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HomeMy WebLinkAbout2014-552-E DEAPR - Cleve Wagstaff Stone Masonry, LLC for construction of stone culverts $5,980DocuSign Envelope ID: F4162074- 2BC7- 47BC- B784- BCEEDFDDC55C [Departmental Use Only] TITLE Stone culvert end caps FY 2015 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 21 day of September, 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 Cleve Wagstaff Stone Masonry, LLC, 309 Wagstaff Carver Rd., Roxboro, NC 27574 (the "Provider "), party of tine 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, tirne being of the essence: The services and /or materials (hereinafter referred to collectively as "Services ") to be furnished under this Agreement are as follows: Construct 2 stone walls surrounding existing culvert ends at Blackwood Farm Park on historic road bed. Footings and stone to be provided by owner. The term of this agreement rendered shall be from September 30, 2014 to March 31, 2015. 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 mantier 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 Rib-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. Pa• rr�: 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 five thousand, nine hundred, eighty dollars, ($5,980). 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, not- 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. Tile 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 10114 DocuSign Envelope ID: F4162074- 2BC7- 47BC- B784- BCEEDFDDC55C Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at littp://oratigecouiityiic.gov/l?tii-cliasitig/coiitt-acts.asp). 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 corntnence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 5. Indetmiity: 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. b. 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 Si nag tUres: 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 14A 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. Govefning LaAv: rnBoth 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 shits 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 firnds. [SIGNATURE PAGE TO FOLLOW] Revised 10/14 2 DocuSign Envelope ID: F4162074- 2BC7- 47BC- B784- BCEEDFDDC55C IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY DocuSigned by: By: b6VU(&A'f, fkMmtysl,t,11 200 S. Cameron St, P.O. Box MI Hillsborough, NC 27278 Revised 10114 PROVIDER - DocuSigned by: By: cr.4P 89B1EDBCCCD4471... Cleve Wagstaff. 309 Wagstaff Carver Rd Roxboro, NC 27574 DocuSign Envelope ID: F4162074- 2BC7- 47BC- B784- BCEEDFDDC55C ---Ili CLEVE -1 OP ID: BP CERTIFICATE OF LIABILITY INSURANCE r ATE(MINDD1YYYY) l� 1012412414 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(lea) must be endorsed, It SUBROGATION IS WAIVED, Subject to the terms and Conditions of the policy, certain policies may requlre an endorsement. A statement on this certificate does not confer rights to the certificato Balder In lieu of such endorsemant(s ). PRODUCER CONTACT NAME: Phlll" ip Allen Thompson- Allen, Inc. PHONE 336 -599 -2175 FAX 336 -599-6932 P. O. Box 100 ��: - -._ Roxboro, NC 27573 AD S: Barbara Piper — -- -- INSURER(S) AFFORDING COVERAGE I NAIC ff INSURER A : Clncinnatl Insurance Company 10677 INSURED Cleve Wagstaff Stone Masonry INSURERB:CinCirinati_Indetnni Company -- 23280 309 Wagstaff Carver Rd INSURERC: - -_ _ Roxboro, NC 27574 — INSURER D: INSURER E : - - - -- INSURER F : r.r_nrrrrnwrc ■rrrReoeo. RFVISIC]N WIIMRFR- v 1 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. AODL 511R - ...,_...,.-__._.� POLICY EFF LTR TYPE OF INSURANCE � f hMlDDlYYYY rhAf0DlYYYY LIMITS A X COMhIFRCUIL GENERAL LIARILnY EACH OCCURRENCE $ 1,000,00- CLAIMS-MAOE X] OCCUR I ENA 0119816 0110212014 0110212015 O ..- 6cl0 RFt 1-1-0 PRet,11SLS(ta_ccourrente }- -- 5 - ..._ -- ©_ j MEO EXP (Any -ane persen) 5 . ___ -- 6,00... PERSONAL 4ADVINJURY S 1,000,00 GE[fl- AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000, 00 i GL;GY L1 !E � LOC PRGDUCTS - COMP10t' AGG S _-- - -- —� -- 2,000,00 - - - -- OTHER: 3 COMBINED SINGLE LIMIT S 1000,000 AUTOMORILELIABILITY � Eaaccidenl). ._- ......._.1...._ ............. A ANY AUTO EBA 0067748 04104/2014 04/04/2015 1130DILY INJURY (Per person) S _ — ALL OWNED X SCHEDULED BODILY INJURY (Per attidenl) S _.,V. AUTOS AUTOS NON -OWNED X X PROPERTY DAMAGE (Peraccidontl S HIREOAUTOS 5 )( UMBRELLA LIAR X OCCUR EACH OCCURRENCE — — S -- 6,0_0_0,00 AGGREGATE A EXCESS LIAa CLAIIAS-MADE EN 0119816 0110212014 0110212015 $ 5,000,00 OED F RETENTIONS S _ WORKERS COMPENSATION STD- ORH B AHD EMPLOYERS' LIAaRITY Y IN ANY TROPRIETORrPARTIIERit!- MVTIVE WC1822051 -10 01/0212014 01!0212016 $ 1 r000,Q0 -TE — .- ... -_- E -L. EACH ACCIDENT Ems- DISEASE • EA EMPLOYEE S 1,000,00 OFFICERWd kMEREXCLUDED? ❑ (Mandatory In NH) h NIA I E DISEASE • POLICY LIMIT 5 1000000 r , If os, detcritounder DESCRIPTION OF OPERATIONS ba'ow 1 I I DESCRIPTION OF OPERATIONS 1 LOCATIONS! VEHICLES (ACORO 103, Addltlon31 Ramorks Schodula, may bo attaehad II more spa co is requ €rod) Orange County CIO DEAPR -Lori Taft P.O. Box 8181 Hillsborough, NC 27278 ACORD 25 (2014101) ORANGEC 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 Barbara Piper t' nc 44RR -?flTk ArnRD The ACORD name and logo are registered marks of ACORD ti TION. All r1ahts reserved.