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HomeMy WebLinkAbout2016-308-E DEAPR - Eastern Turf Maintenance, Inc. for soccer field maintenance Docu!ign Envelope ID: o37oeB-r58ew1CC-ADE9-3136393481r1 [Departmental Use Only] TITLE Eastern Turf-W10 socce FY 2016 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 8th day of June, 2016, ("Effective Date") by and between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the "County"), party of the first part; and Eastern Turf Maintenance, Inc, (the "Provider"), party of the second part; W DTN E 8 0 ETH: 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 aerify pad io<Soccer.umnCenter The term of this agreement rendered shall be from June 8th to June 30, 2016. 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 Ag/zun\cu1. 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 three thousand dollars, ($3,000). 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-\Vaiver 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 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is Revised 6/16 } DocuSign Envelope ID: 723772BB-F58B-41 CC-ADE9-3136393491 F1 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 consist of 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 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, its agents, or assigns directly or indirectly related to the Services to be performed pursuant to this Agreement 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. County may suspend this Agreement upon reasonable notice to the 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. 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 l A and Article 40 of North Carolina General Statute Chapter 66. 8, Priority: In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms of this Agreement shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of 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 state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Anti-Discrimination Policy. 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 affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-86.58. 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 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. Revised 6/16 2 9 DocuSign Envelope ID: 723772BB-F58B-41 CC-ADE9-3136393491 F1 [SIGNATURE PAGE TO FOLLOW] Revised 6/16 3 DocuSign Envelope ID: 723772BB-F58B-41CC-ADE9-3136393491F1 IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER DocuSigned by: (—DocuSigned by: By: f261AAAM, h/MiklUeSttAl DoS. al tity. By: P4 — • Blp• 200 S. Cameron St. Brad Stitteif 69FF2328FB1444.. P.O. Box 8181 3305 Anvil Place Hillsborough,NC 27278 Raleigh,NC 27603 • Revised 6/16 4 DocuSign Envelope ID: 723772BB-F58B-41 CC-ADE9-3136393491 F1 AC'©® DATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 5/17/2016 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(les) 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 Patty Miller NAME:Business Insurers of Carolinas PHONE o.Ex1}`(919)968-4611 FAX Na); P (919)968-8991 800 Eastowne Drive, Suite 208 MAIL miller @business-insurers,com mmusS: PO Box 2536 INSURER(S)AFFORDING COVERAGE NAIC II Chapel Hill NC 27515-2536 INSURERA:Penn National Security 32441 INSURED INSURERB:Penn National Mutual Casualty 14990 EASTERN TURF MAINTENANCE INC INsuRERCAccident Fund National Ins Co. 12305 3305 ANVIL PL INSURER D: INSURER E: RALEIGH NC 27603-3514 INSURER F COVERAGES CERTIFICATE NUMBER:16-17 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS ,LTR INSD WVO_ POLICY NUMBER IM1UDDIYYYYI IMMJDD!YYYYI_ X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5 1,000,000 OCCUR PREMIS ESIEaoccu TO RENTED A CLAIMS-MADE X 100,000 PREMISES 5 CX9 0727704 3/15/2016 3/15/2017 MED EXP(Arty one person) $ 5,000 PERSONAL BADVINJURY $ 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: _GENERAL AGGREGATE $ 2,000,000 X POLICY X JE f LOG PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 A X ANY AUTO BODILY INJURY(Per person} $ X ALL OVAED © ) SCHEDULED AX9 0727704 3/15/2016 3/15/2017 BODILY INJURY(Per accident $ AUTOS AUTOS X NON-OWNED PROPERTY DAMAGE HIRED AUTOS Ma AUTOS (Per accident) Underinsured motorist $ X UMBRELLA LIAB X OCCUR UL90727704 EACH OCCURRENCE S 3,000,000 B EXCESS LIAB CLAIMS-MADE AGGREGATE $ 3,000,000 DED X RETENTIONS 10,000 3/15/2016 3/15/2017 S WORKERS COMPENSATION X PER I OTH- AND EMPLOYERS'LIABILITY STATUTE J -ER _ ANY PROPRIETOR/PARTNER/EXECUTIVE Y!N WCV 6124200 E.L.EACH ACCIDENT $ 1,000,000 C OFFICER/MEM,4BEREXCLUDED? y NIA 3/15/2016 3/15/2017 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE 6 1�,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 A Leased Rented Equipment CX9 0727704 3/15/2016 3/15/2017 560,000 limit ACV $500 deduct DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES (ACORD 101,Additional Remarks Schedule.may be attached If more space Is required) RE: Soccer Center CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County DEAPR THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Lori Taft, CPRP,M.ED ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 Hillsborough, NC 27278 AUTHORIZEO REPRESENTATIVE Patty Miller/PATTY ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS0251701451t