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Home My WebLink About2018-761-E AMS - Signs Now Cedar Grove CC DocuSign Envelope ID:5C1C2EC5-BO6D-402E-9OC2-63277FOFC162 [Departmental Use Only] TITLE CGCC Building Sign FY 2018-19 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 14th day of November, 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 Signs Now (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 building sign for Cedar Grove Community Center per proposal 14794 dated 11/2/18. The term of this agreement rendered shall be from November 14, 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 Two Thousand, Two Humdred Twenty Nine Dollars and Fifty Cents, ($2,229.50). 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:5C1C2EC5-B06D-402E-90C2-63277FOFC162 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:5C1C2EC5-BO6D-402E-9OC2-63277FOFC162 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: [`r, fi'n S ftmv, 11/27/2018 By: 11/14/2018 Department Director Title:°owner j vP 200 S. Cameron St. Signs Now P.O. Box 8181 1322 Fordham Blvd,#5 Hillsborough,NC 27278 Chapel Hill,NC 27514 Revised 10/17(Mgr appry 5k 6/18) 3 DocuSign Envelope ID:5C1C2EC5-B06D-402E-90C2-63277FOFC162 1322 Fordham Blvd.#5•Chapel Hill,NC 27514•919-929-0702•Fax 919-929-1997 Page 1 of 1 Estimate: 14794 Printed: 11/2/2018 12:07:43PN Description: Dimensional Letters(Cedar Grove Community Center) Prepared For: Angel Barnes ph: (919)610-8182 Company: Orange County Asset Mgmt. Services email: abarnes@orangecountync.gov Dear Angel: Sincerely, Tamsy Stokes Owner Product Font Qty Sides Height Width Unit Cosi Install Item Total 1 Dimensional Letters Optima 1 1 1 1 $1,473.95 $0.00 $1,473.95 Color: Brushed Aluminum Description: Dimensional Letters ( 10 in. H., Cast Aluminum/Brushed, Font is Optima, Stud Mounted Into Brick) Text: CEDAR GROVE COMMUNITY CENTER 2 Installaltion 1 0 0 0 $600.00 $0.00 $600.00 Color: Description: Installation of cast aluminum letters. The install will require a bucket truck to reach the area where the letters will go. Text: CEDAR GROVE COMMUNITY CENTER Notes: Line Item Total: $2,073.95 Subtotal: $2,073.95 Taxes: $155.55 Total: $2,229.50 Deposit Required: $1,114.75 Company: Orange County Asset Mgmt. Services 131 W. Margaret Lane Received/Accepted By: Suite 301 Hillsborough, NC 27278 We make you look good! DocuSign Envelope ID:5C1C2EC5-BO6D-402E-9OC2-63277FOFC162 Erie CERTIFICATE OF INSURANCE + . Insurance° -THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY- 100 Erie Ins.PI. ° Erle,PA 16530 CERTIFICATE HOLDER COPY NAME AND NUMBER OF AGENCY DATE ISSUED 08/02/2018 HERRING & BICKERS INS AGY ]NO JJ 1 0 1 3 - 2344 OPERATIONS OR STE 101 NAME AND ADDRESS OF CERTIFICATE HOLDER DURHAM. NC 27705-2336 919-479-9900 NAME AND ADDRESS OF NAMED INSURED ORANGE COUNTY SIGNS NOW/OCCASIONS ENGRAVING PO BOX 8181 STOKES INC ❑/B/A HILLSBOROUGH NC 27278- 1322 N FORDHAM BLVD STE 5 CHAPEL HILL NC 27514-5879 This Is to certify that policies,as Indicated by Policy Number below,are in farce for the Named Insured at the time that the certificate Is being Issued. 1t lr+ f G IIB ` i b cyHFI t�L6t 31d]TR i6TifJ# PJfr r #"�FiYf;, i.:.Ck#1!#t fIC�61l E[f�_ :- = EACH OCCURRENCE $ <%f •', +� FIRE DAMAGE (Any one premises) ff„•>.;;:;:;a<::,z;; �; MED ExP(Any one person) $ PERSONAL&ADV INJURY $ -�/f. v\fix{ ,s.^•.< i; GENERAL AGGREGATE $ .................. PRODUCTS-COMPIOP AGO !jyf f r \BODI AUTOMOBILE LIABILITY Q090630393 09/06/2018 09/06/2019 EACH P NJURY $ \ f {EACH PERSON} OWNED BODILYINJURY (EACH ACCIDENT) .;F,.,•;;,;,;•,.; x• PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE $ 1000000 \ COMBINED EACH OCCURRENCE AGGREGATE STATUTORY LINJUI[IY ACCIDENT S EACH ACCIDENT DISEASE $ POLICY LIMIT DISEASE S EACH EMPLOYEE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CANCELLATION:SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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 certiticate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED FOR INFORMATION PURPOSES ONLY AND ERIE INSURANCE. CONFERS NO RIGHTS ON THE CERTIFICATE HOLDER.IT DOES NOT AFFIRMATIVELY OR NEGATIVELY LIST,AMEND,EXTEND OR OTHERWISE ALTER THE TERMS,EXCLUSIONS AND CONDITIONS OF INSURANCE COVERAGE CONTAINED IN THE POLICY(IES)INDICATED ABOVE.THE TERMS SEE REVERSE SIDE AND CONDITIONS OF THE POLICY(IES)GOVERN THE INSURANCE COVERAGE AS APPLIED TO ANY GIVEN SITUATION.LIMITS SHOWN MAY HAVE BEEN REDUCED BY CLAIMS PAID.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZEDj/] REPRESENTATIVE OR PRODUCER AND CERTIFICATE HOLDER. AUTHORIZED OF-1568 09112 CIF REPRESENTATNE DocuSign Envelope ID:5C1C2EC5-BO6D-402E-9OC2-63277FOFC162 ACQ�LW CERTIFICATE OF LIABILITY INSURANCE 7`112012018 (h.1MDDYYYY) 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 NAMEChrissy Andrews Herring &Bickers Insurance Agency PHONE rxI AX Nb (919)479-1868 2344 Operations Drive ADDRESS Suite 101 INSURER(S)AFFORDING COVERAGE NAIL Durham INC 27705 INSURERA Hartford 00914 INSURED INSURERB Erie Insurance Exchange 26271 Signs Now/Occasions Engraving,Stokes Inc dba INSURER 1322 Fordham Blvd INSURER o INSURER E. Chapel Hill NC 27514 INSURER F COVERAGES CERTIFICATE NUMBER: 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 TYPE OF INSURANCE L U POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER WM DONYYY MIXDD±YYYY X COMMERCIAL GENERAL LIABILITY EACH.OCCURRENCE $ 1000000 DAMAGE TO RENTED CLAIMS-MADE FRI OCCUR PREMISES Eaoccurrence $ 1000000 M E D EXP(Any one person) $ 10000 A N N 22SBAUC3584 08/1012018 08/10/2019 PERSONAL&ADV INJURY $ 1000000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2000000 X POLICY PRO- JECT LOC PRODUCTS OOMF+pP AGO $ 2000000 OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 Ea accident ANY AUTO BODILY INJURY(Per person) $ B AUTOS AUTOS ALL ONAJED �./ SCHEDULED N N Q09-0630393 09/06/2018 09/06/2019 BODILY INJURY(Per accident) $ J� HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS Per accident $ UMBRELLA LiAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION PER - AND'EMPLOYERS'LIABILITY X STATUTE FORT" A OOrFICEWMEMSFR EXCLUDED ECUnVE YIN NIA N 22WECRH7577 08/10/2018 08/10/2019 E L EACH ACCIDENT $ 100000 (Mandatory in NH) E.L.DISEASE-EAEMPLOYEE $ 100000 _ It yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $ 500000 DESCRIPTION OF OPERATIONS;LOCATIONS;VEHICLES (ACORD 1D1,Additional Remarks Schedule,may be attached if more space is required) Re: Operations usual to sign banners mfglengraving in NC. officers are excluded from Work Comp. CERTIFICATE HOLDER CANCELLATION Orange County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 131 W Margaret Lane THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED'REPRESENTATIVE Hillsborough NC 27278 _ d -- Fax: Email:abames@orangecountync.gov C)1988-2014 ACORD CORPORATION- All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD