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Home My WebLink About2013-508 AMS - Triangle Landscaping Inc for Removing Concrete pad and installing new concrete dumpster pad @ Animal Services aoi3- sa � �1ms NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 31 st day of October, 2013 by and between Orange County, North Carolina (hereinafter the "Owner")party of the first part; and Triangle Landscaping, 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 31, 2013 through November 30, 2013. The Project Commencement Date shall be October 31, 2013. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: Seven Thousand Two Hundred and Thirty-Five Dollars ($7,235) 3. SERVICES Contractor agrees to provide the following construction services (the "Work"): Animal Services/1601 Eubanks Road, Chapel Hill, NC: lump sum cost for removing concrete pad and installing new concrete dumpster pad (see attached bid#1676) 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 9/13 1 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. This 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 REQUIREMENTS 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 hltp:Horangecountvnc.gov/l)urchasing/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. 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 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 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. Revised 9/13 2 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 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. E-VERIFY Pursuant to the terms of North Carolina General Statute 153A-449(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 Contractor's breach of this Agreement. By executing this Agreement Contractor affirms Contractor is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 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 times 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 9/13 3 IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORAN U Y CONTRACTOR By By Co ty Manager Triangle Landscaping, Inc. 200 S. Cameron St. P.O. Box 144 P.O. Box 8181 Stem,NC 27581 Hillsborough, NC 27278 919-730-5267 This instrument has beer approved as to technical content. Jeffrey Th mpson, Department Director This instrument has been pre-audited re ju�L;a oy the Local C►v-.!ern_:.cnt.Budge, and Fiscal Control Act. A ALf__ Office of the Chief Financial Officer This inst ent has been approved as to legal form and sufficiency. ,Pffice of t ounty Attorney Revised 9/13 4 DCRI r 10/1612013 7: 49`.45 AM PAGE 1/002 Fax Server . COUNTY OF ORANGE, FINANCIAL SERVICES—PURCHASING PO BOX 8181 HILLSBOROUGH, NORTH CAROLINA 27278 ORANGE" ('011WI''V- RIp NO. "'76 October 2, 2013 0 ATTENTION: —� INTERESTED VENDORS Orange County requests your competitive quotation to furnish the item(s) listed below for the Orange County Asset Management Department, Hillsborough, NC. Please transmit this quotation via facsimile or deliver by hand or U.S. Mail, to the Orange County Purchasing Agent-fax#(919)636-4913(NEW!I) ,200 South Cameron Street, Hillsborough, NC 27278 by October 16, 2013 at 10:00 AM ITEM QTY COMMODITIES/GOODS OR SERVICES TOTALCOST LUMP SUM COST FOR REMOVING CONCRETE PAD AND 1 1 INSTALLING NEW CONCRETE DUMPSTER PAD, HILLSBOROUGH, NC PER ATTACHED SPECS AND DRAWINGS SHEET C1 � Please confirm receirf of add'°ndum Addendum#1 Addendum#2 Addendum#3 Addendum#4 Addendum#6 Addendum#6 PLEASE SEE ATTACHED INSTRUCTIONS TO BIDDERS License Z5 t1�'�S FIRM NAME \fit ANO��t, Arj c�SC t°+,Ps-yh -i BY (Proposal must be signed ih writing) ADDRESS 9.0, ' ,r�{„ t'�� FAX: �Tk pL "1S� ti TELEPHONE: �kcl*v x'50- 11-61 EMAIL:ri% C. kfw� AlGw,,k tZ 6 FAF�` .GaW� DCFf= 10/16/2013 7:49:45 AM PAGE 2/002 Fax Server STATE OF NORTH CAROLINA AFFIDAVIT ORANGE COUNTY i I, �rAr� L�w�S (the individual attesting below),being duly authorized by and on behalf of i l��pNc 5L31� pt1 ZNL (the entity bidding on project hereinafter"Employer")after first being duly sworn hereby swears or affirms as��:Ilows: 1. Employer understands that E-Verify is the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies,or any successor or equivalent program used to verify the work authorization of new'y hired employ i,,p '.i-U;int to federal law -•ccor4ince with NCr3S§t': :. 2. Employer understands that Employers Must Use E-Verify: Each employer;after hiring an employee to wurk in the United States,shall verify the work authorization of the employee through E-Verify in accordance with NCGS§64-26(a). 3. Employer is a person,business entity,or other organization that transacts business in this State and that employs 25 or more employees in this State. (mark Yes or No) a. YES or b. NO X 4. Employer's subcontractors comply with E-Verify,and if Employer is the winning bidder on this project Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer. This_�_day of oc 2013. Signature of Affiant Print or Type Name; A(PA Lea'-` State of,North Carolina Orange County �. p Signed and sworn to(or affirmed)before me,this the two— 0 w V �tpRY n Z day of 2013, d 1 My Commission Expires: sr'l'��^� LE DIUti Notary Public .°—' OP ID:DC A R°� CERTIFICATE OF LIABILITY INSURANCE D 11 2MI1201 YY) 11121/2013 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). CTACT PRODUCER Phone:919-682-4814 NAME: Debbie Callahan The Sorgi Insurance Agency Fax:919-682-4906 PHONE 919-682-4814 FIAic N.):9I9-682-4906 16 Consultant Place Suite 102 .No Ext: Durham NC 27707 E-MAIL ADDRESS:debbie@sorglinsurance.com James E.Sorgi,CIC PRODUCER TRIALAN CUSTOMER ID S: INSURERS AFFORDING COVERAGE NAIC N INSURED Triangle Landscaping Inc. INSURER A:Erie Insurance Exchange 26271 Brad Lewis dba INSURER B: 3582 Fletchers Way INSURER C: Stem,NC 27581 INSURER D: INSURER 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 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. ILTR TYPE OF INSURANCE IDOL SUB POLICY NUMBER POLICY MMMIIDIDY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY 02726204479 03/26/2013 03/26/2014 PREMISES Ea occurrence $ CLAIMS-MADE �OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,00 POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 750,00 A ANY AUTO 0032630379 03/26/2013 03/26/2014 (Ea accident) ALL OWNED AUTOS BODILY INJURY(Per person) $ X SCHEDULED AUTOS BODILY INJURY(Per accident) $ PROPERTY DAMAGE $ HIRED AUTOS (Per accident) NON-OWNED AUTOS $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABWTY X I ER X ANY PROPRIETORMARTNER/EXECUTIVE YIN 0872600559 03/26/2013 03/26/2014 OFFICERIMEMBER EXCLUDED? ❑ and It yes,describe under NIA E.L.EACH ACCIDENT $ 100,00 (Mandatory In E.L.DISEASE-EA EMPLOYEE $ 100,00 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,00 A Contractor's equip Q272620479 03/26/2013 03/26/2014 Equipment 92,30 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN g ty ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 Hillsborough,NC 27278 AUTHORIZED REPRESENTATIVEll C 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD