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Home My WebLink About2018-600-E AMS - Sparrow and Sons Whitted sewer repair DocuSign Envelope ID:95724FC4-3213-43D4-8D2C-2A793885F3F8 [Departmental Use Only] TITLE WHSC Sewer Repair FY 2017/2018 ORANGE COUNTY CONTRACT UNDER$1,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 20th day of April, 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 Sparrow & Cons, 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: Whitted Sewer Repair- Technicians unstopped sewer and replaced cleanout lid. The term of this agreement rendered shall be from April 3,2018 to May 2,2018. 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 mariner 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 Ninety Two and Thirty Seven, ($692.37). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terns 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 Revi.wd 10/17 1 DocuSign Envelope ID:95724FC4-3213-43D4-8D2C-2A793885F3F8 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.ggvldepartments/p.urchasing division/contracts.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 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. Indemni : 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 hitp:ll www.orangecountync.gov/depai,tmentsJptirchasing divisionfcontracts.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. 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. I Revised 10117 2 DocuSign Envelope ID:95724FC4-3213-43D4-8D2C-2A793885F3F8 10. Non A . 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] i Revised 10117 3 I i DocuSign Envelope ID:95724FC4-3213-43D4-8D2C-2A793885F3F8 IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the day first written above. ORANr"]` rrnrnvTV PROVWIE Docusigned dy: �ocu5igned by: � �. ,�a�. �pa:rrow 9E88CA40CFG4498... �y 3CE62AEF388F411... l eapal tn1G11t Liu uUtul Title: v i 1 1� rlal i ayc l 200 S,Cameron St, Sparrow&Sons, Inc P.O. Box 8181 305 Weaver Street Hillsborough,NC 27278 Carrhoro,NC 27510 Revised 10/17 4 DocuSign Envelope ID:95724FC4-3213-43D4-8D2C-2A793885F3F8 SPARROW & SONS, INC. I N V Q 1 C E 305 WEAVER STREET CARRBORO,NC 27510 date Invoice# Phone# 919-942-5179 Fax* 919-942-0955 414/2018 130029 Bill To Orange County Asset Management 131 W Margaret Lane Hillsborough, NC 27278 WE THANK YOU FOR YOUR BUSIIWESS! Technician Set-rice Date 1109 BRNH 4/3/2018 qty Description Rate Amount Technicians unstopped server and replaced cleanout lid.Total labor 3 hours Labor(2 Men)first hour 208.75 208.75T 2 Labor(2 men)after that 182.50 365.00T Sewer Machine Use 60.00 60.00 Materials 14.50 14.507 Sales Tax 7.50% 44.12 Plumbing, Contracting and Repairs Please visit our website at www.sparrowplwmbingne.com Total Amount Due $692.37 Payment in full due upon receipt.Finance charges of 2.5% per month added to invoices over 30 days past due. "We accept payment by Check, Visa, Mastercard or Discover, and/or debit card. Anything over$1000.00 will need to be paid by check only." DocuSign Envelope ID:95724FC4-3213-43D4-8D2C-2A793885F3F8 f—Wll OR ID:CR 14C-C3R"` CERTIFICATE OF LIABILITY INSURANCE DA 0411 8/2 01 8 �� 041 sl201 s 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 endorsements). PRODUCER CONTACT High&Rublsh insurance Agency PHHONN Jeffre A.Rubish FAX P.O.Box 3040 1AIC,No,E*I=919-913-1144 AIC,No#:919-913-1155 6015 Farrington Rd.Ste 101 E-M1AIL Chapel Hill,NC 27517 ADDREss.Jeff @highandrubish,eom Jeffrey A.Rubish CUSTOMER le u:Sf'ARRA INSURER(S)AFFORDING COVERAGE _ NAIC N INSURED Sparrow&Sans,Inc. INSURER A:Erie Insurance Exchange 26271 305 Weaver St. INSURER B:Erie Insurance Company 26263 Carrboro,NC 27510 INSURER C: INSURER D: INSURER E: !.SURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN 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. ILTR TYPE OF INSURANCE DD -�R POLICY NUMBER. MMIDDfy y POLICY MA]OIYYYPY --- LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,00 DAMAGE A COMMERCAL GENERAL LIABILITY PREMISES Ea ocwnence $ 1,000,00 _ CLAIMS-MADE FX-1 OCCUR MED EXP(Any one person)I $ --- 5,00 Q370162886 01/01/2018 01101/2019 PERSONAL&ADV INJURY $ 1,000,00 GENERALAGGREGATE 5... - - 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,00 POLICY X PRO- LOC S AUTOMOBILE LIABILITY COMBINED ilJANGLELIMIT S 1,000,00 A X ANY AUTO Q0101444$7 a11a1rz01$ 0110112019 BODILY INJURY(Per person) S ALL.OiMJED AUTOS - "- BODILY INJURY(Per acddent) S SCHEDULEDAUTOS PROPERTY DAMAGE X HIRED AUTOS (PER ACCIDENT) X NOWOWNED AUTOS S S UMBRELLA LIAR X OCCUR EACH OCCURRENCE__ S_ 5,000,00 EXCESS LIAB CLAIMS-MADE AGGREGATE S A Q250171220 01/01/2017 0110112019 -- DEDUCTIBLE _ _ $ X RETENTION $ 10000. $ WORKERS COMPENSATION X NG ITORYtIMIT T iFR AND EMPLOYERS'LIABILITY 13 ANY�f 0855104632 01/0112018 011011201'8 E.L EACH ACCIDENT S 1,000,00 , OFFJCERIMEMSER EXCLUDED? ❑ NIA - -" (Mandatory In NH) E.L.DISEASE.EA EMPLOYEE s 1,000,00 If as,descr be urider DSCRIPTIONOFOPERATIONSbelow E,LDISEASE-POLICY LIMIT S 1,000,00 A Installation Q37-01 52886 01/0112018 01/0/12019 75,00 Floater I deduct 50 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES;Attach ACORD 101,Additional Remarks Schedule,IF more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 8EFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Or nge County WITH THE POLICY PROVISIONS. Hillsborough, NC 27278 j AUTHORIZED REPRESENTATIVE , 1 i Q 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:95724FC4-3213-43D4-8D2C-2A793885F3F8 SPARR-1 PAGE 2 NOTEPAD tNSUSEWS NAME Sparrow&Sons,Inc. OP ID;CR Date 04/18/2018 Primary and non-contributory to any other insurance of the certificate holder. i