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Home My WebLink About2015-334-E DEAPR - Triangle Landscaping, Inc. for prep and paving $22,000 DocuSign Envelope ID: E7493F65-B5BC-4436-B186-97175E66E627 NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this second day of July, 2015 by and between Orange County, North Carolina (hereinafter the "Owner") party of the first part; and Triangle Landscaping, 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: July 2, 2015 through September 2, 2015. The Project Commencement Date shall be determined. 2. MAXIMUM AMOUNT PAYABLE Dollar Arnount Not to Exceed: Twenty-two thousand dollars ($22,000) 3. SERVICES Contractor agrees to provide the following construction services (the "Work"): Remove, existing crumbled driveway apron, regrade, provide and install stone and concrete paving, provide and install stone base on remaining drive and parking area at Millhouse Rd property. Provide and install stone and concrete pad for concessions trailer and cut curb/repair paving at gate at soccer complex per specifications provided, Contractor shall not sub-contract all or any part of the constriction 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 10114 1 DocuSign Envelope ID: E7493F65-B5BC-4436-B186-97175E66E627 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 further 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 Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http;//oraiigecoulltyiie.gov/ptirchasiiig/contracts.as ). 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 NIA as being not applicable). Contractor shall not commence construction work until such insurance is in effect and certification thereof has been received by tine Owner's Risk Manager. S. INDEMNIFICATION Contractor agrees to defend, indemnify, save, and protect Owner and Owner's lender, if ally, 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 indemnify the Owner to the Rill 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 10114 2 DocuSign Envelope ID: E7493F65-B5BC-4436-B186-97175E66E627 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 acid/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 nnodifrcations may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 1 I 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 tennis, and firrther 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: E7493F65-B5BC-4436-B186-97175E66E627 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 -DocuSigned by: -DocuSigned by: By �auxw�c.vS By 4 Cot �$gvf7... Bra �i�7�0�A8F7714E4... 200 S. Cameron St. Triangle Landscaping, Inc, P.O. Box 8181 P.O. Box 144 Hillsborough,NC 27278 Stem,NC 27581 Revised 10114 4 DocuSign Envelope ID: E7493F65-B5BC-4436-B186-97175E66E627 �.� OP ID: LH CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYYI 05/1312015 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 pollcy(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 Phone:919-582-4814 NAME: Debbie Callahan The Sorg[Insurance Agency Fax:919-682-4906 PHONE E 919-602-4814 aAX No; 919.682.4906 16 Consultant Place Suite 102 we No xt Durham,NC 27707 n DRESS:debbie sorgiinsurance.com James E.Sorgl,CIC PRODUCER TRIALAN CUSTOMER ID#: INSURER(S)AFFORDING COVERAGE NAIC# INSURED Triangle Landscaping Inc. INSURERA:Er€e 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. ILTR TYPE OF INSURANCE OD B POUCYNUMBER MMfDI�YIYYYY POLICY LIMITS GENERALLIABILITY EACH OCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY Q2726204479 03126/2015 03126/2016 PREMISES Ea occurrence) CLAIMS-MADE L i OCCUR MED EXP{Any one person) S PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG S 2,000,00 POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 750,00 (Ea accident) A ANY AUTO Q032630379 63/2612015 03/26/2016 BODILY INJURY{PerPerson) S ALL OWNED AUTOS BODILY INJURY(Per accident) S X SCHEDULEDAUTOS PROPERTY DAMAGE $ HIREDAOTOS (Per accident) NON-OWNEDAUTOS $ 5 UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIA9 HCLAWS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION S $ WORKERS COMPENSATION X I WCSTATU- 0TH- AND EMPLOYERS'LIABILITY TORY LIk41TS ER _ X ANY PROPRIETORIPARTNERIEXECUTIVE YIN F--1 Q872600559 03/2612015 03/26/2016 E.L EACH ACCIDENT S 100,00 OFFICE RWEMBEREXCWDED? NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S 100,00 If es,describe under D SCRIPTIONOFOPERATIONSbelow E.L.DISEASE-POLICY LIMIT $ 500,00 A Contractors equip 0272620479 0312612015 03125/2016 Equipment 92,30 DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES(Attach ACORD 101,Addlllonat Remarks Schedule,If more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County Parks & 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 ' ✓ O 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 26(2009109) The ACORD name and logo are registered marks of ACORD