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Home My WebLink About2015-213-E DEAPR - Asphalt Experts, Inc. for paving at Efland Cheeks Park $28,500 DocuSign Envelope ID: DDEE9F74-82D3-4FB8-B7A2-C28AC485259B NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 8th day of May, 2015 by and between Orange County, North Carolina (hereinafter the "Owner") party of the first part; and Asphalt Experts, Inc. (hereinafter the "Contractor"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the Owner hereby contracts for the construction services of the Contractor, and the Contractor agrees to provide the construction services to the Owner in accordance with the terms of this Agreement. 1. TERM Beginning and ending dates of contract: May 8, 2015 through June 30, 2015. The Project Commencement Date shall be on or before May 30, 2015. 2, MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: Twenty-eight thousand, five hundred ($28,500) 3. SERVICES Contractor agrees to provide the following construction services (the "Work"): Per bid specification: Prepare and pave approximately 1,000 sq. yds of existing parking lot at Efland Cheeks Park. Provide and install tire stops. Prepare and pave damaged section of walking track at Efland Cheeks Park. Includes all materials, equipment and labor required. Allowance included for gravel. Contractor shall not sub-contract all or any part of the construction services provided for in this Agreement without prior written approval of the Owner. Contractor shall be responsible for all errors or omissions, in the performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to Owner. 4. PAYMENT Contractor shall submit an invoice for construction services provided. The invoice shall contain Contractor's name and federal tax identification number and shall be signed and dated by an officer of Contractor. It shall detail all construction services provided in payment requests. The Owner will make payments to Contractor within thirty (30) days after receipt of and approval of the invoice by the contracting department. In the event the amount stated on an invoice is disputed by Owner, then Owner may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. In addition, should Contractor fail to perform its duties under the terms of this Agreement, Owner may, without fault or penalty, withhold any payment associated with the Work to be performed until such time as said work is completed. Revised 10/14 1 DocuSign Envelope ID: DDEE9F74-82D3-4FB8-B7A2-C28AC485259B 5. RELATIONSHIP OF PARTIES Contractor is an independent contractor of the Owner. Contractor represents that it has or will secure, at its own expense, all personnel required in performing the construction services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the Owner. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized or permitted under state and local law to perform such construction services. It is fiirther agreed that Contractor will obey all State and Federal statutes, rules and regulations which are applicable to provisions of the construction services called for herein. Neither Contractor nor any employee of the Contractor shall be deemed an officer, employee or agent of the Owner. G. TERMINATION This Agreement may be terminated by Contractor upon thirty (30) days' written notice to the Owner, and the Owner may terminate this Agreement upon thirty (30) days' written notice to Contractor. This or any other written notice shall be delivered via certified mail, return receipt requested to the parties at the addresses as shown on the signature page to this Agreement. 7. INSURANCE REQUIREMENTS Contractor 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 Risk Transfer Policy and Orange County Minimuni Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at littp:/loran cg cotiiityne.goN,/purchasing/coittracts.asp). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here n/a (if no additional insurance required mark N/A as being not applicable). Contractor shall not conunence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager, S, INDEMNIFICATION Contractor agrees to defend, indemnify, save, and protect Owner and Owner's lender, if any, harmless from and against any and all claims, liens, liabilities, losses, damages, causes of action, and expenses (including court costs and reasonable attorney's fees related thereto) arising out of, in connection with, or resulting from any negligence, act or failure to act by the Contractor, the Contractor's agents, assigns or employees related to the Work. Contractor is responsible for all errors or omissions caused by its agents, contractors, employees, or assigns in the performance of this Agreement. It is the intent of this section to require Contractor to indenrrrify the Owner to the full extent permitted under North Carolina law. 9. NON-ASSIGNMENT Contractor shall not assign all or any part of this Agreement, including rights to payments, to any other party without the prior written consent of the Owner. 10. NON—APPROPRIATION Revised 10/14 2 DocuSign Envelope ID: DDEE9F74-82D3-4FB8-B7A2-C28AC485259B Contractor acknowledges that Owner 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 Owner's obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice to Contractor of the unavailability and non-appropriation of public fiends. It is expressly agreed that Owner shall not activate this non- appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the Owner's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects Owner's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to Owner upon written notice to Contractor of such limitation or change in Owner's legal authority. 11. DIGITAL SIGNATURES 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 11 A and Article 40 of North Carolina General Statute Chapter 66. 12. ENTIRE AGREEMENT The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it, together with specifically referenced documents, constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified by a written amendment to this Agreement signed by the parties. Modifications may be evidenced by telefacsimile signatures. Should any conflict arise in the terms of any documents referenced herein and this Agreement the terms of this Agreement shall be given priority and shall control over all other such documents. Should a request for proposals and a proposal be referenced the terms of the request for proposals shall have priority over the terms of the proposal. 13. COMPLIANCE WITH LAW/GOVERNING LAW Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and any action brought under this Agreement shall be brought in the General Court of Justice of the State of North Carolina in Orange County. 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. [SIGNATURE PAGE TO FOLLOW] Revised 10114 3 DocuSign Envelope ID: DDEE9F74-82D3-4FB8-B7A2-C28AC485259B IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORANGE COUNTY CONTRACTOR �ZcuuklA't-DSgned by: [-iDOCUS'gned by: By ( ammt.v'sb-tj By &4 NJ Cfl r 58 97... Ed �62768A9AFCA4FD... 200 S. Cameron St. Asphalt Experts, Inc P.O. Box 8181 5112 Neal Rd., Suite 100 Hillsborough,NC 27278 Durham,NC 27705 Revised 10114 4 DocuSign Envelope ID: DDEE9F74-82D3-4FB8-B7A2-C28AC485259B ® DATE(MMJDE"YYY) AC"R a CERTIFICATE OF LIABILITY INSURANCE o5/o7i2o95 THIS CERTIFICATE IS HUED 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 NW,cT OeAnn Mlmms Walker Insurance Agency,Inc. PHONE 336 599 9751 FAX,NO) HO No Ext� ( } PO Box 1035 ADDREss deann @walkerinsurance.biz INSURER(S)AFFORDING COVERAGE NAIC 8 Roxboro NC 27573 INSURER A: Erie Insurance 26271 INSURED wsuRER B: Ede Insurance 26271 Asphalt Experts Inc INSURER C: Ef1e Insurance 26271 Doug Robins INSURER D: Ede Insurance 35585 51112 Neal Rd Suite 100 INSURER E: Durham NC 27705 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, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. rA TYPE OF INSURANCE INSD POLICY NUMBER MF�JYYYY 1MID01YYYY LIh11TS X COMMEROAL GENERAL L"LiTY EACH OCCURRENCE $ 1000000 CLAR,IS-F,tADE A E TO REN OCCUR PREhtISES(Eaoccurrence $ 1000000 MED EX.P(My one p'rson) $ 5000 N N Q39-1750490 03/9702015 03/117/2016 PERSONAL&ADV IN JURY $ 1000000 GEN'L AGGREGATE LIMIT APPLIES PER: GENFRAL AGGREGATE $ 2000000 PRO- PRODUCTS-COffPJOPAGG $ 2DD0000 POLICY� �LOC $ OTHER: AUTOMOBILELIAB1LITY EahaxideDlSpVGLELIMIT $ 1000000 ANY AUTO DOM-Y"JAJRY(Perperson) $ ALL OWNED SCHEDULED N N Q03-1740029 03/17/2015 03/17/2016 BODILY"JJRY(Per accident) $ B X .AUTO X AUTOS OEU PROPERTYDMIAGE $ Per aca dent) X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 5000000 C EXCESS LIAB CLAims,- 1DF N N Q27-1770098 03/17/2015 03/17/2016 AGGREGATE $ DED X RETENTION$ $ WORKERSCOMPENSATION X Sl"ATUTF I FORT H_ AND EMPLOYERS'LI ABILITY ANY PROPRIETORIPARTNERiEXECUTIVE Y!N NIA E.L.EACH ACCIDENT $ 1000000 D OFHCMId EIABER EXCLUDED? Y❑ N Q87-6700165 03/17/2015 03/97/2016 (MandetoryinNH) EL DISEASE-EAE7APLOYEE $ 10000 ifyas,descnbeunder ELDISE.ASE-POLICY LIMIT $ 1000000 DESCRIPTION OF OPE RAT D NS Wow DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Addilienak Remarks Schedule,may be attached if more space is required) Project Name: Efland Cheeks Park CERTIFICATE HOLDER CANCELLATION Orange County DEAPR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO Box 8181 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 302 W Tryon St ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Hillsborough NO 27278 CA) - Fax- Email: Q 1988-2014 ACORD CORPORATION. All rights reserved, ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD