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HomeMy WebLinkAbout2019-546-E AMS - Greer Associates SportsPlex signageRevised 12/18 1 [Departmental Use Only] TITLE Sidewalk Signs FY 2018-2019 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 27rd day of May, 2019, (“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 Greer and Associates Inc (the "Provider"), party of the second part; W I T N E S S E T H: 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 all materials and labor to install two Pedestrian Crosswalk Signs w/ Posts 36" x 36" - High and installing. Installation to include: Drive 2" x 2" x 14' Square Galvanized Channel Posts into Specified Marked Install Locations, Driving Posts 24" below Grade. Mount Proposed Traffic Signs to 2" x 2" x 14' Square Galvanized Channel Posts using Bolt, Nut, Washer Hardware Sets. The term of this agreement rendered shall be from May 27, 2019 to June 30 , 2019. 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 Nine Hundred Forty-Four Dollars and Forty Cents, ($944.40). 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. DocuSign Envelope ID: 51976AA2-0726-4464-88DC-C8F2B4FFE12E Revised 12/18 2 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 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 11A 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.orangecountync.gov/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 DocuSign Envelope ID: 51976AA2-0726-4464-88DC-C8F2B4FFE12E Revised 12/18 3 such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. 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: _________________________ Department Director Title: ________________________ 200 S. Cameron St. Greer and Associates Inc P.O. Box 8181 3702 Hillsborough Road Suite 1 Hillsborough, NC 27278 Durham NC DocuSign Envelope ID: 51976AA2-0726-4464-88DC-C8F2B4FFE12E     Ordered By:Angel Barnes Email: abarnes@orangecountync.gov Work Phone: (919) 245-2628 Cell Phone: (919) 610-8182 Salesperson:Stan Mallard Email: stan@designelement-raleigh.com Work Phone: 919.383.5561 x 205 NO.Product Summary QTY UNIT PRICE TAXABLE AMOUNT 1 Pedestrian Crosswalk Signs w/ Posts | 36" x 36" - High Intensity Prismatic 2 $299.755 $599.51 $599.51 Traffic Signs: Material: .080" Aluminum Reflective: High Intensity Prismatic Color: Bright Yellow Symbol: Pedestrian Crosswalk/Arrow Pedestrian Dimensions: 36" x 36" Arrow Dimensions: 12" x 24" ---- Posts: Type: 2" x 2" Galvanized Square Channel Posts Length: 14' (168") 1.1 Traffic Signs .080" Aluminum - Pedestrian Crosswalk Signs 1.2 Traffic Signs .080" Aluminum - Arrow Signs 1.3 Square Channel 14ft 2lbs Galvanized - 2" x 2" x 14' Galvanized Square Channel Post 1.4 Hardware, 1 Nut,1 Bolt, & 1 Round Washer - Mounting Hardware 2 Installation + Trip Charge 1 $279.00 $279.00 $279.00 Installtion to Include: Drive 2" x 2" x 14' Square Galvanized Channel Posts into Specified Marked Install Locations, Driving Posts 24" below Grade. Mount Proposed Traffic Signs to 2" x 2" x 14' Square Galvanized Channel Posts using Bolt, Nut, Washer Hardware Sets.b ---- Install Location:b Crosswalk Section of 103 Meadowlands Drive Hillsborough, NC 27278 Bill To:Orange County Asset Management 131 West Margaret Lane Hillsborough, NC 27278 US Installed:Orange County Asset Management 103 Meadowlands Drive Hillsborough, NC 27278 US DESCRIPTION: 103 Meadowlands Drive | Pedestrian Crosswalk Signs + Install ORDER I-24319 PO Number: Payment Terms: Net 30 Create the world you work in. www.designelement-durham.com Greer and Associates, Inc. 3702 Hillsborough Rd Ste 1 Durham, NC 27705 (919) 383-3500 Created Date: 5/23/2019 Generated On: 5/23/2019 2:17 PM Page 1 of 2 DocuSign Envelope ID: 51976AA2-0726-4464-88DC-C8F2B4FFE12E 2.1 Installation - 2 People, Standard (no bucket truck) - 2.2 Trip Charge - In State (By Mile) - Subtotal:$878.51 Taxable Amount:$878.51 Taxes:$65.89 Grand Total:$944.40 Amount Paid:$0.00 BALANCE DUE:$944.40 TURNAROUND TIMES: Standard turnaround time for quick turn signage orders is 5-7 business days. Custom fabricated signs require a longer production cycle and may take as long as 4 to 6 weeks or longer depending on the complexity, the quantity of signs ordered, and the scope of the project. If your sign requires permitting, we do not begin fabrication until we have an approved permit from your town's planning department. Rush fees are available on quick turn signage made in our main store fabrication department to expedite an order upon request. Please ask your sales representative for details. 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: Generated On: 5/23/2019 2:17 PM Page 2 of 2 Choose DesignElement for quick turn signs to multi phase developments, digital pylon signs, entry monuments, and more! DocuSign Envelope ID: 51976AA2-0726-4464-88DC-C8F2B4FFE12E DocuSign Envelope ID: 51976AA2-0726-4464-88DC-C8F2B4FFE12E 08/01/2018 Colonial Insurance Agency Hillsborough PO Box 490 HILLSBOROUGH NC 27278 (919) 732-2191 (919) 732-2192 Greer And Associates Inc dba Signarama Raleigh-West-RTP and of Durham, DesignElement of NC 3702 Hillsborough Rd Ste 1 Durham NC 27705-2953 Owners 32700 CL186702878 A 35171729 06/30/2018 06/30/2019 1,000,000 300,000 10,000 1,000,000 3,000,000 3,000,000 Premises/Operations A 4925065704 06/30/2018 06/30/2019 1,000,000 Uninsured/Underinsured Motorist BI 1,000,000 A 4925065702 06/30/2018 06/30/2019 2,000,000 2,000,000 A 35148890 06/30/2018 06/30/2019 1,000,000 1,000,000 1,000,000 Job Location: 200 S Cameron St Hillsborough NC 27278 Certificate holder is additional insured with respects to General Liability by signed written contract before a loss. Orange County Asset Management Services 131 W Margaret Lane Hillsborough NC 27278 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY DocuSign Envelope ID: 51976AA2-0726-4464-88DC-C8F2B4FFE12E