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HomeMy WebLinkAbout2014-503-E DEAPR - Redmill Landscape and Nursery, Inc. to provide and install booster pump and controls $4,892 DocuSign Envelope ID: C12BCEBA-47F9-4A49-9CB2-2A5CE57ED981 [Departmental Use Only] TITLE W10 Booster Pump FY 2015 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 27'r' 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, (tile "County"), party of the first part; and Redmill Landscape and Nursery Inc. (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 tite 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: Provide and install booster pump with flow switch and connections to water source and irrigation system. The term of this agreement rendered shall be from August 27, 2014 to October 31,2014. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing tite services required or necessary tinder this Agreement in a filly 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 four thousand, eight hundred, ninety-two dollars, ($4,892). 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 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 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 Revised 7114 1 DocuSign Envelope ID: C12BCEBA-47F9-4A49-9CB2-2A5CE57ED981 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at lltt ://oran eCOL111t nC. avl)urdIasi►1 eontracts.as }. If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of (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 froln bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in pant 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 file 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 tike Parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. 8. Priority: In determining the basic services to be provided, should any doctulients 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: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. 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. Pursuant to tine 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. 14. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based Upon the availability of public fielding under the authority of its statutory mandate. In file event that public fields 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 Rinds. [SIGNATURE PAGE TO FOLLOW] Revised 71H 2 DocuSign Envelope ID: C12BCEBA-47F9-4A49-9CB2-2A5CE57ED981 IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE COUNTY PROVIDER —DocuSig ned by: ^-•DocuSigned by: By: �jbin,ln U l�avxw�t VS _ By: W:U,Rn. f. ,ati,o�v dz. CO Otae magmr477-. 4AE91314BA56495... 200 S. Cameron St. Bill Sparrow Jr. P,O. Box 8181 4517 Red►nill Rd. Hillsborough,NC 27278 Durham,NC 27704 i Revised 7114 3 DocuSign Envelope ID: C12BCEBA-47F9-4A49-9CB2-2A5CE57ED981 AC" CERTIFICATE OF LIABILITY INSURANCE 8/27/2019' 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(Ees) 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 NAME CT Martha Aycock, CISR Jake A Parrott Insurance Agency Inc PHONE , (252)523-1041 MIG o.(252)523-0145 2508 N HERRITAGE STREET ADDRIESS:mparrott @parrottins.com PO BOX 3547 INSURERS AFFORDING COVERAGE NAIC 9 KINSTON NC 28502 INSURER A.EMPLOYERS MUTUAI, CASUALTY CO 21415 INSURED INSURERS-JIBUILDERS PREMIER INSURANCE CO 13036 REDMILL LANDSCAPE & NURSERY INC INSURER C�MCASCO INSURANCE CO 21407 4517 REDMILL RD INSURER D: INSURER E DURHAM NC 27704 1 INSURER F: COVERAGES CERTIFICATE NUMBER:2013-2014 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 TYPE OF INSURANCE ADDL SUER POLICY NUMBER MMIDDY EFF MWDD. EXP LIMITS VIVID LTR GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGIE TO RENTED 100 000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ + C CLAIMS-MADE W OCCUR 21393305 2/1/2013 2/1/2014 MED FXP(Any one person) S 5,000 PERSONAL&ADVINJURY S 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO $ 2,000,000 POLICY X PE Cy LOC S AUTOMOBILE LIABILITY Ea COMBINED LIMIT 1,000,00 C X ANY AUTO 130DILY INJURY(Perperson) $ ALL OWNED SCHEDULED E93305 2/1/2013 2/1/2014 BODILY INJURY(Per accident) $AUTOS X HIRED SAUTOS NON-OWNED POP 1e,DAMAGE $ S X UMBRELLA LIAB OCCUR EACH OCCURRENCE S 5,000,000 A E X XCFSS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED I X I RETENTIONS 10,BBC 2J93305 2/1/2013 2/1/2014 $ B WORKERS COMPENSATION X VI"C STATU- X OTH- AND EMPLOYERS'LIABILITY TORY LIM its ANY PROPRIETORIPARTNERIEXECUTIVE YIN E.L.EACH ACCIDENT $ 11000,000 CFFICERIMEMBEREXCLUDED? NIA WC 1009223 02 2/1/2013 2/1/2014 (Mandatory In NH) E.L.DISEASE-EA EMPLOYE4 S 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Addillonal Remarks Schedule,If more space Is required) EXCLUDED OFFICERS IN W/C COVERAGE: BILL SPARROW SR, BILL SPARROW JR & MARGIE SPARROW CERTIFICATE HOLDER CANCELLATION cfarmar@ orangecountync,gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ORANGE COUNTY NC ACCORDANCE WITH THE POLICY PROVISIONS. PO BOX 8181 HILLSBOROUGH, NC 27278 AUTHORIZED REPRESENTATIVE M Aycock, CISR/MARTHA ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025r3nim,%ni Tho AC'npin namn and Inrtn am roniefororl marlin of A(OPn