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Home My WebLink About2016-272-E DEAPR - Fortress Fencing, LLC to repair, replace fencing 000wSWn Envelope ID:*@E0rrr0-COAr-40o0-a5r5-00543r84Er44 [Departmental Use Only] TITLE Fortress-CGPdngoutm FY 2016 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and ou0ormd into this |D(b day of May, 2016` ("Effective Da1c") by and between Oxmugm County' North Carolina, u political subdivision of the State of North Carolina, (the '/Coon(Y"), party ofthe first part; and Fortress Fencing,LLC(the "Provide/') party o[the second part; W I1rN ESS EZH' For the purpose and subject 10 the terms and cuuddiwom hereinafter set D»dh^ the County hereby contracts for the services of the Provider, and the Provider ngrmox to provide the tbUo,vkxg services to the [ouutyin accordance with the terms of this Agreement, time being of the essence: The services and/or rontmdulm /hm,m|onftcr referred to collectively as "Services") to be furnished under this Agreement are oa fb||on*: Repair and replace field 2 dugout fencing (portion past backstop wings): Replace between 90-100 LF of existing wire with of 9 Ga. Class 2b Black fused and bonded chain link fabric and ties using existing framework and fittings. Includes any stretch of dugout fencing that call bc accomplished after both field frontages are completed. Removal, buu\ioOnnd scrapping to be done by others The term ny this agreement rendered shall be from May l0' 2Ol6tn June 3O, 20l6. Provider represents and agrees that Provider imqualified to perform and h/|ly capable of performing and providing the services required or necessary under this Agreement in u ft|Uy competent, professional and timely manner to the mutimDyo1iou of the County. Provider shall be responsible for all errors oronuianions, in the performance of the Agreement, Provider ubu|| correct any and all errors, o/ainnioam' diynooynooieo, ambiguities, mistakes orconflicts at no additional cost hmthe County. Provider agrees that Provider shall out m|b-nVn|ruc\ any of the msrvinmn to be provided in this Agreement, nor ohuU Provider nwyi@V/ any right or responsibility granted or required bv this Agreement,Without the prior written approval oC the County. SPECIFIC TERMS i Payincil : The County agrees to, pay at the coiva specified for Services mu{imDmkvi|y performed in accord with this »\g,cmnmcut. The au/ouut 0o be paid by the County ahoU not exceed onothousand, seven hundred [bdy dollars, ($1,740.). Payment mhuU be unwdu within thirty (]Q) days of all invoice property submitted to County. Should Provider fail to perform its dwiium under the terms of this /\gremoeoL County may, without fault or peuo|tY` r/|ibho|d any payment associated with the work to be pnrhanncd uuti|uxd) time as said work is completed. 2, : Failure hv County at any time kv require the performance hv Provider ofany of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, not- shall nnynn{vorh«tbeCouoiynCauybr#nchbchcld1ohour/uivmroYauyauooccdingbr#ao]zu«una[vorof this Non-Waiver Clause. 3. Independent Contractor: The Provider ohuU operate as all independent contractor and the County shall not be responsible for any of the Provider's acts nromissions. The Provider shall not be heated as all employee with rmmpcnttothe 8mrviooa performed hereunder for federal o« 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 oil behalf of the Provider or the employees mfthe Provider, '[ Insurance: Provider mhoU obtain, at its sole expense, Commercial K)eoern| Liability Insurance, /\ukxmob||o lnaunzncm` \vcvkorm` Compensation Insurance, and any additional insurance as may Revised 1/16 DocuSign Envelope ID:A8E67FF6-COAF-46DO-B575-00543F84EF44 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.goy/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, inden€nify, 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 oil 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 Si natures: 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 tl€e intent of the Parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. 8. Priority: ]it 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 it] the General Court of Justice of North Carolina sitting in Orange Count),,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 fielding under the authority of its statutory mandate. in tile event that public fiinds 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 note-appropriation of public funds. [SIGNATURE PAGE TO FOLLOW] Revised 1/i6 2 DocuSign Envelope ID:A8E67FF6-COAF-46DO-B575-00543F84EF44 IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER D S gned by. DOCUSIgned by: By: r—�60VC ' uuVut't' Rmtrs" By: K& pareuks — &Uak)iMgg4pr I Tit10--48DB948E675A420 200 S. Cameron St. Rick Paradis, Fortress Fencing P.O. Box 8181 P.O. Box 1377 Hillsborough,NC 27278 Carrboro,NC 27510 Revised 1116 3 DocuSign Envelope ID:A8E67FF6-COAF-46DO-B575-00543F84EF44 DocuSign Envelope ID:9F423729-A57A-4E25-8C7D-5BDA16661B7A p DATE(MINODt M) AC"Rnl CERTIFICATE OF LIABILITY INSURANCE F 111 .- o4/19rzo 116 THIS CERTIFICATE IS ISSUED AS A (NATTER 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 Ute certificate holder Is an ADDITIONAL INSURED,the pollcy(los)must have ADDITIONAL.INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the tornts and conditions of the policy,certain policies may require ail ondorsorriont. A statemoat on this cer(IfIcato does trot confer rights to(Its certificate holder In lieu of such endorsentont(s). Co PRODUCER frArdE; Charlie Dickerson The Insurance Pros.Inc. I oNS :(919)294-6613 C rta:(866)294-9470 1210 Cole Mill Road Suite 101 n IL •chadlecrMAI! ncal�rosonilne.com DUfham,NC 27705 IItSUR+rS}AFFOROIttOCOVERAt3E NAiCN INSURERA:Erle Insurance Exchange INSURED tUSURERUP10lnsuranco Exchan 0 Fortress Fencing,LLC IN$URERC:Erie Insurance Exchange Po Box 1377 tnSUZaITCe Solutions Carfboro,NC 27510.3377 INSURERD: INSURER E INSURER F t 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, NOTWlTHSTANOINO ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WSTH 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. Ids ADD aR POLICYEFF POLICYVXP LIMEYS TYPE OF INSURANCE POLICY NUMBER 1 11ODrn`YYL MMIDDIYYYY A X COMMERCIALOENERALLIABILtTY 0382250720 212 6 212 7 EACH OCCURRENCE $ 1400000 . CLAIMS•rtADE OCCUR P K ws aooiuD $ .......^ 1000000 MEDEXP(Anyone rson) $ 6000 PERSOUAL&AOV INJURY $ 1000000 GFN'LAGOREOArEHMiTAPPOESPER-- GENERALAGGREOATE $ 2000000 X POLICY[A PRO• t J LOC PRODUCTS•COMPAIPAGO $ 2000000 JECT L_._.J OTHER: $ B AUTOrtOBILEUABILITY Q022240032 212212016 212212017 CO MB d t!SINGLE LIMIT 5 1000000 X ANY AUTO BODILY INJURY(PdrperSon) S OYt2ZED SCHEDULFO BODILY INJURY(Pe(acddem) S AUTOSONLY AUTOS HIRED X AUTOSOHLY X AUTO ONLY PROPERTYDAl,4AGE S We(PERT wjde It S C UMBRELLALIAS occUR 0262270228 212212016 212212017 eACHOCCURRFNGE $ 3000000 x EXCESS LIAR CLAIMS-MADE AGGREGATE s 11000000 DED o RETENBON$ s L) WORKERSCOMPENSATio.n WC100-0007808-2014A 3/9/2016 31912017 X sERLur, OATH AND EMPLOYERS'LtABILIrY YIN AttYPROPRIETORrPARTtIERtEXECUTIVC E,LEACHACCZDErrT $ 10QOU00 NIA OFFICEREMBER"CLUDED7 A,I F.L.(MandatoFy In rill) DISEASE•EA EMPLOYE $ 11000000 Ir yyes,dosuibo und SCRIP-HON OF OP ERAT3OZi5 6o:a,v E.L.DISEASE•POLICY LIMIT S 1000000 E DESCR IPnONOFOPERATIOdt$lLOCATIONS/VEHICLES(ACORDIO1,AdditionalRentat ksScheduro,mayhoattachtdifmo tstPaceltrequtred) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ORANGE COUNTY DEAPR THE EXPIRATION DATE THEREOF= NOTICE WALL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 HILLSBOROUGH NC 27278 AUTHORIZEOREPRESENTATIVE U 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 26(2016/03) The ACORD name and logo are registered marks of ACORD