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HomeMy WebLinkAbout2024-056-E-AMS-Advanced Seal Coating-Eno River Parking Deck - EV Parking Space PaintingRevised 04/23 1 [Departmental Use Only] TITLE EV Parking Lot Paint FY 2023-2024 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, is between Orange County, North Carolina, a body politic organized under the laws of the State of North Carolina, (the "County"), and Advanced Seal Coating, Inc. (the "Provider"). 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 services set out below to the County in accordance with the terms of this Agreement, time being of the essence. The services or materials or construction (hereinafter referred to collectively as “Services”) to be furnished under this Agreement are as follows: Layout and Stripe 6 Electric Car Stencils in Eno River Parking deck. Pricing Includes the cost of Custom “ELECTRIC VEHICLE PARKING ONLY” Stencil to become the property of Orange County Asset Management Services for Future Use. The term of this agreement rendered shall be from January 29, 2024 to March 31, 2024. 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 (as determined by the County) performed in accord with this Agreement. The amount to be paid by the County shall not exceed One Thousand, Two Hundred Dollars, ($1,200.00). 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 DocuSign Envelope ID: 7242962D-B629-486C-BFB2-AE22922E493C Revised 04/23 2 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: To the extent authorized by North Carolina law 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. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 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 this Agreement is 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. Should any documents, exhibits, or addenda be attached to this Agreement, the terms of this Agreement shall have priority in any conflict with or among the terms of such referenced documents, exhibits. 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, DocuSign Envelope ID: 7242962D-B629-486C-BFB2-AE22922E493C Revised 04/23 3 North Carolina. Regardless of the outcome of said litigation each party is responsible for its own costs and fees, including attorneys’ fees. 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 or 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 or non-appropriation of public funds. IN WITNESS WHEREOF, this Agreement is effective upon its execution by Orange County and the Provider. ORANGE COUNTY PROVIDER By: _________________________ By: _________________________ Department Director Title: ________________________ 200 S. Cameron St. Advanced Seal Coating, Inc P.O. Box 8181 8532 Hawksmoor Drive Hillsborough, NC 27278 Raleigh, NC 27615 DocuSign Envelope ID: 7242962D-B629-486C-BFB2-AE22922E493C President 1/26/20241/30/2024 Revised 04/23 4 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Advanced Seal Coating, Inc Vendor Contact Person: Vincent Iannucci (advancedsealcoat@att.net) Phone: (919)971-0698 Address: 8532 Hawksmoor Dr City Raleigh State: NC Zip: 27615 Department: AMS Amount: $1200.00 Purpose: Eno River Parking Deck - EV Parking Space Painting Budget Code(s): 61370035- 880000-11003 Vendor # 59959 Vendor Status with NCSOS: Current - Active Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date 01/29/2024 End Date 03/31/2024 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by AMS Signature Authority - BOCC Express Delegation (Agenda Date: ) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: 11003) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: DocuSign Envelope ID: 7242962D-B629-486C-BFB2-AE22922E493C 1/26/2024 1/29/2024 1/29/2024 1/30/2024 Revised 04/23 5 Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: 7242962D-B629-486C-BFB2-AE22922E493C ADVANCED SEALCOATING, INC. Seal Coating-Striping-Signs-Wheel Stops 8532 Hawksmoor Dr Phone: 919-971-0698 Raleigh, NC 27615 Proposal: EV Stencils & Purchase of Stencil Attention: Angel Barnes Date: January 18, 2024 Job Name: Eno River Parking Deck To: Orange Co Asset Management Services Hillsborough, NC 300 W Tryon St Hillsborough, NC 27278 Payment Terms: Net 30 Days Details: Advanced Sealcoating, Inc. Hereby Submits a Proposal for the Above Project as Follows: Layout and Stripe 6 Electric Car Stencils in Eno River Parking deck. Pricing Includes the Cost of Custom “ELECTRIC VEHICLE PARKING ONLY” Stencil to become the property of Orange County Asset Management Services for Future Use. COST: $1200.00 Notes: EV Spaces to be Blocked Off by Orange County Forces. ACCEPTANCE: All prices, specification, and conditions as outlined above are accepted. Work is authorized and payment will be made as outlined above. Proposal Good for 30 Days. Authorized signature of acceptance: Date: _______________________________________ ________________ DocuSign Envelope ID: 7242962D-B629-486C-BFB2-AE22922E493C DocuSign Envelope ID: 7242962D-B629-486C-BFB2-AE22922E493C 1 CANCELLATION NOTICE TO DESIGNATED ENTITY If we cancel this policy before the expiration date, other than at the request of the Named Insured or for nonpayment of premium, we will mail advance notice to the persons or organizations who are designated on the Declarations as subject to this endorsement. We will mail such notice at least 30 days before the effective date of cancellation. If we cancel due to nonpayment of premium, we will mail notice to the persons or organizations designated in the Declarations as subject to this endorsement within 45 days after the effective date of cancellation. If the Named Insured requests cancellation before the policy expiration date, we will mail notice to the persons or organizations designated in the Declarations as subject to this endorsement within 30 days after the Named Insured’s request to cancel. Proof of mailing constitutes proof of notice. In no event will coverage extend beyond the actual expiration, termination, or cancellation of the policy. ERIE INSURANCE GENERAL USE GU-128 (Ed. 8/13) UF-B002 DocuSign Envelope ID: 7242962D-B629-486C-BFB2-AE22922E493C 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES, OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. Section II - Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a co n- tract or agreement that such person or organization be added as an additional insured on your policy. Such pe r- son or organization is an additional insured only with re- spect to liability for "bodily injury" and "property dam- age" caused in whole or in part, by "your work" per- formed for that additional insured and included in the "products-completed operations hazard". However, the insurance afforded to such additional in- sured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contact or agreement to provide for such addi- tional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have en- tered into with the additional insured; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance show in the Declarations. ERIE INSURANCE COMMERCIAL GENERAL LIABILITY ULTRAFLEX PACKAGE UL-UG (Ed. 6/13) UF-B297 Policy #: Q251520973 DocuSign Envelope ID: 7242962D-B629-486C-BFB2-AE22922E493C 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work und er a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule “Organizations for which the Named Insured has agreed to by written contract executed prior to the loss to furnish waiver” ©1984 National Council on Compensation Insurance, Inc. ERIE INSURANCE WORKERS COMPENSATION AND EMPLOYERS LIABILITY WC 00 03 13 (Ed. 1/86) UF-8641 Policy #: Q857100229 DocuSign Envelope ID: 7242962D-B629-486C-BFB2-AE22922E493C DocuSign Envelope ID: 7242962D-B629-486C-BFB2-AE22922E493C DocuSign Envelope ID: 7242962D-B629-486C-BFB2-AE22922E493C