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Home My WebLink About2016-271-E DEAPR - JV Brockwell Trucking to replenish playground safety surfacing 000wSWn Envelope ID:0r8A1513-C801-48 000AE0 [Departmental Use Only] TITLE Safety surfacing install FY 2016 ORANGE COUNTY CONTRACT UNDER$15,000,00 NORTH CAROLINA THIS /kGREi]KMEN1[, nande and entered into this 23rd day of June, 2010, ("Effective Duim`) by and between Orange County, North Cnoz|inn' n po|ihno| subdivision of the State ofNorth CuowUno, (the "County"), party of the first part;and JV Brockwell Trucking(the"Provider"), party of the second pail; WDTPYEGSE7[H: For the purpose and subject to th# tero)o and conditions hereinafter set forth, the County hnoo6v uon1ruo1x for the set-vices of the Provider, and the Provider agrees to provide the 0o||wvvh/g services to the County io accordance with the terms o[this Agreement, time being ofthe essence.- The services and/or mutmrin|y (liwosinoUe/' referred to oo8moilvo|y as "@mrvlcmm^) to be 0mu/ixhcd under this Agreement are as follows: 8z/oovc omu|ob bnu) parks operations base. Provide and inm0o|\ 100 yards nf playground safety surfacing nt Central and Fairview playgrounds. The{rnnof this agreement rendered shoUbo from May 23' 2O]6tm June]O` 20|6. Provider represents and agrees that Provider imquuiificd to perform and fh||y capable of performing and providing the nnrvinmm omuoircd or necessary under this Agreement in u fit/Uy competent, professional and dmuciy nnuoue, to the satisfaction of the County. Provider mbn|) be responsible for all cromo or unnimsioum` ill the por[bronnxce of the Agreement. Provider shall correct any and all onmrn' omissions, dioopnponoics` ambiguities, mistakes or conflicts mtoo additional cost hothe County. Provider agrees that Provider shall not sub-contract any of the m#n/icmo to be provided in this /\grsmo)cn{' nor ahnU Provider nanigu any right or responsibility granted or required by this Agreement,without the prior written approval of the Count),. SPECIFIC TERMS L Paymen : The County agrees to pay at the rates specified for Services satisfactorily pofbnned in accord with this Agreu/oon<. The m000nt to be paid by the County mhmU not exceed two thousand, #kshL hundred dollars, ($2,800.). Payment shall be mumdnv/ithin thirty (30) days nyail invoice properly submitted N County. Should Provider fail to perform its ditties under the termmofthis County may,without fault or penalty, withhold any payment namocia1edrvithdhmnmdkk» bupedhnnmduxd| such ti/ncmo said work is completed. 2. : 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 sarne, nor shall an), 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: The Pomvideroba(| operate as an independent contractor and the [000tyohnU not be responsible for any o[the Providers acts oroonimmionm. The Provider shall not be treated as an employee with oopmz1 10 the Services perb`unod hereunder for federal or state tax, unemployment or nxo/kem' compeumudwupurpomem. The Provider nodersbods that neither federal, nor state, not- Payroll tax of any kind ohnU km withheld orpaid hv the County on behalf of the Provider or the employees of the Provider. 4. Insurance: Provider mbuU obtain, at its sole expense, Commercial (}enenu| Liability Inm|ooacc, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance am |noy be required by County's Risk Manager ossuch insurance requirements are dcuod6ed in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is Revised mh 000wSWn Envelope ID:0r8A1513-C801-48 000AE0 incorporated herein by reference and may be viewed at . If County's Risk &8moe8mr de<onninom additional insurance coverage is required o/oh additional insurance ubaU um)mio{ oyo/u (if no additional insurance required /oa6c N/A as being not mpp|icnbk). Provider s`u|| not continence 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, indemnity, and hold 6mnn|omm Onzogc County from all |ommeo` liabilities, oluinmm, dmmmuudo^ suits, costs, devnngea or maponuos (including reumuuubie attorney's fees) arising 8om 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 pod of the Provider' its agents, or assigns directly or indirectly oo|o<ed to the Services to be przfbnmed pursuant k)this Agreement ou the pail of the Provider, (i This /\8rmmo)mn< may be terminated ut any time hvn>utuo| written agreement of the pat-ties o, hv the County upon written notice tothe Provider. County may suspend this Agreement upon n:oxooub|e notice hmthe Provider. 7. Entire Agreement and Signatures: The patties have read this Agreement and uAr#c to be bound by all of its 1eonm` and 8mrdher agree that it conadLu0ox the complete and exclusive statement of tile Agreement between the parties un|mau and until modified in writing and signed by the patties. This /\grnmnoot together with any amendments or noodifioo]ioon may be executed electronically. All electronic uiQnuiumo uO8xud bcn:\o evidence the intent of the Pat-ties to nmnpiy with A}1idu | |/\ and A/1in(o 40 of North Carolina General Statute Chapter 66. 8. Priorit : In determining the humio set-vices to be provided, dmuN any documents be referenced in or attached to this Agreement, the terms ofthis /\mnemnon1 m|nm|\ have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Both podimm agree that this AgrcmnmU mhwU be governed by the |mwa of the State of North C#ro|inn. Provider shall at all dozus rummain in compliance with all applicable |oou|' state, and fbdocu| |uwm` u/|cm, and regulations including but not limited to all nnil-diaori/o{uuhou laws. By executing this Agreement Provider affirms that Provider is and slim|| remain in compliance with /\rt1o|o 2ofChapter 64 of the North Carolina General Statutes. 10. Dispute Resolution: Any and all suits oractions to culhrcs` iu(m,p/ot, or seek damages with respect io any provision o[ or the performance or non-performance of, this Agreement xhu|| be brought in the General Court of Justice of Notili Carolina sitting in Orange County, North Carolina. |iio agreed hvthe pmiioa that no other court uhxH have jurisdiction or venue with respect to such suits or ooiionm. Binding odbi(nadoo may not be initiated 6v either Party, however, (hmPodien may agree to nonbinding mediation of any dispute prior 10 the bringing of such suit oraction. {} : Provider acknowledges that County is &mvcnnnmmuia| eudh/, and the validity of this Agreement isbased upon the availability of public ftinding 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 autoniatically expire without penalty to County immediately upon written notice to Provider of the unavailability and tion-appropriation of public fitinds. [SIGNATURE PAGE TO FOLLOW] nwi`,d06 DocuSign Envelope ID:679A1513-C801-4852-9D94-A46AADDBBAE6 IN WITNESS WHEREOF,County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE COUNTY PROVIDER By: F� cuSigned by: °°-DocuSigned by: 6'vuvutt, RMKAt YS By: C g6 aMgQF7... Title: �ss7722245744c6_. 200 S.Cameron St. Chuck Smith P.O. Box 8181 Hillsborough,NC 27278 Revised 1/16 DocuSign Envelope ID:679A1513-C801-4852-9D94-A46AADDBBAE6 NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY, INC. CERTIFICATE OF LIABILITY 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 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). INSURED Linda B Roberts CERTIFICATE Department of Environment NAME AND DBA J V Brockwell HOLDER Agriculture, Parks and Recrtion ADDRESS 8821 Old NC 86 6823 Mlllhouse Rd Chapel Hill NC 27516 Chapel Hill NC 27516 COVERAGES 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. X TYPE OF INSURANCE ADDLSUSR POLIGYNUMBER POLDIC EF "P, NU CYEX LIMITS ^ ® COMMERCIAL GENERAL LIABILITY GL 0522126 4/5/2016 4/5/2017 GENERAL AGGREGATE s2,000,000 OCCURRENCE PRODUCTS-COMPIOPS AGGREGATE $2,000,000 GEN'L AGGREGATE APPLIES PER POLICY PERSONAL&ADV INJURY $1,000,000 EACH OCCURRENCE _ $1,000,000 DAMAGE TO RENTED $1OO,fl00 Us Occurcer"j MED EXP(Any one person) $5,000 ❑ BuslNESSOwNERs EACH OCCURRENCE $ AGGREGATE $ COMBINED SINGLEWAn' $,0{30,000 AUTOMOBILE LIABILITY (EachaWdent) ® BAP 2193218 412012016 10/2012016 130DILYINJURY(Perperson) SCHEDULED AUTOS $ ❑ HIRED AUTOS BODILY INJURY(Per aceldent) $ Q NON-OWNED AUTOS -1Pa7 DAMAGE $ ❑ GARAGE LIABILITY ❑ (Other) El LIABILITY_ EACH OCCURRENCE $ 1 OCCURRENCE AGGREGATE $ I WCSTATUTORYi NIIrS I ❑ WORKERS COMPENSATION NIA AND EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ POLICY APPLIES TOTHE WORKERS E.L.DISEASE-EAEMPLOYEE $ 3 COMPENSATION LAW IN THE STATE OF NO E.L.DISEASE-POLICY LIMIT $ OTHER: DESCRIPTION OF OPERATIONS 1 LOCATIONS!VEHICLES: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED AUTHORIZED REPRESENTATIVE t BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE Robbie Norris DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. DATE 5/20(2016 Col 0910