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HomeMy WebLinkAbout2016-232-E DEAPR - Fortress Fencing, LLC for fencing at Blackwood Farm Park DocuSign Envelope ID:867DEFE0-8479-41E4-92D5-D9A2289F2942 [Departmental Use Only] TITLE Blackwood Fencing FY 2016 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 20th day of April, 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 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: Fortress Fencing will provide 4'-Cedar Post & Wire fencing including labor and materials to construct approx. 85' of 4' tall cedar tree post with 2x4x48 12 gauge welded wire. Assumes using natural cedar tree post set in wet mix concrete with heavy gauge galvanized welded wire. Includes 2-4' wide walk gates, assumes gates to be constructed from rough sawn lx6 lumber with black powder coated steel gate hardware. Fortress will also provide 3'- 2 Rail Cedar Split Rail fencing, including labor and materials to construct approx. 160' of 3' tall 2 rail cedar split rail fencing, assumes using no concrete on any of the post in this sections.No gates for this section. The term of this agreement rendered shall be from April 20,2016 to May 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 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. Pa• tip rent: 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, eight hundred five dollars, ($3,805). 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 nay, 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. Revised 1116 1 DocuSign Envelope ID:867DEFE0-8479-41E4-92D5-D9A2289F2942 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insuurance, 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 (cacti document is incorporated herein by reference and may be viewed at http://www.oratigecoLitityiic.gov/departmeiits/purchasitig division contracts. h . If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of n/a (if no additional insurance requh.ed 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 IA 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 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. 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. H, 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 finds 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. Revised 1/16 2 DocuSign Envelope ID:867DEFE0-8479-41E4-92D5-D9A2289F2942 [SIGNATURE PAGE TO FOLLOW] Revised 1/16 3 DocuSign Envelope ID:867DEFE0-8479-41E4-92D5-D9A2289F2942 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: jbin In tt l�aw.w�t vS By: I�tG�C av'a S Co --'y6iSYHkk7MWT77... Title• 48D8948E675A420 200 S. Cameron St. Rick Paradis, Fortress Fencing P.O. Box 8181 P.O. Box 1377 Hillsborough,NC 27278 Carrboro,NC 27510 Revised 1116 DocuSign Envelope ID:867DEFE0-8479-41E4-92D5-D9A2289F2942 ILL pA. BOX 1377 CARRB0130, NORTH CAROLINA 27510 Office: 919-960-2911 fax: 919-960-2926 michaelRfortressfencin rlg e.com CONTACT: Keith Barnhardt ADDRESS: 4215 NC 86 Hillsborough NC Phone Number: 919-612-6685 PRESENTED BY: Michael Wright- cell phone: (919) 608-3928 Foro-ess Feizcing LLC will fin-nish and install: 4'-Cedar Post & Wire Fortress Fencing LLC proposes to provide labor and materials to construct approx. 85' of 4' tall Cedar Tree post with 2x4x48 12 gauge welded wire. Assumes using natural cedar tree post set in wet mix concrete with heavy gauge galvanized welded wire. includes 2-4' wide walk gates, assumes gates to be constructed from rough sawn 1x6 lumber with black powder coated steel gate hardware. $2180.00 3'- 2 Rail Cedar Split Rail Fortress Fencing LLC proposes to provide labor and materials to construct approx. 160' of 3' tall 2 Rail Cedar Split Rail, assumes using no concrete on any of the post in this sections, per customer request. No gates. $1625.00 Estimate expires in 30 days Additional 3% Charge for use of Credit/Debit Card To accept this proposal and authorize work to be completed, please sign and date below and return with deposit of 50% of total price. Name Date Total Price$ Check# Date Pricing excludes surreying raid/or engineered cis-Guilts, marking prii,ate refilities,grounding offence, excavation in rock or concrete, clearing,grading, Welding,ground sleeves, remos,al of digging spoils, core drilling, tuff repair or seeding unless specifically lister!above. We appreciate the opporttwity to quote this rvork. An X); l DocuSign Envelope ID:867DEFE0-8479-4l E4-92D5-D9A2289F2942 0 DATE(MMn3D1YYYY) A o CERTIFICATE OF LIABILITY INSURANCE 04/1912016 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 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 riot confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER ONTA T NAME: Charlie Dickerson The Insurance Pros. Inc. PHONE 0191294-6613 FAX No: 866 234-9470 1210 Cole Mill Road -MAIL SUile 101 ADDREss:Charlie insurance rosonline.com Durham,NC 27705 INSURER 5 AFFORDING COVERAGE NA1C# INSURERA:Erie Insurance Exchange INSURED INSURERe;Erie Insurance Exchange Fortress Fencing,LLC INSURERC:Erie InSU€ance Exchange Po Box 1377 Carrboro,NC 27510-3377 INSURER D:InSUraI1CC SDIUtiORS 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 TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY JYYYY P�MI�AIY YY LIMITS LTR A X COMMERCIALGENERAWABILITY Q382250720 2/22/2016 2/22/2017 EACH OCCURRENCE $ 1000000 CLAIMS-P.SADE OCCUR PREM SES EaLoccunDence S 1000000 MED EXP(Any one person) $ 5000 PERSONAL&ADV INJURY $ 1000000 GENL AGGREGATE LIMIT APPLIES PER' GENERAL AGGREGATE $ 2000040 X POLICY❑PRO JECT 1-1 LOC PRODUCTS-COMPIOPAGG S 2000000 OTHER: $ B AUTOMOBILELIABILITY Q022240032 2/22/2016 2122/2017 EOP BI%EDSINGLELIMIT $ 1000000 I X X ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS ONLY AUTOS HIRED NON-OWNED PROPER,1 DAMAGE $ AUTOS ONLY X AUTOS ONLY Per acc dent $ C UMBRELLA LIAB X OCCUR Q262270226 2122/2016 2/22/2017 EACH OCCURRENCE $ 1000000 x EXCESS LIAR CLAIMS-MADE AGGREGATE $ 1000000 DED 1 0 1 RETENTION$ $ D N10RKERS COMPENSATION WC100-0007808-2014A 3/0/2016 3/9/2017 X STATUTE EORH jPLR AND EMPLOYERS'LfABILITY AtJYPROPRIETOP/PARTNER/EXECUTiVE Y❑ NIA E.L.EACH ACCIDENT $ 1000000 OFFICER.I.IFM HER EXCLU DED? (Mandatory In NH) EL DISEASE-EA EMPLOYEE $ 1000000 If yes,describe under DESCRIPTION OF OPERATIONS Wow E1.DISEASE-POLICY LIMIT S 1000000 E DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES (ACORD 101,Additional Rernailks Schedule,may ba Attached If Moro space Is required) 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 PO BOX 8181 ACCORDANCE WITH THE POLICY PROVISIONS. HILLSBOROUGH NC 27278 AUTHORIZED REPRESENTATIVE - ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD