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HomeMy WebLinkAbout2015-514-E AMS - Carolina Earthscapes, Inc. to install parking bumpers at 300 W. Tryon St. DocuSign Envelope ID:4C03613B-140E-4134-9997-6328D5DA2C71 [Departmental Use Only] TITLE WHSC Parking Bumpers FY 2016 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 14th day of September, 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 Carolina Earthscapes, Inc. (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: install 170 parking curb bumpers at Whitted Human Services Center parking Lot, per provided proposal. The term of this agreement rendered shall be from September 15, 2015 to September 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. 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 one thousand eight hundred fifty dollars, ($1,850), 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 work 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 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 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:4C03613B-140E-4134-9997-6328D5DA2C71 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://or,angecouniync.gov/purchasing/contracts.asp). 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 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 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 Signature : 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 I IA and Article 40 of North Carolina General Statute Chapter,66. 8. Priori : 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. Governin_ 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 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 funds. [SIGNATURE PAGE TO FOLLOW] Revised 10/14 2 DocuSign Envelope ID:4C03613B-140E-4134-9997-6328D5DA2C71 IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVjDtgR ned by: ocu i By: 5DocuSigned by: r 6VUVut, 4kmwlc,V'SCt+� By �avup�........ CO BQ� �77___ 065592AAEAA5442... 200 S. Cameron St, Carolina Earthscapes, Inc. P.O. Box 8181 1841 North NC Hwy 119 Hillsborough,NC 27278 Mebane,NC 27302 Revised 10/14 3 DocuSign Envelope ID:4C03613B-140E-4134-9997-6328D5DA2C71 Carolina Earthscapes, Inc. 1841 North NC HWY 119 Mebane,North Carolina 27302 (919)730-5373 David Fletcher Whitted Building 300 West Tryon Street Hillsborough,NC 27278 Carolina Earthscapes Inc. proposes to do the following work located at 300 West Tryon Street Hillsborough,NC 27278 • Install 170 parking curb bumpers at Whitted building parking lot. (Bumpers provided by Orange County) Total Price of Estimate: $1,850.00 Work to be scheduled from returned signed proposal. CEI shall contact to set date to start this proposal. Terms: Deposit required upon authorization of work. Balance is due as follows: Deposit of$ N/A Balance due upon completion: $ 1 850.00 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 as outlined above.Failure to comply with terms above shall result in a 15%APR after,60 days. This is an estimate of cost, if actual cost is more than estimate cost, client will be notified before completion of work. Any additional work or,cost must be approved and agreed upon in writing by the above stated customer and a CEI representative before work is authorized for completion. SIGNATURE_ DATE Thank you for allowing Carolina Earthscapes, Inca the opportunity to estimate your project. Office Located at 1841 North NC 119 Mebane North Carolina 27302 DocuSign Envelope ID:4C03613B-140E-4134-9997-6328D5DA2C71 DATE(MM/DONYYY) ACX>RL;V CERTIFICATE OF LIABILITY INSURANCE `,. 05/19/2015 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(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 NAME: Joshua E Matthews Joshua E Matthews Insurance Agency Inc a"c°Nn o Ell: (919)598 6800 AAC No 2144 Page Rd Suite 106 E-MAIL Joshua@jrnafthewsinsurance.com 9 ADDRESS: @I INSURERS AFFORDING COVERAGE NAIC# Durham NC 27703 INSURERA: ERIE INS EXCH 26271 INSURED INSURER B CAROLINA EARTHSCAPES INC INSURER C: P .BOX 77 INSURER D: INSURER E: 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. INSR TYPE OF INSURANCE ADDL SUER Y LTR POLICY NUMBER MMIDD/YYYY IY MM/DDYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TC�RENTED CLAIMS-MADE [X� OCCUR PREMISES Ea occurrence $ 1,000,000 MED EXP(Any one person) $ 5,000 A Q28-1121458 04/11/2015 04/1112016 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY❑JERCOT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea a.,den ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS _ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County ACCORDANCE WITH THE POLICY PROVISIONS, 200 S Cameron St AUTHORIZED REPRESENTATIVE Hillsborough NC 27278 � ©1988-2014 ACORD CORPORATION.All rights reserved. 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