HomeMy WebLinkAbout2015-129 Planning - Pittman Landscaping for mowing and clearing Efland Sewer Easement $2,129.11 aa�s-�aq
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[Departmental Use Only]
TITLE Efland Sewer Clearing
ORANGE COUNTY FY 2015
NORTH CAROLINA CONTRACT UNDER$15,000.00
THIS AGREEMENT, made and entered into this 6th day of February, 2015, ("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 Pittman Landscaping (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: Mowing and clearing of the Efland Sewer Easement as described in
bid documents for Orange County Bid No. 1702,which are attached and incorporated into this agreement.
The term of this agreement rendered shall be from January 20,2015 to February 20,2015.
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 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 Two
thousand, one hundred twenty-nine dollars and eleven cents, ($2,129.11). 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 10/14 1
Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is
incorporated herein by reference and may be viewed at bgp:Horangecoun nc.gov/ourchasing/contracts 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 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. Priori : 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. Governin 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 shaft 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
IN WITNESS WHEREOF,County and the Provider have signed this Agreement,effective as of
the day first written above.
ORANGE COUNTY PROVIDER
By: B
County Manager 4;;
200 S. Cameron St. Stanley Pittman,Pittman's Landscaping
P.O. Box 8181 4506 Harmony Church Road
Hillsborough,NC 27278 Efland,NC 27243
Revised 10/14 3
COUNTY OF ORANGE
FINANCIAL SERVICES — PURCHASING
PO BOX 8181
HILLSBOROUGH, NORTH CAROLINA 27278
ORANGE COUNTY BID NO. 1702
December 30, 2014
ATTENTION:
INTERESTED VENDORS
Orange County requests your competitive quotation to furnish the item(s) listed below for the Orange
County Engineer, Hillsborough, NC.
A non mandatory site visit is scheduled Friday, January 9 at 10 am at the site. We will meet at the
Ashwick Subdivision at the bridge past the first intersection. Contractors are encouraged to view the
site. This is the only scheduled time for contractors to view the site. By submission of a bid the
contractor acknowledges he/she fully understands the extent of the project.
Please transmit this quotation via facsimile or deliver by hand or U.S. Mail, to the Orange County
Purchasing Agent-fax#(919) 636-4913 (NEW!!) , 200 South Cameron Street, Hillsborough, NC 27278
by January 20, 2015 at 3:00 PM
ITEM # COMMODITIES/GOODS OR SERVICES
TOTAL COST
1 LUMP SUM COST TO CLEAR SEWER EASEMENT RIGHT OF
WAY FOR THE EFLAND SEWER SYSTEM, PER ATTACHED 229•✓/'
DRAWINGS AND COVER LETTER, EFLAND, NC
PLEASE STATE FIRM DELIVERY TIME TO START AFTER RECEIPT OF PURCHASE ORDER:
DAYS
PLEASE STATE NUMBER OF DAYS TO COMPLETE THE PROJECT AFTER COMMENCEMENT:
DAYS
Will any people working on this job make less than $12.33 per hour YES
NO If yes, the lowest hourly wage to be paid any employee shall be: $ / HOUR
**SEE ATTACHED INSTRUCTIONS TO BIDDERS*"
License % FIRM NAM 1
BY
,/ (Proposal must be signed in writing)
ADDRESS _ � /�,1 FAX: .
7 TELEPHONE:q/_�(� �1`�
EMAIL:
COUNTY OF ORANGE
FINANCIAL SERVICES— PURCHASING
PO BOX 8181 ❑200 South Cameron Street
HILLSBOROUGH, NORTH CAROLINA 27278
Instructions to Bidders
1.AII bids and proposals shall be for furnishing apparatus, supplies, materials, equipment and/or work and services in
accordance with the applicable plans and specifications prescribed by Orange County. Plans and/or specifications
may be obtained at the Orange County Finance Department Purchasing Division,200 S Cameron Street,Hillsborough,
North Carolina 27278.
2.Orange County reserves the right to:
• award lowest responsible bidder that is responsive,
• to reject any or all bids,
• and to waive minor irregularities.
3.The successful bidder shall comply fully with the requirements of General Statutes, Section 143-129 and 143-131,as
amended. This is an the informal range,therefore there will not be a formal opening. Results will be made available
after award.
4.In the event of default by any contractor or vendor Orange County may procure from other sources whatever service or
item is being bid, and hold the contractor responsible for any excess cost occasioned thereby.
5.Payment by check is due thirty days after completion and inspection unless otherwise specifically provided; subject to
any discounts allowed.
6.North Carolina sales and use tax shall be included in the bid amount.
7.Bids submitted via facsimile shall be accepted. Fax to(919)636-4913.
8.Proposals received after opening date and time shall not be considered.
9.Bids must be signed and submitted on the attached form of proposal
10. The successful contractor shall be responsible for obtaining all permits and inspections.
11. The successful contractor shall be required to agree to and sign the Orange County Construction Agreement(copy
attached). Among the items included in that agreement are the County's Insurance requirements and sales tax.
12. All contractors are hereby notified that they must have proper license under the State laws governing their respective
trades. Please display license number on your submittal.
13. Please direct questions concerning this bid to David Cannell, Purchasing Agent, Orange County Financial Services
Services, (919)245-2651 or via email at dcannell cDoranaecountync.aov
14. A 'non mandatory site visit is scheduled Friday, January 9 at 10 am at the site. We will meet at the Ashwick
Subdivision at the bridge past the first intersection. Contractors are encouraged to view the site. This is the only
scheduled time for contractors to view the site. By submission of a bid the contractor acknowledges he/she fully
understands the extent of the project
15. HB786 imposes E-Verify requirements on contractors who enter into certain contracts with state agencies and local
governments. The legislation specifically prohibits governmental units from entering into certain contracts"unless the
contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of the General
Statutes." (Article 2 of Chapter 64 establishes North Carolina's E-Verify requirements for private employers). It is
important to note that the verification requirement applies to subcontractors as well as contractors. The new laws
specifically prohibit governmental units from entering into contracts with contractors who have not(ortheir subs have
not)complied with E-Verify requirements. Complete the attached affidavit, and include it with your submittal.
Project Specifications for Sewer Line Easement Clearing
Overview
It is the intent of these specifications to provide enough information for a Contractor with the proper
equipment to clear the existing sewer easement such that a maintenance truck can travel along the easement.
Basically,this involves cutting all vegetation growing within ten feet on either side of the sewer line, clearing
any limbs that may be growing into the space above the easement and removing trees, limbs or other
obstructions which may have fallen across the easement.
For this project, Orange County will supply the following:
• A map of the easements to be cleared.
• Notification to all the Efland Sewer customers that easement clearing will be taking place.
The Contractor will be expected to provide all equipment and labor to clear the easements as described below.
Scope of Work
All of the easements shown on the map have to be cleared to the standards listed below, except for those
that are located under streets. The area to be cleared is ten feet on either side of a straight line between each
manhole in the sewer system. Therefore,the total cleared width will be 20 feet. It is important that the cleared
area be as straight as possible, because we are not allowed to do any clearing outside of the easement. All grass,
bushes,vines, saplings or trees that can be mowed should be cut to a height of no more than 5". Trees that
cannot be mowed down should be cut so the stump is level with the ground and the remainder of the tree either
chipped in the field or limbed so that it does not project more than 5"above the ground. The easement needs to
be cleared sufficiently for a maintenance vehicle to be able to drive to every manhole for cleaning or inspection
purposes.
In addition to mowing the ground cover,the Contractor will remove any limbs or other vegetative
growth that projects into the easement area,up to a height of 10 feet. There may also be trees or limbs that have
fallen across the easement. These will need to be either limbed or chipped in the field as described above.
There are some manholes that are enclosed in fenced-in yards or may otherwise be inaccessible due to
structures built by property owners around the easements. To the greatest extent possible,the Orange County
Engineering staff will advise the Contractor of any known structures that might impede clearing before work
begins. However, if the Contractor comes across an area that would require destruction of such fences or other
structures in order to clear the easement,the Contractor should contact Orange County Engineering Staff for
guidance.
Once the successful Contractor has been notified to begin work,please note that time is of the essence.
Work on this project should commence as soon as possible and continue without interruption until the project is
completed.
STATE OF NORTH CAROLINA
AFFIDAVIT
ORANGE COUNTY
I, (the individual attesting below),being duly authorized by and on behalf of
(the entity bidding on project hereinafter"Employer")after first being
duly sworn hereby swears or affirms as follows:
1. Employer understands that E-Veri is the federal E-Verify program operated by the United States
Department of Homeland Security and other federal agencies,or any successor or equivalent program used to
verify the work authorization of newly hired employees pursuant to federal law in accordance with NCGS §64-
25(5).
2. Employer understands that Employers Must Use E-Verify. Each employer,after hiring an employee to
work in the United States, shall verify the work authorization of the employee through E-Verify in accordance
with NCGS§64-26(a).
3. Employ is a person, business entity, or other organization that transacts business in this State and that
employs 25 or more employees in this State. (mark Yes or No)
a. YES or
b. NO
4. Employer's subcontractors comply with E-Verify, and if Employer is the winning bidder on this project
Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer.
This day of ,2014.
Signature of Affiant
Print or Type Name:
State of North Carolina Orange County _
Signed and sworn to (or affirmed)before me,this the
O
n
day of ,201_.
0
My Commission Expires:
con
0
Notary Public
CERTIFICATE OF LIABILITY INSURANCE DATE(MAA/DDVYYI/Y)
01/23/2015
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 NAME Sharon English
ASHBY INSURANCE AGENCY PHONE 919-732-1052 FAX' teFE-MAIL 919 732-1574
ac No
arm 206 Millstone Drive DD ES:sharon.english.ae27 @statefarm.com
Hillsborough, NC 27278
INSURERS AFFORDING COVERAGE NAIL#
INSURER A:State Farm Fire and Casualty Company 25143
INSURED Paul Stanley Pittman INSURER B:
4506 Harmony Church Rd INSURERC:
Efland, NC 27243 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 Ama UB MPOMIDDA"rF MAUDLIDIYYY LIMITS
LTR TYPE OF INSURANCE POLICY NUMBER
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
CLAIMS-MADE ❑❑OCCUR 93-BX-N761-5 08/0512014 08/052015 PREMISES Ea occurrence) $
MED EXP(Any one person) $ 5,000
PERSONAL&ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GE NERAL AGGREGATE $ 2,000,000
POLICY❑PRO- F-1 JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
Ea accident
ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED
AUTOS AUTOS BODILY INJURY(Per accident) $
HIREDAUTOS NON-OWNED PROPERTY DAMAGE $AUTOS f —$_
Per accident
UMBRELLA LIAR OCCUR EACH OCCURRENCE $
EXCESS LIAR CLAIMS-MADE AGGREGATE $
DED RETENTION$ $
WORKERS COMPENSATION ER OTH-
AND EMPLOYERS'LIABILITY Y/N STATUTE ER
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? NIA
(Mandatory In NH)
If E.L.DISEASE-EA EMPLOYE $
yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1 $
DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required)
CERTIFICATE HOLDER CANCELLATION
ORANGE COUNTY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
PO BOX 201 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Hillsborough, NC 27278 ACCORDANCE WITH THE POLICY PROVISIONS.
AUTNO PRESENTATIVE
461988-20i AC CORPORATION.All rights reserved.
ACORD 25(2014101) The ACORD name and logo are registered marks of ACO 1001486 132849.9 02-04-2014
13/02 2015 12:24 FAX 9197321574 rickashby
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�a CERTIFICATE OF LIABILITY INSURANCE ozn&2µ 0
THIS CERTIFICATE 19 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEOATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT 0ETWEEN THE 19SUIN0 INBURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certilicab holder Is an ADDITIONAL INSURED, the policy([")must be endorsed. If SUORWATION IS WAIVED,subject to
the ter me and conditions of the policy,certain policies may require an endorsemont A statement On this certificate doss not confer rights to the
cerOcate holder In lieu of such sndomemen s.
PRODUCER a Sharon English
ASHBY INSURANCE AGENCY N Ne gig•132.1052 819.732-1574
StateFarm 206 Millstone Drive �t sheron.engl1shss27Qgms1l.Wm s
Hiifaborough, NC 27278 INSUIIPRIgLALORDINOCOVERAOE N e
I,NeuAp jStats Ferro Mutuel Automobile Insurance Company fi1T1
ir+fuREti- -PAUL STANLEY PITTMAN INeURER9:
4506 Harmony Chruch Rd, �Neuaa"C:
Efland, NC 27243 INiyRaRO: _,
INKPAIII
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.
ADM
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COMMERCIAL GENERAL UAe1LM EACH OCCURRENCE / -,
CLAIMS-MADE OCCUR PREM
MEO EXP qny oro pN1en i __
�^ PERSONALiADVINJURY
OEN'L ADOREGATE LIMIT APPLIE6 PER: GENERAL AoORE0AT15 f ,_`-
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OTHER:
A AUTOMOBILE Lus1U1Y dooll f ..,
ANY AUTO 16"350-A30-33 0113012016 071012015 BWI'Y INJURY(Pi+PW1a1j 3 90,DD0
ALL OWNED x SCHEDULED BODILY INJURY(Per fod") f 100,000
AUTOS AUTOS ip' D� f 50,000
HIRED AVTOS AU106 —gam— --
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1UMBRELLA Wa _ O�Uq EACH OCCURRENCE f
EXCESS UAS CLAIMS-MADE AGOREGATE S
,,Z_7'FRpT TIN I i
WORKERSCOMPENIATION _ TAT
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ANY PROPRIETORIPARTNERIEXECVTIVE ❑NIA E.L.EACH ACCIDENT f „-,
OFFICERAIEMSEREXCLVDE07 E.L.DISEASE-EAEMPLOYE f
(Mmdetery In NH) —
11yyes d�,oiDe undN E.L.DISEA69-POLICY LIMIT f
DEC IPTIDN OF OPERATIONS
Di9C upnoN OF OPERATIONS/LOCA71ONA I VENICLa81ACONO 10t,AddRlo"61 RNAWN schfdulff,maybe 0tood M—nwN1 1 Has lo nqui=)
CERTIFICATE HOLDER CANCELLATION
ORANGE COUNTY GHOULD ANY OF THE ABOVE DEBCRI§20 POLICIES B!CANCItLl.110 OWFORB
PO BOX 8181 THE EXPIRATION DATE THEREOF, NOTICE WILL 0E DELIVERED IN
Hillsborough,NC 27270 ACCORDANCE WITH THE POLICY PROVISIONS,
Attn: Kevin Lindley AUTHOR sENTATIV
1 Ib. ?-,/
1060.2014 OR C RPORATION,All rights rassrved.
ACORD 21;(2014/01) The ACORD name and logo are reglatereVerks of ACOR 1001466 132849.9 OZ-04.2014