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HomeMy WebLinkAbout2024-716-E-AMS-Overhead Door Company of Raleigh-Sheriff's Office Replace Gate OperatorRevised 01/24 1 [Departmental Use Only] TITLE Sheriff's Gate Oper FY 2024-2025 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, is between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the "County"), and Overhead Door Company of Raleigh, 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: Provide and Install slide gate operator with foot pedal per proposal SQAH007701-1 dated 11/3/2024 The term of this agreement rendered shall be from 11/18/2024 to 06/30/2025. 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 Four Thousand, Seven Hundred Fifty-Eight Dollars, ($4,758.00). 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 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is Docusign Envelope ID: FAC1C535-673E-40A1-BD3A-EED7A98D66D3 Revised 01/24 2 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 NA (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 Orange County 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.Third Party Beneficiaries: There are no third-party beneficiaries of this Agreement and nothing in this Agreement, express or implied, is intended to confer on any person other than the parties hereto (and their respective successors, heirs and permitted assigns), any rights, remedies, or obligations. Docusign Envelope ID: FAC1C535-673E-40A1-BD3A-EED7A98D66D3 Revised 01/24 3 10.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. Regardless of the outcome of said litigation each party is responsible for its own costs and fees, including attorneys’ fees. 11.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. Overhead Door Company of Raleigh, Inc P.O. Box 8181 PO Box 58493 Hillsborough, NC 27278 Raleigh, NC 27658-8493 Docusign Envelope ID: FAC1C535-673E-40A1-BD3A-EED7A98D66D3 11/13/2024 Sales & Project Management 11/21/2024 Revised 01/24 4 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Overhead Door Company of Raleigh, Inc Vendor Contact Person: Brandon Ray (bray@ohdraleigh.com) Phone: 919.876.0637 Address: PO Box 58493 City Raleigh State: NC Zip: 27658-8493 Department: AMS Amount: 4,758.00 Purpose: Sheriff's Office Replace Gate Operator Budget Code(s): 61370035- 880000-11004 Vendor # 65914 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 11/18/2024 End Date 06/30/2025 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: 11004) 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. This agreement is approved as to technical form and content. 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: FAC1C535-673E-40A1-BD3A-EED7A98D66D3 11/15/2024 11/18/2024 11/20/2024 11/21/2024 Revised 01/24 5 Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ Docusign Envelope ID: FAC1C535-673E-40A1-BD3A-EED7A98D66D3 PO Box 58493 | Raleigh, NC 27658-8493 | (919) 876-0637 (919) 876-0637 Job: Sheriff's Office Gate Operator 113 Mayo St. Hillsborough, NC Prepared For: Angel 919-610-8182 Orange County Asset Management Services ABarnes@orangecountync.gov By: Overhead Door Company of Raleigh Raleigh, NC Contact: Brandon Ray Name:Brandon Ray Phone:+1 (919) 876-0637 Fax:+1 (919) 872-6175 Email:bray@ohdraleigh.com This proposal is valid until Monday, March 3, 2025 106 E. Margaret Ln. Docusign Envelope ID: FAC1C535-673E-40A1-BD3A-EED7A98D66D3 PO Box 58493 | Raleigh, NC 27658-8493 | (919) 876-0637 Overhead Door Company of Raleigh PO Box 58493 Raleigh, NC 27658-8493 11/3/2024 5:58 PM Angel 919-610-8182 Orange County Asset Management Services ABarnes@orangecountync.gov Subject: Proposal for Sheriff's Office Gate Operator Dear Angel 919-610-8182, Best Regards, Brandon Ray | Phone: +1 (919) 876-0637 | Fax: +1 (919) 872-6175 Reference: SQAH007701-1 was modified Sunday, November 3, 2024 and is valid till Monday, March 3, 2025. Docusign Envelope ID: FAC1C535-673E-40A1-BD3A-EED7A98D66D3 Overhead Door Company of Raleigh PO Box 58493 Raleigh, NC 27658-8493 Contact:Brandon Ray Phone:+1 (919) 876-0637 Email:bray@ohdraleigh.com PO Box 58493 | Raleigh, NC 27658-8493 | (919) 876-0637 SQAH007701-1 This proposal is valid till Monday, March 3, 2025 Quote: SQAH007701-1 | Created: 11/3/2024 5:49 PM Job:Prepared For: Sheriff's Office Gate Operator 113 Mayo St. Hillsborough, NC 27278 Angel 919-610-8182 Orange County Asset Management Services ABarnes@orangecountync.gov Item Qty Unit (USD)Extended (USD) 1 SL-100FPDC Slide Gate Operator w/ Foot Pedal 1 $3,078.57 $3,078.57 Description:1/2HP Details:115V/220VAC Single Phase 2 Commercial Install 1 $1,357.14 $1,357.14 Description:Replace Gate Operator w/ Reconnect Safety Reconnect existing access controls. Reconnect existing power. Terms and Conditions Balance due upon completion. Signature: _______________________________ Date: __________________ SubTotal (USD):$4,435.71 Est. Tax - 7.25%: $321.59 Total With Tax (USD):$4,757.30 Docusign Envelope ID: FAC1C535-673E-40A1-BD3A-EED7A98D66D3 11/05/2024 Pelnik Insurance/ Marsh McLennan Agency 100 Ridgeview Drive Suite 100 Cary NC 27511 Cathy Bailey (919) 459-8000 (866) 714-3576 cathy.bailey@marshmma.com Overhead Door Company Of Raleigh Inc. PO Box 58493 Raleigh NC 27658-8493 Owners 32700 ACCIDENT FUND NATIONAL 10166 CL2312425005 A Contractural Liability Y Y 35532929 12/31/2023 12/31/2024 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 A Y 5423829600 12/31/2023 12/31/2024 1,000,000 A 0 Y 5423827400 12/31/2023 12/31/2024 5,000,000 5,000,000 A N Y AFWCP100102084 12/31/2023 12/31/2024 1,000,000 1,000,000 1,000,000 A Installation Leased and Rented 35532929 12/31/2023 12/31/2024 Limit Installation 110,000 Leased and rented 100,000 Deductible 500 Orange County, its officers, official agents and employees as an additional insured on the General Liability, Auto Liability, and Umbrella Policies. 30 days notice of cancellation will be provided to the additional insureds. Waiver of Subrogation applies in favor of the additional insureds. Orange County 300 West Tryon Street PO Box 8181 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: FAC1C535-673E-40A1-BD3A-EED7A98D66D3 Inc Corporation, Insured Multiple Names Additional Named Insureds Other Named Insureds OFAPPINF (02/2007)COPYRIGHT 2007, AMS SERVICES INC Docusign Envelope ID: FAC1C535-673E-40A1-BD3A-EED7A98D66D3 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1)The additional insured is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Docusign Envelope ID: FAC1C535-673E-40A1-BD3A-EED7A98D66D3 Docusign Envelope ID: FAC1C535-673E-40A1-BD3A-EED7A98D66D3 Docusign Envelope ID: FAC1C535-673E-40A1-BD3A-EED7A98D66D3 Docusign Envelope ID: FAC1C535-673E-40A1-BD3A-EED7A98D66D3 Docusign Envelope ID: FAC1C535-673E-40A1-BD3A-EED7A98D66D3 Docusign Envelope ID: FAC1C535-673E-40A1-BD3A-EED7A98D66D3 Docusign Envelope ID: FAC1C535-673E-40A1-BD3A-EED7A98D66D3 Docusign Envelope ID: FAC1C535-673E-40A1-BD3A-EED7A98D66D3 Docusign Envelope ID: FAC1C535-673E-40A1-BD3A-EED7A98D66D3 Docusign Envelope ID: FAC1C535-673E-40A1-BD3A-EED7A98D66D3 Overhead Door of Raleigh, Inc. Accident Fund Any person for whom, or organization in which you perform a service. AFWCP1001020084 Digitally signed by Cathy Bailey DN: cn=Cathy Bailey, c=US, email=cathy.bailey@pelnik.com Date: 2023.12.20 14:27:52 - 05'00' Cathy Bailey Docusign Envelope ID: FAC1C535-673E-40A1-BD3A-EED7A98D66D3