Loading...
HomeMy WebLinkAbout2017-709-E AMS - Triangle Landscaping courthouse drainage DocuSign Envelope ID:05BA2CC8-DCB1-4581-96FD-2C19044271D7 [Departmental Use Only] TITLE Rpr DrtHouse Drainage FY 2017/2018 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this October day of 31 st, 202017, ("Effective bate") by and between Orange County,North Carolina, a political subdivision of the State of North Carolina, (the "County'), party of the first part;and Triangle Landscaping Inc(the"Provider"),party of the second part; 'VWITNESSETH: 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,tune being of the essence: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Fix drainage issue behind courthouse. One ton of ABC stone and delivery,one ton of flat Tenn. stone, one yard of top soil and delivery, three bags of gator dust, seed, straw, and labor. i The term of this agreement rendered shall be from 10/27/2017 to 11/27/2.017. 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 One Thousand One Hundred Fifty, ($1,150.00). 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 2117 1 DocuSign Envelope ID:05BA2CC8-DCB1-4581-96FD-2C19044271D7 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http:f,Iwww.orangecountync.gov/departmen_t_slpurchasing 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 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 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 consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article l I and Article 40 of North Carolina General Statute Chapter 66. 8. Priority: 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 state and federal anti-discrimination laws, policies,rules,and regulations and the Change County Non-Discrimination Policy and Orange County Living "Wage Policy (each policy is incorporated herein by reference and may be viewed at hqp://www.or,aiigecouiiiync.gov/departi-nentL/purchasing diyisionlcontracts.plip.). 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 Iimit and does not limit the definition of breach to discrimination. 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. 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. 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 Revised 2117 2 DocuSign Envelope ID:05BA2CC8-DCB1-4581-96FD-2C19044271D7 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 Bands. [SIGNATURE PAGE TO FOLLOW] I i s i i I Revised 2117 3 DocuSign Envelope ID:05BA2CC8-DCB1-4581-96FD-2C19044271D7 IN WITNESS WHEREOF,County and the Provider have signed this Agreement,effective as of the day first written above. srr+r, +.nr 'r�c7 �ocuSignedr nirby: PIZDVII *'"OocuSig'ned-by:�J By. - 0637994B755E477.. By 8CB8054aAB25467... County manager Tltle; ri c�i ucii 200 S. Cameron St. Brad Lewis P.D. Box 8181 PO Box 144 Hillsborough,NC 27278 Stem,NC 27581 Revised 2117 4 DocuSign Envelope ID:05BA2CC8-DCB1-4581-96FD-2C19044271D7 Triangle Landscaping Inc. Estimate PO Box144 Stern,NC 27581 Date Estimate# 10/25/2017 374 Name 1 Address ©range County Asset Management Services 131 West Margaret Lane Hillsborough,NC 27278 Project I Description Q_ y Cost Total Estimate to fix drainage issue behind court house. One ton of ABC stone and delivery 90.00 90.00 One ton of flat Tenn,stone 300.00 300.00 One yard of Top-Soil and delivery 80.00 80.00 Three bags of Gator Dust 120.00 120.00 Seed and straw 20.00 20.00 Labor 540.00 540.00 f f �Z l Total $1,150.00 Customer Signature �t�. DocuSign Envelope ID:05BA2CC8-DCB1-4581-96FD-2C19044271D7 DocuSign Envelope ID:6C87C690-9415.46C1-A92C-B299BAEBD893 (Erie CERTIFICATE OF INSURANCE lnsurance -THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY- IOD Erie Ins.PI. � Erle,PA 16530 CERTIFICATE HOLDER COPY NAME AND NUMBER OF AGENCY [?ATE ISSUED - THE SOAGI INSURANCE AGENCY INC 3J1Q95 02/20/2017 15 CONsuLTANT PL STE 102 NAME AND ADDRESS OF CERTIFICATE HOLDER - IJURHAM, NC 27707-5313 _ 919-682-4814 NAME AND ADDRESS OF NAMED INSURED ORANGE COUNTY TRIANGLE LANDSCAPING INC PO BOX 8181 PO BOX 144 HILLSBOROUGH NC 27278- STEM NC 27581-0144 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. •;.,yyrr •-:;•s;::::�_:t;_rs:._.T: '..ice^-.,�-"^.::::. �$1f�i1CN�..:; .R:F .:. :N lU[ ,A>�;�:• ..s�8.. zy ,::� :��... ;.' r, ..:...._.... ,,, ...,•;...,-."....i. .d 1.T fr;(.ry -- ..; .:. x: :` .,ii'.'.4+ _ t GI- :.?s.,,r ..•w...,....,,n..--`--.�a'�;. ,. ..ts. .. .....................��s. ..,. ,.,,..,_:,,:::.,..�t �7lYE:[t ---. .II�.L7tttlHrtr, ,..> ���ws:- -:rs1.•;. .•:;#r"'#ifii`:;«.,;:.,i .;•_. .:w..x..:..:_......__::v:,,h�.x.r.,zs„n,,.x................. .. ....Ax. :• -.-::::: ,71. „�4-;>?:"::;:- -- GENERAL LIABILITY Q272620479 03/26/2017 03/26/2018 EACH OCCURRENCE $ COMMERCIAL GENERALLIAMLITY 10Q00Q0 _ f-�� r ;t•�f: OCCURRENCE FC}RAn FIRE DAMAGE :'�_::--:: �s GEN'LAGGRERATELIMITAPPLIES $ 1000000(Arty one premises) ;, M PER:POLICY -- 'r':_:?:s»'-: VOLUNTARY PROPERTY DAMAGE MED EXP(Anyone Person) $ 5000 PERSONAL&ADV INJURY S 1000()00 ';','"-," '=�'-;'-''�;�`:=' ss '�r GENERAL AGGREGATE $ z'2000000 <,' PRODUCTS-COMPIOPA $ 2000000 c r €ax ,�s BODILY INJURY th zx ANYAlFft7{OWNEDI H®RED,AUTOMOBILE LAILITY G032630379 03/26/2017 03/26/2018 (EACH PERSON) s �� � y IioDILY INJURY 4 NON-OWNED} (EACH ACCIDENT) $ � > PROPERTY DAMAGE $ BODILY INJURY AND j PROPERTY DAMAGE $ 750000 ..' zJ: z COMBINED EACH OCCURRENCE t:gy $z ............ AGGREGATE WORKERS COMPENSATION Q872600559 03126/2017 03/26/2018 STATUTORYg € 31j rg 3 AND BODILY ACCIDENT $ n EACH ACCIDENT EMPLOYERS LIABILITY INJURY DISEASE $ 600000 POBOY LIMIT BY DISEASE s 100000 EACH EMPLOYEE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CANCELLATION:SHOULD ANY OF THE ABOVE DESCRIBED 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.It 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.FT DOES NOT ERIE INSURANCE AFFIRMATIVELY OR NEGATIVELY LIST,AMEND,EXTEND OR OTHERWISE ALTER THE TERMS,EXCLUSIONS AND CONDITIONS OF INSURANCE COVERAGE CONTAINED IN THE POLIGY(IES)INDICATED ABOVE.THE TERMS SEE REVERSE SIDE 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. AUTHORIZED OF-1500 09112 CIF REPRESENTATIVE ,�, ,,,,,,•