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Home My WebLink About2016-161-E AMS - Triangle Landscaping, Inc. to install vents at 129 E. King St. DocuSign Envelope ID: 117C8E54-10CE-4683-B69A-59C65B9D939B NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 18th day of February, 2016 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 AND MAXIMUM AMOUNT PAYABLE Beginning and ending dates of contract: January 29, 2016 through February 29, 2016. The Project Commencement Date shall be January 29, 2016. Dollar Amount Not to Exceed: ten thousand, one hundred fifty five dollars and fifty cents ($10,155.50) 2. SERVICES Contractor agrees to provide the following construction services (the "Work"): labor to install foundation vents, cut walls and install at 129 E King Street,per provided Invoice 102123-268. Contractor shall not sub-contract all or any part of the construction 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. 3. 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. 4. 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 Revised 1/16 1 DocuSign Envelope ID: 117C8E54-10CE-4683-B69A-59C65B9D939B 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. 5. SUSPENSION AND 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. Owner may suspend the Work at any time for Owner's convenience and without penalty to Owner upon three (3) days' notice to Contractor. Upon any suspension by Owner Contractor shall discontinue the Work and shall not resume the Work until notified to proceed by Owner. The notice required by this section or any other 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. Such notice is deemed given upon its delivery to, or deposit in a receptacle of, the United States Post Office. 6. 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 htip://www.oran ecounWc. ov/departments/Turchasing_division/contracts.php). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here (if no additional insurance required mark N/A as being not applicable). Contractor shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 7. INDEMNIFICATION Contractor agrees to defend, indemnify, save, and protect Owner and Owner's lender, if any, 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 full extent permitted under North Carolina law. 8. 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. 9. NON—APPROPRIATION 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 Revised 1/16 2 DocuSign Envelope ID: 117C8E54-10CE-4683-B69A-59C65B9D939B 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 funds. 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 and/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. 10. DISPUTE RESOLUTION Any dispute with respect to any provision of, or the performance or non-performance of, this Agreement shall be subject to the Dispute Resolution Rules and Procedures for Orange County Design, Building Construction, Renovation, and Repair Projects which rules and procedures are incorporated herein. 11. ENTIRE AGREEMENT The parties have read this Agreement and agree to be bound by all of its terms, and further 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. 12. 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. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 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 1 I and Article 40 of North Carolina General Statute Chapter 66. [SIGNATURE PAGE TO FOLLOW] Revised 1/16 3 DocuSign Envelope ID: 117C8E54-10CE-4683-B69A-59C65B9D939B 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 By F�ocuSigned by: DocuSigned by: 6 in E477 �t VS�t By Countymanager Triang ff?ffiff 6 ing, Inc. 200 S. Cameron St. PO Box 144 P.O. Box 8181 Stem,NC 27581 Hillsborough,NC 27278 Revised 1/16 4 DocuSign Envelope ID: 117C8E54-10CE-4683-B69A-59C65B9D939B Triangle Landscaping Inc. Proposal /invoice PO Box 144 Stem, NC 27581 Proposal#: 102123-269 Invoice#: 102123-269 Invoice Date: 2/7/2016 Due Date: 2/7/2016 Bill To: Project: Orange County Asset Management Services P.O. Number: 131 West Margaret Lane Hillsborough,NC 27278 Description Proposal Amount Prior Amount Current Amount 129 King St. (installation of foundation vents and drainage) Installation of vents 4,800.00 Well vents 828.00 Materials to install well vents (7 tubes of silicon, screws 90.00 and anchors) 57 stone for drainage 800.00 100 ft of corrugated pipe and end caps 75.00 One bucket of Hydraulic Cement 20.00 Dimple Board, Brushes, and EcoLiner 300.00 Labor to install well vents, apply ecoliner, and install 3,242.50 drainage. (This includes laborers and equipment) Total $10,155.50 Payments/Credits $0.00 Balance Due $10,155.50 DocuSign Envelope ID: 117C8E54-10CE-4683-B69A-59C65B9D939B DocuSign Envelope ID:B9A906BO-9DD2-4524-9A82-04C276B8A99E �.^�..-��7^r�•��-^�A�i.l..—��`I`LJ OP ID :LH D (MMIDO/YYYY)CERTIFICATE OF LIABILITY INSURANCE F05/16/2015 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(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: 919-6824814 NAME: 'r Lee Hammond The Consulltant Piaco 5uito 102 Fax:919-6824906 PHONE o_Ext);919-682-4814 FAX 919-682-4906 Durham,NC 27707 E-MAIL _. __ talc xo):_, _______ noDRESS�.,lee sor!insurance cam James E.Sorgi,CIC PRODUCER ---- -- — -- - CUSTOMER ID#:TRIALAN NAIC# INSURED Triangle Landscaping Inc, INSURERA:ErieInsuranceExchange 26271 Brad Lewis dba INSURERB; 3582 Fletchers Way _.._.._,. — ------.____-- Stem,NC 27581 INSURER C: INSURER D: - INSURER E: ? INSURER F; I 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. ILT, TYPE OF INSURANCE AD POLICY SUB MIDDr EFF POLICY EXP Limits L POLICY NUMBER MM D D GENERAL LIABILITY EACH OCCURRENCE l S 1,000,00 OANKGETO RIENTEIS X _�_ COMMERCIAL GENERALLL�IABILITY X 02726204479 03/26/2015 03126/2016 PR[MISESjEaaxurrancaL_, S --- CLAIMS•MACE it(OCCL9 MEO EXP(Any one Person) S PERSONAL B ADV INJURY S 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS,COMP1OP AGG $ 2,000,00 POLICY P 0 LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea atrident) - $ 750,00 A ANY AUTO Q032630379 03/26/2015 03/26/2016 - —-------- BODILY INJURY(Per person) $ ALLOWNEDAVTOS `-- --- -- BODILYINJURY(Peraoadent) S X SCHEDULEDAUTp5 PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) --_i NON-OWNED AUTOS S $ UMBRELLA LIAR OCGUi? ! EACH OCCURRENCE _S EXCESS UAB i CWMS-MADE ` AGGREGATE S DEDUCTIBLE _ ��- RETENTION S 3 S i WORKERS COMPENSATION £ WC STATU OTH AND EMPLOYERS'UABIUTY l X TO1 L�- ---- -— X �ANY PROPRIETOWPARTNERIFXECUTIVEYa NIA 0872600559 03/26/2016 03/26120161EL.EACHALC'OENT S 100,00 1 OFFICER,MEMBEft EXCLUDED? (Mandatory in NH) I E L DISEASE•EA EMPLOYEEi S 100,00 It yyes,de;v bounder DESCft1PTI0NOFOPERATIONSbnIaH l i EL DISEASE-POLICY LIMIT 1$ 500,00 A Contractor's equip 0272620479 03/26/2016 03/26/2016!!Equipment 92,30 I � I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more spice is required) Orange County is an additional insured as respects general liability arising from the insured's operations, as required by written contract, per form ULRH. 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. PO Box 8181 Hillsborough,NC 27278 AU THORIZED REPRESEN TAnVE O 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 117C8E54-10CE-4683-B69A-59C65B9D939B DocuSign Envelope ID:B9A906B0-9DD2-4524-9A82-04C276B8A99E C ONIMI:RCIAL GENERAL LIABILITY FIVESTAR CONTRACTORS j ULTRAFLEX PACKAGE Ibz UL-RH (Ed, x 105) OF=31x86 ERIE INSURANCE GROUP ERIE, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ iT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES, OR CONTRACTORS AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU this endorsement modifies insurance provided under the laUowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 1i - Who Is An Insured is amended to 1. "Bodily injury "pruperty damage" or "personal include as an additional insured any person or organ- and advertising injury" arising out of the ten- i7ation for whom you are performing operations dering of, or the failure to render, any proles- whGn you and such person or organization have sionai architectural, engineering or surveying agreed in writing in a contract or agreement that services, including: such person or organization be added as an addi- a. p1e preparing approving, or failing to tional insured on your policy, Such person or re arc or approve, maps, shot dra�vinbs organization is an additional insured only with R p f p p• I drawings, respect to liability for "bodily injury", "property, opinions, reports, sur%vys, field order,,;, damage", or 'personal and advertising n�iur} caused change orders or drawings and specifications; in whole or in part. by: or b. Supervisory, inspection, architectural or I. Your acts or Qmissions; or engineering activities, 2, The acts or omissions of those acting on your behalf 2. "Bodily injun=" or "property damage" occurring aver; ill the pert'onnrrnct of your ongoing oixtations 161 a, All work, including materials, parts or equip- the additional htsured' ment furnished in connection with such A person's or oreanization's status as an additional work, on tite project (other than service, inenrod under this endor-winent ends when your maintenance or repairs) to he performed by operations for that additional insured are completed. or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 13. With respect to the insurance afforded to these b, `i'liat portion of "your work" out of which additional insureds, the following additional exclu- the injury° or damage arises has been put to sions apply: its intcndvd use by any person or organiza- 2. rNellosions tion other than another contractor or Sub- contractor elugaged in performing, operations 'Iliis insurance does not apply to: for a principal as a part of the same project. 1