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HomeMy WebLinkAbout2016-741-E AMS - Triangle Landscaping Annex brick replacement DocuSign Envelope ID:22BODOB5-3527-4BC4-9E8E-DACAEEE3FB76 [Departmental Use Only] TITLE Annex Brick Replcmt FY 2016-2017 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 3rd day of August, 2016, ("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 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: This is an estimate to tear down brick retaining walls and rebuild with block and brick at 208 South Cameron Street (Annex Building)This estimate is for the wall to the right if facing back of building. The term of this agreement rendered shall be from August 5,2016 to September 5,2016. 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. P_aymenf: 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 Eight Thousand Four Hundred Fifty, ($8,450.00). 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 6116 1 DocuSign Envelope ID:22BODOB5-3527-4BC4-9E8E-DACAEEE3FB76 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.govZdepartments/purchasing division contracts. h ). 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 whale 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 intent of the Parties to comply with Article 11A 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. I 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 Anti-Discrimination Policy. 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. 11. Non AppLgpriation: 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 6/16 2 DocuSign Envelope ID:22BODOB5-3527-4BC4-9E8E-DACAEEE3FB76 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] Revised 6/16 3 DocuSign Envelope ID:22BODOB5-3527-4BC4-9E8E-DACAEEE3FB76 IN WITNESS WHEREOF,County and the Provider have sighed this Agreement,effective as of the day first written above. ORA TAM-r Qnrrnr-r­ �° rn DocuSigned by: PRO DocuSigned By: by: 1f0Ga7994B755E477.. By.—Gounry manageTitle: President 200 S. Cameron St. Brad Lewis P.O. Box 8181 PO Box 144 Hillsborough,NC 27278 Stem,NC 27581 I { i Revised 6/16 DocuSign Envelope ID:22BODOB5-3527-4BC4-9E8E-DACAEEE3FB76 Triangle Landscaping Inc. Estimate PO Box 144 Stein,NC 27581 Date Estimate# 1011/2013 200 Name I Address Orange County Asset Management Services 131 West Margaret Lane Hillsborough,NC 27278 Project Description Qty Cost Total This is an estimate to tear down brick retaining walls and rebuild with block and brick at 209 South Cameron Street(Annex Building) This estimate is for the wall to the right if facing back of building,if wall to the left is also done which we recommend to match Brick, estimate would be the satne for second, Teas down and Haul away debris(Brick,Mortar,and any other debris 750.00 750.00 behind wall) If Footer is in goad shape we will clean it up and re-use{Assuming their is a Footer) If Footer is not usable we will dig it out haul away and re-pour new 1,300.00 1,300.00 one.This cost would be Rebuild a t2"Wall using 8"Block and 4"Brick(Will drill holes in 2,600.00 2,600.00 existing footer for Vertical Rebar to add strength every 4')32'Long 4'High with Rowlock cap Materials Needed 1,800.00 t,800.00 1200 Brick, 140-8"block, le- 1/2.Eights,2 wall end corners, 15 bags type S Brixment,2 yards of sand,40'Rebar#5, 1-5 gallon bucket of Surelock water proofing Drainage Gravel and Pipe will be put in behind walls.Drainage pipe 1,500.00 1,500.00 will be tied into existing pipe running out by parking lot. Apply new mulch to give a clean finish 250.00 250.00 Level and Seed area back as it was found 250.00 250.00 Taal $8,450.00 Signature may. Phone# Fax# 919-730-5267 919-529-4901 DocuSign Envelope ID:22BODOB5-3527-4BC4-9E8E-DACAEEE3FB76 OP ID:DR CERTIFICATE OF LIABILITY INSURANCE D 04/18120/ YYJ 04118I2016 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. It 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 can this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER Phone:919-682-4814 CONTACT Christine Barnett The Sor i Insurance Agency NAME: 9 9 y PHONE 16 Consultant Place Suite 102 Fax:�1�-682-0906 c a.Exf):915-682-0814 FAX A,e Nal:919-682-0906 Durham,NC 27707 E-MAIL i hrs s - James E.Sorgi,CIC AAOORESS:C @ orgiinsurance.com - PRODUCER - RIA�.AN — C QMER IO#; _ INSURER(S)AFFORDING COVERAGE NAIL# INSURED Triangle Landscaping Inc. INSURER A;Ede Insurance Exchange 26271 Brad Lewis dba - - 3582 Fletchers Way INSURERD: Stern,NC 27581 INSURERC: INSURER D: 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 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. 11 TYPE OF INSURANCE AODL SUB Y POLICY EFF POLICY EJAP - -- — POLICY NUMBER JMM/DDffYYY) (MM1DDTnWJ LIMITS GENERAL LIABILITY EACH OOCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY Q2726204479 0312612016 03/2612017 PREMIsi=S - CLAIMS-MADE I—XI OCCUR MED EXP(Any one person)_ ._ PERSON_AL&ADVINJURY $ 1,000,00 —. GENERALAGGREGATE $ --- 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,00 POLICY PRO- LOC — $" AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A ANY AUTO Q032630379 0312612016 0312612017 (Eaaccidstl) 750,00 ALL OWNED AUTOS BODILY INJURY(Per person) $ BODILY INJURY(Per aoddent) $ X SCHEDULED AUTos HIRED AUTOS PROPERTY DAMAGE $ (Per acddeM NON-OWHEDAUTOS $ UMBRELLALIAR N'C PCCUR EACH OCCURRENCE $ _ EXCESSLlAB--H CLAIMS-MADE AGGREGATE __ $ DEDUCTIBLE $ RETENTION S $ WORKERS COMPENSATION WCSTATU- OTH- AND EMPLOYERS'LIABILITY X T X ANY PROPRIETORWARTNERIEXECUTIVE Y I N Q872600569 03/2612016 03/2612017 E.L.EACH ACCIDENT $ 100,00 OFFICERIMEMBER EXCLUDED? NIA .... (MentWoryinNH) E.L.DISEASE-EAEMPLOYEI $ 100,00 Dyes IPTIOe OF E.L.DISEASE-POLICY LIMIT $ 500,00 I]ESG�RIPTION OF OPERATIONS beiuv A Contractor's equip Q272620479 03126/2016 0312612017 Equipment 122,87 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 1e1,Additional Remarks Schedule,if mare space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE OrOrange COunty THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Or nge BOXCo 1 ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough,NC 27278 AUTHDRFZEDREPRESE}�N.T,}ATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and Logo are registered marks of ACORD