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HomeMy WebLinkAbout2015-435-E DEAPR - Fortress Fencing, LLC for fencing $4,865 DocuSign Envelope ID: C72D43B7-1718-4A41-BC3B-32937EBA26FD [Departmental Use Only] TITLE Efland Fencing FY 2016 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 10th day of August, 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, (the "County"), party of the first part; and Fortress Fencing, LLC (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: Provide and install approcimately 516' of split rail fencing per specifications and site plan provided. Provide additional materials for in-house repairs per specification. The term of this agreement rendered shall be from August 10, 2015 to October 10,2015. 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 frilly competent, professional and tiniely 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 Agrecuicnt, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS I. Pa, nit: 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 four thousand, eight hundred and sixty-five dollars,($4,865). Payment shall be made within thirty(30)days of all invoice properly submitted to County. Should Provider fail to perform its duties under the tcrms 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 hercof 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: Tile 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. Tile 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. 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 County Revised 10114 1 DocuSign Envelope ID: C72D43B7-1718-4A41-BC3B-32937EBA26FD Risk Transfer Policy arad Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at littp:/loran egcoun_ nc.gov/ptircliasii3 contracts.asp). If Owner'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 Owner's Risk Manager. 5. lndemni : 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. 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 A reement 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 IA and Article 40 of North Carolina General Statute Chapter 66, 8. Priori!y: 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. Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Should tither 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 ill 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 anti-discrimination laws. 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with respect to a►ly 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 finding 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 finds. [SIGNATURE PAGE TO FOLLOW] Revised 10114 2 DocuSign Envelope ID: C72D43137-1718-4A41-BC3B-32937EBA26FD IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER -DocuSig ned by: DocuSigned by: By: j�jOV�,kAf- C1Mmtrs By: Ie& P raiS utyy99S'®moger 48DB948E675A420... 200 S. Cameron St. Rick Paradis,Fortress Fencing P.O. Box 8181 402.Tones Ferry Rd. Hillsborough,NC 27278 Carrboro,NC 27510 i Revised 10114 3 DocuSign Envelope ID: C72D43B7-1718-4A41-BC3B-32937EBA26FD 1 0 DATE(MMIDDIYYYY) AC"Ro CERTIFICATE OF LIABILITY INSURANCE ��. 08/07/2015 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(les)must be endorsed. If SUBROGATION 19 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 Ileu of such endorsemont(s). CONT PRODUCER ACT NAME: Charlie Dickerson The Insurance Pros.Inc. PHONE E t. 919 294-6613 FAArc NO: 866 294-9470 1210 Cole Mill Road E-MAIL Suite 101 ADDRESS:charlie@insuranceprosonline.com _ Durham,NC 27705 INSURERS AFFORDING COVERAGE NAIC N INSURERA;Erie insurance Exchange INSURED INSURER B:Erie Insurance Exchange Fortress Fencing,LLC INSURERC:Erie Insurance Exchange Po Box 1377 Carrboro,NO 27510-3377 INSURER D:Insurance Solutions 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 SUBJE=CT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY MIDDIYYYY MMI DYIYYYY LIMITS LTR 2/2212015 2122/2016 A X COMMERCIAL GENERAL LIABILITY Q382250720 EACH OCCURRENCE S" 1000000 DAMAGE T CLAIMS-MADE � OCCUR PR",SS EaEomnence $ 1000000 IVIED EXP(Any one person) $ 5000 ,, PERSONAL e.ADVINJURY $ 1000000 GEN'L AGGREGATE UMIT APPLIES PER: GENERAL AGGREGATE $ 2000000 PPI RL3CY PRO LOC PRODUCTS-COMPIOP AGG $ 2000000 JECT OTHER: H AUTOMOBILE LIABILITY Q0222g0032 2/2212015 2122/2016 E acc"EDISINGLE LIMIT S 1000000 X ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Peraccident) S X H REp AUTOS X AUTOS QED PROPERTYOAMAGE $AUTOS Per accident 5 C UMBRELILIAB IAB X to CCUR Q262270226 2/22/2015 2/22/2016 EACH OCCURRENCE $ 1000000 EXCESS LAIMS-MADE AGGREGATE S 1 000000 DED RETENTION$ S D WORKERS COMPENSATION VVC100-0007808-2014A 3/9/2015 3/9/2016 X STATUTE ER AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE Y� NIA E.L.EACH ACCIDENT 5 1000000 OFFICERIMEMBER EXCLUDED? (Mandatory In NH) E.L,DISEASE-EA EMPLOYE S 10000170 If yes,describe under 1000000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY L1h41T $ DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES(ACORD 101,Addi(lonal Remarks Schedule,may he attached If more space Is requlred) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ORANGI=COUNTY DEAI'R THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO O BOX 8181 ACCORDANCE WITH THE POLICY PROVISIONS. HILLSBOROUGH NO 27278 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26(2014101) The ACORD name and logo are registered marks of ACORD