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Home My WebLink About2016-186-E DEAPR - Carolina Green Corporation for deep tine aeration 000wSWn Envelope ID:uA10r5EC'EE18-45r1-8u4C-CO40EoA1A3rr [Departmental Use Only] TITLE W10 Deep Tine Aerate FY 2016 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 14 day of March, 2010, ("Effective Date") by and between Orange County, North Coculb)u` o political mohd\vieiuo of the SUAn of North Carolina, (the "County"), party of the Ors{ pun;and Carolina Green Corporation(the "Pnuvider"), party of the second port; WI17N E0 S 81[H: For the purpose and subject to the kerns and conditions hcnoinnMmr set D*dh` the County hereby oon(muh fbr the services of the Provider, and the Provider agrees \n provide the following services k` the County in accordance with the terms of this Agreement,time being of the essence: The mcr/ioum and/or xum{mrio|m (hereinafter referred to ooUedlvc|y as "Services") to be b/,uiuhcd under this Agreement are oxfollows: Deep Title Core Aeration: Two Pads Total: $6`558.00. Top'drnsnTwo Pads with Dakota Top-Dresser(sand provided 6v county)$4,U00.0O. TOTAL COST %10.556.00 The term mf this agreement rendered obmUbe from Mai-ell 2)`2O|6 to June 3O,2O|6. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or ncouaoa\y under this /kgrnmm*ut in u ffiDy competent, professional and timely mnono, to the satisfaction o[the County, Provider shall be responsible for all errors o,omissions, in the performance of the Agreement. Provider yhn|\ oo,n:oi any and all cnns, muimmiono, discrepancies, ambiguities, mistakes or conflicts a<no additional cost(u the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this &eromnerd' nor mhm|| Provider assign any right or responsibility granted nr required by this Agreement, without the prior written approval of the County. SPECWIC TERMS L : The County agrees to pay at the rates npmulDed for Services satisfactorily performed in nnn `rd with this /\gwceomeo]. The amount to be paid by the Count), shall not exceed ten thousand, five hundred, fifty-six dollars, ($10,556.00). Payment shall be made within U\i�y (]Q)days of all invoice properly euhu�iUed� to County. Should Provider hd\ to podb,m its duties under the tnonn of this /\gremucot' County may, without fault or penalty, withhold any payment associated with the work to be performed until such time ms said work iocompleted. 2. : Fa|!000 by County at any time to require the pnrfb000noo by Provider ofany of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor sliall any waiver by the County of any breach be field to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. ]. Independent Contractor: The Provider ohuU operate as an independent contractor and the County sliall not be responsible for any of the Provider's acts or omissions. The Provider shall not b#treated on all mop}nycn 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 belialf of the Provider or the employees of the Provider. /i Insurance: Provider ohoU obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, \9Vrkoru` Compensation Insurance, and any additional insurance as may bo required hvCounty's Risk Manager omsuch insurance requirements are described iu the Orange County Risk Transfer Policy and Orange County K4hdmom Insurance Coverage Requirements (each document is Revised 1116 1 000wSWn Envelope ID:uA10r5EC'EE18-45r1-8u4C-CO40EoA1A3rr incorporated herein by reference and may be viewed at , If County's Bjuk Manager determines additional insurance coverage is required such additional insurance abuU unuo|n\ ofo/u (if noadditional insurance required mark N/A ombeing not applicable). Provider shall not commence work uoh| munk|nm|runuo is in effect and nnrhficuhonthereof has been received bv the County's Risk Manager. 5. Inde : The Provider agrees to dcU»od' indemnify, and hold huuu|exm Orange County from all |nmams, liabilities, u|uinlm` dmnoodx` suits, conts, do|nngeo or expenses (iox1ud|oQ ooaoounh>e attorney's fees) arising from bud||v injury, including death, 10 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 ornission on the part of the Provider, its agents, or assigns directly or indirectly m|uNd to the Services to be performed pursuant to this Agreement un the part of the Provider, (. : This Agreement may be terminated at any time hvmutual written agreement o[ the pod{ms or by the County upon n/dkon notice to the pnmvidoc County may suspend this Agreement upon reasonable notice to the Provider. 7. Entire Agreement and Signatures: The podiou have read this &@Jcomcn| and agree to be bound by all of its terms, and further agree that it cou*Ukdmo the complete and exclusive statement of the Agreement between the parties u/dexu and uu||| modified in writing and signed by the podicm. This Agreement together with any amendments or modifications may be executed electronically. All o|eotnouix signatures affixed hereto evidence the intent uf the Parties (o comply with Article 1|/\ and Article 40 of North Carolina General 8tuk/to Chapter 66. 8- : In determining the hmoio services to be provided, mbmuN any documents be referenced in or attached to this /k@yoemant^ the kzmo of this Agreement mhmU have priority in any conflict between the terms of referenced documents and the terms of this Agreement, 9. Governing Both parties agree that this Agreement shall bu governed bv the laws ofthe State of North Carolina. Provider shall at all domou »uuaiu in compliance with all applicable local,state, and federal laws, ro|em` and rcguJudouy including but not limited to all anti-discrimination laws. By executing this Agreement Provider affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. Ul Dispute Resolution: Any and all suits or actions 1n #o1brc#, interpret, or seek damages with respect toany provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court o[Justice of North Carolina sitting in Orange Count),,North Carolina. It is agreed by the pmnimn that no other court mbnU have jurisdiction co venue with respect to such suits or actions. Binding nrh|(mhon may not be initiated by either Party, however, the Pat-ties may agree to nonbinding mediation of any dispute prior tn the bringing of such suit oraction. U. Non AV12ropriation: Provider ookunv/edgem that County is x governmental entity, and the validity of this Agreement is based upon the availability o[public funding under the authority mf its statutory maodate. In the event that public funds are unavailable and not appropriated for the performance ofCounty's obligations under this /\grco/ncni, !hen this Agreement shall automatically expire without penalty 1oCounty immcdiatc|yuponv/riUenno1icmk» Providcro[(beuoavmilobiUtyandnou-mppropdationofpuWicfbudn. [SIGNATURE PAGE TO FOLLOW] Revised 1/16 DocuSign Envelope ID:2A1075EC-EE19-45F1-824C-C040EDA1A3FF IN WITNESS WHEREOF,County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE COUNTY PROVIDPR . DocuSigned by: ocuSigned by: gam... Title: BDB6DF2D1BFD4C2... 200 S.Cameron St. Kerry Price P.O. Box 8181 Carolina Greed Corp Hillsborough,NC 27278 10108 Indian Trail-Fairview Rd . Indian Trail,NC 28079 Revised 1/16 DocuSign Envelope ID:2A1075EC-EE19-45F1-824C-C040EDA1A3FF .-- CAROGRE-01 NSMITH ��'��►�" DATE{MMlDDlYYYY} CERTIFICATE OF LIABILITY INSURANCE EJMM/DDN 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 pollcy{ios)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 License#'1000009384 NAME: Hub International Southeast PaHIa°Nr Ext;($Ot))849 8008 arc N*;(704}334-6526 1001 Morehead Square Drive,Suite 400 E-MAIL Charlotte,NC 28203.0013 ADDRESS: _ INSURER(S)AFFORDING COVERAGE NAtC N INSURER A:West American Insurance Co 44393 INSURED INSURERt3:Westfield Companies Carolina Green Corp. INSURER C:Accident Fund General Insurance Company 12304 Kerry Price 10108 Indian Trail-Fairview Rd INSURER o Indian Trail,NC 28079 INSURERE: INSURER 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 PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM 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. INSR TYPE OF INSURANCE POLICY EFF PWDD EXP LIMITS LTR INSR WVO POLICY MM(DDIYYYY MMtDDlYYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE o OCCUR TRA4917720 0810112015 0810112016 PREMISES Ea'occu reence- $ 500,000 MED EXP(Anyone person) $ 10,000 PERSONAL&ADV INJURY $ m 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY N PRO, 0 LOC PRODUCTS-COMPIOPAGG S 2,000,000 JECT OTHER: S AUTOMOBILE LIABILITY =BIN1DIStNGLE LIMIT $ 1,000,000 B X ANY AUTO TRA4917720 0910112015 09/0112016 BODILY INJURY(Per person) $ ALL "'Ell SCHEDULED BODILY INJURY(Per actidenl) $ AUTOS AUTOS X X NON-O'ANEO PROPERTY DAMAGE S HIREDAI IDS AUTOS (Per accdent UMBRELLA, X OCCUR EACHOCCURRENCE $ 51000,000 B EXCESS LIAR CLAIMS-MADE TRA4917720 09101/2015 0910112016 AGGREGATE $ 5,000,000 DED I X I RETENTIONS 0 S WORKERS COMPENSATION AND EMPLOYERS'LtABILtTY X S ATUTE ER" C ANY PROPRIETOR/PARTNERIEXECUTIVE Y❑ NIA CP1020510 09101/2015 09101/2016 EL,EACH ACCIDENT $ 1,000,000 OFFiCEM,IEMBER EXCLUDED? (Mandatory in NH) EL.DISEASE-EAEMPLOYE S 1,000,000 iF yes,descnbe under DESCRIPTION OF OPERATIONS betau EL.DISEASE-POLICY LIMIT $ 1,000,000 B Equipment Floater TRA4917720 09!0112015 0910112016 Leased/Rented 150,000 DESCRIPTION OF OPERATIONS I LOCATIONS t VEHICLES(ACORD 104,Additional Remarks Schedule,may W attached It more spat*Is required) RE: Field Construction and Irrigation Improvements,West Ton Soccer Center,Orange County,NC CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County Government THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN F.O.BOX 8181 ACCORDANCE WITH THE POLICY PROVISIONS. Hillsboro,NC 27278 AUTHORIZED REPRESENTATIVE U 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks Of ACORD DocuSign Envelope ID:2A1075EC-EE19-45F1-824C-C040EDA1A3FF -..— CAROLGI OP I11:JC CERTIFICATE OF LIABILITY INSURANCE DATE(MWDDrrM) 16- /1106/2015 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(€es) 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 Victor P.Cope Lowry,Cope&Little PHONE FAX P.O.BOX 30517 Arc No Ext FAX rdc No): 704-943-0692 Charlotte,NC 28230 E-MAIL SS!VCOPe@lowryassoc.com Victor P.Cope INSURER($)AFFORDING COVERAGE NA[C# INSURERA:Builders Mutual Ins Co INSURED Carolina Green Corporation INSURER B:Texas Mutual Insurance Co Kerry Price INSURERC: 10108 Indian Trail Fairview Rd Indian Trail,NC 28079 INSURERD: INSURER E INSURER 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 PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM 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. INSR1 LT. TYPE OF INSURANCE INSR S B POLICY NUMBER M N,,,YYY M°pY1YYYY LIMITS WVn)LTR GENERAL LIABILITY EACH OCCURRENCE $ DAMAGETO ENT COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence)$ CLAIMS-MADE [A OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO $ POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident -§— ANY AUTO BODILY INJURY(Per person) $ ALLOWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS AUTO-OS PROPERTY DAMAGE $ y HIRED AUTOS AUTOS AEFR ACCIDENT) $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED I I RETENTION S $ WORKERS COMPENSATION X TWOCRSTATU- OT,ZH- AND EMPLOYERS'LIABILITY A ANY PROPRIETORIPARTNERIEXECUTIVE Y❑ NIA CP1042087(NC&SC) 11/0112015 11/01/2016 E.L.EACH ACCIDENT $ 600,00 OFFICER/MEMBER EXCLUDED? B (Mandatory In NH) 003417849(TX) 11/0112015 11/01/2016 E.L.DISEASE-EA EMPLOYEE $ 600,00 If es,desonbounder DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,00 DESCRIPTION OF OPERATIONS r LOCATIONS I VEHICLES(Attach ACORD TOf,Addltlonal Remarks Schedule,It more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County Parks& THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN g Y ACCORDANCE WITH THE POLICY PROVISIONS. Recreation 6823 Millhouse Road AUTHORIZED REPRESENTATIVE Chapel Hill,NC 27516 Victor P.Cope O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26(2010(05) The ACORD name and logo are registered marks of ACORD