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HomeMy WebLinkAbout2015-214-E DEAPR - Triangle Landscaping, Inc. for gutter and drainage repair $9,879.73 DocuSign Envelope ID:679E9844-93E2-4AD7-AOBO-8D34446CA50C [Departmental Use Only] TITLE EC Gutters and Drainage FY 2015 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 14th day of May, 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 Triangle Landscaping, Inc. (the "Provider„), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hercinafler 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 furuislied under this Agreement are as follows: Replace gutters and downspouts on ECCC and 2 park shelters, install drainage per specifications. The term of this agreement rendered shall be from May 14, 2015 to August 30, 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, Pam ment: 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 nine thousand, eight hundred, seventy nine dollars and seventy three cents, ($9,879,73). 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 Avork 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 samc, 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 DocuSign Envelope ID:679E9844-93E2-4AD7-AOBO-8D34446CA50C Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated Therein by reference and may be viewed at litt :I loran ecouiit tic, ovl urcllasilr contracts.as ). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of rh/a(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. 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 Si natures: The parties have read this Agreement and agree to be bound by all of its terms, and finrther agree that it constitutes tlhe 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 tlhe Parties to comply with Article I lA and Article 40 of North Carolina General Statute Chapter 66. 8. Priori : In determining tlhe 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 tine 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 firnding 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 finds. [SIGNATURE PAGE TO FOLLOW] Revised 10114 2 DocuSign Envelope ID:679E9844-93E2-4AD7-AOBO-8D34446CA50C 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: --DocuSigned by: By: ov�,,(�,At, ( aMMVS By. �4� ✓1 qtyA4 @€g-gr_ MCMDMF7714E4... 200 S. Cameron St. Brad Lewis,Triangle Landscaping, Inc. P.O. Box 8181 P.O. Boa 144 Hillsborough,NC 27278 Stem,NC 27581 Revised 10114 3 DocuSign Envelope ID:679E9844-93E2-4AD7-AOBO-8D34446CA50C OP ID: LH ,4co►z°A CERTIFICATE OF LIABILITY INSURANCE naTE113/2 Y5 o5r73r2a75 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 13Y THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURE R(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 endorsoment(s). PRODUCER Phone: 919-682-4814 CONTACT Debbie Callahan The Sorgi Insurance Agency Fax: 919-682-49x6 PHGNE 918.682-4814 ac No: 16 Consultant Place Suite 102 Arc No E t: 919.582-4906 Durham,NC 27707 E-MAIL ESS:debble@sorglinsurance.com James E,Sergi,CIC PRODUCER TRIALAN CUSTOMER ID#: INSURER(S)AFFORDING COVERAGE NAIC A INSURED Triangle Landscaping Inc. INSURER A;Erta Insurance Exchange 26271 Brad Lewis dba INSURER B: 3582 Fletchers Way Stem, NC 27581 INSURER C: 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. IN SCR DD POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYY MMJDDIYYYY GENERAL LIABILITY EACH OCCURRENCE S 1,000,00 X COMMERCIAL GENERAL LIABILITY Q2726204479 0312612016 03/2612016 PREMlsf5 Eaoccurrenco 3 CLAIMS-MADE I I OCCUR MED EXP(Anyone person) S PERSONAL&ADV INJURY $ 1,000,00 GENERALAGGREGATE $ 2,000,00 GFNLAGGREGATELIMITAPPLIESPER: PRODUCTS-COMPIOPAGG 5 2,000,00 POLICY n PRO LOC $ AUTOMOBILE LIABILITY COMBINED SiNGLELIMIT S 750,00 0312612015 03/2612016 (Ea accident) A ANY AUTO Qa32630379 BODILY INJURY(Per person) $ ALLOWNEDAUTOS BODILY WJURY(Per accident) $ X SCHEDULEDAUTOS PROPERTY DAMAGE HIREDAUTOS (Peraccldenl) S NON-OWNED AUTOS S 5 UMBRELLALIAB OCCUR EACH OCCURRENCE S _ EXCESSLIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE S RETENTION S $ WORKERS COMPENSATION X WCSTATU- OTH- AND EMPLOYERS'LIABILITY TORY ll ER X ANY PROPRiETORIPARTNERIrXECUTTVEY NIA Q872600559 03/26/2015 03/2612016 E.L.EACH ACCIDENT $ 100,00 OFFICERIMEMSER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 100,00 Ifyes,desuibe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,00 A Contractor's equip Q272620479 03!2612015 03/26/2016 Equipment 92,30 I T- 1 DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES (Attaett ACORD 101,Additional Remarks Schedule,it more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County Parks Pk & THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Recreation Lori Taft AUTHORIZED REPRESENTATIVE PO Box 8181 Hillsborough,NC 27278 ;u. f ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD