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Home My WebLink About2018-059-E AMS - Triangle Landscaping Inc. Exploratory search on new Hwy 70 propertyDocuSign Envelope ID: 3144FB80- 9280 - 4339- 9E5C- D9D2FDD81F90 [Departmental Use Only] TITLE Land Investigation FY 2017 -18 ORANGE COUNTY CONTRACT UNDER $1,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 23rd day of February, 2018, ( "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 Triangle Landscaping, Inc. (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: Exploratory search on property proposed for new Detention Facility and Environment and Ag Center. The term of this agreement rendered shall be from February 23, 2018 to June 30, 2018. 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 Six Hundred Dollars, ($600.00). 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. 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 Revised 10/17 DocuSign Envelope ID: 3144FB80- 9280 - 4339- 9E5C- D9D2FDD81F90 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 be designated here N/A (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, without limitation, 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 I IA 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.oran ec�ouni nc. og v/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 identified, on the list created by the State Treasurer pursuant to G.S. 147 - 86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147 - 86.81. 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 10/17 2 DocuSign Envelope ID: 3144FB80- 9280 - 4339- 9E5C- D9D2FDD81F90 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 10/17 DocuSign Envelope ID: 3144FB80- 9280 - 4339- 9E5C- D9D2FDD81F90 IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY By:[ Department Director 200 S. Cameron St. P.O. Box 8181 Hillsborough, NC 27278 2/24/2018 Revised 10/17 4 PROVIDER ro �: By: _ Title: Pr`es- nt Triangle Landscaping, Inc PO Box 144 Stem, NC 27581 2/15/2018 DocuSign Envelope ID: 3144FB80- 9280 - 4339- 9E5C- D9D2FDD8lF90 Triangle Landscaping Inc. PO Box 144 Stem, NC 27581 Name / Address Orange County Asset Management Services 131 West Margaret Lane Hillsborough,NC 27278 Estimate Date Estimate # 2/15/2018 392 Customer Signature Project Description Qty Cost Total Exploring property at new county jail site Excavator (min of four hours to cover hauling) 120.00 600.00 Total $600.00 Customer Signature DocuSign Envelope ID: 3144FB80- 9280 - 4339- 9E5C- D9D2FDD81F90 Erie CERTIFICATE OF INSURANCE �� I nsurancer - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY - 100 Erie ins. PI. • Erie, PA 16530 CERTIFICATE HOLDER COPY NAME AND NUMBER OF AGENCY THE SORGI INSURANCE AGENCY INC JJ 1095 16 CONSULTANT PL STE 102 DURHAM , NC 27707 -6313 919 -682 -4814 NAME AND ADDRESS OF NAMED INSURED TRIANGLE LANDSCAPING INC PO BOX 144 STEM NC 27581 -0144 DATEISSUED 02/20/2017 NAME AND ADDRESS OF CERTIFICATE HOLDER ORANGE COUNTY PO BOX 8181 HILLSBOROUGH NC 27278— This is to certify that policies, as indicated by Policy Number below, are in force for the Named Insured at the time that the certificate is being issued. GENERAL LIABILITY COMMERCIALGENERAL LIABILITY OCCURRENCE FORM GEN'LAGGREGATE LIMIT APPLIES PER: POLICY VOLUNTARY PROPERTY DAMAGE AUTOMOBILE LIABILITY ANY AUTO (OWNED, HIRED, NON- OWNED) Q272620479 1 03126/2017 1 03/2612018 0032630379 1 03/26/2017 1 03/26/2018 EACH OCCURRENCE J$ 1000000 FIRE DAMAGE (Arty ores premises) $ 1000000 MED EXP (Any orre person) $ 5000 PERSONAL & AD'V INJURY 1$ 1000000 li GENERAL AGGREGATE $ 2000000 PRODUCTS- COOM Plop AGG$ 2000000 BODILY INJURY $ (EACH PERSON) BODILY INJURY $ EACH ACCIDEN PROPERTY DAMAGE $ BODILY INJURY AND PROPERTY DAMAGE $ 750000 COMBINED EACH OCCURRENCE AGGREGATE WORKERS COMPENSATION Q872600559 03/26/2017 03126/2018 STATUTORY s AND BODILY ACCIDENT $ 100000 EACH ACCIDENT EMPLOYERS LIABILITY INJURY DISEASE $ POLICY LIMIT 1 BY DISEASE $ 500000 1 00000 EACH EMPLOYEE DESCRIPTION OF OPERATIONSjLOCATIONS NEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS L;ANL;hLL.A I IVN: bNUULU ANY Ur I Nt AtSUVL DLSCHlbLD POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. IMPORTANT: It the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. II 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). THIS CERTIFICATE IS ISSUED FOR INFORMATION PURPOSES ONLY AND CONFERS NO RIGHTS ON THE CERTIFICATE HOLDER, IT DOES NOT AFFIRMATIVELY OR NEGATIVELY LIST, AMEND, EXTEND OR OTHERWISE ALTER THE TERMS, EXCLUSIONS AND CONDITIONS OF INSURANCE COVERAGE CONTAINED IN THE POLICY(IES) INDICATED ABOVE. THE TERMS AND CONDITIONS OF THE POLICY (IES) GOVERN THE INSURANCE COVERAGE AS APPLIED TO ANY GIVEN 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 PRODUCER AND CERTIFICATE HOLDER. OF -1568 09112 CIF ERIE INSURANCE AUTHORIZED REPRESENTATIVE SEE REVERSE SIDE