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HomeMy WebLinkAbout2018-702-E AMS - Triangle Office Equipment BOCC Storage Room DocuSign Envelope ID:80ECD3B8-D9EB-44F5-8FC9-7F530FB2B9C6 [Departmental Use Only] TITLE BOCC Storage FY 2018-19 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 18th day of October, 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 Triangle Office Equipment (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 and install solid panel walls and a door for the BOCC storage room per proposal dated 6/7/2018. The term of this agreement rendered shall be from October 18,2018 to December 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 Four Thousand, Eight Hundred Twenty Eight Dollars and Eighty Cents, ($4,828.80). 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(Mgr appry 5k 6/18) 1 DocuSign Envelope ID:80ECD3B8-D9EB-44F5-8FC9-7F530FB2B9C6 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. If such mediation fails either party may initiate litigation to resolve the dispute. 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(Mgr appry 5k 6/18) 2 DocuSign Envelope ID:80ECD3B8-D9EB-44F5-8FC9-7F530FB2B9C6 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. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER By'� By' �10/26/2018 10/18/2018 �°µ � - oepartment Director Title:""r'd''c' 200 S. Cameron St. Triangle Office Equipment P.O. Box 8181 300B South Elliott Road Hillsborough,NC 27278 Chapel Hill,NC 27514 Revised 10/17(Mgr appry 5k 6/18) 3 =5-8FC9-7F530FB2B9C6 Prepared For: Angel Barnes 6/7/2018 Orange County Prepared By: Madison Dail Hillsborough Rep: Trey Jones P: 919-245-2628 Rep Phone: 919-291-1998 4-Way Condition, 9' and less 1 Attachment E $ 73.92 $ 73.92 Panel Height .108 108 inches plus Fraction .0 none Trim Color T2 Textured Trim Colors ured Trim Color TJ Textured Stucco 3ase Trim Color —.TI Smooth Trim Colors Doth Trim Color —.J Stucco Solid Panel, 18" centerline width 19 Attachment E $ 107.84 $ 107.84 Panel Width .18 18 inches plus Fraction .0 none Panel Height .096 96 inches plus Fraction ... Skipped Option Grade Selection V Vinyl/Com Both Sides -Grade/Pattern GOB Textured Vinyls-Shc red Vinyl Colors V49 Textured Stucco -Grade/Pattern GOB Textured Vinyls-Sd2 red Vinyl Colors V49 Textured Stucco Trim Color T2 Textured Trim Colors ured Trim Color TJ Textured Stucco tANGE COUNTY\LINK BUILDING PHASE 1\CDB\OC-LINK-MAINFLOOR-ADDITIONS-5-31-18.visual.sp4 Page 1 of 5 =5-8FC9-7F530FB2B9C6 Straight Condition, Standard, 9' and less Attachment E $ 51.20 $ 204.80 Panel Height .108 108 inches plus Fraction .0 none Grade Selection .OS Vinyl Same Vinyl All Sides -Grade/Pattern GOB Textured Vinyls-All red Vinyl Colors V49 Textured Stucco Punchouts .1 Punchouts inchouts Side 1 CN No Punchout inchouts Side 2 CN No Punchout nt Mounting Kit .1 Mounting Kit nting Kit Side 1 NKi No Kit nting Kit Side 2 NK2 No Kit 3ase Trim Color —.T1 Smooth Trim Colors ooth Trim Color —.J Stucco Corner Condition, Standard, 9' and less I Attachment E $ 56.00 $ 56.00 Panel Height .096 96 inches plus Fraction ... Skipped Option election Outside .P02 Textured Paint Colors -ed Paint Colors TJ Textured Stucco Trim Color T2 Textured Trim Colors ured Trim Color TJ Textured Stucco 3ase Trim Color 31 Smooth Trim Colors ooth Trim Color .J Stucco Wall Channel Condition Kit, 9' and less Attachment E $46.40 $46.40 Trim Color T2 Textured Trim Colors ured Trim Color TJ Textured Stucco tANGE COUNTY\LINK BUILDING PHASE 1\CDB\OC-LINK-MAINFLOOR-ADDITIONS-5-31-18.visual.sp4 Page 2 of 5 =5-8FC9-7F530FB2B9C6 Corner Base Trim Attachment E $ 18.56 $ 18.56 Trim Color .J Stucco Corner Crown Attachment E $ 15.68 $ 15.68 Trim Color T2 Textured Trim Colors ured Trim Color TJ Textured Stucco Floor Plate, 12' Attachment E $ 24.64 $49.28 Trim Color .J Stucco Straight Base Trim, 12' Length Attachment E $ 17.28 $ 69.12 Trim Color .J Stucco Straight Crown, 12' Attachment E $ 37.76 $ 75.52 Trim Color T2 Textured Trim Colors ured Trim Color TJ Textured Stucco Solid Panel, 48" centerline width 19 Attachment E $ 287.36 $ 862.08 Panel Width .48 48 inches plus Fraction .0 none Panel Height .108 108 inches plus Fraction .0 none Grade Selection V Vinyl/Com Both Sides -Grade/Pattern GOB Textured Vinyls-Sdi red Vinyl Colors .V49 Textured Stucco -Grade/Pattern GOB Textured Vinyls-Sd2 tANGE COUNTY\LINK BUILDING PHASE 1\CDB\OC-LINK-MAINFLOOR-ADDITIONS-5-31-18.visual.sp4 Page 3 of 5 =5-8FC9-7F530FB2B9C6 red Vinyl Colors V49 Textured Stucco Trim Color T2 Textured Trim Colors ured Trim Color TJ Textured Stucco Panel Options PO No Opening 48"W cntrline, 33"opening, Std Door Section w/8" Side Panel, RH 309 Swing, 8'1/4"h to 9'h Attachment E $ 722.24 $ 722.24 Panel Height .108 108 inches plus Fraction .0 none Grade Selection V Vinyl/Com Both Sides -Grade/Pattern GOB Textured Vinyls-Shc red Vinyl Colors V49 Textured Stucco -Grade/Pattern GOB Textured Vinyls-Sd2 red Vinyl Colors V49 Textured Stucco ansom Opening TN No Opening Door Height .7H 7 Foot 0 Inch Door Door Lite FD Flush Door Door Type SC Solid Core )r Surface Color V Vinyl Covered Door Vinyl Color .2 Textured Vinyl Colors red Vinyl Colors .V49 Textured Stucco Door Louver NL No Louver Door Hardware LL Lever Lockset Key Set RK Random Trim Color T2 Textured Trim Colors ured Trim Color TJ Textured Stucco 3ase Trim Color T1 Smooth Trim Colors ooth Trim Color .J Stucco Filler Panel, 48"centerline width 19 Attachment E $ 287.36 $ 287.36 Panel Height .108 108 inches plus Fraction .0 none Grade Selection V Vinyl/Com Both Sides tANGE COUNTY\LINK BUILDING PHASE 1\CDB\OC-LINK-MAINFLOOR-ADDITIONS-5-31-18.visual.sp4 Page 4 of 5 =5-8FC9-7F530FB2B9C6 -Grade/Pattern GOB Textured Vinyls-Sdi red Vinyl Colors .V49 Textured Stucco -Grade/Pattern GOB Textured Vinyls-Sd2 red Vinyl Colors V49 Textured Stucco Trim Color T2 Textured Trim Colors fired Trim Color TJ Textured Stucco Installation Lion $ 2,240.00 $ 2,240.00 $4,828.80 For 60 days. Any drawing or specification revisions are subject to re-quote at the current pricing in effect at the time of order. specifications should be reviewed carefully before ordering. All orders are custom and can not be returned unless a 40% ,s team have made every effort to complete accurate plans and specifications. End User approval and signature is required DATE: Delivery Phone#: tANGE COUNTY\LINK BUILDING PHASE 1\CDB\OC-LINK-MAINFLOOR-ADDITIONS-5-31-18.visual.sp4 Page 5 of 5 =5-8FC9-7F530FB2B9C6 ATTORNEY\P RK 3 Q ATTORNEYTOFFICE 00 0 o O00 0 0 F 24/108 GH 36/108 GH 36/108 GH 36/f 2/108WDSL4809 CLERK , 0 3 00 0 00 0 v r'n 3 48/108 WCSS08 S 48/108 WCSS08WDSR4809 0 TC3'CS TFPFFP TSBSH'Sl3SB TCBTCC Ceilil 00 00 0000 0 O High] Matc: Powe F 12/108 GH 48/108 GH 48/108 GH 48/108 WDSL4 o _ 0��0 TV255 4 5 M �y H w 6 CLERK OF\PCOURT OFFICE N N CLERK OFTCOURT OFFIC DocuSign Envelope ID:80ECD3B8-D9EB-44F5-8FC9-7F530FB2B9C6 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/ 12/07/22017 017 Y) 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 have ADDITIONAL INSURED provisions or 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 Patty Miller NAME: Business Insurers of Carolinas PHONE CC . Ext: (919)968-4611 ac,No: (919)968-8991 800 Eastowne Drive,Suite 208 E-MAIL pmiller@business-insurers.com ADDRESS: PO Box 2536 INSURER(S)AFFORDING COVERAGE NAIC# Chapel Hill NC 27515-2536 INSURERA: Tri-State Ins Co of Minnesota 31003 INSURED INSURER B: Acadia Insurance Company 31325 Triangle Office Equipment,Inc. INSURER C: PO Box 2372 INSURER D: INSURER E: Chapel Hill NC 27515 INSURER F: COVERAGES CERTIFICATE NUMBER: 17-18 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 ADUL SUBIR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE CLAIMS-MADE IX-1 OCCUR PREM SESO(Ea occurrence)RENTED $ 300,000 MED EXP(Any one person) $ 10,000 A ADV4359170 11/01/2017 11/01/2018 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY 1-1 —]❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT OTHER: Employee Benefits $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED CNA-4359171-41 11/01/2017 11/01/2018 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) Underinsured motorist BI $ 1,000,000 _r" UMBRELLA LIAB `"""` OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STAT YIN UTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 B OFFICER/MEMBEREXCLUDED? ❑ N/A WCA-4359172-41 11/01/2017 11/01/2018 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If ves,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Orange County ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 AUTHORIZED REPRESENTATIVE j Hillsborough NC 27278 ,/ ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD