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HomeMy WebLinkAbout2017-252-E DEAPR - Buy Sod, Inc. - emergency repair of fields at Soccer.com DocuSign Envelope ID:9D7D6A39-2FB7-43BE-A9A6-4DB05316237A [Departmental Use Only] TITLE Soccer.com sod FY 2017 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 29th day of June, 2017, ("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 Buy Sod, 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 (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Provider will supply and install at the Soccer.com Center- 10,000sqft of TifTuf Bermuda sod per the following: 10,000sqft - .32ppsf= $3,200.00; Delivery - $250 per truck(2) _ $500.00; Install — 10,000sqft - .20ppsf = $2,000.00; Ripping up old sod — (MIN) = $2,500.00; Total: $8,200.00 The term of this agreement rendered shall be from June 28,2017 to July 12,2017. 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 performed in accord with this Agreement. The amount to be paid by the County shall not exceed eight thousand, two hundred dollars, ($8,200). 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 Revised 2/17 1 DocuSign Envelope ID:9D7D6A39-2FB7-43BE-A9A6-4DB05316237A 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 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 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. 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 Non-Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/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 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 Revised 2/17 2 DocuSign Envelope ID:9D7D6A39-2FB7-43BE-A9A6-4DB05316237A 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. [SIGNATURE PAGE TO FOLLOW] Revised 2/17 3 r DocuSign Envelope ID:9D7D6A39-2FB7-43BE-A9A6-4DB05316237A 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: f itIAAn,it, � �� By: Pow albviffow i•s� ,.,Y, Titled "4s172B1A8A514Eaentral NC Regional sales Mngr. 200 S. Cameron St. Dixon Albritton, Reg. Sales Manager P.O. Box 8181 Buy Sod, Inc. Hillsborough,NC 27278 130 Applecross Rd.,Pinehurst,NC 28374 Revised 2/17 4 DocuSign Envelope ID:9D7D6A39-2FB7-43BE-A9A6-4DB05316237A ___..--,,,,, BUYSO-1 OP ID: HLB ,a►coRO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `„--i 06/21/2017 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 LAMAR BUTLER INSURANCE SERV CTR -CLINTON PHON: CLINTON BRANCH tAlC,No,Ext):910-592-3108 lac,No):910-401-9244 • PO Box 468 E-MAIL DDRE Ibutler Iscfa com CLINTON,NC 28329 ADDRESS: Y• LAMAR BUTLER,CIC INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:AUTO-OWNERS 18988 INSURED BUY SOD INC. INSURER B:ACCIDENT FUND INS CO 10166 BUY SOD USA LLC INSURER C:THE HARTFORD 22357 PO BOX 4089 PINEHURST,NC 28374-4089 INSURER D:SCOTTSDALE INSURANCE COMPANY 41297 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. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIDD/YYYY) (MMIDD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 35539656 07/10/2016 07/10/2017 DAMAGE TO RENTED 300,000 A X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $ 3,000,000 POLICY X LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ C X ANY AUTO 22UENNL1654 07/10/2016 07/10/2017 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X AU OS APER ACCIDENT ) $ COMP/COLL DED $ 2,00C X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 5,000,000 D EXCESS LIAB CLAIMS-MADE XLS0100159 07/10/2016 07/10/2017 AGGREGATE $ 5,000,000 DED RETENTIONS $ WORKERS COMPENSATION X WC STATU- 0TH- AND EMPLOYERS'LIABILITY TORY LIMITS ER Y/N B ANY PROPRIETOR/PARTNER/EXECUTIVE WCV6108241 01/31/2017 01/31/2018 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? y N/A (Mandatory In NH) - E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under r 1,000 000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C INLAND MARINE 22MSN18214 07/10/2016 07/10/2017 EQUIPMENT 2,300,000 C PHYSICAL DAMAGE 22UENNL1654 07/10/2016 07/10/2017 COMP/COLL 2000 DED DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ORANGE COUNTY DEPT OF ENVIRONMENT JONATHAN DAIL AUTHORIZED REPRESENTATIVE 4710 WEST TEN ROAD . ' IEFLAND,NC 27243 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:9D7D6A39-2FB7-43BE-A9A6-4DB05316237A From: Gary Donaldson Sent: Tuesday, June 20, 2017 10:47 AM To: Ardra Webster; Paul Laughton; Phyllis Fontes Cc: David Stancil Subject: RE: PO needed - Ardra, Approved. Gary Donaldson,CTP,Chief Financial Officer 200 South Cameron Street Hillsborough, NC 27278 0:919-245-2453 C:404-435-4416 gdonaldson @orangecountync.gov ORANGE CO Ji'J , From: Ardra Webster Sent: Tuesday, June 20, 2017 8:41 AM To: Gary Donaldson; Paul Laughton; Phyllis Fontes Cc: David Stancil Subject: RE: PO needed - Importance: High Hello Everyone We are losing our window of opportunity to have this work done in order to be ready for play next season. If this work isn't done it could cause loss of revenue because we will have to limit play on the field until grass is established. Staff asked again yesterday is this okay to proceed with work in the next week. Can someone please give me an answer? Thank you Ardra Webster, Business Officer Orange County Department of Environment, Agriculture, Parks and Recreation 302 W Tryon Rd/PO Box 8181/Hillsborough NC 27278/919-245-2664/http://www.co.orange.nc.us