Install ESTI MATE QT -20637 Payment Terms: Net 30 Pickup At: Design Element & Signarama of Durham 3702 Hillsborough Rd Ste. 1 Durham, NC 27705 US Salesperson: Stan Mallard Email: stan @signsdurhamnc.com Work Phone: 919 - 383 -3500 x 200 QTY 1 UNIT PRICE $835.7500 TOTALS $835.75 Generated On: 4/6/2018 4:02 PM Page 1 of 3 DocuSign Envelope ID: C64A834C- 79DE- 4CE8- BD84- E1C4F13A54F6 1.1 Aluminum White .063" - Aluminum Signs Part Qty: 10 Width: 12.00" Height: 18.00" Sides: 1 1.2 U- Channel 8ft 2lbs Galvanized - 8' Galvanized U- Channels Part Qty: 7 1.3 Hardware, 1 Nut,1 Bolt, and 1 Round Washer Set - Hardware Sets Part Qty: 20 2 Core Drill Installs 3 $187.5000 $562.50 Drill a 10" diameter hole 24" deep through approx. 4" of concrete into compacted gravel /dirt with a rig mounted core drill equipped with a 10" diameter diamond grade core drill bit. Install u- channel posts 24" deep with supporting concrete. 2.1 Installation - 1 Person, Standard (no bucket truck) - - # of Hours: 0.75 3 Brick Mounted Installs 4 $55.0000 $220.00 Drill a 10" diameter hole 24" deep through approx. 4" of concrete into compacted gravel /dirt with a rig mounted core drill equipped with a 10" diameter diamond grade core drill bit. Install u- channel posts 24" deep with supporting concrete. 3.1 Installation - 1 Person, Standard (no bucket truck) - - # of Hours: 0.5 4 Trip Charge for Installation 1 $99.0000 $99.00 Trip Charge for Installation Install Location: Passmore Center 103 Meadow /ands Dr Hillsborough, NC 27278 Individual U- Channel Locations TBD 4.1 Trip Charge - In State - Part Qty: 1 5 Setup Fee 1 $25.0000 $25.00 Setup Fee - Setup fees include file pre -press preparation, RIP conversion, and 5.1 associated operational costs - Retail Price: $25 Subtotal: $1,742.25 TURNAROUND TIMES: Standard turnaround time for most orders is 5 -7 business Taxes: $130.67 days. If needed sooner, Signarama & DesignElement can expedite the order for Grand Total: $1,872.92 an additional fee. 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 Generated On: 4/6/2018 4:02 PM Page 2 of 3 DocuSign Envelope ID: C64A834C- 79DE- 4CE8- BD84- E1C4F13A54F6 Signature: Date: Choose DesignElement for quick turn signs to multi phase developments, digital pylon signs, entry monuments, and more! Generated On: 4/6/2018 4:02 PM Page 3 of 3 DocuSign Envelope ID: C64A834C- 79DE- 4CE8- BD84- E1C4F13A54F6 ACORN® AC� CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 6/28/2017 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: AX . E., Ext: (919) 732 -2191 _[(MC, No: (919)732 -2192 Colonial Insurance Agency Hillsborough E -MAIL ADDRESS: COMMERCIAL GENERAL LIABILITY INSURER(S) AFFORDING COVERAGE NAIC # PO BOX 490 INSURERA:Owners 32700 HILLSBOROUGH NC 27278 INSURED INSURER B: CLAIMS -MADE 1X OCCUR INSURER C: Greer And Associates Inc dba Signarama INSURER D: Design Studio of Durham, DesignElement INSURER E: $ 300,000 3702 Hillsborough Rd Ste 1 INSURER F: $ 10,000 Durham NC 27705 -2953 COVERAGES CERTIFICATE NUMBER:CL1762802294 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 LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DD /YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE 1X OCCUR DAMAGE TO PREMISES Ea occuErrDence $ 300,000 MED EXP (Any one person) $ 10,000 35171729 6/30/2017 6/30/2018 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3 , 000 , 000 POLICY PRO- ❑ LOC JECT X PRODUCTS - COMP /OP AGG $ 3 , 000 , 000 Premises /Operations $ OTHER: AUTOMOBILE LIABILITY (CEO, accidMBINED ent SINGLE LIMIT $ 1 , 000 , 000 X BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS 4925065704 6/30/2017 6/30/2018 BODILY INJURY (Per accident) $ PROPERTY DAMAGE APer accident $ NON -OWNED HIRED AUTOS AUTOS Uninsured /Underinsured $ 1,000,000 X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2 , 000 , 000 A EXCESS LIAB CLAIMS -MADE DED X RETENTION$ 10,000 $ 4925065702 6/30/2017 6/30/2018 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANY PROPRIETOR /PARTNER /EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 A OFFICER /MEMBER EXCLUDED? (Mandatory in NH) NIA 35148890 6/30/2017 6/30/2018 E.L. DISEASE - EA EMPLOYE $ 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���o ACORD 25 (2014/01) INR025 19ni4nn ©1988 -2014 ACORD CORPORATION. All rights reserved. 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