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Home My WebLink About2015-478-E AMS - Carolina Earthscapes, Inc. to supply, install monitor at Central Orange and Seymour Senior Centers DocuSign Envelope ID: FEB529C0-9949-408E-BA70-88A22C3EE071 [Departmental Use Only] TITLE Install Monitors FY 20116 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEM-FNT, made and entered into this 17th day ol'ALIgust, 2015, ("Effective Date") by and between Orange County, North Carolina, as body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Carolina Earthscapes, Inc. (the "Provider"), party of the second part; WITNESSETH: For the purpose and subject to the terins 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: supply and install monitor at 2551 I-lornestead Road and 103 Meadowlands Drive, per attached proposals. The term of this agreement rendered shall be from. August 17, 2015 to September 18, 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 perfori-nance of the Agreement. Provider shall correct any and all errors, emissions, 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 ofthe County. SPECIFIC TERMS Pa aunt: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. `fhe amount to be paid by the County shall not exceed two thousand seven hundred sixty six dollars, ($2,766). Payment shall be made within thirty (30) days of all invoice properly submitted to County. Should Provider fail to Perform its duties under the terms of this Agreeftient, County may, without fault or penalty, withhold any payment associated with the work to be perfortued 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 field to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause, 3. Independent Contractor- Tile 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 10114 1 DocuSign Envelope ID: FEB529C0-9949-408E-BA70-88A22C3EE071 Risk Transfer Policy and Orange (.7,01.1rity Miniult.1111 Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at bLttp;.L 4ganuqp(AiIItypc.,goV a 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 tile Owner's Risk Manager. 5. Lnd�qinity: The Provider agrees to defend, indeninify, and hold harmless Orange County from all losses, liabilities, clairns, dernands, 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. Ten-ninati n: ']'his Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon,written notice to tile Provider. 7. E tire clue it and ......4—Agrg-1.......S The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes tile 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 coitiply with Article I I A and Article 40 of North Carolina General Statute Chapter 66. 8. Pori t: : In determining tile 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 I,aw: Both parties agree,that this Agreement shall be governed by the laws of tile 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-discrinnination 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-perforniance of, this Agreement shall be brought HI 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, Nonce rq4)riation. 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 tile event that public funds are unavailable and not appropriated, for the performance of County's obligations tinder this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider ofthe unavailability and non-appropriation of public funds, [SIGNATURE PAGE TO FOLLOW] Revised 10/14 2 DocuSign Envelope ID: FEB529C0-9949-408E-BA70-88A22C3EE071 IN WITNESS WHEREOF,County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE COUNTY PROVIDER cuSigned by: rDocusigned by: By. F�6' V"R' �Mwt,V'sb-, By: �avLl� �. FvdlA,t r oufi , wr 065592AAEAA5442... 200 S. Cameron St. Carolina Earthscapes,Inc. P.O.Box 8181 1841 North NC Hwy 118 Hillsborough,NC 27278 Mebane,NC 27302 Revised 10/'14 ?� DocuSign Envelope ID: FEB529C0-9949-408E-BA70-88A22C3EE071 Carolina Earths,capes, Inc. 1841 North NC FIWY 119 Mebane,North Carolina 27302 (919)730-5373 David Fletcher Seymour Center 2551 Homestead Rd Chapel Ifill,N,C.27516 Carolina Earthscapes 111C.Proposes to do the following work located at 2551 Homestead Rd Chapel 11111, N.C.27516. Install monitor on wall above desk in front lobby area. This will include installation of receptacle and Cat 5 data cable behind monitor.All sheetrock and painting needed from repair (The monitor and wall mount will be provided by owner) Total Price of Estimate: $1,268.00 Work to be scheduled from returned signed proposal. CEI shall contact to set date to start this proposal. Terms: Deposit required upon authorization of work. Balance is due as follows: Deposit of$ N/A Balance due Upon completion: $_1 2268.0 __I268.0 David Fletcher CEI AUTHORIZED SIGNATURE ACCEPTANCE OF PROPOSAL The above price, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made ws Outlined above. Failure to cornply with terms above shall result in a 15%APR after 60 days. This is an estimate of cost, if z V to cost,client will be notified before completion of work. Any actual cost is more than es, additional work or cost r iist )e approved and agreed upon in writing by the above stated custorner and a CEI re res itativq before work is authorized I-or completion, r SIGNA,ruRi-,'1- 7?-4 DATE "4 Thank you for allowing Carolina Earthscapes, Inc, the opportunity to estimate Your project. Office Located at 1841 North NC 119 Mebane North Carolina 27302 DocuSign Envelope ID: FEB529C0-9949-408E-BA70-88A22C3EE071 isCarolina Earthscapes, Inc. 1841 North NC Hwy 119 Mebane NC 27302 (919)730-5373 David F']etcher Carolina Earthscapes Inc. proposes to do the fbilowing work- at Central Orange Senior Center located 103 Meadowlands Drive, Hillsborough,NC 27278 Estimate 1: Install monitor on wall to the left near office in front lobby area. This will include installation of'receptacle and Cat 5 data cable behind monitor. All sheetrock and painting needed from repair(The monitor and wall mount will be provided by owner) Total Price of Estimate: $1,268.00 Estimate 2: Install monitor on column in front lobby area. This will include installation of receptacle and Cat 5 data cable behind monitor. All sheetrock and painting needed from repair(The monitor and wall mount will be provided by owner) Total price of Estimate: $1,498.00 Work to be scheduled from returned signed proposal. CEI shall contact to set date to start this proposal. Terms: Deposit required upon authorization of work. Balance is due as follows: Deposit of$i_ N/A Balance due upon completion: $1,49 8.00 Work to be scheduled from returned signed proposal. CEI shall contact to set date to start this proposal. Terins: Deposit required upon authorization of work. Balance is due as follows: Deposit of$ N/A Office Located at 1841 North NC Hwy 119 Mebane NC 27302 DocuSign Envelope ID: FEB529CO-9949-408E-BA70-88A22C3EE071 0 [:!05/19/2015 TE(MMIODIYYYY) �+► +�►Rt CERTIFICATE OF LIABILITY INSUI INSURANCE 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 DOTES 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 dues not confer rights to the certificate holder In lieu of such endorsement(s), PRODUCER CONTACT NAME; Joshua E Matthews Joshua E.Matthews Insurance Agency Inc. _[Aa�Na,.Ex (,919)598-6800 °o 2144 Page Rd.Suite 108 E-MAIL ADDRESS.. Josua J h rruatthewsinsurance.com INSURERS. AFFORDING COVERAGE 1 .....NAIC# . . ..... L.1.._.INSURER A ERIE INS EXCH 26271 INSURED ... ...NC 277p3 ENSURER a ........ . ........ ..... . CAROLINA EARTHSCAPES INC INSURER P.O.BOX 77 INSURER D: INSURER. Butner NC 27509-0077 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. mo ---...---..... . .... ............Aubl—:;SU'§F.j ...,.,.... .. ... „ ......,._... ...„...tsQ�ICY EFF -POLICY EkP 1 ............. ......,_._,,.. ...... .. .... LTIR TYPE OF INSURANCE I POLICY NUMBER MMtDDPYYYY MMIDDNYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 .. _ CLAIMS-MInDE �ccCUR PuwuS(Eao—rrencc $ 1,00000O ............... ... ........ ......_,. M.dCIE.XPFAr onepernon) S 5.000 ,. A Q28.1121458 04/1112015 04/111/2016 PERSONAL&ADEIIN,IURY $ 1,000,000 G.ENL AGGREGATE LIM'�.lTAP'PLIES PER GIENEN.AGGREGATE. s 2,000,000 1 POLICY LOO PRCr UCT atPF aT1E,� t 2,000,000 AUTOMOBILE LIABILITY 1 COMBINED SINGLE LIMIT � .. ANY AUTO BODILY INJUIRY(Per personl 5 ALL DVVNED F SCHEDUL.ErD Ad.ITL"S AUTOS BODILY INJI,IRR'Y(Per a=deni) � NON-OWNED PRC PER fY DAMAi",E HIRED AUTOS AUTOS .I~Pe�e aor��I�I�I➢.... I s i UMBRELLA LIMB Iy OCCUR EA6wlI CM,FG"E,IRREfiOGF $ 1 EXCESS LIAR 1 w •. _ .. .. .. I:::LAIMS-MADE( � �A�GREG,A'FE.. ............. t.. ., ,.. .........,.... .... DEC FI'..ETF.NTICNS 5 IMYORKIERSCOMPENSATION I PER fil{ ANY PR'9PRIETORNPARTNi '�TATAC FR„ AND EMRr'Lt"JYERS'LIABIL Y F N ---- "WFICEa In ,N1A', EF--E tHAGCTYENT .........— re t;1FeICFi+I.fMEMufiBEP EXCLUDED? .. ....... _ I I E L.ETU /"ASE-F.A EMPLOYE a S t nqs,describe under I ......_. €7ESCRIPTION OF OPERATIONS below I E L.DISEASE.POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more spa"is required) CERTIFICATE HOLDER, CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE 'WILL BE DELIVERED IN Change County ACCORDANCE WITH THE POLICY PROVISIONS. 200 S,Cameron St AUTHORIZED REPRESENTATIVE Hillsborough NC 27278 :,. 1988W2014 ACORD CORPORATION,All rights reserved. ACCORD 25(2014101) The ACORD name and logo are registered'marks of ACORD