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HomeMy WebLinkAbout2014-479-E AMS - Triangle Landscaping, Inc. for Whitted Human Services Center drainage improvements $3,700 DocuSign Envelope ID: A7A24A38-7FF8-44AF-A389-F32CAA059A40 [Departmental Use Only] TITLE Whitted Ctr Drainage FY 2015 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 27th day of August, 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 Triangle Landscaping, Inc. (the "Provider"), party of the second part; WITNE S SETH: 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 (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: drainage improvements at Whitted Human Services Center, as outlined in provided Estimate #221, dated Auguts 7, 2014. The term of this agreement rendered shall be from August 27, 2014 to September 30, 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 subcontract 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 emceed three thousand seven hundred, ($3,700). 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 sane, 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 bind 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 Revised 7114 >Z 1 d DocuSign Envelope ID: A7A24A38-7FF8-44AF-A389-F32CAA059A40 Risk Transfer Policy and Grange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at htt p://orangecouqiync.gov/put-chasin contracts'a J�ocuSigned by: If Owner's Risk Manager determines additional insurance coverage is required such additional insu v," bkv shall consist of NIA (if no additional insurance required mark NIA as being not applicable). Provider ha not commence work until such insurance is in effect and certification thereof has been received by t eE61g3Fco7B4oi=... 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. 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 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. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11 A and Article 40 of North Carolina General Statute Chapter 66. 8. Priori : In determining the basic services to be provided, should any documents be referenced in this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. 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. Provider shall at all times r°emain in compliance with all applicable local, '' state, and federal laws, rules, and regulations including but not limited to all anti-discrimination laws. 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] Revised 7114 DocuSign Envelope ID: A7A24A38-7FF8-44AF-A389-F32CAA059A40 IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER D©cuSigned by: DocuSigned by: bVt,�,i�, �"uiMw�t,,V'S B : v"vl Y F379M755E477... BY� 0 County anager 200 S. Cameron St. Triangle Landscaping, Inc P.O. Box 8181 PO Box 144 Hillsborough, NC 27278 Stem, NC 27581 Revised 7114 DocuSign Envelope ID: A7A24A38-7FF8-44AF-A389-F32CAA059A40 Triangle Landscaping Inc. Estimate PO Box 144 Stem, NC 27581 Date Estimate # 8/7/2014 221 Name 1 Address Orange County Asset Management Services 131 West Margaret Lane Hillsborough,NC 27278 Project Description Qty Cost Total Estimate for drainage behind Whitted building. Down spout adaptors 3 25.00 75.00 6" double wall plastic pipe Eighty feet 4 75.00 300,00 8" double wall plastic pipe Sixty feet 3 100.00 300.00 6"Elbow 1 20.00 20.00 8"x 8"x 6"Wye 1 100.00 100.00 6" snap couplings 4 8.00 32.00 8" snap couplings 3 12.00 36.00 8"Elbow 1 40.00 40.00 15" catch basin(This is a special made box and has to be ordered) 1 800.00 800.00 One Ton of Gravel to be placed around catch basin. This includes 50.00 50.00 delivery Half a yard of concrete(around 18 bags of sacrete) to make collar 21 7.00 147.00 around catch basin. Three bags to tie in ext. 12"TCP Excavator and Two men for 1.5 days 100.00 17800.00 Total $3,700.00 Customer Signature DocuSign Envelope ID: A7A24A38-7FF8-44AF-A389-F32CAA059A40 OP ID: DC DATE(M MIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 0$12212014 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(les) 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 Phone: 919-6824814 CONTAG Debbie Callahan The Consultant Insurance Agency Fax: 919-6824906 vHc PHONE : 91 9-682-4814 FAX Nod; 919-G92-4906 'I 6 Consultant Place Suite �l D2 Durham, NC 27707 ADDRESS: debbie Sorg i insu rance.com James E. Sorgi, CIC PRODUCER CUSTOMER ID#:TRIALAN INSURER(S)AFFORDING COVERAGE NAIC INSURED Triangle Landscaping Inc. 1NSURERA: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. INSR I TYPE OF INSURANCE POLICY EFF POLICY EXP LTR INS D POLICY NUMBER MMIDD MM1DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY 02726204479 03/26/2014 03/26/2015 PREMISES Ea occurrence $ CLAIMS-MADE F_x1OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,00014 GEN'L AGGREGATE LIMIT APPLIES PER; PRODUCTS-COMP/OP AGG $ 2,000,Q0 'F—]POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A ANY AUTO 0032830379 03/26/20'i4 03/26/20'15 {E-a accident) $ 750,000 BODILY INJURY{Per person} $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ X SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (Per accident) NON-OWNED AUTOS $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION I WC STATU pTN- AND EMPLOYERS'LIABILITY YIN TORY LIMITS I ER X ANY PROPRIETORIPARTNERIEXECUIIVE Q872600559 03/26/2014 03/26/2015 E.L.EACH ACCIDENT $ 104,000 OFFICERJMEMBER EXCLUDED? NIA (Mandatory In NH) E-L.DISEASE--EA EMPLOYEE $ 100P000 If yes,describe under DESCRIPTION!OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 A Contractor's equip Q272620479 03/26/2014 0312612015 Equipment 92,300 DESCRIPTION OF OPERATIONS l LOCATIONS 1 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 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE 1966-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD