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Home My WebLink About2019-302-E AMS - Advanced SealCoating Inc Paint Lines WCOB and LibraryRevised 12/18 1 [Departmental Use Only] TITLE Pavement Marking FY 2018-19 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 27th day of May, 2019, (“Effective Date”) by and between Orange 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 Advanced SealCoating, Inc (the "Provider"), party of the second part; W I T N E S S E T H: 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: Provide all materials and labor to paint line stripes and stencils on pavement as per proposal # 1682 dated 5/19/2019 The term of this agreement rendered shall be from May 27, 2019 to June 30, 2019. 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 Fifty Dollars, ($650.00). 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 DocuSign Envelope ID: 321E16A8-FDB9-4A79-AA3C-51D3867DB0E0 Revised 12/18 2 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.gov/departments/purchasing_division/contracts.php). If County’s Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here N/A (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. 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 and 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 11A 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.orangecountync.gov/departments/purchasing_division/contracts.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. DocuSign Envelope ID: 321E16A8-FDB9-4A79-AA3C-51D3867DB0E0 Revised 12/18 3 10. 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 funds. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER By: _________________________ By: _________________________ Department Director Title: ________________________ 200 S. Cameron St. Advanced SealCoating, Inc. P.O. Box 8181 8804 Erinsbrook Drive Hillsborough, NC 27278 Raleigh, NC 27617 DocuSign Envelope ID: 321E16A8-FDB9-4A79-AA3C-51D3867DB0E0 ADVANCED SEALCOATING, INC. Pavement Restoration Specialists 8804 Erinsbrook Drive Phone: 919-844-2257 Raleigh, NC 27617 Fax: 919-844-2257 Proposal#: 1682 Attention: Brennan Bouma Date: May 19, 2019 Job Name: Library Submitted to: Asset Management Job Location: 131 W. Margaret Lane. Hillsboro NC Street Address: 131 W. Margaret Ln. Payment: Net 30 Days City, State, Zip: Hillsboro, NC 27278 This proposal is good for: 30 Days Phone: 245-2625 Details: Striping/Stenciling Advanced Sealcoating, Inc. hereby submits a proposal for the above project as follows: Line stripe 25 spaces and 4 handicap spaces. Stencil 5 directional arrows in front of the library leading to the parking deck with yellow paint and stencil 4 handicap symbols. Paint walkways. Cost is $650.00 ACCEPTANCE: All prices, specification, and conditions as outlined above are accepted. Work is authorized and payment will be made as outlined above. Authorized signature of acceptance: Date: _______________________________________ ________________ DocuSign Envelope ID: 321E16A8-FDB9-4A79-AA3C-51D3867DB0E0 DocuSign Envelope ID:321E16A8-FDB9-4A79-AA3C-51D3867DBOEO Erie CERTIFICATE OF INSURANCE �� lrsuranae -THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY- 1D0 Erie Ins.PI. • Ene,PA 16530 CERTIFICATE HOLDER COPY NAME AND NUMBER OF AGENCY DATE ISSUED 06/05/2018 G SUGGS INSURANCE AGENCY HNC JJ1262 1025 5U4LARD C7 STE 205 NAME AND ADDRESS OF CERTIFICATE HOLDER RALEIGH, NC 27615—$874 919-875-8889 NAME AND ADDRESS OF NAMED INSURED ORANGE COUNTY ADVANCED SEALCOATING INC PO BOX Biel 8804 ERINSBROCK OR HILLSBOROUGH NC 27278— RALEIGH NC 27617-8342 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. F F :-;:;:;•s:•s:.;..;.---;r:-;;,..;..7YR�: SI:iTi $Ff3 :a:::�=:=:=i:=:=iP��:i ': '•;;;•...:...,..... y �-- -:/s•;;;;;;;;;;;;;;;;:4•. L=]EPIRATI iWM•F / .............. GENERAL LIABILITY Q301320797 06/13/2018 06/13/2019 EACH OCCURRENCE $ 1 DQDDDD COMMERCIAL GENERAL L IA BI LITY OCCURRENCE FORM FIRE DAMAGE G EN'L AGGREGATE tJ M IT APPLIES [Any one premisas] 100DDOD PER:PROJECT VOLUNTARY PROPERTY DAMAGE MED EXP[Any one person] S faDOD PERSONAL&ADV INJURY $ "s" :==:>::I:I:I:I:I:I:I:I:I.... 100DDDD GENERAL AGGRE GATE S 2000000 >........... :1:1:1....... .. PRODUCTS-COMPIOP AGG S 2000000 ---- AUTOMOBILE LIABILITY Q060930587 0E10912018 0610912019 BODILY INJURY $ [EACH PERSON] i< >::::>::::::: OWNED BODILY INJURY :1>............III .. (EACH ACCIDENT) S PROPERTY DAMAGE S .....I:I:I:I:I:I:I:I.....=:=> BODILY INJURY AND j PROPERTY DAMAGE S 1000000 C.................... COMBINED EXCESS LIABILITY 0301370134 06/13/2018 06/13/2019 EACH OCCURRENCE 1 D00D0D `' OCCURRENCE FORM AGGREGATE 1000000 WORKERS COMPENSATION 0901300546 06/13/2018 06/13/20 i 9 STATUTORY >:•>.•;��<• AND BODILY ACCIDENT $ 600000 EACH ACCIDENT EMPLOYERS LIABILITY INJURY DISEASE S 500000 POLICY LIMIT BY DISEASE $ 5DDD00 EACH EMPLOYEE I DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL 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 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 ERIE INSURANCE CONFERS 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 REPRESENTATIVE__