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Home My WebLink About2018-794-E AMS - Brown Bros. Plumbing and Heating OPT sewer DocuSign Envelope ID:7DA08667-E2B1-4977-9635-87E3B742D4AB [Departmental Use Only] os TITLE OPT Sewer FY 2018/2018 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 29th day of November, 2018, ("Effective Date") by and between Grange 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 Brown Brothers Plumbing& Heating 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 and/or construction(hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: OPT Facility-600 Hwy 86 N- .let main line with large jet and used camera in sewer line. The term of this agreement rendered shall be from November 30,2018 to December 31,2018. 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 Six Hundred Ninety Seven and Ninety Five, ($697.95). 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 10117(Mgr appry 5k 6/18) I DocuSign Envelope ID:7DA08667-E2B1-4977-9635-87E3B742D4AB Risk Transfer° Policy and grange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing dlivision/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. 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 find 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 http://www.orangecouniync.gov/departinents/purebasing division/cpntracts.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 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 10117(Mgr appry 5k 6/18) 2 DocuSign Envelope ID:7DA08667-E2B1-4977-9635-87E3B742D4AB 10. Non A pp►'opriation: 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. IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the day first written above. ORANr+r, ruSigne by'. PROVIr►rn 1I1UocuSigned by: Docu5igned by: `r w S Vt ln. jr 0AK81BUB364N�' ... By. 0E88888A77584A0... Departmentuu'ector Title: service Manager 200 S. Cameron St. Brown Brothers Plumbing&Heating Co,Inc P.O. Box 8181 2820 Roxboro Rd-PO Box 1.5668 Hillsborough,NC 27278 Durham,NC 27704 Revised 10/11(Mgr appry 5k 6/18) DocuSign Envelope ID:7DA08667-E2B1-4977-9635-87E3B742D4AB ROWn �9a3 ROTHERS 9NIVOILE 2820 Roxboro Road-PO Box 15668-Durham,NC 2°7704-0668 Telephone (919)220-2554 Fax(919)220-2531 0 A i iNVOICENO mvoa:VAIIE. OC ASSET MANAGEMENT SERVICES ORANIS 8807156 30 11/12/18 PO BOX 8181 JNVOICEIERM5 HILLSBOROUGH NC 27278 # 1]UE UPON RECEIPT JOB NAME Ft LOCATION 600 HWY B6 N, HILLSSOROUGH NC 27278//FRI Orr SEWER LINE CLOGGED - OVER 75FT - CAMERA LINE AFTER CLEARING STOPPAGE//DUSTIN 919-201-6809 DESCRlPT#ON OF WORK Jetted sewer line from Last clean out that is closest to the road. Hit clog around the 80' . Ran camera down line and seems to be a belly in the pipe around the 80-100 foot area. Pipe is ductile iron. EMAIL ACOOPER@ORANGECOUNTXNC.GOV QUANTITY n'€ha t7D PRODUCT DE5CR3PTCDN UNIT PR1 E ANSDIJNT. 1.00 JET MAIM LINE - LARGE JET 466.51 466.51 1.00 CAMERA SEWER LINE 162.75 182.75 Saps Tax @ 7.50% 48.69 Total lavoioe Amount 697.95 SUBTOTAL 649.26 THANK YOU FOR YOUR BUSINESS! SALES TAX 48.69 TOTAL 697,95 LESS PAYMENT'S .00 t + TOTAL AMOUNT DUE 697.95 5-736 DocuSign Envelope ID:7DA08667-E2B1-4977-9635-87E3B742D4AB �11 OF ID. DL p• CERTIFICATE OF LIABILITY INSURANCE DATE 1212712017 1 YJ 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,ARID THE CERTIFICATE BOLDER, 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 pollcies may require an endorsement. A statement on this certificate does not conifer rights to the certificate holder in lieu of such endorsements. PRODUCER CONTACT Tyyson Insurance Services,Inc. HAMS; Kirk Brown 2609 N Duke St Suite 102 Ric°N o Ex .919471-$222 We Nm;918-471-fi607 P.O.Box 15734 E-MAIL Durham,NC 27704- ADDRESS:kbrown@tysoninsurance-coml Diane S.Long C PRQDU STONER CER IQ R:BROWBRO INSURER(S)AFFORDING COVERAGE _ NAIC N INSURED Brown Brothers Plumbing and INSURER A:Builders Premier Insurance Co. 10844 Heating Company INSURER B:Builders Mutual Insurance Co. 10844 2820 N.Roxboro Road INSURER c.Admiral Insurance Co. 44318 Durham,NC 27704 INSURER D:Travelers PropertylCasuaq 36161 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 NTH 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. INSR ADDL BUD POLICY EFF POLICY EXP - LTR TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYY MMIDQ LIMITS GENERAL LIABILITY EACHOCCURRENCE S 11000100 DAMAGE TO RENTE — A X COMMERCIAL GENERAL LIABILITY PCP0000055 09 12/3112017 12/3112018 PREMISES Ea occurs nce $ 300,00 CLAIMS-MADE IXI OCCUR MED EXP(Any One Person) S 10,00 X Contractual flab. - PERSONAL&AOV INJURY S 1,000,00 X Deductible$SOO. GENERAL AGGREGATE $ 2,000,00 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,00fl POLICY X PRO-jEr'TLOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00 A X ANY AUTO PCA0006942 07 12/3112017 12/3112018 (Ea amidont) BODILY INJURY(Per person) $ X ALL OWNED AUTOS UODILY INJURY(Per accfdenl) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (PER ACCIDENT) $ X NON-OWNEDAUTos S X Deductible -0- r - 6 - X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIA$ I B CLAIMS-MAD€ MUB0004308 00 12131120'I7 12/3112018 AGGREGATE - $ 5,000,0'0 dDEDUCTIBLE $ X RETENTION 10,000 $ WORK FRS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY B ANYICERIMEMRFRY ETORIP7ARTNERO7ECUTIVE Y IN NrA CP004435509 12131/2017 12/31/2018 E.L.EACH ACCIDENT $ _1,000,00 (Mandatory in NMI E.L-DISEASE-EA EMPLOYEE S 11000,00 If yes desulbe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,00 C Pollution Liab. FEi-ECC-22903-01 08103121)17 08/0312018 Occ/Aggr. 2,000,00 D Third Parry Crime 106446766 01120/2018 01/20/2019 1100,000 5000.ded DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES(Attach ACORD 1e1,Additional RembrM Schedule,If mrne space Is required) email to;acooperr@orangecountync.gov i CERTIFICATE HOLDER CANCELLATION ORANC07 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange Count THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN g y ACCORDANCE WITH THE POLICY PROVISIONS. P.O.Box 8181 Hillsborough,NC 27278 AUTHDRIZEO REPR£SENTATIV Diane S.Lang 01988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name,and logo are registered marks of ACORD I