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HomeMy WebLinkAbout2018-351-E DEAPR - NW Poole Well Pump Co irrigation repairDocuSign Envelope ID: 7295DAE7 -1 D24- 460B- 843D- 4875267133AA [Departmental Use Only] TITLE NW Poole Well & Pump FY 2019 ORANGE COUN'T'Y CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 10th day of ,iuly, 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 NW Poole Well & Pump Co. (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: Replace 5 electronic probes with electric cable and holder. Check system for proper operation. The term of this agreement rendered shall be from July 10, 2018 to Sept. 10, 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 Two Thousand pour Hundred Eighty Three dollars and Twendy Five cents, ($2,483.25). 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 (Mgr appry A 6118) DocuSign Envelope ID: 7295DAE7 -1 D24- 460B- 843D- 4875267133AA Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http:lfwww.orangecountync.goy /departments /purchasing division(contracts.php). if County's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here NIA (if no additional insurance required mark NIA 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 44 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.,gQv/d epartmentslpurchasing diyisionlcontracts.phn.). 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. If such mediation fails either party may initiate litigation to resolve the dispute. 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 14117 (Mgr appry 5k 6118) 2 DocuSign Envelope ID: 7295DAE7 -1 D24- 460B- 843D- 4875267133AA 10, Non Approplriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding sunder 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. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY DocuSigned by: By: awl gi7Lill a EP611r-FA1D507A495 200 S. Cameron St. P.O. sox 8181 Hillsborough, NC 27278 Revised 10/17 (Mgr appry 5k 6/18) PROVIDER DocuSigned by: By: Title; B93B572EAF1446. Kevin Letchworth, President 3500 Rolesville Rd. Wendell, NC 27591 DocuSign Envelope ID: 7295DAE7 -1 D24- 460B- 843D- 4875267133AA A`� " CERTIFICATE OF LIABILITY INSURANCE GATE (MMIDD1YYYYI 71912018 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(sj, 'PRODUCER Jones Insurance Agency Inc. 8217 Benson Road Garner NC 27529 CONTACT NAME: Heidi Morse PHONE y FAIL • 919 - 772 -0233 ruc No l;919--79 -4025 nd REESS- heldim@iones-(nsurance.com INSURERS AFFORDING COVERAGE NAIC N Y INSURER A: Accident Fund Ins Co of Amer 10166 _ INSURED NWPOOLE -01 L.etco Inc dba N W Poole Well & Pump Co P.O. Box 1958 INSURER B: Selective Insurance Company of the Southeast 39926 INSURER £ CLAIMS-MADE I OCCUR INSURER 0 Wendell NC 27591 INSURER E: INSURER F: 5300,000 COVERAGES CERTIFICATE NUMBER: 866884075 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, EXCLUSIDNS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY Err MMIDO POLICY EXP MMMDIYYYY LIMITS B X COMMERCIAL GENERAL LIABILITY Y 52367053 711=18 71112018 EACH OCCURRENCE $1,000,000 CLAIMS-MADE I OCCUR DAMAGE 70 RENTED PRE SES Ea dCCUtre ce 5300,000 MED EXP (Any one person) $10.000 PERSONAL & ADV INJURY S 1,000,o0D GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,00D,000 POLICY PRO F-] LOC JECT PRODUCTS - COMP /OP AGG S 3.000,000 S OTHER: B AUTOMOBILE LIABILITY Y S23G7053 71112018 711/2019 COMBINED SINGLE. LIMIT Ea ac $ 1,000,00D BODILY INJURY (Per person) $ X ANY AUTO ALLOWPIED SCHEDULE{] AUTOS AUTOS BODILY INJURY (par accident) $ PROPERTY DAMAGE _ accident $ X NON-OWNED HIRED AUTOS AUTOS B X UMBRELLA LIAR X OCCUR 52367053 71112018 71112019 EACH OCCURRENCE 52,000,000 AGGREGATE S EXCESS LIAB CLAIMS -MADE 5 OED I I RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN VVGV6130199 7/112018 71112019 x I STATUTE OERw- ANY PROPRIETORIPARTNERIEXECUTIVE F--1 E-L. EACH ACCIDENT S 590,000 OFFICERIMEMBER EXCLUDED? NIA E.L. DISEASE - EA EMPLOYEd s500,000 (Mandatory In NH) If yes, describe under i7ESCMPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT I 5500,000 B Inslallatlon Floater 82387053 71112018 711/2019 Installation Limit 150,DOO Leased/RenW Equipment Leased/Rented 25.OD0 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) The General Liability policy includes an additional insured endorsement that {provides additional insured status for on ping operations and products and completed operations and a waiver of subrogation endorsement that provides waiver of subrogation status to the certipcate holder and other entities when there is a written "Insured contract" between named insured and certificate holder that requires such status, - The General Liablilty policy contains an endorsement providing primary and non - contributory status when a written "insured contract' requires such status. • The Auto Liability policy includes an additional Insured endorsement that provides additional insured status and a waiver of subrogation endorsement that provides waiver of subrogation status to the certificate holder and other entitles when there is a written "insured contract" between named insured and certificate holder that requires such status. • The Workers Compensation policy Includes a waiver of subrogation endorsement that provides waiver of subrogation status to the certificate holder and other See Attached,.. CERTIFICATE HOLDER CANCELLATION Orange County Parks & Recreation ISO Box 8181 Hillsborough NC 27278 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 13E CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUT ORIZED REPRESENTATIVE r M @ 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101 ) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 7295DAE7 -1 D24- 460B- 843D- 4875267133AA AGENCY CUSTOMER ID: NWPOOLE -01 LOC Ac�iR" ADDITIONAL REMARKS SCHEDULE Page 1 of 1 16-.� AGENCY Jones Insurance Agency Inc. NAMED INSURED Letc© nc dba N W Poole Well & Pump Co P.O. Box 1958 Wendell NC 277591 POLICY NUMBER CARRIER NAIL CODE EFFECTIVE DATE: ALJLJI l IUNAL. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABtLrFY INSURANCE there Is a written "insured contract' between named insured and certificate holder that requires such status. follow form and extends over listed liability policies. ACORD 101 (2408101) U 2008 ACORD GURPURA T-KJN. All rlgnts reserves. The ACORD name and logo are registered marks of ACORD