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Home My WebLink About2019-016-E DEAPR - Eastern Turf - Cedar Grove Park maintenance DocuSign Envelope ID: E7142D2A-ECCC-4A8A-9358-6F13D428AC6D [Departmental Use Only] TITLE Eastern Turf- CGP PY 2018-1 S ORANGE COUNTY CONTRACT'UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 7th day of January, 2019, ("Effective Date") by and between Orange County, North Carolina, a body politic and corporate organized under the laws 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; 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 and/or construction (hereinafter referred to collectively as "Services") to be firrnished under this Agreement are as follows: Edging three infields, edging warning tracks, cutting out grass and adding screenings. The term of this agreement rendered shall be from January 10 to April 1, 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 Three Thousand Seventy Five dollars, ($3075.00). 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 Nan-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 be required by County's Risk Manager as such insurance requirements are described in the Orange County Revised 12A8 1 I DocuSign Envelope ID: E7142D2A-ECCC-4A8A-9358-6F13D428AC6D Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements {each document is incorporated herein by reference and may be viewed at httpJlwww.orangecouhtync.gov/departments/purchasing divisionlcontracts.php). If County's Risk Manager detennines additional insurance coverage is required such additional insurance shall be designated here COL (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 County's Risk Manager. 5. Indemni : The Provider agrees,without limitation,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 pant of the ,Provider in carrying out Provider's duties and obligations related to the Set-vices to be provided in this Agreement. 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 Provider. 7. Entire Agreement and Signatures: The parties have read this Agreement and agree to be bound by all of its terns, 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. Modifications may be evidenced by telefacsimile signature, 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 11 A and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Priority: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and Orange County. 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.oranaecounlyne.gov/depaitments/ptirchasing divisionlcontracts. h .). 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 certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 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. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation, If such mediation fails either party may initiate litigation to resolve the dispute. 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. Revised I2/18 2 1 DocuSign Envelope ID: E7142D2A-ECCC-4A8A-9358-6F13D428AC6D i 110. Non Appropriatiola: 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. IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER DocuSigned by: DocuSigned by: By:EP61 aw �fAttiGl�, By �°JV l St4f 6v. 1CFA1D507A495-.. Tit AFC1704E,B77463..- r 200 S. Cameron St. Brad Sutton P.O.Box 8181 Owner Hillsborough,NC 27278 Revised 12118 3 DocuSign Envelope ID: E7142D2A-ECCC-4A8A-9358-6F13D428AC6D A`� ® CERTIFICATE OF LIABILITY INSURANCE DATE;MMID]IYYYY] 0 01/07/2019 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 have ADDITIONAL INSURED provisions or 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 endorsemenosy. PRODUCER CONTACT Patty Miller NAME: Business Insurers of Carolinas PHONE NE Ext: (919J 968-4611 FAX No: (919)968-8991 (Ak800 Eastowne Drive,Sulte 208 E-MAIL ADDRESS: p mlller@?business insurers.com PO BOX 2536 INSURER(S)AFFORDING COVERAGE NAIC 0 Chapel Hill NC 27515-2536 INSURER A: Penn National Securtty 32441 INSURED INSURER B: PA National Mutual Gas Inc 14990 Eastern Turf Maintenance Inc. INSURERC: Accident Fund National Ins Go 12305 3305 Anvil Place INSURER D: INSURER E: Raleigh NC 27603 INSURERF: COVERAGES CERTIFICATE NUMBER: 18-19 REVISION NUMBER: THIS IS TO CERTIFYTHATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE 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 I NSURANC E AF FORD E D BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUS1 ONS AN Q CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE 6E INSURANCE POLICY EFE POLL E P LIMITS LTR INSD WVD POLICYNOMBER MMIDDIYYYY MMIODIYYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5 1,000,000 DAMAGE TO RENTED CLAIMS-MADE [9 OCCUR PREMISES Ea occurrence s 1QD,000 MED EXP(Amy One person) 5 5,000 A Y CX9 0727704 03/1512018 03/15/2019 PERSONAL&AOV INJURY g 1.000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GEN ERAL AGGREGATE $ 2.000,000 ]C POLICY[g PRC LOC PRODUCTS-COMPIOPAGG $ 2,000,000 OTHER: $ AUTOMOBILEUABILITY CEa aOM9INEDcddentSINGLELIMIT $ 1.000,000 X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y AX9 0727704 03/1512018 0311512019 BODILY INJURY(Per accident) S AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY P.'e.rldenl 19 Endorsements S X UMBRELLA LIAR x OCCUR EACH OCCURRENCE $ 3,000,ODO B EXCESS LIAR CLAIMS-MADE UL90727704 03/1512018 03M612019 AGGREGATE $ 3,000,000 DED I~JC RETENTION$ 1 D,Doo $ WORKERS COMPENSATtON OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOWPARTNERIEXECUTIVE ELEAcHACCIDENT $ 1,0DD,DOD G OFFICERIMEMBER EXCLUDED NIA WCV 612420D 03115/2018 03/15/2019 (Mandatory In NH) EL DISEASE-EA EMPLOYEE $ 1,DOD,DDD I I yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below EL,DISEASE-POLICY LIMIT $ Leased/Rented Equipment A CX9 0727704 03/1512018 03/15/2019 60,000ACV $500 deductible DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is included as additional insured in reference to the General Liability&Auto Liability policies per written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBE11 POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Orange County Parks&Recreation Jonathan Dail ACCORDANCE WITH THE POLICY PROVISIONS. 5800 NC Hwy 86 North AUTHORIZED REPRESENTATIVE Hillsbarough NG 27278 a 198E-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: E7142D2A-ECCC-4A8A-9358-6F13D428AC6D Eastern Turf Maintenance, Inc. December 19, 2018 Orange County Parks &Rec - Cedar Grove Jonathan Dail 5800 NC Hiway 86 N Hillsborough, NC 27278 j da.il @orangec ountyn c.gov Jonathan, Thank you for allowing Eastern Turf Maintenance the opportunity to provide a,proposal for the Derange County Parks & Rec fields. Eastern Turf Maintenance proposes to do the following: Edging three infields $80O Edging warning tracks $1,275 Cutting out grass & adding screenings $1,00 TOTAL, $3,075 Should you have any questions, please feel free to contact Barad Sutton at 919.427.5249 or Kenny Carrick at 919.669.9923. We look forward to the opportunity to work with you. 3305 Anvil Place Raleigh,NC 27603 Office: (919) 571-9990 Fax: (919) 571-9995 New Bern(252) 247-5296 • www.etmlawneare.eom 6 Wilmington(910) 755-5295