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Home My WebLink About2012-370 Solid Waste - Hudson Well Company Inc Water Well drilling and commissioning $5,576 i NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$25,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 19`h day of September, 2012 by and between Orange County, North Carolina (hereinafter the "Owner") party of the first part; and Hudson Well Company, 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: October 1, 2012 through February 28, 2013. The Project Commencement Date shall be October 1, 2012. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: Five Thousand Five Hundred Seventy Six Dollars and no cents ($5,576.00) 3. SERVICES Contractor agrees to provide the following construction services (the "Work"): Water well drilling and commissioning for the Walnut Grove Church Road Convenience Center per attached Scope and Estimate letter dated August 30, 2012. 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 name 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. 5. RELATIONSHIP OF PARTIES Revised November 2011 1 1 t 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 fully 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. 7. INSURANCE REQUIREMENTS Contractor shall obtain, at its sole expense, all insurance as required in the Owner's risk management policy and shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. Such insurance shall name the Owner as Additional Insured under both General Liability and Auto Liability policies. 8. 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. It is the intent of this section to require Contractor to indemnify the Owner to the 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 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. Revised November 2011 2 t' C 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 under 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. 11. ENTIRE AGREEMENT 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 by a written amendment to this Agreement signed by the parties. Modifications may be evidenced by telefacsimile signatures. 12. 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. IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORANGE COUNT CO CTOR By By — — Frank W. Clifton anager 200 S. Cameron t. Hudson Well Company, Inc. P.O. Box 8181 P.O. Box 05 Hillsborough,NC 27278 Rougemont,NC 27572 This instrument has been approved as to technical content. Gayle Wilso Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. 1(1,� )). A,,v- Office of the Finance Officer This instrument has been approved as to legal form and sufficiency. '4" Office of th County Attorney Revised November 2011 3 c ROUGEMONT, NC 20 h&iytlL �, --.- HUDSON WELL COMPANY, INC. "WELL DRILLERS OF CENTRAL CAROLINA" P.O. BOX 05, ROUGEMONT, NC 27572 FAX (919) 245 3212 weller4pauloyahoo.com CHARLES COLLINS (919) 417-4082 PHONE (919) 477-3708 PAUL WELLER (919) 417-6813 o�?0 poor' 1.c�4>c' l u� a,2our (fAsroOq C4:5), CvUNEC i E-D T DuT 7B(Aze-D=��c 60-r i t-{ 197- -Buz1.-,ZA 6�5 -76 "y- ,ZA6,- Id !�'—' ,,q t��r a WAAilf Z M- 5r,�F6, 63,FW- 7-4:1W-4muM, COL)&k e5 80 rooT of i�v0C �.�p_+cAr4E COM6 1O.CW 'P M,6 7Z Fr. r�otj, DuraTj,D.�J 1's 43ot4r any AivrAO�4y- 30 , SEP-18-2012 09:01 From:Herrin9 and Bickers 9194791868 To:9196443001 Pa9e:2f2 °® CERTIFICATE OF LIABILITY INSURANCE DATE(MM10DlYYYY) 09/18/2012 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,certaln 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 NAME: ....._ Herring 8 Bickers Insurance Agnecy PHONE 91 AAIC, C.,):( 9)479-9900 (A/C NQ);(919)479-1$08 2344 Operations Drive E-MAIL Suite 101 ADDRESS: Durham, NC 27705 _,_ INSURER(SI AFFORDING COVERAGE NAIC a INSURER A:ERIE IN,S EXCH INSURED INSURER 8:ERIE INS EXCH Hudson Well Co-, Inc. INSURER C; _..... ', P O Box 5 IN uRER D: Erie Insurance Group Rougemont, NC 27572-0005 ENSURER E: 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 'IHt NULIGIES UESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLU51ONS AND CONDITIONS OF 3UCI I POLICIES.LIMITS SHOWN MAY HAVE BEEN REDVCED BY PAID CLAIMS. _ IN9R I TYPE OF INSURANCE ADDL 3UBR --- 60 ICY 11FF POLICY EEXP LTR POLICY NUMBER MM/DD MM/DD/YYYY LIMITS A GENERAL LIASILITY 0442450218 8/2412012 ! 8/2412013 EAQI OCCURRENCE $ 1000000 DAMAGE T tt�11 T COMMERCIAL GENERAI LIAMUTY PREMISES(Ea occulted $ _ 1000000 CLAIMS-MADE h OCCUR MED EXP(Any one person) S 55000 PERSONAL&ADV INJURY S _ 1000000 _ GENERAL AGGREGATE $ 2000000 GCN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2000000 T POLICY F PRO- LOC $ F3 AUTOMOBILE LIABILITY 0082440007 8/2412012 8124/2013 COMBINED SINGLE LIMII 750000 ANY AUTO BODILY INJURY(Her person) $ ALL OWNEO X I SCHEOUI FD OODILY INJURY(Per accident) S AUTO$ AU rOS _.._ NON-OWNFh PROPERTY DAMAGE S X - HIRED AUTOS X AUTOS Per xcidenf). ...-- $ UMDRGLIa L1As gCCUK IEACI I OCCURRCNCC S _ EXCESS LIAB CLAIMS MADE AC.iGREGAl'l;. _ S DtU RETENTION 3 $ D WORKERS COMPENSATION 09224005518 8/24/2012 8/24/2013 X( I vuf;STATU- i ery- AND EMPLOYERS LIABILITY ANY PROPRIETORIPAR I Nlik/EXECUTIVE Y f N E L EACH ACCIDENT $ 100000 OGFICEPUMCMDCR EXCLUPF[ NIA °- -•• (Mandatory In NH) E L DIS_EASF-EA EMPLOYE S 100000 If Yes d—cnna under i 5500000 DESCRIP'I•]ON OF OPERATIONS below E,L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS t LOCATIONS t VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Re: Operations usual to water well drilling contractors. Officer/s are excluded from Work Comp coverage. CERTIFICATE HOLDER CANCELLATION (919)644-3001 SHOULD ANY OF THE ADOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE THEROOF, Ora ge County ACCORDANCE EXPIRATION POLICY PROVISIONSE WILL BE DELIVERED IN Attn:Jeff Thompson P 0 BOX 81$1 AUTHORIZED REPRESENTATIVE Hillsborough, NC 27278 01888-2010 ACORD CORPORATION. All rights reserved. ACORD 26(20"10105) The ACORD name and logo are registerod marks of ACORD