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Home My WebLink About2017-159-E Planning - Paul L. Wilkerson, Jr. Grading Company for sewer easement maintenance DocuSign Envelope ID:A034BEFC-1769-4A2A-B443-DC7C17813746 [Departmental Use Only] TITLE Easement Maintenance FY 2016-2017 ORANGE COUNTY CONTRACT UNDER$1,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 11th day of April, 2017, ("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 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 and/or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Fill in and grade potholes and washout areas along the sewer line at the entrance to Aubrey Graham Lane which runs through Graham Mobile Home Park, as described in the attached Project Estimate (Attachment A) and shown in the attached map (Attachment B). Compacted ABC stone provided shall meet current NCDOT specifications. The term of this agreement rendered shall be from April 11, 2017 to June 30, 2017. 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 FOUR HUNDRED AND NINETY FIVE DOLLARS, ($495.00). 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. Revised 2/17 1 DocuSign Envelope ID:A034BEFC-1769-4A2A-B443-DC7C17813746 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 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/contra cts.php). If County'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). 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 in carrying out Provider's duties and obligations related to the Services to be provided in this Agreement. 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 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. Modifications may be evidenced by telefacsimile signature. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Priority: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and 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 state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Non- Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.). Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 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. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. 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. Revised 2/17 2 DocuSign Envelope ID:A034BEFC-1769-4A2A-B443-DC7C17813746 10. 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 2/17 3 DocuSign Envelope ID:A034BEFC-1769-4A2A-B443-DC7C17813746 IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVJDtR DocuSigned by: ocu �gned by: By (Y0 bt,indiGt By wt ,VSbin,, "Off EciTector Title. 2CF9DD6994304A6... 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 2/17 4 DocuSign Envelope ID:A034BEFC-1769-4A2A-B443-DC7C17813746 Attachment A Paul L. Wilkerson Jr. Grading Company Estimate 4600 Brock Drive Number: E332 Hurdle Mills,NC 27541 Date: 3/23/2017 919-732-2579 Bill To: Ship To: Alison Reinert areinert @orangecountync.gov Orange County Planning and Inspections Dept. PO Number Terms Job Aubrey-Graham Lane Description Amount To Fill In Potholes and Washout at Beginning of Aubrey-Graham Lane... ABC Stone and Tractor... $495.00 ®I �� $495.00 DocuSign Envelope ID:AO34BEFC-1769-4A2A-B443-DC7C17813746 ""—chment B Gravel Filling and Grading on Aubrey Graham Lane ! Manhole .-u• Jr Ii. ts 4111111116. t ' , 1-2" Depression, • _ — - - 12 ft long and 3-4 ft wide ,Ire — �- r 1-2" Depression, ' - - 3 ft long and 3-4 ft wide - t N T 1 Ill 2-3" Depression, daft t 10 ft long and 3-4ft wide I� • -e #1- lir W Manhole - _ _ ..dr. Mffill w 70 ___.= a 1 in=20 feet w 0 10 - c cc Feet • cc Orange County Planning and Inspections ,:11 O - Brian Carson(3/29/2017) DocuSign Envelope ID:A034BEFC-1769-4A2A-B443-DC7C17813746 ""—chment B Gravel Filling and Grading on Aubrey Graham Lane Manhole i II I } I — 1-2" Depression, l� 12 ft long and 3-4ft wide lr---:-.2hr— 1 II illlllll r 1-2" Depression, 3 ft long and 3-4 ft - wide j fV°I N) 1 1 1'1611x, alr �L II y�dNr�; I ali. .1111112-3" Depression,r 11r Z p sion, ". 10 t on and 3-4 i wide 0 w Et II COIi III I'llll, Manhole 1 70 w I— l N 1 1 i1� ---� \ 1 in=20 feet IIII II w /I 0 10 J CC Feet 1uw q 'iG, LL ` ge County Planning and Inspections Q ::Illl�pl'. Brian Carson(3/29/2017) II DocuSign Envelope ID:A034BEFC-1769-4A2A-B443-DC7C17813746 CERTIFICATE HOLDER'S COPY °° Erie CERTIFICATE OF INSURANCE DATE ISSUED VMM/D„ Y"'' Insurance® —THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY— 04/05/17 Home Office • 100 Erie Insurance Place • Erie,Pennsylvania 16530 • 814,870,2000 Toll free 1.800.458.0811 • Fax 814 870.3126 • www erieinsurance.com NAME AND ADDRESS OF AGENCY AGENT'S NO. 8°' ._.. 0 V'1IY1 .,4fl 4Y Thaggard Insurance Services, Inc. o ti -ERI .I KY .C�UA COMPANY Co„E f IE I�(SURAN E EXCHANGE (slot Applicable\ 2014 S. Miami Blvd. tree Indemnity co,l Attorney-In-Fact\\\ in NY Durham, NC 27703 .1 S A` -COMP" 8F NE ;:.YORK. .. o; It i h ' .14h 1 EJN"+L This certificate is issued for information purposes only and confers NAME AND ADDRESS OF NAMED INSURED ry no rights on the certificate holder,It does not affirmatively or Wilkerson Grading Co negatively amend,extend,or otherwise alter the terms,exclusions Paul Leroy Wilkerson Jr DBA and conditions of insurance coverage contained in the policy ies Y indicated below. The terms and conditions of the policy(les) 4600 Brock Drive govern the insurance coverage as applied to any given Hurdle Mills, NC 27541 situation. Limits shown may have been reduced by claims paid..This certificate of insurance does not constitute a contract between the issuing insurer(s), authorized representative or p by Policy producer and the certificate holder. This Is to certify that olloles,as indicated b the Polic Number below,are in force for the Named Insured at the time that the Certificate is being issued co met PM EN II w i P Y �� N u ric's e.... TYPE OF INSURANCE POI ICYNITMBER MD & M M1P ... LIMI1 b..... GENERAL LIABILITY EIRE E � OCCURRENCE E ��COMMERCIALGENERALLIABILITY Q32-2500511 08/25/16 08/25/17 DAMAGE(AnnyO e) h 1,000,000 LI CLAIMS MADE ®OCCUR MEDEXP(MyDnePerson) .i$..,_...._... _..5000 PERSONAL&ADV.INJURY $ 1 000,000. GENEFTALAGCREGATE $....,.,.,. 2,O00a000. GMT I7I POLICY AGGREr J PROJECT. PLIESPER PRODUCTS-COMP/OP AGO $ _..... 2,000.000. AUTOMOBILE LIABILIT Y BY INJURY 1.: "ANY AUTO"(OWNED HILE (EACH PERSONI $ J OWNED GUYI I_ J R J HIRED II APIA.WIDENII....._... $ ...... .... PROPERTYDAMAGE 0 NON-OWNED BODILYINJURYAND PROPERTY DAMAGE I_I GARAGE COMBINED $ J_.N EXCESS LIABILITY I EACH OCCURRENCE $ .�... .......... ........... 00 OCCURRENCE AGGREGATE .. .., _ $ .... ., J,__..J RETENTION $ 1 E WORKERS COMPENSATION & Q92-2500280 08/25/16 08/25/17 1 ACCIDENT 100 , •, EMPLOYERS LIABILITY BODILY 100,000 EACH ACCIDENT INJURY DISEASE $ 500,000 POLICY LIMIT BY DISEASE $ 100,000 EACH EMPLOYEE ailOTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ---- CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,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 1 AUIII 'iI/EDREPRESF.NTATIVE Orange County Planning and Inspections Department H PO Box 8181 Hillsborough, NC 27278 EIG6230 8/11 DocuSign Envelope ID:A034BEFC-1769-4A2A-B443-DC7C17813746 NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY, INC. CERTIFICATE ! ILI 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(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). INSURED PAUL L WILKERSON JR CERTIFICATE ORANGE COUNTY GOVERNMENT NAME AND 4600 BROCK DR HOLDER ALLISON RIENERT ADDRESS HURDLE MILLS NC 27541-8280 Stoneham, MA 02180 PO BOX 8181 HILLSBOROUGH, NC 27278 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 ADSDDL SUBR POLICY NUMBER (MM POLICY EFF n (POLICY EXP YY) LIMITS ❑ COMMERCIAL GENERAL LIABILITY GENERAL AGGREGATE $ -OCCURRENCE PRODUCTS-COMP/OPS AGGREGATE $ GEN'L AGGREGATE APPLIES PER POLICY PERSONAL&ADV INJURY $ EACH OCCURRENCE $ DAMAGE TO RENTED $ PREMISES(Ea Occurrence) MED EXP(Any one person) $ ❑ EACH OCCURRENCE $ BUSINESSOWNERS AGGREGATE COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY _ (Each accident) $1,000,000 BAP2005781 12/30/2016 6/30/2017 BODILY INJURY(Per person) $ • SCHEDULED AUTOS ❑ HIRED AUTOS BODILY INJURY(Per accident) $ ❑ NON OWNED AUTOS PROPERTY DAMAGE (Per accident) LI GARAGE LIABILITY ❑ (Other) El EXCESS LIABILITY— EACH OCCURRENCE $ OCCURRENCE AGGREGATE ❑ WORKERS COMPENSATION N/A WC STATUTORY NMITS AND EMPLOYERS'LIABILITY E.L.EACH ACCIDENT POLICY APPLIES TO THE WORKERS E.L.DISEASE-EA EMPLOYEE $ COMPENSATION LAW IN THE STATE OF NC E.L.DISEASE-POLICY LIMIT $ OTHER: Additional insured Orange County Government, PO BOX 8181, Hillsborough NC 27278 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED AUTHORIZED REPRESENTATIVE BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. DATE 4/24/2017 COI 0910