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HomeMy WebLinkAbout2015-182-E DEAPR - Eastern Turf Maintenance, Inc. for field maintenance $1,800 DocuSign Envelope ID: 19E15DDF-63D4-408F-A759-D7535DECD3BE [Departmental Use Only] TITLE Deep-tine Fairview field FY 2015 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this S day of April, 2015, ("Effective Date") by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (tile "County"), party of the first part; and Eastern Turf Maintenance, Inc., 3305 Anvil Place, Raleigh,NC (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: Deep-Tine aeration of Fairview Park Baseball Field The term of this agreement rendered steal l be from April 8, 2015 to May 15, 2015. 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 fillly 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, not- 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, eight hundred dollars, ($1,800). 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: Tire 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 all employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. Tire 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 Owner's Risk Manager as such insurance requirements are described in the Orange Comity Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is Revised 10114 1 DocuSign Envelope ID: 19E15DDF-63D4-408F-A759-D7535DECD3BE incorporated herein by reference and may be viewed at litl :I loran ecotlilt nc. ovl Lireliasirr coliti•acts.as)). If Owner's Risk Manager deterniines additional insurance coverage is required such additional insurance shall consist of nla(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 Owner's Risk Manager. 5. Indetimi : 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 darnage 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. 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. 7. Entire Ag•cement 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 tine 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 I IA and Article 40 of North Carolina General Statute Chapter 66. 8. Priori : 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. Governing Law:aw: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. 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. 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 ant!-drscriniinatioli laws, 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 Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public firnding tinder 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 a navaiIability and non-appropriation of public fiords. [SIGNATURE PAGE TO FOLLOW] Revised 10114 2 DocuSign Envelope ID: 19E15DDF-63D4-408F-A759-D7535DECD3BE IN WITNESS WHEREOF,County and the Provider have signed this Agreement,effective as of the day first written above, ORANGE COUNTY PROVIDER (—�DocuSlg ned by: --DocuSIgned bBy: 6V�,kAf- C1 *MLYS By: j�jra.� w6vu &ls� a� 'Cr AFC1764E8B774B3... 200 S. Cameron St. Brad Sutton P.O. Box 8181 3305 Anvil Place Hillsborough,NC 27278 Raleigh,NC 27603 Revised 10/14 3 DocuSign Envelope ID: 19E15DDF-63D4-408F-A759-D7535DECD3BE A�°R°® CERTIFICATE OF LIABILITY INSURANCE D `YYYY' 4//8/28/2W°D015 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(tes) 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• Patty Miller Business Insurers of Carolinas PHONE (919)968-9611 0,(919)968-8991 800 Eastowne Drive, Suite 208 eiDOlss:pom @business-insurers.com PO BOX 2536 INSURERS AFFORDING COVERAGE NAIC# Chapel Hill NC 27515-2536 rNSURERA EmcaSOO 21407 INSURED INSURER B�m to exs Mutual Casualty 1415 Eastern Turf Maintenance Inc. INSURERC: 3305 Anvil Place 1NSURERD: INSURER E: Raleigh NC 27603 INSURER F: COVERAGES CERTIFICATE NUMBER:2015-2016 REVISION NIUMBER; 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 OTHE=R DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PFRTAtN, 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 ADOL SUBR LTR TYPE OF INSURANCE POLICY NUMBER POLICY DD!YYYY MM DDf EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence S 100,000 A CLAIMS-MADE OCCUR D67716 /k5/20i5 /15/2016 MED EXP(Any one person) S 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEHL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COM Plop AGO S 2,000,000 X POLICY X PRO LOC $ AUTOMOBILE LIABILITY EO$BST ED SINGLE LIMIT 1,000,000 A JX ANY AUTO BODILY INJURY(Perperson) $ ALL AUTOSMEO X AV CHED OSUL>=D E67716 /15/2015 /15/2016 BODILYINJURY(Peraccident) S HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS Were ccident) $ Undednsuredmolodst $ 1,000,000. X UMBRELLALIAB X I OCCUR ollows form Auto,GL,WC EACH OCCURRENCE s 1,000,000 A EXCESS LIAR CLAIMS-MADE AGGREGATE $ 1,000,000 OED I X I RETENTIONS 10100 J67716 /15/2015 /15/2016 S * WORKERS COMPENSATION WCSTATU- OTH- AND EMPLOYERS`LIABILITY YIN tip ER ANY PROPMETCR1PARTNERIEXECLITIVE E.L.EACH ACCIDENT $ 1 000 000 ED? OFFICERIMEMBER EXCLUD MIA (Mandatory In NH) 4H67716 /15/2015 /15/2016 I E L DISEASE-EA EMPLOYE $ 1,000,000 tpes,describe under DESCRIPTION OF OPERATIONS below ---- E.L.DISEASE-POLICY LIMIT $ 1 000,000 8 Leased/Rented Equipment 4C67716 /15/2015 /15/2016 $25,000ACV $500 deduct DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) RE; Fairview Park Baseball Field I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County ACCORDANCE WITH THE POLICY PROVISIONS, PO Box 8181 Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE Patty Miller/PATTY 6�g- ACORD 26(2010/05) ©1988-2010 ACORD CORPORATION. All rights roserved. INS025ontnnsi m Tho Ar1r1Rr]nama and Inrrn ara ranicfarorl mnrke of Ar-r1Rr1