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Home My WebLink About2016-233-E DEAPR - Fortress Fencing, LLC for fencing for backstop at CG Park DocuSign Envelope ID:9F423729-A57A-4E25-8C7D-5BDA1666lB7A [Departmental Use Only] TITLE Repair CGP Backstop FY 2016 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 26t1, 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 materials and replace backstop, wings, and overhang with fencing materials as specified in quote attached. Fortress will remove and haul any demolished materials. The term of this agreement rendered shall be from April 26,2016 to June 30, 2016. Provider represents and agrees that Provider is qualified to perform and frilly capable of performing and providing the services required or necessary tinder 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 four thousand, five hundred forty-five dollars, ($4,545.). 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 be required by County's Risk Manager as such insurance requirements are described in the Orange County Revised 1/16 1 DocuSign Envelope ID:9F423729-A57A-4E25-8C7D-5BDA16661B7A Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at littp://www.oraiigecoutitvtic.gov/departliients/pLirchasit)g division/contracts.ghp). 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 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. 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: Tire 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 lA and Article 40 of North Carolina General Statute Chapter 66. S. Priority:ority: 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 an}'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 fiords are unavailable and not appropriated for the performance of County's obligations €order 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 1/16 2 DocuSign Envelope ID:9F423729-A57A-4E25-8C7D-5BDA16661B7A IN WITNESS WHERE,E,OI , County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE COUNTY PROVIDER DocuSigned by: DocuSigned by: By: jbV�In 1t �aw�t VS By: a(k ma S 11[ #s1�"36 !' l ltl 48D894AF .42x- 200 S. Cameron St. Rick Paradis, Fortress Fencing P.O. Box 8181 P.O. Box 1377 Hillsborough,NC 27278 Carrboro,NC 27510 r Revised 1116 3 DocuSign Envelope ID:9F423729-A57A-4E25-8C7D-5BDA1666lB7A FORK-T�ESS FENCI Qt LLC PO BOX 1377, CARRBORO, NC 27510 402 Jones Ferry Road Carrboro,NC Office: 919-960-2911 fax: 960-2926 PRROPOSAL April 25,2016 CONTACT: Orange County Parks and Recreation- Dan Derby ADDRESS: 5800 HWY 86N Hillsborough, NC PRESENTED BY: Rick Paradis rick(a) -tressfencin�nc.coin (919) 730-3459 FORTRESS FENCING PROPOSES TO FURNISH AND INSTALL, Backstop (behind home plate): Replace 20 LF of existing Nvire with of 6 Ga. Class 2b Black Backstop Winj4s: Replace 60 LF of existing 10 ft. tall wire with new 9 ga. core class 2b black wire Overhand: Replace with black class 2b 9 ga. core chain link fabric, re-tie chain link. Haul and Scrap: Remove, haul and scrap all demolished wire and pipe as necessary. Price: 4,545.00 ------------------------------......__---__....---------------------------------------------------------------------------- PaJucent is to be executer/as follows: Fifty percent of this amount may be required for special order material and security deposit due upon contract signing prior to the start of aii),work. Upon satis factor),completion of the project,final payment is due. Late payment will be assessed a 1.5%per month penaI4 Total Price; -Deposit Cheelc# Balance Customer Signalam, Date: Salesman: Pricing twcludes sum Bing marking private utilities,evcrrration in rock or concrete,clearing,grading, removal of the Rigging spoils,core drilling,turf repair or seeding unless specifically'listed above. We alyweiale the oppornrnity to quote this work. DocuSign Envelope ID:9F423729-A57A-4E25-8C7D-5BDA1666lB7A p DATE(PAPNOD/YYYY) AcoRO CERTIFICATE OF LIABILITY INSURANCE 1�1 1 0411912016 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 endorsement(s). PRODUCER NAME: TCharlie Dickerson The Insurance Pros,Inc. PHONE 919 294-6613 uc No: 866 294-9470 1210 Cole Mill Road .MAIL Suile 101 AODRESS•charlie insurance rosonline.cona Durham,NC 27705 INSURERS AFFORDING COVERAGE NAIC# INSURERA:Erie Insurance Exchange INSURED INSURERB:Lrie InSUranCe Exchange FOriress Fencing,LLC INSURER C:Erie InSUrante Exchange Po Box 1377 Carrboro,NC 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 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBR POLICY EFF POLICY EXP LIrA1TS LTR TYPE OF INSURANCE POLICYNUMBER rd1.UDDfYYYY FAWDDJYYYY A X COMMERCIALGENERALLIABILITY 0382250720 212212016 2/2212017 EACHOCCURRENCE $ 1000000 DAMAGE TORE JTED CLAIMS-MADE I—XI OCCUR PREMISES Ea occurrence $ 1000000 MED EXP(Any one person) $ 5000 PERSONAL&ADVINJURY $ 1000000 GEN'L AGGREGATE LIMIT APPOESPER, GENERAL AGGREGATE $ 2000000 X POLICY D JECO T PR [J LOC PRODUCTS-COMP/OPAGG $ 2000000 $ OTHER. B AUTOA90BILELfABILITY 0022240032 2!2212016 2122!2017 SINGLE LIMIT $ 1000000 X ANY AUTO BODILY INJURY(Per person) S 01hNED SCHEDULE rJ BODILY INJURY(Per accident) S AUTOS ONLY AUTOS HIRED NON-O'AlNEO PROPERTY DArAAGE S X AUTOS ONLY Ix AUTOS ONLY IPer act dent S C UMBRELLALIA13 i x OCCUR 0262270226 2122!2016 212212017 EACHOCCURRENCE $ 1000000 x EXCESS LIAR CLAIMS-MADE AGGREGATE $ 1000000 DEC RETErdTION$ 1 $ D WORKERS COMPENSATION WC100-0007808-2014A 3{9!2016 319/2017 X STAFUTE ER" AND EMPLOYERS'LIABILITY YIN ANYPROPREETOMPARTNERIEXECUTWE ❑ N rA E.L_EACH ACCIDENT $ 1000000 OF F1 CEPJM EM BER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S 1000000 if yas,describe under 1000000 DESCRIPTION OF OPERATIONS h,-Tow E.L.DISEASE-POLICY LIMIT $ E DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES (ACORD 101,Additional Remarks Schedule,may bo attached if more space is requ[red) 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 OR OR BOX 8181 ACCORDANCE WITH THE POLICY PROVISIONS. HILLSBOROUGH NC 27278 AUTHORIZED REPRESENTATIVE O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016703) The ACORD name and logo are registered marks of ACORD