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HomeMy WebLinkAbout2015-180-E DEAPR - Redmill Landscape & Nursery, Inc. for xeriscaping/erosion control $11,600 DocuSign Envelope ID: BOE0561 D-72F1-4418-A20C-45A380925A43 [Departmental Use Only] TITLE ECCSP Xeriscaping FY 2015 ORANGE COUNTY CONTRACT UNDER$15,000,00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 30th day of March, 2015, ("Effective Date") by and between Orange County, North Carolina, a body politic and corporate organized under the laws of tine State of North Carolina, (the "County"), party of the first part; and Rednhill Landscape and Nursery, Inc., 4517 Red Mill Rd., Durham,NC 27704 (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: Prepare, grade modify soil and plant designated eroded area with Love Grass . (2.5" pots @18"o.c.) Overseed entire area with Love Grass seed. The term of this agreement rendered shall be from March 30, 2015 to May 22, 2015. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary tinder this Agreement in a fiilly competent, professional and tinhely 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 eleven thousand, six hundred dollars, ($11,600). 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 shay, 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 tune to require the performance by Provider of any of tike 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 steal I be withheld or paid by the County oil 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 1 DocuSign Envelope ID: BOE0561 D-72F1-4418-A20C-45A380925A43 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at lltt :/loran ecourrt ne, ov/ tirchasilr contracts.as ), If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of nla(if no additional insurance required mark NIA 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 front 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 oil the part of tile 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 Aucement 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 1 lA 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 Linder the authority of its statutory mandate. In the event that public finds 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 10114 2 DocuSign Envelope ID: BOE0561 D-72F1-4418-A20C-45A380925A43 IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above, ORANGE COUNTY PROVIDER (—�DocuSlg ned by: 5DOCUSIgned by: By: ov�,�it �auxw�e�s By: in,t, gkt tA, ]' 575E333B8D10464... 200 S. Cameron St. Wayne Aiken, Landscape Supervisor P,O. Box 8181 4517 Redmill Rd. I-Iillsborough,NC 27278 Durham,NC 27704 Revised 10/14 3 DocuSign Envelope ID: BOE0561 D-72F1-4418-A20C-45A380925A43 AC"RV DATE CERTIFICATE OF LIABILITY INSURANCE 3/19/2015) 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(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 NAME: Martha Aycock, CISR Jake A Parrott Insurance Agency Inc PHONE . (252)523--7.043 A, (252)521-0145 250$ N FiERRiTAGE STREET ADDRESS:mp a rro t t@parrott ins.com PO BOX 3547 INSURERS AFFORDING COVERAGE NAIC q KINSTON NC 28502 INSURER AEMCASCO INSURANCE COMPANY 21407 INSURED IN URERB:EMPLOYERS MUTUAL CASUALTY CO 21415 REDMILL LANDSCAPE & NURSERY, INC. INSURER C BUILDERS PREMIER INSURANCE CO 13036 4517 RED MILL RD INSURER D: INSURER E; DURHAM NC 27704-9455 INSURERF: COVERAGES CERTIFICATE NUMBER:14-15 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 BR POLICY NUMBER M&VD�NYY MfWD6 YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE T RENTED 100 000 PREMISES Ea occurrence $ , A I CLAIMS-MADE OCCUR D93305 2/1/2014 2/1/2015 MED EXP(Any one person) $ 5,000 PERSDNAL&ADVINJURY S 1,000,000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,000 POLICY X PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE E�DSINGLELWIT BI 11000,000 A X ANY AUTO BODILY INJURY(Per person) $ ALLOMED SCHEOULED E93305 2/1/2014 2/1/2015 BODILY INJURY(Per acadenl) $ AUTOS AUTOS NON-OVA'NED PROPERTY DAMAGE HIREDAUTOS AUTOS Per accident S Medical payments S 2,000 X UMBRELLA LIAB OCCUR EACH OCCURRENCE S 5,000,000 B EXCESS LIAB HCLAIMS-MADF AGGREGATE S 5,000,000 DED RETENTION J93305 2/1/2014 2/1/2015 $ C WORKERS COMPENSATION X WCSTATU- X O€H- AND EMPLOYERS'LIABILITY YIN ITO ANY PROPRIETORIPARTNER/EXECUTIVE NIA E.L.EACH ACC IDENT $ 1,000,000 OFF10EFUMEMBER EXCLUDED? (Mandatory In NH) Pwc 1009223 03 2/1/2014 2/1/2015 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 It yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 1010 Additional Remarks Schedule,If more space Is required) EXCLUDED OFFICERS IN W/C COVERAGE: BILL SPARROW SR, BILL SPARROW JR, & MARGIE SPARROW CERTIFICATE HOLDER CANCELLATION ltaf t@ orangecountyne.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 $181 HILLSBOROUGH, NC 27278 AUTHORIZED REPRESENTATIVE Allen Parrott/LEANNE ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. 1N8025omnfk�rm Thm Artnpin nnma and Innn arm rmniaFararl mnrlrc of Ar..nPr)