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Home My WebLink About2017-740-E AMS - Carolina Parking deck gate replacement DocuSign Envelope ID:8FB10AE2-FF42-455E-B977-09A898706984 [Departmental Use Only] TITLE Gate Replacememtn FY 2017/2018 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA TKIS AGREEMENT, made and entered into this I Ith day of September, 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 Carolina Parking& Entry Systems,LLC (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. Orange County Parking Deck-Gate Replacement of Gate#1 and Gate #2.Includes 2 gate operators,2 gates, 1 folding arm kit and labor. The term of this agreement rendered shall be from 9/18/2017 to 11/02/2017. 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 Six Hundred Fifty, ($6,650.00). 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 2/17 1 DocuSign Envelope ID:8FB10AE2-FF42-455E-B977-09A898706984 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 NIA 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. S. Indemni : 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. Priori : 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.orangecotipVnca ov/departments/purchasing division/contracts.plip.). 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 A ro nation: 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 RMsed 2117 2 DocuSign Envelope ID:8FB10AE2-FF42-455E-B977-09A898706984 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 2117 3 DocuSign Envelope ID:8FB10AE2-FF42-455E-B977-09A898706984 IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. ORAN` �D c u5igned by, PROVI1 DcuSigned by: 9 by, By 0637994B755E477... — By' FDBE941685D74E9... County Manager Title: owner 200 S.Cameron St. Cameron Miller P.O.Box 8181 301 Twinwood Rd Hillsborough,NC 27278 Clemmons,NC 27102 i i Revised 2/17 DocuSign Envelope ID:8FB10AE2-FF42-455E-B977-09A898706984 CA► R. OLINA ENTRY SOLUTIONS Date -8-4-17 Customer -Orange County Parking Project -Gate Replacement 2- Doorking Barrier Gate Operators-$5000. 2-14 ft Gate Arms W Hardware-$ 500. 1 - Folding Gate Arm Kit-$ 150. Labor-$ 1000. Total-$6650. Cameron Miller Carolina Entry Solutions cameron@carolinaentrysolutions.com 336.682.2768 qll(oq t � carolinaentry.golutions&gmail.com (336)893-0811 carolinaentrysolutions.com DocuSign Envelope ID:8FB10AE2-FF42-455E-B977-09A898706984 zqErie CERTIFICATE OF INSURANCE DATE ISSUED(MMIDONY) z.. I nsurancY -THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY— 8/16/17 Nome Office - 100 Erie Insurance Place - Erie,Pennsylvania 16530 • 814,870.2000 Toll free 1.800.458.0811 - Fax 814,870.3126 • www.edehaurame.com NAME AND ADDRESS OF AGENCY LONG INSURANCE SERVICES AGENT'S NO, 311 S MAIN ST Jg1319 ICERNERSVII.LE,NC 27284-2772 Co"E rieElllldeDmnANCLo 1toAn®�in-Fact o in cah e (336)992-5664 This certificate Is Issued for information purposes an and confers NAME AND ADDRESS OF NAMED INSURED no rights an the certificate holder,It does not aff[rmativaiy or negatively amend,extend,or otherwise alter the terms,okoluslons Carolina Parking&Entry and eDrlditions of Insurance coveraga contained In the policy(les) Systems LLC Indicated below.The terms and conditions of the pal€cy(les)govern the insurance coverage as applied to any given situa lon,Limits 301 Twinwood Road shown may have been reduced by claims paid.This certificate of Clenamons,NC 27012 Insurance does not constitute a contract between the Issuing insurer{s); authorized representative or producer and the certificate holder. This Is to certify that pollcies,as Indicated by the Policy Number below,are in farce for the Named Insured at the time that the Certificate Is beInq Issued, =` P{11 G�iillhtBtR. _ 111ui3T5';" � ,c _iVl'EOIFINSU[trtifV4F, _ C❑GENERAL LIABILITY 8I7117 817/18CII DCCURRENCI~ - 1 000 000 Q32 0721264 FIREDAViAGi i1c�Flre 1000 000 COMMERCIAL GENERAL LIABILITY ❑CLAIMS MADE ❑OCCU IHE61€7IP Olae Pcrs 10 000 ❑ PEIi WD' th"A"Y 1,000,000 r ❑ GEl7ERAi AGfirfiEGATE j` 2,000,000 GENT AGGREGATE LIMIT APPLIES PER Pf;fiDfiGTS-CUMPI�QPAfG 2000(100 � POLICY ❑PROJECT ❑LDG r, 3 ® AUTOMOBILE LIABILITY BDG]IYINIURY` 4F ❑"ANYALITO"(H6N ONEOJ}` (EACH PlASONJ �;` $ ❑OWNED .;LLf1113LYi JURY;" ; AOO r $ s =. ®HIRED PLlO3'EATYbALAAGErsr BO3DILY IfiftlR�'AND R Y 4❑NON OWNED Lt(IP€RfYDAFgAl T ❑ $ GARAGE sSOM$INEV, 5 _R ❑EXCESS LIABILITY FAl;tt4CCi18FIENCI? P ✓"" �- ❑OCCURRENCEIGR£GATI ,r ❑RETENTION S IS € s 5 T a C WORKERS COMPENSATION& •--',: EMPLOYERS LIABILITY Q92 0700659 817117 8f7118 ACCIDENT $ 100,000 EACH ACCIDENT 80A1L DISEASE $ 500,000 PnUCY LIMIT _N1: DISEASE 5 100,000 EACH EMPLOYEE OTHER DESCRIPTION OF OPERATIONS/LUCATLO)NSNEHICLESIEHCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIV- ERED IN ACCORDANCE WITH THE POLICY PROVISIONS. IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(les)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 endorsernent(s). NAME AND ADDRESS OF CERTIFICATE HOLDER Orange County AUTHORIZE0 REPRESENTATIVE PO Box 8181 Hillsborough,NC 27278 EIG6230 8/11 Page 1 of 1 I DocuSign Envelope ID:8FB10AE2-FF42-455E-B977-09A898706984 Q Hill To Requisition 00097609-00 FY 2018 ASSET" MANAGEMENT ORANGE COUNTY Acct No: PO BOX 8181 10 -20-240-2403-20-00-570000- HILLSBOROUGH, NC Review: 27278 Buyer: dcannel,l Status: Allocated Page 1 Vendor Ship To CAROLINA ENTRY SOLUTIONS LLC ASSET MANAGEMENT 1209 LAMONT ]DRIVE ORANGE COUNTY 131 W MARGARET LANE, STE 301 HILLSBOROUGH, NC 27278 WINSTON SALEM, NC 27103 ACOOPER@ORANGECOUNTYNC.GOV Delivery Reference PAUL SORRELL 919-245-2625 Date }Vendor Date iShip Ordered Number Required Via Terms Department 08/14/17 1063705 1 I 12400 ASSET MANAGEMENT SERVI LN Description / Account Qty Unit Price Net Price General Notes CONFIRMING P.O.- DO NOT DUPLICATE ORDER ALREADY PLACED BY DEPARTMENT 001 CAROLINA ENTRY SOLUTIONS- 1.00 6650.00000 6650.00 CONTRACT-- GATE 1 & 2 REPLACEMENT. EACH INCLUDES 2 D ORKING BARRIER GATE OPERATORS, 2 14FT GATE ARMS W HARDWARE, 1 FOLDING GATE ARM KIT AND LABOR 1 10 -20--240-2403-20-00-570000- 6650 .00 Shi To ASS T MANAGEMENT ORANGE COUNTY 131 W MARGARET LANE, STE 301 HILLSBOROUGH, NC 27278 Delivery Reference PAUL SORRELL 919-245--2625 Requisition_Link Requisition Total 6650.00 ***** {General Ledger Summary Section ***** Account Amount Remaining Budget 10 -20-240-2403-20--00-570000- 6650.00 155409.72 f