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HomeMy WebLinkAbout2014-377 DEAPR - Eastern Turf Maintenance, Inc. for deep tine aerify and topdress job $4,750 [Departmental Use Only] TITLE EASTERN TURF MAINT FY 2014 DEAPR', ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this July day of 08, 2014, ("Effective Date") b", ,utd between Orange County, North Carolina, a body politic and corporate organized under the laws of the ,,uoc of North Carolina, (the "County"), party of the first part; and Eastern Turf Maintenance (the "Provider"i. party of the second part; W.ITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereh% contracts for the services of the Provider, and the Provider agrees to provide the following services t l ,. 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: Deep tine aerify 2 soccer fields at WEst 10 Soccer Complex and topdress 125 tons of sand that the County shall provide. The term of this agreement rendered shall be from July 8, 2014 to August 15, 2014. Provider represents and agrees that Provider is qualified to perform and fully capable of performinit and providing the services required or necessary under this Agreement in a fully competent,professions' and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omission,. i the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepar c IC!" ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider sha l nest sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right r 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 satisfacIoi I I� performed in accord with this Agreement. The amount to be paid by the County shall not exceed I our thousand seven hundred fifty dollars, ($4750). 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 Agreerent, County may, without fault or penalty, withhold any payment associated with the work to be performed anti I 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, nur shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a wait,r o f this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent Provider, ant the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be tiviticd as an employee with respect to the Services performed hereunder for federal or state tax, unetnploymc•n ot- workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll -tit\ A 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 Lid):111 Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are described in the Crange Gcuntl Revised 9/13 1 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://oran ecountync.gov/purchasing//contracts.a�I)). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of N/A (if no additional insurance required mark N/A as being not applicable). Provider sloth not commence work until such insurance is in effect and certification thereof has been received b-. the Owner's Risk Manager. 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange CollntN 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 t�, or destruction of any property caused in whole or in part by any negligent or intentional act or onission on the part of the Provider. 6. Termination: This Agreement may be tenninated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. 7. Entire Agreement: 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 bet,%cen the parties unless and until modified in writing and signed by the parties. Modifications may be evidetnccd by telefacsimile signature. 8. Priority: In determining the basic services to be provided, should any documert> he referenced in this Agreement, the terms herein shall have priority in any conflict between the tern►, f, referenced documents and the terms of this Agreement. 9. Governing Law:aw: Both parties agree that this Agreement shall be governed by the laws M t h e State of North Carolina. Should either parry 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 seats(I iii Orange County, 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 anti-discrimination Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a contract with a contractor unless the contractor and the contractor's subcontractors comply with the requirement,, of Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Provider'; breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance mth Article 2 of Chapter 64 of the North Carolina General Statutes. 10. Non Appropriation: Provider acknowledges that County is a governmental entity, an c l t h�_ 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 Count's obligations under this Agreement, then this Agreement shall automatically expire without penalty to Count_ immediately upon written notice to Provider of the unavailability and non-appropriation of pub is funds. [SIGNATURE PAGE TO FOLLOW] Revised 9/13 2 IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effect i c as of the day first written above. ORANGE COUNTY PROVIDER l � � By: � By: County Manager 3 Title: 200 S. Cameron St. e." P.O.BOX 8181 Hillsborough,NC 27278 This instrument has ben approved as to technical content. ,Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. 06 4 1NS4 L .sue,¢ Y A-ice o Chief t ancial Of rcer This i stru ent h approved as to form and legal sufficiency. ice of the County Attorney Revised 9/13 3 ,aco CERTIFICATE OF LIABILITY INSURANCE DATE-iMMIDD'YYYY) �.--� 718/, 014 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(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 on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: patt y Miller Business Insurers of Carolinas PHONE (919 537-7216 FAl (919)9atr i'v 91 Nolo 800 Eastowne Drive, Suite 208 AbDARLSS:pom @business-insurers.com PO BOX 2536 INSURERS AFFORDING COVERAGE _ NAIC# INSURER A'Emcasc0 _ 2.14.07_ Chapel Hill NC 27515-2536 INSURED INSURER B: _ Eastern Turf Maintenance Inc. INSURERC: 3305 Anvil Place INSURER D: INSURER E: Raleigh NC 27603 INSURER F: COVERAGES CERTIFICATE NUMBER:2014-2015 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POi I=ERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO iJHIC:H THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL r-E. TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. tLTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MMIDDY� POLICY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY AMAGE ENT ED PR EME Ea occurrence $ 100,000 I A CLAIMS-MADE Fx�OCCUR 41367716 /15/2014 /15/2015 MED EXP(Any one person) $ 102000 PERSONAL&ADV INJURY $ 1 000,000 GENERAL AGGREGATE $ .'. 000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 000,000 X POLICY X PRO LOC $ __ AUTOMOBILE LIABILITY COMBINED SINGLE LIM T Ea accident 0 0 0�0 00 A Ix ANY AUTO BODILY INJURY(Per peron) $ALL OWNED X SCHEDULED 4E67716 /15/2014 /15/2015 BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident Medical payments $ 5,000 X I UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1 ,0 0 0,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1_600,000 DED X RETENTION$ 10,00C 4J67716 3/15/2014 /15/2015 $ A WORKERS COMPENSATION X WC LIMIT ER AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1.,000_ 000 OFFICERlMEMBER EXCLUDED? NIA H67716 /15/2019 /15/2015 (Mandatory in NH) E.L.DISEASE-EA EMPI OYE $ _ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I$ 1,0 0 0 000 A Leased/Rented Equipment 4067716 3/15/2014 /15/2015 $25,000 ACV $SOT, deduct DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: Orange County Parks & Recreation Soccer Fields CERTIFICATE HOLDER CANCELLATION _ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLF D BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County ACCORDANCE WITH THE POLICY PROVISIONS. Lori Taft ------ 302 West Tryon st AUTHORIZED REPRESENTATIVE Hillsborough, NC 27278 Patty Miller/PATTY dfpl�- ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 mmnns)ni Tho AR(lDrl namrs anrd Innn aro roniefornrd mnr4e of Af'r1Rrl