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Home My WebLink About2019-500-E AMS - Wellsmont Landscaping Meadowlands culvert cleaningRevised 12/18 1 [Departmental Use Only] TITLE Culvert Clean FY 19-20 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 22nd day of July, 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 Douglas P. Malinowski, DBA Wellsmont Landscaping (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: Clear inlet pipe as marked in exhibit A - Meadowlands Pond Inlet Pipe Clearing and Demucking, with radius of 25' around inlet pipe and channel to pond 20'x5'. Remove vegetation and sediment in cleared area to allow proper flow into pond per proposal No. 2019-264 dated June 17, 2019 . The term of this agreement rendered shall be from July 22, 2019 to August 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 One Thousand Eighty Dollars, ($1,080.00). 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. DocuSign Envelope ID: 3C0DC991-12E5-46CA-8516-265626390E7B Revised 12/18 2 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 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 DocuSign Envelope ID: 3C0DC991-12E5-46CA-8516-265626390E7B Revised 12/18 3 such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. 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. Douglas P. Malinowski, Sole Proprietor P.O. Box 8181 1005 Dimmocks Mill Rd Hillsborough, NC 27278 Hillsborough, NC 27278 DocuSign Envelope ID: 3C0DC991-12E5-46CA-8516-265626390E7B DocuSign Envelope ID:3CODC991-12E5-46CA-8516-265626390E7B Quote Wellsmont Landscaping 1005 Dimmocks Mill Rd 1vi , Hillsborough, NC 27278 S P I "w919.810.6282 '.l19-810 . 6282 Customer Customer Number OR1 Quote Date June 17, 2019 Orange County Sales Person DPM 131 W. Margret Lane, PO Box 8181 Expiration Date July 17, 2019 Hillsborough, NC 27278 Terms Proposal Name Meadowlands Pond Project Name Proposal Number 2019-264 Version Number 1 SKU Size/ Description Quantity Unit Extended Unit Price Price Clearing Clear inlet pipe as marked in exhibit with radius of 25' 1.00 $1,080.00 $1,080.00 around inlet pipe and channel to pond 20'x5'. Remove vegetation and sediment in cleared area to allow proper flow into pond. Taxable $0.00 Tax Exempt $1,080.00 Tax $0.00 Total $1,080.00 1 1 DocuSi n Envelope ID:3CODC991-12E5-46CA-8516-265626390E7B '± °s3 Meadowlands Pond Limits of Clearing and Demucking (25' radius from culvert outlet with 2O'L x 5'W pilot channel) �+ Legend o End of Inlet Pipe (i.e. culvert outlet) Limits of Clearing and Demucking _ N F 4#- r �� •r. Jf�r - h'h F + rT ' ■ w" O\, AVe*,r . 45k Lf I, •` `1 DocuSign Envelope ID:3CODC991-12E5-46CA-8516-26562639OE7B NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY, INC. CERTIFICATE OF LIABILITY INSURANCE 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:If the certificate holder is an ADDITIONAL INSURED,the policy(ias)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). INSURED DOUG MALINOWSKI JR CERTIFICATE GRANGE COUNTY NAME AND DBA WELLSMONT LANDSCAPING HOLDER PO BOX 8131 ADDRESS 1005 DIMMOCKS MILL RD HILLSBOROUGH NC 27278 HILLSBOROUGH NC 27278 abames@orangecountync.gov COVERAGES 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,TERNS 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, H TYPE OF INSURANCE A D D L IUVBDR. POLICY NUMBER POLICY EFF POLICY EXP LIMITS INSO (MMODWM ® COMMERCIAL GENERAL LIABILITY I GL 0483161 10/17/2018 10/17/2019 GENERAL AGGREGATE $2 000,000 OCCURRENCE I PRODUCTS-COMP/OPS AGGREGATE $0 GEN'L AGGREGATE APPLIES PER POLICY PERSONAL&ADV INJURY $1,000,QDO EACH OCCURRENCE $1,000000 DAMAGE TO RENTED -- $rj100 000 PREMISES a Qrg;gy � I -- MFD EXP(Any one person) $ 000 i EACH OCCURRENCE $ BUSINESSOWNERS AGGREGATE $ COMBINED SINGLE LIMIT $1 000 000 AUTOMOBILE LIABILITY (Each acOdent) ® BAP 2177023 02/24/2019 08/24/2019 _.SCHEDULED AUTOS BODILY INJURY[Per person] $ FIRED AUTOS BODILY INJURY[Per accident] $ ❑ NON-OWNED AUTOS PROPERTYDAMkGE $ I Per accidents ❑ GARAGE LIABILITY I (Other) I ® EXCESS LIABILITY— E EACH OCCURRENCE $1,000,000 OCCURRENCE UP 7684782 11/20/2018 11/20/2019 AGGREGATE $ WC STATUTORY LIMITS ® AND EMRS PLOYERS LIABILITY IONILIT NSA WC 0253741 i 08/28/2018 08/28/2019 $1,000,000 AND EMPLOYERS'LIABII_,ITY E.L.EACHACCEDENT POLICY APPLIES TO THE WORKERS E.L.DISEASE-EA EMPLOYEE $1,000,000 COMPENSATION LAW IN THE STATE OF NC E-L.DISEASE-POLICY LIMIT $1,000,000 OTHER: Li DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED AUTHORIZED REPRESENTA [V BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE r DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. DATE 07/17/2019 [I Col 0910