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HomeMy WebLinkAbout2020-219-E AMS - Drain Express Inc. EAC drain DocuSign Envelope ID:7249DADO-19FF-4COE-88F9-EA556OE34ED7 nnos [Departmental Use Only] TITLE EAC SEWER LINE FY 2020 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 8th day of February, 2020, ("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 Drain Express, 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: Clean out main sewer line with a small machine, finding roots in the line,fixing the line with a pipe tie and back grading. Install femco and cleanout adapter. The term of this agreement rendered shall be from 02/07/2020 to 04/07/2020. 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 (as determined by the County) performed in accord with this Agreement. The amount to be paid by the County shall not exceed Sixteen Hundred Thirty Three dollars and Ninety Five Cents, ($1633.95). 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 11/19 1 DocuSign Envelope ID:7249DADO-19FF-4COE-88F9-EA556OE34ED7 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 NA (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: To the extent authorized by North Carolina law 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. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 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 htip://www.oran e�tpc. og v/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 Revised 11/19 2 DocuSign Envelope ID:7249DADO-19FF-4COE-88F9-EA556OE34ED7 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. OR A N GF a(b ITNTy PROVIDER OocuSigned by: B Sft . 9MA B Vail- mv_s6w C�2DD9CD6681844C5... DUCEMI E355443... L%,FUI LuIVIIL Lug ctor T-_-_ 200 S. Cameron St. Drain Express,Inc P.O. Box 8181 PO Box 670 Hillsborough,NC 27278 Carrboro,NC 27510 Revised 11/19 3 DocuSign Envelope ID:7249DADO-19FF-4COE-88F9-EA556OE34ED7 s �>zafrvss Derain Express,Inc. Invoice �- PO Sox 670 Ca>.�rbozo,NC 27510 Date nvoice#I (919) 968-0070 2nno20 22727 NC Plumbing License#21697 Bill To Orange County Asset Mgmt 5800 Hwy 86 N Hillsborough,NC 27278 Rep P.O. No. Terms Job Location T❑ T)ue on receipt 306 revere Item Description Rate Amount a Flat Rate cable 2in main sewer line from cleanout with small machine,cable 0.00 0.00 with big machine 15Oft went through clog,brought jet back and hydrojetted line,clog was approx 50ft in,then camerad the line to inspect pipe and found roots at 49ft in and fitting at 56ft pipe ties into wye and is back grading.Install femco 40 and 4in cleanout adapter, used extra man Fiat Rate cable work 425.00 425.00 Plat Rate hydrojet work 525,00 525,00 Plat Rate camera work 250,00 250.00 Extra Man Extra Man 125.00 125,00 Plat Rate adapter 160,00 160,00 Trip Charge Trip Charge 34,95 34,95 Misc tax 114.00 114,00 Warranty 90 days 0.00 0,00 r Total $1,633.95 DocuSign Envelope ID:7249DADO-19FF-4COE-88F9-EA556OE34ED7 Allison Cooper From: Paul Sorrell Sent: Wednesday, February 26, 2020 10:56 AM To: Allison Cooper Cc; Katherine Hamlett Subject: RE: [EXTERNAL MAILI] Invoice 22727 from Drain Express,Inc. Good morning. Maintenance work diligently with County equipment and was unable to clear the line.The facility was without the use of toilet and sinks. I called out for help due to employees unable to use the restroom. From: Allison Cooper Sent: Wednesday, February 26, 2020 9:30 AM To: Paul Sorrell Cc: Katherine Hamlett Subject: FW: [EXTERNAL MAILI] Invoice 22727 from Drain Express, Inc. Paul, Can you please send me the emergency reasoning for this? I'll have you sign the invoice tomorrow in our meeting. Thanks! From: drainexpressl04❑-gmail.com [mailto:drainexpressl04(gmail.com] Sent: Tuesday, February 25, 2020 12:13 PM To: Paul Sorrell Cc: Allison Cooper Subject: [EXTERNAL MAIL!] Invoice 22727 from Drain Express, Inc. Drain Invoice bue:ozv7/2a24 22727 Amount Due: $ i 633.95 Dear Customer Your invoice is attached. Please remit payment at your earliest convenience. E Thank you for your business-we appreciate it very much. Sincerely, Drain Express, Inc. 9'l 9-968--0070 i 1 DocuSign Envelope ID:7249DADO-19FF-4COE-88F9-EA556OE34ED7 1 Erie DATE ISSUED(MMIDI)n ill CERTIFICATE OF INSURANCE 3/18/20 I nsurani —THIS CERTIFICATE IS ISSUED AS A{NATTER OF INFORMATION ONLY-- Home Office • 100 Erie Insurance Place • Erie,Pennsylvania 1653D • 514.870.2000 Toll free 1.800.458.0811 • Fax BK4 703126 • www.erieinsurance.com NAMEANDADDRESS OFAGENCY ULTIMATE CHOICE INS GROUP INC AGENT'S NO. Cq.;-�ERI SURA C_CO PANY.____. 3901 BARRETT DR STE 312 JJ 1520 CO,:: ERIE INSURANCE PROPERTY&r_A_SU_A-LTY G MPANY Co,:IFERIE INS1lRANCE EXCAN HGE /Nut Applicable RALEIGH,NC 27609-6611 ErielndemnityGCo. Attorney-in-Fact\Y�RK.in NY ..-.- .L.F�EJIVSI�AN_��P_��N��1�EW- (919)772-7698 This certificate is issued for information purposes only and confers NAME AND ADDRESS OF NAMED INSURED no rights on the certificate holder. It does not affirmatively or negatively amend,extend,or otherwise alter the terms,exclusions DRAIN EXPRESS INC and conditions of insurance coverage contained in the policy(ies) indicated below.The terms and conditions of the policy(ies}govern PO BOX 670 ithe insurance coverage as applied to any given situation.Limits CARRF30R0.NC 27510 shown may have been reduced by claims paid.This certificate of insurance does not constitute a contract between the issuing insurers}, authorized representative or producer and the certificate holder. This is to Celt that licies ras indicated the Pplic Number below,are in farce for the Named insured at the time that the Certificate is belrr�ssued. Go Add11 POLICY NUMBER Y LIMITS LTR :._., TYPE Or INSURANCE _ E ❑GENERAL LIABILITY Q28 0123731 4/1/19 4/I/2Q EACH OCCURRENCE 1,0D0 000 0 COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any One Fire) [—]CLAIMS MADE 0 OCCU MED EXP(Any One Perm) 5,000 ❑ PERSONAL&ADV.INJURY 1,000,000 ❑ GENERAL AGGREGATE 2,000,000 GEN'tAGGREGATELIMlTAPPLIESPER: PRODUCTS-COMPIDPAGG 2,000.000 ❑X POLCY [:]PROJECT ❑LOCI AUTOMOBILE LIABILITY BODILYINJURY ❑ TEACH PERSON) $"ANYAUTD (OWNED NON 6VINED) BODILY INJURY ❑ OWNED EACHACCIDET $ ❑ HIRED PROPERTY DAMAGE $ ❑ NON-OWNED BODWYINJURYAND PROPERTY $ ❑ GARAGE E ❑EXCESS LIABILITY EACH DCCURRENGE S 1,000,000 © OCCURRENCE Q28 0172305 4/1/19 4l1120 AGGREGATE $ 1,000.000 ❑ RETENTION $ 0 $ E WORKERS COMPENSATION 8 Q88 0104584 4/1/19 4/1/20 ACCIDENT $ 300,000 EACH ACCIDENT EMPLOYERS LIABILITY BOUfLY INJURY DISEASE $ 500.000 POLICY LIMIT i BY DISEASE 500,000 EACH EMPLOYEE OTHER I OESC RIPTION OF OPERATIONS/LOCATIONS/VEHIGLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS CANCELLATION: SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF,NOT ICE WILL BE DELIV- ERED IN ACCORDANCE WITH THE POLICY PROVISIONS. IMPORTANT: It the certificate holder is an ADDITIONAL INSURED,the policy(ii 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 tin the certificate holder in lied of such endorsemcnt(s). NAME AND ADDRESS OF CERTIFICATE HOLDER ORANGE COIJNTY ASSET MANAGEMENT AUTHOR12EDREPRESENTATIVE 306 REVERE ROAD HILLSBOROUGH,NC 27278 - �/ � Z" E106230 8111 Page 1 of I DocuSign Envelope ID:7249DADO-19FF-4COE-88F9-EA556OE34ED7 3/18 A<17")?" CERTIFICATE OF LIABILITY INSURANCE 0M1ODfYYYY1 ��. 3/18/2020 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(iesl 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). CONTACT MARCUS DAVIS,PRESIDENT PRODUCER NAME: PHONE 919-772-7698 FAX No:919-400-4320 ULTIMATE CHOICE INSURANCE GROUP INC (A(c N.o.Ext E-MAIL ultimatechpiceinsuranGe@gmail.com 3901 BARRETT DRIVE ABDRESS; _-__.SUITE 312 INSURE—-I AFFORDING COVERAGE NAIC# RALEIGH, INC 27609 INSURES,A: PROGRESSIVE SOUTHEASTERN INS CO 38784 INSURED INSURER Et: -- DRAIN EXPRESS INC INSURERC: PO BOX 670 IMSURER D -- CARRBORO, NC 27510 INSURERS IN SU RER 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 PER10D INDICATED. NOTW#THSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE €SSUED 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 AD�SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDDlYYYY) MMIDDIYYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED $ J CLAIMS-MADE �- —�i OCCUR II PREMISES(Ea occu"Rce . MED EXP(Any one person) PERSONAL&ADV INJURY $ GENLAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE_ $ PRO- PRODUCTS-COMPIOPAGG S POLICY` J JECT c 1Loc OTHER: COMSINEDSINGLELIMIT g 1,pp0,000 AUTOMOBILE LIABILITY (Ea accident) ANY AUTO BODILY INJURY(PeT person) S A xALL OWNED SCHEDULED 02132482�6 0410112019 04/01/2020 I BODILY INJURY accident) $ AUTOS AUTOS _ ___ NON-OWNED PROPERTY DAMAGE 5 Per accidenf HIRED AUTOS AUTOS UMBRELLA LIAB, OCCUR EACH OCCURRENCE 5 _ EXCESS LIAB CLAIMS MADE AGGREGATE $ FEU I RETENTION$ $ PER WORKERS COMPENSATION STATUTE_ ERpTH- AND EMPLOYERS'LIABILITY Y f N ANY PROPRIETORIPARTNERlEXECUTIVE ❑ N!A E.L.EACH ACCIDENT _ OFFICENIMEMBER EXCLUDED? IMandatory in NH) I E.L DISEASE-EA EMPLOYE $ If yes.describe under E.L.E4SEASE-POLICY LIMIT 5 DESCRIPTION OF OPERATIONS below i DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (AGORD 101,Additional Remarks Schedule,may be attached it more space is required( CERTIFICATE HOLDER CANCELLATION ORANGE COUNTY ASSET MANAGEMENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 306 REVERE ROAD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN HILLSBOROUGH,NC 27278 ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE N4A-6os 0,-f V14LIVT ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD