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HomeMy WebLinkAbout2016-126-E DEAPR - Carolina Earthscapes, Inc. for Fairview shelter repairs 000wSWn Envelope ID: 38Ar13503ouC-4041-8oA3-94r55EACr58u [Departmental Use Only] TITLE Repair Fairview shelter Fly 201$ ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this |4kh day of January,20}6, ("Effective Date") by and bctv/non Orange County, North Carolina, n political subdivision of the State of North CnpoUuu, (the "[oouty"), party of the first part; and Conlooa Eudhncapey Inc. (the "Provide/'), party nf the second pail; WXTNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the ynrv[cmo of the Provider, and the Provide, ngccoa to provide the fhUorxb)g services to the CuuutYinaomoo]annevvkhd/eYmn Agreement, c iimomhs�n�oftbu�myuuc ' The services and/or n`oterio|m (heroinwfter poteozd to on\|eodvm\y as "Services") to be furnished under this Agreement are nmfollows: located uL Fait-view Park io Hillsborough,NC • Repair damaged siding on exterior o[building. • Caulk, prime and paint exterior o[building. • Primer and paint will he supplied bv the customer. • Remove all inferior plastic paneling lu boU\unxtroVum. • Tape and mkim coat interior walls in bothnesbnmoo. • Prime and paint interior walls in both remtomoma. • Pd/nor and paint will he supplied 6v the customer The terin of this agreement rendered sliall be from January 20, 2016 to February 20,2016. Provider represents and agrees that Provider ia qualified h> perform and D/l|y capable ot performing and providing the services required or necessary under this Agreement in u fhlly cVu»potnut' professional and timely /nonuex to the uwtio6am1ioo of the County. Provider mbo|i be responsible for all errors or wmiooinna' it) the pedhuowoom of the Agreement. Provider shall correct any and all errors, mnmimmionm` d|muocpouciaa` ambiguities, mistakes o,conflicts atnoodditiouoi cost 1m the County. Provider agrees that Provider shall not sub-contract any nythe services to be provided in this Ao,memmui nor shall Provider assign any right or responsibility gratited or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS [ : The County agrees to pay at the nehom mpeu|§eJ for Services satisfactorily performed in n0000] with this Agreement, The mmouumd to be paid by the County mhni| not exceed Pour thousand, six hundred and ten dollars, /$4'6l0.\ Payment shall bm made within thirty/3O\days of at) invoice properly submitted to County. Should Provider fail to perform its ditties under the tmrmmof this Agreement, County may, without fault or penalty, o/i<bboN any payment associated with the work to be psrKonnsd ood| such time nu said work iscompleted. 2. Failure by Count), ut any time 10 require the porbnxuunum by Provider o[any of the provisions hereof shall in un way waive or affect the County's right hereunder toenforce Uheoanic` not- shall any waiver by the County of any breach be field tobe3 waiver of any succeeding breach orn waiver of this Nmu'Wnive,Clause. 3. The Provider shall operate as an independent contractor and the County mbuU not b#responsible for any o[the Provider's acts oromissions. The Provider shall not b#treated as no employee with respect to the 0o/v|cms performed hereunder for federal or state tax, unemployment or uo,io,d |/16 l 000wSWn Envelope ID: 38Ar13503ouC-4041-8oA3-94r55EACr58u workers'compensation purposes, The Provider understands that neither federal, not-state, not- 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` : Provider mhuU obtain, at its ook: expense, Commercial Gm)eon| Liability Insurance, Automobile Inmmruuom, Workers' Compensation Iuaornocc, and any additional insurance no may berequired by County's BJmk ��unugeros such insurance requirements are described iu the Orange County l�|nkTransfer' Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at if County's RLik Manager determines additional insurance coverage is required such additional insurance shall consist of n/a (if no additional insurance required mark N/A as being not applicable). Provider shall not cornmence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 5. : The Provider agrees to defend, ��n� �� h� ��l� {�� �m all |omo� —a` claims, demands, mudm' costs, damages or expenses (including reasonable uKomoe''n fees) arising from budii�w injury, including death, to any person or persons or doongm to or destruction o f any property caused /n whole or in pn r1 by any negligent or intentional act or omission oil the part of the Provider, its ogmuto' or assigns directly or indirectly related to the Services to be pm'5/uucd pursuant{o this Agreement oo the pail of the Provider, 6. Termination: This Agreement may 6m terminated ot any time hw Mutual written agreement o| the patties or -y ibeCnmo1y upon written notice to the Provider. County may suspend this Agreement upon reasonable notice|nthe Provider. 7. The pudimm have read this Agreement and agree 10 be bound by all of its (mnum' and dhm, agree that it constitutes the complete and exu|oairo ntutmneu( of the Agreement t between the parties unless and until modified in writing and ai@ \md by the patties. This Agreement together with any amn ud neu(m or modifications may bcexecuted n|ootn)nkm||v. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article | iA and /\r{io|n 40 of Nudb Carolina General Statute Chapter 60. 8. ------: in doieou|uioB the hmniu set-vices to be provided, mboo|d any documents be oofbrcocuW iuorattached to this Agreement, the terms ofthis /\grcom0eu1 mbu|\ have pyind|Y in any conflict hehxee\the terms uf referenced documents and the terms of this Agreement. 9\ Bo{bpndicougree thuL1hia&greenmeu(shall be govenncdhv1he laws nfthe 8t�o[Nod|� �--Provider shall at all times remain in compliance with all applicable local,state, and federal laws, nmbm, and regulations including but not limited to all moti-dimmrion|an(iou |urvy. By executing this Agreement Provider affirms that Provider is and mbmUmu in in compliance with Article 2 of Chapter 04 of the North Carolina General Statutes. 10 : Any and all suits or actions toenforce, interpret, or seek damages with respect to any provision wf, or the performance or tion-performance o[ this Agreement shall be brought in General North Carolina. b |m agreed 6vthe parties that no other court ohRU have jurisdiction or venue with respect to such suits or actions, Binding arbitration may not be initiated h« either Perty, bonevmr, tho9udiemomnymgreob> uoubiud' mediation of any dispute prior 0n the bringing of such suit oraction. 11. Non Approprjafiqq: Provider acknowledges that Count), is governmental entity, and the validity o[this Agreement is based upon the availability of public funding under the authority of its statutory mandate. luthe event that public funds are unavailable and not appropriated Ibr the performance ofCounty's Revised 1/16 2 DocuSign Envelope ID: 38AF1350-3B2C-4641-8BA3-94F55EAC7592 obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written jjotjCc to Provider of the unavailability and non-appropriation of public fluids. [SIGNATURE PAGE TO FOLLOW] Revised 1/16 DocuSign Envelope ID: 38AF1350-3B2C-4641-8BA3-94F55EAC7592 IN WITNESS WHEREOF,County and the Provider Have signed this Agreement,effective as of the day first written above. ORANGE COUNTY PROVIDER DocuSigned by: DocuSigned by: By:26��LA-tt- l�Ot KAt,v By: w v 1' Tltl 136cA19F61Ac4B5... 200 S, Cameron St. David Fletcher P.O. Box 8181 Carolina Em-thscapes, Inc. Hillsborough,NC 27278 Revised 1/16 t� DocuSign Envelope ID: 38AF1350-3B2C-4641-8BA3-94F55EAC7592 0 DATE(MM/DDIYYYYI AC R" CERTIFICATE OF LIABILITY INSURANCE 01/14/2016 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(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 liou of such endorsomont(s). PRODUCER NAME: T Joshua E Matthews Joshua E.Matthews Insurance Agency Inc. Pa c°NEE . (919)598-6800 ac No 2144 Page Rd.Suite 106 a RIE D Dss: Joshua @jmatthewsinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# Durham NC 27703 INSURERA: ERIE INS EXCH 26271 INSURED INSURER B: CAROLINA EARTHSCAPES INC INSURERC: 1841 N Nc Highway 119 INSURERD: _,,_. INSURERE: Mebane NC 27302-9364 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. TN­SR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR I D O POLICY NUMBER MMIDD/YYYY MWDDfYYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 RNTED CLAIMS-MADE �OCCUR PREMISES Eaoccurrrertce $ 1,00,000 MED EXP(Any one person) $ 5,000 A Q28-1121458 04/11/2016 04/1112016 PERSONAL&ADV INJURY $ 1,000,000 GEN L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 �{ POLICY M JECOT []LOC PRODUCTS-COMPIOPAGO $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea acedenl ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED 130DILY INJURY(Per accident) $ AUTOS NON-OWNED PROPERTY DAMAGE $ HIREOAUTOS AUTOS Peraccident S UMBRELLA LIAR HOCCUR EACH OCCURRENCE $ _ EXCESS LIAB CLAIMS-MADE AGGREGATE S DEO I I RETENTIONS $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY X STATUTE Eft ANY PROPRIETORIPARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $ 100,000 A OFRCERIMEMBER EXCLUDED? �Y__. N/A Q96-2200425 12/22/2015 12122/2016 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 if yas,descr be under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS t LOCATIONS i VEHICLES(ACORD lot,Additional Remarks Schedule,may be attached if more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE A130VE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County DEAPR ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 AUTHORIZED REPRESENTATIVE Hillsborough NC 27278 ©'1988-2014 ACORD CORPORATION.All rights reserved. ACORD 26(2014/01) The ACORD name and logo are registered marks of ACORD