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HomeMy WebLinkAbout2014-424 DEAPR - Carolina Recreation & Design to repair playground equipment $750 C DbN 0 ,D&W [Departmental Use Only] TITLE FY ORANGE COUNTY CONTRACT UNDER$1,000.00 NORTH CAROLINA THIS AGREEMENT,made and entered into this 21 st day of July,2014, ("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 Carolina Recreation and Design (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: Installation of Overhead Glider. Existing aluminum extrusion that was installed is 9'-8". The new aluminum extrusion is 10'-3".The new part need to be cut to fit the existing post locations. The term of this agreement rendered shall be from July 2014 to September 2014. 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 Seven hundred & fifty dollars, ($750.00). 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 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 Last modified 9/13 1 • . t i Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://oran e�coun nc gov/purchasing/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). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 5. Indemni : 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 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 in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. 8. Governing Law: 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-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 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 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 and 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 and non-appropriation of public funds. [SIGNATURE PAGE TO FOLLOW] Last modified 9/13 2 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: Department Dire c or Title: - 200 S.Cameron St. 344 Rolling Hills Road P.O.Box 8181 Suite 201 Hillsborough,NC 27278 Mooresville,NC 28117 This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control -Act. A Office of the Chief Financial OfAcer This ins ent een approved as to form and legal sufficiency. O/of the County Attorney Last modified 9/13 3 t. F` Erie (:ERTIFICATE OF INSURANCE ='I MM/DD/YY)I nsurance --THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY— 4 Home Office • 100 Erie insurance Place • Erie,Pennsylvan a 16530 • 814.870 2000 7011 fr`e f.800 458 081 1 • Fax 814-870.3128 • wwwrr.eneins_-ance.com NAME AND ADDRESS OF AGENCY BAREFOOT&YOL G INS GROUP LLC AGENT'S N0. COVERAGE 614 N FIRST AVE JJ 1523 - KNIGHTDALE,NC :.7545-8504 CO.:E RI SUR, HAN Ot pp ca e rie indemnl o. om An-Fact in —_ (919)217-5870 This certificate is issued for information purposes only and confers NAME AND ADDRESS OF NAMED INSURED no rights on the certificate holder.It does not affirmatively or ne913thfoty amend,extend,or otherwise after the terms,exclusions REESE CONSTRUCTION, INC.& and conditions of insurance coverage contained in the policy(ies) REESE CONSTRUCTION LLC.AI -MA indicated below.The terms and condlNonsof the policy(les)govern the insurance coverage as applied to any given situation.Limits 3720 LUCKY DRIVE shown may have been reduced by claims paid.This certificate of APEX,NC 27539-763 I insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer and the certificate bolder: This is to Celtl that IicieS,as indicated - �Y_- _ . b1+the Pol,:er below,are in fon:e for the me Insured at the time that the Certificate is be! issued 89 k�s'e _TYPE OF INStIRA_N_CE `� POLICX Nt I.13ER .%W 9p� I �r E �GENERAL.LIABttJTT L—`-- — – nalE(tltift30ZYYtAIE --. LIMITS- — y �COMMERCIALGENERALLIABIU?YII: Q37 311 )775 1/3 1'14 1/31/15 EACH OCCURRENCE 1 000 000 ❑CLAIMS MADE XX OCCUR FIRE DAMAGE(Any On Fire' 1,000,000 MED EXP One I'arsen} 5,000 --- - --- -� ~ PERSONAL&ADV.INJURY S 1,000,000 ❑ _____—_ ___� GENERALA66RE TE s 2,000.000 GEN'L AGGREGATE LIMIT APPLIES PEW PRODUCTS-COMP/OPAGG 2 000,000 ®POLICY ❑PROJECT ❑LOC E AUTOMOBILE LIABILITY BODn7 RL IURY ®"ANYAUTO"(OWNS, HIRED, Q01 31 0049 1!3) 14 1 X31 i 15 (F PEA50N) $ NON-OWNED) BODILY INJURY $ OWNED I ❑X HIRED PROPERTY DAMAGE $ ®NON OWNED PPRROPERTYYDAA YMAGE 1,000,000 El GARAGE t COMBINED S E EXCESS U CCU ABILiTY EACH ORRENCE $ 3,000,000 ©OCCURRENCE Q25 31 3230 1/3 1/14 1'31/15 AGGREGATE ':S 3,000,000 $ ❑RETENTION s S I F WORKERS COMPENSATION 8 8 5 3!t a 05$1 1311114 1/31115 EMPLOYERS LLAIHLLTY t Q BODILY; ACCIDENT S 1,000,000 EACH ACCIDENT 1 INJURY DISEASE $ 1,000,000 POUC!JMIT BY i DISEASE $ 1,000,000 EACH EMPLOYEE OTHER DESCRIPTION OF OPERATIONS/LOCATIiNaUMICLESIEXC_?SLONS ADDED BY ENDORSEMENTISIPECIAL PROVISIONS CANCELLATION: SHOULD ANY OF THE ABOVE OE;.:RIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIV- ERED IN ACCORDANCE WITH TI­1:POLICY PROVISIONS. IMPORTANT if the certificate holder is an A:tl{TIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the poi y,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder it lieu of such endorsement(s). NAME AND ADDRESS OF CERTIFICATE HOLDER CAROLINA RECREATION AND DE.AGN AUTHORIZED REPRESENi�A;i 344 ROLLING HILLS ROAD L 1-44 SUITE 201 MOORESVILLE,NC 28117 — EIG6230 8/11