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Home My WebLink About2016-285-E Planning - Paul L. Wilkerson Jr. Grading Company - sewer easement, grading and repair DocuSign Envelope ID:094C147D-86BF-4209-9925-2A2FCCACE30D [Departmental Use Only] TITLE Sewer Easement Repair FY 2016 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 13th day of May, 2016, ("Effective Date") by and between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the "County"), party of the first part; and Paul L. Wilkerson Jr. Grading Company (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: Re-establishing drainage and filling settled areas along the sewer line which runs through Graham Mobile Home Park, as described in the attached Project Description and Estimate,hereby incorporated by reference. The term of this agreement rendered shall be from May 13, 2016 to June 30, 2016. 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 I. 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 Two thousand one hundred fifty dollars, ($2,150). 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 Revised 1/16 1 DocuSign Envelope ID:094C147D-86BF-4209-9925-2A2FCCACE30D be required by County'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 http://www.orangecountync.gov/departments/purchasing division/contracts.php). If County'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 County'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, its agents, or assigns directly or indirectly related to the Services to be performed pursuant to this Agreement 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. County may suspend this Agreement upon reasonable notice to the Provider. 7. Entire Agreement and Signatures: 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 1y: In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms of this Agreement shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of 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. By executing this Agreement Provider affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 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 1/16 2 DocuSign Envelope ID:094C147D-86BF-4209-9925-2A2FCCACE30D IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER L—"'WfrL4'MNftffger gned by: DocuSigned by: By ic, RMKALYSbc By Paul, %-(ku'�6w Tltl . MMT1*094304A6... 200 S. Cameron St. Paul L. Wilkerson,Jr. Grading Company P.O. Box 8181 4600 Brock Drive Hillsborough,NC 27278 Hurdle Mills,NC 27541 Revised 1/16 3 DocuSign Envelope ID:094C147D-86BF-4209-9925-2A2FCCACE30D EFLAND SEWER OUTFALL REPAIR Location: Graham Outfall, Graham's Mobile Home Park Driveway, off of US 70 in Efland Issue: Water is not staying in ditch as it runs down the road. As it jumps across the driveway at the bottom of the hill, the water is cutting into the driveway. Other portions of the drive have settled somewhat and are holding water. Scope of Work: Contractor will grade the western ditch along the driveway to standardize the ditch cross section so that it will consistently carry water. Ditch at curve needs to be able to carry water from an average storm around the corner rather than water flowing across the road. At three low spots in the driveway, ABC material will be brought in to raise the low spots to match the existing grade. After the ditch has been graded, the Contractor will stabilize the new ditch profile by seeding and installing a biodegradable roll-type matting to protect the seed and hold it in place until it is established. It will be the Contractor's responsibility to call NC811 to have underground utilities marked. Contractor will pothole or otherwise field locate all underground utilities and protect these during the project as necessary. It will be the Contractor's responsibility to coordinate the work with the owner of the Mobile Home Park and with the individuals living along the road. Access to driveways must be coordinated ahead of time and under no circumstances shall a driveway be left inaccessible at the end of a work day. Contractor will be responsible for any damage to mailboxes, driveway culverts and other incidental damage which might be caused by Contractor during the project. Any soil material that cannot be used on the project will be disposed of on the Graham property in the location designated by the property owner. DocuSign Envelope ID:094C147D-86BF-4209-9925-2A2FCCACE30D Paul L. Wilkerson Jr. Grading Company Estimate 4600 Brock Drive Number: E242 Hurdle Mills,NC 27541 Date: 4/1/2016 919-732-2579 Bill To: Ship To: Kevin Lindley klindley @orangecountync.gov Orange County Planning & 919-245-2583 Inspections PO Box 8181 PC Number Terms Job Description Amount Roadwork at Graham's Mobile Home Park on Aubrey Graham Lane... Excavator and Dump Truck to Clean Ditches... $450.00 Grader To Smooth... $430.00 3 loads of ABC Stone... $870.00 Seed, Fertilizer, Lime and Netting in Ditches... $400.00 IN $2,150.00 DocuSign Envelope ID:094C147D-86BF-4209-9925-2A2FCCACE30D Paul L Wilkerson Jr Grading Company 4600 Brock Drive Hurdle Mill, NC 27278 919-732-2579 May 9, 2016 Orange County PO Box 8181 Hillsborough,NC 27278 Attn: Kevin Lindley RE: Hourly Wages Dear Sir, I would like to confirm that all Employee's that will Perform Work on this Job are Paid more than$12.76 per hour... Sincerely, Paut L Wilkerson Jr Owner DocuSign Envelope ID:094C147D-86BF-4209-9925-2A2FCCACE30D CERTIFICATE HOLDER'S COPY I Erie CERTIFICATE OF INSURANCE DATE ISSUED(MM/WXYY) 4 Insurance® —THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY— 05/09/16 Home Office • 100 Erie Insurance Place • Erie,Pennsylvania 16530 • 814.870.2000 Toll free 1,800 458.0811 • Fax 814,870.3126 - vvwvv erieinsurance,com NAME AND ADDRESS OF AGENCY AGENT'S NO. 2ha4garMlaml Blvd Services, Inc. C O rRieLlnd mnit Co.RAtHAN u-In CAN Fact_ pl 01 S. I Co.:E pfEkCHAN6 Not A� icab e Durham, NC 27703 e x.F 1 S r 2n A Y. F NF YORK ._-_----- This certificate is Issued for information purposes oniy�and confers -NAME AND ADDRESS OF NAMED INSURED ne right's on the certificate holder. It does net aflirmn'ativaly Or Wilkerson Grading Co no ativel amend,extend,or otherwise alter the terms,exclusions Paul Leroy Wilkerson Jr DBA an conditions of insurance coverage contained in the policy loss Y indicated below„The terms and conditions of the polloy�1 a 318 Rabbit Lane -govern the Insurance coverage as applied to any raven Hillsborough, NC 27278 Ltald.This Limits shown may have been reduced by cairns certificate of insurance do es not consfitnle a.contract he issuing insurer(s), authorized representative or and the certificate hnldnr_ T Is is to certifv that oollcies as indicated by the Policy Number below,are in force for the Named y�Insured�yaIt the time that the Certificate is being issued. L� i�ddJi TYPE OF INSURANCE POLICY NUMBER y FF' l RAFYIeh'i1515'N ,. . LIIMITS 8 GENERAL LIABILITY EACH OCCURRENCE 1 x000 000 COMMERCIAL GENERAL LIABILITY Q32-2500511 08/25/15 08/25/16 FIRE DAMAGE(Any One Fire) .1 000,000 El CLAIMS MADE [0 OCCUR MEDExP Perso 5w000 `] ,, PERSONAL&ADII INJURY 1 n000Y00GW __. -------- GENERALAGGREGATE 2p000,000 61ENTAGGREGATE I 000 POLICYDPROJECTPLI❑ESP : PRODUCTS-CO OEC nMP/ OPAGG 2000 m FJ AUTOMOBILE LIABILITY BODILYINJURY [] "ANYAUTO"(OWNED HIRED, (EACH PERSON) $ NON-OMED) BODILYINJURY ] OWNED —wr nru ArTAUNTL $............_..... �] HIRED PROPERTYDAMAGE $ []NON-OWNED BODILYINJURYAND PROPERTY DAMAGE GARAGE COMBINED f EXCESS LIABILITY _EArHnr_,ruRBFNrE_$_ �]OCCURRENCE _. ... AGGREGATE..... .......... .._- _._.,.. $ []RETENTION $ 6.' WORKERS COMPENSATION & Q92-2500289 08/25/15 08/25/16 STprn7a v EMPLOYERS LIABILITY BODILY ACCIDENT $ 100,000 EACH ACCIDENT INJURY DISEASE $ 500,000 POLICYLIMIT BY DISEASE $ 100,000 EACH EMPLOYEE OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CANCELLATION: SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATETHEREOF,NOTICE WILL BE DELIV- ERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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). NAME AND ADDRESS OF CERTIFICATE HOLDER AUTTIORIdEID REPAESIENTATIVF Orange County PO Box 8181 Hillsborough, NC 27278 E.IG6230 8/1 I