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Home My WebLink About2017-712-E AMS - Triangle Landscaping 201 sign installation DocuSign Envelope ID: D32F3141-435E-4058-B272-37763A4F6E82 [Departmental Use Only] TITLE Install signs 501 1=Y 201712018 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this October day of 31 st, 202017, ("Effective Date") by and between Change 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; 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 (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Install signs at 501 W Franklin-Poles to hang signs, bolts and anchor. Labor to install new signs and remove old ones no longer needed. The term of this agreement rendered shall be from 10/27/2017 to 11/27/2017. 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. Pa ment: 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 Three Hundred Twenty,($2,320.00). 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 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is Revised 2117 DocuSign Envelope ID: D32F3141-435E-4058-B272-37763A4F6E82 incorporated herein by reference and may be viewed at http://www.oranpecountync.gov/departments/purchasing 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 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. 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 I IA 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 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.orangecoun nc.gov/departments purchasing divisiQ��lcor�traets.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 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. Dilute 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 na 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 mandate.In the event that public funds are unavailable and not appropriated for the performance of County's Revised 2/17 2 DocuSign Envelope ID: D32F3141-435E-4058-B272-37763A4F6E82 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 FOLLOW1 I I i i i I f Revised 2117 DocuSign Envelope ID: D32F3141-435E-4058-B272-37763A4F6E82 M WITNE,SS WHEREOF,County and the Provider have signed this Agreement,effective as of the day first written above. ORANGT DocuSignedby: PROVIrarR DocuSigned by: �bGUln t�. e YS�R By: O�i3799d6755E477_. By. County Manager Title: lopye giglpfft 200 S.Cameron St. Brad Lewis P.O.Box 8181 PO Box 144 Hillsborough, NC 27278 Stem,NC 27581 i i I Revised 2f l7 4 DocuSign Envelope ID: D32F3141-435E-4058-B272-37763A4F6E82 Triangle Landscaping Inc. Invoice PO Box 144 Stem,NC 27581 Date Invoice# 10/24/2017 123357 Bill To Orange County Asset Management Services 131 West Margaret Lane Hillshorough,NC 27279 P.O.No. Terms Project Description Qty Rate Amount Install Signs at 501 West Franklin St. Poles to hang signs,Bolts and Anchor 540.00 540.00 Labor to install new signs and remove old ones no longer needed. 1,780.00 1,780,00 C� Y I 0 i Total $2,32HO Payments/Credits $0 00 Balance Due $2,320.00 Phone# E-mail 919-730-5267 Triangle]andscapemgmt@gmail.com I DocuSign Envelope ID:D32F3141-435E-4058-B272-37763A4F6E82 DocuSign Envelope ID:6C870690-9415-46Cf-A92C-B299BAEBD893 Erie CERTIFICATE OF INSURANCE .►� Insurancep -THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY-- 100 Erie Ins.PI. - Erte,PA 165:30 CERTIFICATE HOLDER COPY NAME AND NUMBER OF AGENCY DATE ISSUED THE SCIRGI INSURANCE AGENCY INC JJ'1095 02/20/2017 _. 16 CONSULTANT PL STE 102 NAME AND ADDRESS OF CERTIFICATE HOLDER DURHAM, NC 27707-6313 919-682-4814 NAME AND ADDHESS OF NAMED INSURED TRIANGLE LANDSCAPING INC * ORANGE COUNTYPO BOX 8181 PO BOX 144 HILLSBQROUGH NC 27278- STEM NC 27SB1-0144 This is to certify that policies,as indicated by Policy Number befow,are in force for the Named Insured at the time that the certificate is being issued. 3 u {4 $U)3AFt4�3 Yp� rPLPE4 } 1#IEiA;3tsff gl sRtGENERAL � CONIfNE CIALGENILITY ERALLIA8ILITY Q272620479 03126/2017 03/26/2018 EACH OCCURRENCE $ 1Q0000i7 W__ J q ' OCCURRENCE FORM Z rxg FIRE DAMAGE GEN'L AGGREGATE LIMIT APPLIES [Any onoprerr�ses) S 1000000 PER-POLICY VOLUNTARY PROPERTY DAMAGE MED EXP(Anyone pemorr) 5 5000 PERSONALS,ACV INJURY$ GENERAL AGGREGATE $ 2000000 sy PRODUCTS-COMP/CPA $ 2000000 BODILY INJURY : AUTOMOBILE LIABILITY Q032630379 03/26/2017 03/26/2018 (EACH PERS(NJ] iza: }& , ANY AUTO{pWNEb,HIRED, BODILY INJURY0-1 NON-OWNED) EACH ACCIDE .* : PROPERTY DAMAGE PROP ITTYYDAMAGE R S 750000 E;< ' u-`&---'------- s :z .. :. COMBINED ". .. ------ EACHOCCURRENCE AGGREGATE _-- WORKERS COMPENSATION 0872600559 03/26/2017 03/26/2018 STATUTORY V z AND BODILY ACCIDENT S EACH ACCIDENT EMPLOYERS LIABILITY INJURY DISEASE S 5pOQ0� POLICY LIMIT BY N85ASE S 100000 EACH EMPLOYEE DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/F-XCLUSIONS ADDED BY ENDORSEMENTJSPECIAL 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:If the certilicate 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 endarsement(s). THIS CERTIFICATE IS ISSUED FOR INFORMATION PURPOSES ONLY AND ERIE INSURANCE 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 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 UF-1566 09112 CIF REPRESENTATIVE