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Home My WebLink About2015-692-Visitor Bureau-AXIS Construstion Agreement i 77crS - zr � DocuSign Envelope ID : 5004353C - 17AB-4010-9OB4- B1 COAE44672A i NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER $ 50 , 000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement") , is made and entered into this 15th day of May , 2015 by and between Orange County, North Carolina (hereinafter the " Owner" ) parry of the first part ; and AXis Construction Management , Inc (hereinafter the " Contractor" ) , party 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 Beginning and ending dates of contract : May 15 , 2015 through May 31 , 2015 . The Project Commencement Date shall be May 15 , 2015 . 2 . MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed : six thousand seven hundred eighty dollars and thirty cents ($ 6 ,780 . 30 ) 3 . SERVICES Contractor agrees to provide the following construction services (the " Work") . paint two coats of County slected color, and handle furniture and protect carpet in sourrounding areas ; then perform final cleaning at the Visitors ' Bureau , located at 501 W Franklin Street, in Chapel Hill , as described in attached estimate . 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. 4 . PAYMENT Contractor shall submit an invoice for construction services provided . The invoice shall contain Contractor' s naive 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 . Revised 10/ 14 1 DocuSign Envelope ID : 5004353C- 17AB -4010-9OB4- B1COAE44672A 5 . 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 frilly qualified 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 . 6 . TERMINATION This Agreement may be terminated by Contractor upon thirty (30) days ' written notice to the Owner, and the Owner may terminate this Agreement upon thirty (30 ) days ' written notice to Contractor. Thus or any other written 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 . 7 . INSURANCE RE, QUIREMENTS 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 : Horan ecountync . goy/purchasing/contracts . asp) . 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 . S . INDEMNIFICATION Contractor agrees 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 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 . 9 . 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. 10 , NON—APPROPRIATION Revised I0/ 14 2 DocuSign Envelope ID : 5004353C - 17AB-4010-9OB4- B1 COAE44672A 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 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 Linder 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 . I L DIGITAL SIGNATURES This Agreement together with any amendments or modifications may be executed electronically . All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article l l A and Article 40 of North Carolina General Statute Chapter 66 . I 12 . 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 . 13 . 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 . Provider shall at all tunes remain in compliance with all applicable local , state, and federal laws , rules , and regulations including but not limited to all anti - discrimination laws . [ SIGNATURE PAGE TO FOLLOW] Revised 10/ 14 3 DocuSign Envelope ID : 5004353C- 17AB-4010- 9OB4- B1 COAE44672A 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 DocuSigned by: Docl�uSigned by: By �jbin,ln,it, �aw�IMc,V'S By Qttiitic btu.+' ,� . braAaVul � Coun °manager' AXis Miff&MManagement, Inc 200 S . Cameron St. 3308 Durham-Chapel Hill Blvd P . O . Box 8181 Ste 150 Hillsborough, NC 27278 Durham, NC 27707 c c I i i i r Revised 16/ 14 4 DocuSign Envelope ID : 5004353C- 17AB-4010-9OB4- B1COAE44672A ORANGE COUNTY-DEPARTMENT USE ONLY Department Party/Vendor Name : AXis Construction Management, Inc Party/Vendor Contact Person : Tony Brannon, COO Contact Phone : 91 9-306 -2796 Party/Vendor Address : 3308 Durham-Chapel Hill Blvd, Ste 150 City Durham State : NC Zip : 27707 Department : Asset Management Services/Visitors Bureau Amount : $6780 . 30 Purpose : rp e�p and paint with County color and final clean at Visitors Bureau Budget Code(s) : 37600530403000 Vendor # 62799 (N/A if new vendor) Vendor is a BOCC consultant? Yes ❑ No ❑ Contract Type ' (Check one) New Renewal ❑ Amendment ❑ Effective Date 05/ 15/2015 Approved by Board Yes ❑ No ❑ Agenda Date : j I This agreement is approved as to tech d,Wtqp,6' i: content * Department Director ' s Signature g` o �won. Date : 5 / 13 / 2015 I Information Technologies c: (Applicable only to hardlvarelsoftware purchases o)• related services) This agreement has been reviewed and is approved as to information technology content and specifications : Office of the Chief Information Officer Date : C c Risk Management This agreement is approved for sufficiency of insurance standards specifications , and requirements : y:Office of the Risk Management OfficerEDocuSigned �tSa �,bvvit,�lb Date : 5 / 14 / 2015 7FDCF9176800498. . . i Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act : DocuSigned by: Office of the Chief Financial Officer trt. Date : 5 /14 / 2015 232DFFC2CFA847B. . . i% Legal Services it This agreement is approved as to711 abWCq" 6iency : I �Office of the Count Attarne btetn, �e� w�s Date : 5 / 14 / 2015 Y Y Clerk to the Board Received for record retention : All Docusign contracts must be copied to Donna Lloydupon completion a Dolloyd@oran .gecoun !ylnc . gov The following signature block is for hard copies only and is not required for Docusign contracts : Reviseu! 10/ 14 5 DocuSign Envelope ID : 5004353C- 17AB -4010- 90B4- B1COAE44672A Office of the Clerk to the Board Date : 4 is Revised 10114 DocuSign Envelope ID : 5004353C- 17AB -4010-9OB4-B1COAE44672A IMMMMMANAMM .. 3308 Durham-Chapel Hill Blvd Ste 150 Durham, NC 27707 P ; ( 919) 306-2796 F ; (919) 336-5108 Estimate m Email: Abranon@nc. rr. com Estimate No . 1538 To : Alan Dorman c/o Orange County Gvmt Date . 2/4/ 2015 Margaret Street EIN : 46 - 3629984 Hillsborough , NC Attie Alan Dorman Email to . adorman@orangecountync. eov Job Address . . . City, State. Job Chapel Hill Visitors Bureau Hillsborough NC Paint i City lint DESCRIPTION UNIT PRICE TOTAL 6256 Sft Interior Paint selected color SW Promar 200 printer 2 coats 0 . 85 57317 .60 1 Lt Furniture handling 480.00 480. 00 1 Lt Protection of carpet an surrounding areas 275 . 00 275 . 00 2022 Lt Final Cleaning 0 .35 707 ,70 Exclusions :No Electrical , Mechanical , Plumbing, millwork involved . - 'rotal S 6,780 .30 Prices Subject to Change, This :estimate is valid for 30 days. DocuSign Envelope ID : 5004353C- 17AB-4010-9OB4- B1COAE44672A i t� i .� ` c � � il� a7 � I� MNVE DA� E15S1zte (MMtt5U1YY'l . . IErie GERTIFIC A 1�f insurance° '� THIS CERTIFICATE iS iSS1.0 AS A MATTER OF iNFORMAT10Ni ONLY i Icme (f x e • I Ob _ re imiurame Place , 1d r� ! Pit, ^ ' iI ire 1 8 ; #,458 CS • Fa)> 81 4 ,3:O 3126 • wvnw e eieinsurance col i III III III AGENT'S N0, . NAME AND ADDRESS OFAGENCY BAREFOiDT �3c YOUNG IN GRCTLI [' t . � l;Q „�, �§ ,� _ S�i" A `+� 1 . JJ 157h ^p • 0 ED1�. 1NSli3iANE PR01' ! Y -CxJt r>f G� tPA ('r 61 N I Flat Applicabial Go ; E C it IPI RA E }�DHA� II�L J KN1Crt-f 'i" 1 .► AII NC: � 754 : -19506 r c In Orrtnity r O.. iAtiarruy lift, act , in ti4Y Go Y_ . >' � s ' n 19 ) 217 - !, 87i) ' _ „ This certificate is issued for InforniaPionputposes only and confers � " no ri hts on the certificate holder. It dogs not affirmatively or NAME AND ADDRESS OF NAMED INSURED negatively amend, extend , or otlierwise after the terms, exclusions Axis Construction Man <I crl�ent i and conditions of insurance coveral a contained in the s) govern indicated belom The terms and cond �lions of the policy(ies) govern IN ( the insurance coverage as applied 10 any given situation • Limits shown may have been roduced by claims paid, This certificate of 33Uti purhau� Chapel IIiU s insurance does not constitute: a I,nntrart between the issuing ' lnsurer ( s ► , authorized representative or producer and the Durhai» , Nt ' 27707 j cerl licit holder, i into sect' that lictes , as indicated by the ! o cyJUW ler b f;lou,x aro I_n- force fpr the Named �sured at the time thai tt e Ce�ificate is . t)�� ed �g i'� u {T��hy}is pp{��I�,, LTIII S G iYPF OF INSURANCE ,_ T _ POLVY NUMBEH� I�Q�� -.._L1nT EACH OCCURRENCE S_ GENERAL LIABILITY I ( 1 1 / 14 1 1 1 ? I / 1 S FIRE DAMAGE (A IS! Prey ; 5 l : (� 1 Q 33 U 122f} 6i �� I ( ► ItLIIII t i � COMMERCIAL GENERAL LIABILITY ) ` MEQtP ¢Mt 7ne Fsanx'; CLAIMS MADE OCCUR PERSONAL d ADV*INJURY1 I ill I(l .il{ I :) GENERN_ A66HGGATh s _ PRODUCTS-c0I4tPtOP AGGi 5 _ GEN't AGGREGATL LIMIT APPUES PER: POLICY PRO.IEM LOG BODILY INJURY ' AUTOMOBILE LIABILITY (EACH PERSON) j $a j (OWNED HIRED, N INJURY 1 "ANYAUTD ' I IIACfFNT 5 ON 01UNEb) _ OWNED ! I PROPERTY DAMAGES HIRED BODILY INJURY AND j { � NON-OWNED PRD COMN AGE COMBINED _ iS 6.. ] GARAGE EACH ocGuQRFNCF S._ It ( EXCESS LIABILITY i ] OCCURRENCE AGGfiT:G11TE �_ a _ _ -. p i RETENTION $ WORKERS COMPENSATION R Qy 5 q i ( 1223 1# �1 ` iI .' I I BODILY ACCIDENT S 1 ( 1Gd) ,G00 EACH ACCIDENT EMPLOYERS LIABILITYINJURY DISEASE S 1 S )CIO .C'Qt} F'I)UCY lJM(T a RY DISEASE S 1 1 )00,(400 VACH PMPLOYEE OTHER OESCRiPTtON OF OPERATIONSROCATIDNSryENICLESIEXGLUSIONS ADDEO RY ENDORSEh4ENT/SPECIAL PROVISIONS i CANCELLATION : SHOULD ANY OF THE ABOVE DESCRI BED POLICIES BE ACAG POLICIES BEFORETHE EXPIRATION DATE I HEREOF, NOTICE WILL BE I) EI IV - ERED IN ACCORDANCE WITH THE POLICY PROVISIONSIN - -- iMpORTpNT; If the certificate holder is an ADDITIONAL INSUROv the Volicy(ies) must be endorsed . If SUBROG JIGId iS WAIVED, subject III the terms and conditions of the pOlicy, certain pollens may require an (endorsement. A statement on tlu :1 cortiticate fines not canter rights to the cerHficate holder in lieu of such end6rsement(S) NAME AND ADDRESS OF cERTI >r are HOLDER ` ( ) r<lljoe ( 4iginLy Govenrl_ient I nuTu )sizrn RE PRtSE;AI•rA1tY# PO Box 8181 I Illisborough , New 2727r• Page 1 of 1 CIGb23Cl $it 1