HomeMy WebLinkAbout2017-733-E AMS - Hillsborough Plumbing CGCC toilets DocuSign Envelope ID:8FE8324A-1 D38-4527-981 D-AB69DEC1 ED82
[Departmental Use Only]
TITLE Cedar Grove Toilets
FY 16M 7
ORANGE COUNTY
CONTRACT UNDER$15,000.00
NORTH CAROLINA
THIS AGREEMENT,made and entered into this 1st day of June, 2017, {"Effective Date") by and
between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the
"County"), party of the first part; and Hillsborough Plumbing CO., 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: Replace existing toilets with new Kohler pressure assist models.
Fixtures will be installed at existing waste and water rough-in locations with no changes made.(See attached
proposal)
The term of this agreement rendered shall be from 6/1/2017 to 7/30/2017,
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 ent: 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 Three
Thousand Three Hundred Forty Five and Fifty Cents,($3,345.50). 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
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DocuSign Envelope ID:8FE8324A-1 D38-4527-981 D-AB69DEC1 ED82
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
incorporated herein by reference and may be viewed at
http.1/www.orangecountync.govldepartments/purchasing divisionlcontracts.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.
S. 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 11A and Article 40 of North Carolina General Statute Chapter 6+6.
8. Priori : 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.orangepouptync.kgv/departments/purchasing division/contracts.phy.). 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. 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.
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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
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 fiords.
[SIGNATURE PAGE TO FOLLOW]
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DocuSign Envelope ID:8FE8324A-1 D38-4527-981 D-AB69DEC1 ED82
IN WITNESS WHEREOF,County and the Provider have signed this Agreement,effective as of
the day first written above.
011t1�6,
- ocu5igned by� ._._a PIt(I".,,, 1) cus oigned by:
By' 379946755E477... By:—1K076&QF5CBED740F._,
Coualty Manages` Title: vice President
200 S. Cameron St. Hillsborough Plumbing Co.,INC
P.O.Box 8181 1020 Hwy,57 N
Hillsborough,NC 27278 Hillsborough,NC 27278
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DocuSign Envelope ID:8FE8324A-1 D38-4527-981 D-AB69DEC1 ED82
HILLSBOROUGH PLUMBING CO., INC.
1020 Hwy. 57 N.
Hillsborough, NC 27278 PROPOSAL
N.C. PLUMBERS LIC. #30516
PHONE: (919)732-4506
FAX: (919)732-5804
June 1,2017
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TO: Orange County ATTN:Paul SorrreIl
JOB NAME/LOCATION: Orange County Northern Human Services Center
We hereby submit estimates for:
Replace existing toilets with new Kohler pressure assist models. Fixtures will be installed at existing waste and
water rough-in locations with no changes made. Site visit will be required to verify rough-in dimensions before
new toilet can be ordered.
4—Standard Height Toilets
2—ADA Height Toilets
Notes:
• No Electrical
• No Gas
• No patching or painting of floors,ceilings,walls or doors
• No floor scanning
• Sawcutting and removal of concrete is not included.
• No rock excavation
• All work shall be performed during normal working hours
We Propose hereby to furnish material and labor-complete in accordance with the above specifications,for
the sum of: $3,345.50
Payment to be.made as follows: Upon Completion
I
Pricing valid 30 days from date of proposal.
Acceptance of Proposal—The above prices,specifications and conditions/are sa s dcto }��nd are hereby
accepted. You are authorized to do the work as specified. Payment will/be to as ' tlir ed above.
DATE OF ACCEPTANCE: ' SIGNATURE:
DocuSign Envelope ID:8FE8324A-1 D38-4527-981 D-AB69DEC1 ED82
J�C RL7® DATE(MWDDIYYYYI
CERTIFICATE OF LIABILITY INSURANCE 5/11/2017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE NOES 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 s.
PRODUCER CONTACT
NAME:
Colonial Insurance Agency Hillsborough PHONE 4919)732-2191 FAXAfCNo (919)732-2192
-MAIL _..---
ADDRESS:
PO Sox 490 INSURE S AFFORDING COVERAGE NAIC N
HILLSBOROUGH NC 27278 INSURERA:Owners 32700
INSURED
INSURER B;
Hillsborough Plumbing Company Inc INSURERC.
1.020 Na Highway 57 INSURERD.*
INSURER E:
Hillsborough NC 27278-8987 INSURERF:
COVERAGES CERTIFICATE NUMBER:CL1751102196 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,
EXCLUSIONS AND CONDITIONS OF SUCH POLI LIES.LIMITS SHOWN MAY HAVE BEEN REDO GED BY PAID CLAIMS,
INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS
LTR POLICY NUMBER MWDD MWDDIYYYY
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
A CLAIMS-MADE I n l OCCUR DAMAGE TORENTED 300,000
PREMISES Ea occunrenoaj
X 35201246 5/14/2017 5/14/2010 MEDEXP(Any oneperson) $ 10,000
PERSONAL&ADV INJURY $ 1,000,000
GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 21000,000
X POLICY❑PRO- ❑ ,000,000
2
JECT LOC PRODUCTS-COMPIDPAGG $
OTHER: Premfsesloperabons- --- $
CO M BINE INGLE LIMIT
AUTOMOBILE LIABILITYD $ 1,000,000
_[Ea aCCtdentl ...-_.-_--
A X ANY AUTO BODILY INJURY(Per person) $
ALLOYNNED SCHEDULED 4725694701 5/14/2017 5/14/2018 BODILY INJURY(Peraccident) $
AUTOS AUTOS _
NON.OVMEO ROPERTYPer soddent AMAGE $ .
HIRED AUTOS AUTOS
UMnsured/Underinsured $ 1,000,000
X UMBRELLA LIAR HOCCUR EACH OCCURRENCE $ .5,000,000
A EXCESSLIAB CLAIMS-MADE AGGREGATE $ 5,000,000
DED X RETENTIONS 10 000 4725694700 5/14/2017 5/14/2018 $
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS'LIABILITY YIN STATUTE ER
ANY PROPRIETORIPARTNEWEXECUTNE E.L.EACH ACCIDENT _ $ _ 1,000,000
A OFFICEFUMEMBER EXCLUDED? N I A
(Mandatory In NH) 35041871 5/14/2017 5/14/2018 E.L.DISEASE-EA EMPLOYE $ 1,000,000
r yes,describe under
DESCRIPTION OF OPERATIONS belowE.L.DISEASE-POLICY LIMIT $ 1,000,000
A Leased & Rented 35203246 5/14/2017 5/14/2018 Limit 50,000
Equipment Deduchble 1,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additlonal Remarks Schedule,may be atlaehed it more space is required)
Certificate Holder is additional insured with ]respects to General Liability by signed written contract
before a loss.
CERTIFICATE BOLDER CANCELLATION
areinert@orangecountync.go
SHOULD ANY OF THI-ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
PO Box 8181 ACCORDANCE WITH THE POLICY PROVISIONS.
Hillsborough, NC 27278
AUTHORIZED REPRESENTATIVE
CARLA MOORS/CARER
01988-2014 ACORD CORPORATION. All rights reserved.
ACORD 26(2014101) The ACORD name and logo are registered marks of ACORD
INS625 r�nlaml