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Home My WebLink About2014-550-E AMS - Triangle Landscaping Inc. for Stone Maintenance & Placement at various locations $13,640DocuSign Envelope ID: 5663A3FF- 5C97- 4CF4- 9ADE- 4FF10E262822 [Departmental Use Only] TITLE Stone Maintenance & Placement FY 2015 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 4th day of November, 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; 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 (hereinafter referred to collectively as "Services ") to be furnished under this Agreement are as follows: provide stone maintenance and placement for various potholes, Farmers' Market Pavilion, and Rogers Road Community Center, per the provided estimate. The term of this agreement rendered shall be from November 4, 2014 to December 31, 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 thirteen thousand six hundred forty, ($13,640). 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 Revised 10/14 DocuSign Envelope ID: 5663A3FF- 5C97- 4CF4- 9ADE- 4FF10E262822 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 littp://orangecouiLtync.gov/purchasing/contracts.asp). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of 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. 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 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Priority: In determining the basic services to be provided, should any documents be referenced in or attached to 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 remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all anti - discrimination laws. 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or non - performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 11. 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 10/14 2 DocuSign Envelope ID: 5663A3FF- 5C97- 4CF4- 9ADE- 4FF10E262822 IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY B Y :r�DocuSigned by: 6VA&i(, N*MUrV j 0637 94B 477. oun aliager 200 S. Cameron St. P.O. Box 8181 Hillsborough, NC 27278 Revised 10/14 PROVIDER D.-Signed by: By: �� 80B8054DAB25407... Triangle Landscaping Inc PO Box 144 Stem, NC 27581 DocuSign Envelope ID: 5663A3FF- 5C97- 4CF4- 9ADE- 4FF10E262822 ORANGE COUNTY - DEPARTMENT USE ONLY Department Party/Vendor Name: Triangle Landscaping hic Party/Vendor Contact Person: Brad Lewis Contact Phone: 919 -730- 5267 Party/Vendor Address: PO Box 144 City Stem State: NC Zip: 27581 Department: Asset Management Services Amount: $13,640 Purpose: Stone Maintenance & Placement at various locations Budget Code(s): 10240320 - 570001 Vendor # 62218 (N /A if new vendor) Vendor is a BOCC consultant? Yes ❑ No® Contract Type: (Check one) New ® Renewal ❑ Amendment ❑ Effective Date 11/04/2014 Approved by Board Yes❑ No❑ Agenda Date: This agreement is approved as to technical form and content: Doc Signed by: Department Director's Signature h# n°' rolo"' DatJO /31/2014 `-- 9E880A46CF64498... Information Technolonies (Applicable only to hardware /sofavare purchases or related services) This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer Risk Management Date: This agreement is approved for sufficiency of insurance standards, specifications, and requirements: LDSi g ned by: Office of the Risk Management Officer USX Cbi b Date: 11/3/2014 Financial Services This instrument has been pre - audited in the manner required by the Local Government Budget and Fiscal Control Act: Docu igned by: Office of the Chief Financial Officer te, Date: 11/3/2014 Legal Services This agreement is approved as to legal form and sufficiency: DocuSigned by: Office of the County Attorney �6L, PkA Date: 11/3/2014 Clerk to the Board Received for record retention: All Docusign contracts must be copied to Donna Lloyd upon completion @ Dolloyd a,oran eg coun nc.r ov The following signature block is for hard copies only and is not required for Docusign contracts: DocuSigned by: 11/3/2014 Office of the Cleric to the Board Fobin &A. J°ja!<y Date: 7E61 B3FC087B4DE.. Revised 10/14 4 DocuSign Envelope ID: 5663A3FF- 5C97- 4CF4- 9ADE- 4FF10E262822 Triangle Landscaping Inc. PO Box 144 Stem, NC 27581 Name /Address Orange County Asset Management Services 131 West Margaret Lane Hillsborough,NC 27278 Estimate Date Estimate # 10/16/2014 232 Customer Signature Project Description Qty Cost Total Stone maintenance and placement Rena Community Center (Replenish gravel) 20 tons of River Rock, 9,072.98 9,072.98 25 tons of ABC Farmers Market (Re -grade existing parking area to fill in holes and 975.00 975.00 smooth) Farmers Market (If stone is needed it will take 48 tons of 57) 1,342.08 1,342.08 To add gravel to various locations as needed. (Five different trips) 2,250.00 2,250.00 for pothole maintenance Total $13,640.06 Customer Signature DocuSign Envelope ID: 5663A3FF- 5C97- 4CF4- 9ADE- 4FF10E262822 OP ID: DC A4c"�RL? ' CERTIFICATE OF LIABILITY INSURANCE D081221201 YY) 08/22/2014 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 Phone: 919- 682-4814 The Sorgi Insurance Agency Fax: 919- 682 4906 16 16 Consultant Place Suite 102 CO TAC NAME; Debbie Callahan PHONE No Ext ; 919- 682 -4814 FAx (FAX, No): 919- 6824906 Durham, NC 27707 James E, Sorg], CIC ADDRESS: debbie@sorgiinsurance.com PRODUCER CUSTOMER ID x: TRIALAN INSURER(S) AFFORDING COVERAGE NAIC ;F INSURED Triangle Landscaping Inc. INSURERA: Erie Insurance Exchange 26271 Brad Lewis dba 3582 Fletchers Way Stem, NC 27581 INSURERS: INSURER C: Q2726204479 03/26/2014 03/26/2015 PREMISES Ea occurrence INSURER D : MED EXP (Any one person) INSURER E : CLAIMS -MADE � OCCUR INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NLIMBER: 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. LR TYPE AUUL INS WIT D POLICYNUMBER NEFF MMIDD POLICY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY Q2726204479 03/26/2014 03/26/2015 PREMISES Ea occurrence $ MED EXP (Any one person) $ CLAIMS -MADE � OCCUR PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,00 POLICY PEI LOC $ A AUTOMOBILE LIABILITY ANY AUTO Q032630379 03/26/2014 03/26/2015 COMBINED SINGLE LIMIT (Ea accident) $ 750,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ NON-OWNED AUTOS $ $ UMBRELLALIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DEDUCTIBLE $ $ RETENTION $ X WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETORIPARTNEWEXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A Q872600559 03/26/2014 03/26/2015 WC S7ATU- OTH- X TORY LIMITS ER E.LEACHACCIDENT $ 100,000 E.L. DISEASE - EA EMPLOYEE $ 100,000 E.L. DISEASE - POLICY LIMIT $ 500,000 A Contractor's equip Q272620479 03/26/2014 03/26/2015 Equipment 92,300 DESCRIPTION OF OPERATIONS f LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Orange County PO Box 8181 Hillsborough, NC 27278 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE O 1988- 2009ACORD CORPORATION. All rights reserved, ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD