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HomeMy WebLinkAbout2013-483 Solid Waste - Sparkle Window Cleaners LLC Window Cleaning $521.50 sal , [Departmental Use Only] TITLE FY ORANGE COUNTY CONTRACT UNDER$1,000.00 NORTH CAROLINA THIS AGREEMENT,made and entered into this 13th day of November,2013, ("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 Sparkel Window Cleaners, LLC (the"Provider"),party of the second part; WITNESSETH: 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: Cleaning the exterior of all windows in the solid waste administration facility at 1207 Eubanks Road,Chapel Hill,NC The term of this agreement rendered shall be from November 13,2013 to November 30,2013. 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 Five< Hundred Twenty One Dollars and Fifty,Cents,($521.50). 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 ty Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enf)rce 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 Provider, 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 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 Last modified 9/13 incorporated herein by reference and may be viewed at httg://oraneecountvnc.gov/ ug rcha:;inc/contracts.asl2 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). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 5. Indemnity,: The Provider agrees 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. 7. Entire Ag1 ee meet: 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. 8. Governing aw: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. 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. 9. E-VerfX: ursuant to the terms of North Carolina General Statute 153A449(b)no county may enter into a contract with a contractor unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Provider's breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 10. Non AWropriatign: 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 tha 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. [SIGNATURE PAGE TO FOLLOW] Last modified 9/13 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: Departm Director Title: ow^el _ 200 S.Camgkbn St. Sparkle Window Cleaners,LLC P.O.Box 8181 1808 US 151501 S,Suite 1006 Hillsborough,NC 27278 Chapel Hill,NC 27517-6031 This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. mlx . �J' '&_—, Office of the Chief Financial Officer This ' e een approved as to form and legal sufficiency. ce of the County Attorney Last modified 9/13 , k.. CERTIFICATE OF LIABILITY INSURANCE DATE/07/2013 ) �'� 11/07/2013 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, 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). PRODUCER CONTACT NAME: Sheila Geibig Agency,LLC PHONE FAX AIC No): 400 W ROSEMARY ST E-MAIL ADDRESS: STE 1006 INSURERS AFFORDING COVERAGE NAIC# CHAPEL HILL NO 27516-2338 iNSURERA: NATIONWIDE MUTUAL INSURA14CE COMPANY 23787 INSURED INSURER 8: NATIONWIDE MUTUAL FIRE INSURANCE COMPAI 23779 INSURER C: SPARKLE WINDOW CLEANERS LLC INSURER D: 1808 US 15 501 S INSURER E: CHAPEL HILL NO 27517-6031 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION 14UMBER: 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. INSR ADDL SUBIR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM/DDIYYYY MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCUR 2ENCE $ 500,000 X COMMERCIAL GENERAL LIABILITY I--; PREMISES Ee occurrence $ 100,000 CLAIMS-MADE 1XI OCCUR MED EXP(Any one person) $ 1,000 B ACID GLGO 2215477745 02/16/2013 02/16/2014 PERSONAL&.aDV INJURY $ 500,000 GENERAL AG(>REGATE $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-(:OMPIOPAGG $ 1,000,000 X POLICY PRO- 7 LOC $ AUTOMOBILE LIABILITY rl�� Ee aacideD SINGLE LIMI $ ANY AUTO L BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per $ AUTOS AUTOS ( ) HIRED AUTOS NON-OWNED PROPERTY DiWAGE H $ AUTOS Per accident $ UMBRELLA LIAR OCCUR f I EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE III 1 AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION WC STA°U- I OTH- AND EMPLOYERS'LIABILITY YIN I IT ER ANY PROPRIETORIPARTNER/ECECUTIVE OFFICE/MEMBER EXCLUDED? F—] NIA E.L.FACHAC('(DENT Is (Mandatory in NH) E.L.DISEASE EA EMPLOYE $ If yes,describe under R OF OPERATIONS below E.L.DISEASE POLICY LIMIT I $ I..._.. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION Daniel Langham SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE DBA Sparkle Window Cleaners LLC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1808 US 15-501 S Chapel Hill NC 27517 AUTHORIZED REPRESENTATIVE Blanca Patino ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/06) The ACORD name and logo are registered marks of ACORD