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HomeMy WebLinkAbout2017-570-E DEAPR - Fortress Fencing to replace fencing in disrepair DocuSign Envelope ID:A46FFBEB-E499-450D-B968-F18A0432F90F NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 11th day of October, 2017 by and between Orange County, North Carolina (hereinafter the "Owner") party of the first part; and Fortress Fencing LLC (hereinafter the "Contractor"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the Owner hereby contracts for the construction services of the Contractor, and the Contractor agrees to provide the construction services to the Owner in accordance with the terms of this Agreement. 1. TERM AND MAXIMUM AMOUNT PAYABLE Beginning and ending dates of contract: 10/11/2017 through 1/26/2018. The Project Commencement Date shall be November 6, 2017. Dollar Amount Not to Exceed: sixteen thousand, four hundred, eighty dollars ($16,480.) 2. SERVICES Contractor agrees to provide the following construction services (the "Work"): Provide materials and install new chain link fencing, posts and gate along approximately 1,150 linear feet of property line. Remove and dispose of existing fencing and posts. Per specs and attached proposal dated 10/3/2017. Contractor shall not sub-contract all or any part of the construction services provided for in this Agreement without prior written approval of the Owner. Contractor shall be responsible for all errors or omissions, in the performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to Owner. 3. PAYMENT Contractor shall submit an invoice for construction services provided. The invoice shall contain Contractor's name and federal tax identification number and shall be signed and dated by an officer of Contractor. It shall detail all construction services provided in payment requests. The Owner will make payments to Contractor within thirty (30) days after receipt of and approval of the invoice by the contracting department. In the event the amount stated on an invoice is disputed by Owner, then Owner may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. In addition, should Contractor fail to perform its duties under the terms of this Agreement, Owner may, without fault or penalty, withhold any payment associated with the Work to be performed until such time as said work is completed. 4. RELATIONSHIP OF PARTIES Contractor is an independent contractor of the Owner. Contractor represents that it has or will secure, at its own expense, all personnel required in performing the construction services under Revised 2/17 1 DocuSign Envelope ID:A46FFBEB-E499-450D-B968-F18A0432F90F this Agreement. Such personnel shall not be employees of or have any contractual relationship with the Owner. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized or permitted under state and local law to perform such construction services. It is further agreed that Contractor will obey all State and Federal statutes, rules and regulations which are applicable to provisions of the construction services called for herein. Neither Contractor nor any employee of the Contractor shall be deemed an officer, employee or agent of the Owner. 5. SUSPENSION AND TERMINATION This Agreement may be terminated by Contractor upon thirty (30) days' written notice to the Owner, and the Owner may terminate this Agreement upon thirty (30) days' written notice to Contractor. Owner may suspend the Work at any time for Owner's convenience and without penalty to Owner upon three (3) days' notice to Contractor. Upon any suspension by Owner Contractor shall discontinue the Work and shall not resume the Work until notified to proceed by Owner. The notice required by this section or any other notice shall be delivered via certified mail, return receipt requested to the parties at the addresses as shown on the signature page to this Agreement. Such notice is deemed given upon its delivery to, or deposit in a receptacle of, the United States Post Office. 6. INSURANCE REQUIREMENTS Contractor 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 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.gov/departments/purchasing_division/contracts.php). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here n/a (if no additional insurance required mark N/A as being not applicable). Contractor shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 7. INDEMNIFICATION Contractor agrees to defend, indemnify, save, and protect Owner and Owner's lender, if any, harmless from and against any and all claims, liens, liabilities, losses, damages, causes of action, and expenses (including court costs and reasonable attorney's fees related thereto) arising out of, in connection with, or resulting from any negligence, act or failure to act by the Contractor, the Contractor's agents, assigns or employees resulting in property damage or personal injury, including death, or other loss related to the Work. Contractor is responsible for all errors or omissions caused by its agents, contractors, employees, or assigns in the performance of this Agreement. It is the intent of this section to require Contractor to indemnify the Owner to the full extent permitted under North Carolina law. 8. NON-ASSIGNMENT Contractor shall not assign all or any part of this Agreement, including rights to payments,to any other party without the prior written consent of the Owner. 9. NON—APPROPRIATION Revised 2/17 2 DocuSign Envelope ID:A46FFBEB-E499-450D-B968-F18A0432F90F Contractor acknowledges that Owner 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 Owner's obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice to Contractor of the unavailability and non-appropriation of public funds. It is expressly agreed that Owner shall not activate this non- appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the Owner's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects Owner's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to Owner upon written notice to Contractor of such limitation or change in Owner's legal authority. 10. DISPUTE RESOLUTION Any dispute with respect to any provision of, or the performance or non-performance of, this Agreement shall be subject to the Dispute Resolution Rules and Procedures for Orange County Design, Building Construction, Renovation, and Repair Projects. The policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php). 11. ENTIRE AGREEMENT The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it, together with specifically referenced documents, constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified by a written amendment to this Agreement signed by the parties. Modifications may be evidenced by telefacsimile signatures. Should any conflict arise in the terms of any documents referenced herein and this Agreement the terms of this Agreement shall be given priority and shall control over all other such documents. Should a request for proposals and a proposal be referenced the terms of the request for proposals shall have priority over the terms of the proposal. 12. COMPLIANCE WITH LAW/GOVERNING LAW Both parties.agree that this Agreement shall be governed by the laws of the State of North Carolina and any action brought under this Agreement shall be brought in the General Court of Justice of the State of North Carolina in Orange County. Contractor 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 non-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.orangecountync.gov/departments/purchasing division/contracts.php). Any violation of the Orange County Non-Discrimination Policy 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 Contractor affirms that Contractor and any subcontractors of Contractor are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Contractor certifies that Contractor has not been Revised 2/17 3 DocuSign Envelope ID:A46FFBEB-E499-450D-B968-F18A0432F90F identified, and has not utilized the services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-86.58. 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 intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. [SIGNATURE PAGE TO FOLLOW] Revised 2/17 4 DocuSign Envelope ID:A46FFBEB-E499-450D-B968-F18A0432F90F IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORANGE COUNTY CONTRACTOR DocuSigned by: DocuSigned by: Iy B rt /00 S Estimator B �jOV�,l�t,tf, C1AaMIMt,V'S�,i� lu(,� a.l C ty7Ma ni5_-•r_ Ri -sdis7,5 tanager 200 S. Cameron St. Fortress Fencing LLC P.O. Box 8181 402 Jones Ferry Rd. Hillsborough,NC 27278 Carrboro,NC 27510 Revised 2/17 5 DocuSign Envelope ID:A46FFBEB-E499-450D-B968-F18A0432F90F DATE(MMIDDIYYYY) AC OR CERTIFICATE OF LIABILITY INSURANCE 10/10/2017 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 CONTACT NAME: Charlie Dickerson PHONE 919 294 6613 FAX No): (866)294 9470 The Insurance Pros.Inc. wvc.No.Ext): (919)294-6613 1210 Cole Mill Road E-MAIL ADDRESS: charlie@insuranceprosonline.com Suite 101 INSURER(S)AFFORDING COVERAGE NAIC# Durham NC 27705 INSURERA: Erie Insurance Company 26271 INSURED INSURERS: Erie Insurance Company 26271 Fortress Fencing, LLC INSURER C: • Po Box 1377 INSURERD: Flagship City Ins Co 35585 Carrboro, NC 27510-3377 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO INDICATED.CERTIFY POLICIES OF INSURANCE LISTED NT, TERM OR CONDITION HAVE BEEN ISSUED OF ANY CONTRACT OOR OTHER DOCUMENT FOR THE RESPECT POLICY PERIOD 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. ILTR ADDL SUER POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDD YYYY) (MM/DD YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1000000 �/ DAMAGE TO RENTED 1000000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ MED EXP(Anyone person) $ 5000 A N N Q38-2250720 02/22/2017 02/22/2018_PERSONAL&ADV INJURY $ 1000000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2000000 X POLICY 5P81: LOC PRODUCTS-COMP/OP AGG $ 2000000$ OTHER: COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY (Ea accident) $ 1000000 X ANY AUTO BODILY INJURY(Per person) $ 01 SCHEDULED AUTOS N N Q02-2240032 02/22/2017 02/22/2018 BODILY INJURY(Per accident) $ B AUTTOS OS ONLY PROPERTY accident) AGE $ X HIRED X AUTOS ONLY (Per accident) _. AUTOS OtJLY AUTOS ONLY $ UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 1000000 C X EXCESSS LLIAB X CLAIMS-MADE N N WC100-0007808-2014A 03/09/2014 03/09/2015 AGGREGATE $ 1000000 DED X RETENTION$ $ WORKERS COMPENSATION X STATUTE OTH AND EMPLOYERS'LIABILITY YIN E.L.EACH ACCIDENT $ 1000000 ANY PROPRIETOR/PARTNER/EXECUTIVE ER/MEMB RlEXCLUDEDXECUTIVE N/A N Q87-5900217 03/09/2017 03/09/2018 D (mandatory in N E.LDISEASE-EAEMPLOYEE $ 1000000 (M1landatorym NH) If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1000000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER -CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ORANGE COUNTY DEAPR ACCORDANCE WITH THE POLICY PROVISIONS. PO BOX 8181 AUTHORIZED REPRESENTATIVE I NC 27278 Fax: Email: ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:A46FFBEB-E499-450D-B968-F18A0432F90F ORANGE UNTY NORTH CAROLINA Asset Management Services and Environment, Agriculture, Parks and Recreation Bid Specifications and Proposal Form Whitted Complex Perimeter Fence Removal and Replacement 300 West Tryon St., Hillsborough, NC 27278 Project Pricing- Please provide your price for this project in three parts: Materials and installation 1)"280'section from location near W.Tryon St., north to top of grade at property line. 2)"142' section from section 1 corner post,west to location near parking lot tbd onsite. Include removal of existing fencing material. 3) "745' three sided section from section 2 corner post, north,west and south around field, ending at driveway entrance.This section includes 1 swing gate-36"inside opening,swings out toward neighbor's yard. Include removal of existing fencing, including posts,fabric and concrete General Requirements and Conditions: • Orange County will remove many of the nuisance Ailanthus trees and stumps,where possible, in the north south tree line on east end of parking lot and field.This work is to be completed before the fencing project begins. • Measurements are estimated and are to be verified by contractor. • Contractor is to call for utility mark outs along Queen St and Hassel St. Contractor is also responsible for private water,sewer,electric and fiber mark outs along internal fence lines. • Contractor must secure equipment and materials,clean up trash and debris on site at the end of each work day. Work area must be safe and without hazards before departure. Removal of Existing Fence: • Contractor will cut posts and fabric down to a few inches below grade in areas where the surrounding grade has risen above the bottom of the fence. Below grade posts,fabric and fence should be left in place in these areas to deter erosion. (within section 3 above). Also,within this N/S stretch, posts and fabric may need to be cut below grade along"90'section north and in addition to above to avoid damage to a low stone wall. • Remaining fence removal beyond this point should be standard. • All of the fencing material removed to be hauled away,except.... • Beyond Fences,a charitable doggie organization would like some sections of rolled"15 feet of the old fencing if possible. They will pick up. Material Specification and Installation of New Fencing: • All materials used,including clips and fasteners shall be galvanized,black vinyl or polyester coated. • Fabric in Part 1 and 2.—2" mesh, 5' high residential, knuckle x knuckle,chain link fabric 13 gauge extruded,with 9 gauge finish. • Fabric in Part 3—2"mesh 5' high commercial class 2b, knuckle x knuckle,chain link fabric fused and bonded 9 gauge finish. DocuSign Envelope ID:A46FFBEB-E499-450D-B968-F18A0432F90F • Line Posts—Part 3 -2", 15 ga.,commercial grade with caps; Part 1&2-residential grade 1 7/8", 16 ga.with caps; 24" deep in concrete 4 x post diameter; uniformly-no more than 10'apart. Verify posts are set plumb. • Terminal Posts—2.875", 15 ga.,with caps. Installation same as line posts. • Top Rail—1 5/8", attached securely to each gate,corner and end post. • Bottom Tension Wire—consistent with above specs throughout,7 gauge coil spring,no more than 6"above bottom of fabric.Tie to each post with same material. • Install along location of previous fencing except in section 2—install between old fence line and Magnolia trees. Do not damage Magnolias. In section 3--In foliage dense area,install on Orange County side of tree line, (except Walnut)as close to previous fence as possible,keeping new fence line straight throughout run. • Apply fabric to outside of enclosing framework. Leave 2" between finish grade and selvage. Pull fabric taut and tie to posts, rails and tension wires. Anchor to framework so fabric remains under tension after pulling force is released. • Tie wires—firmly secure fabric to line posts and rails per ASTM F626 standards. Maximum of 12"spacing • Install 36"Swing Gate,welded frame corner construction in previous location. Use commercial specs.Adjust and align for smooth operation throughout range. • Leave opening in fence at existing Queen St location. Bid submitted for above work at the Whitted Complex,completed in a substantial workmanlike manner within 60 days of authorization to proceed. Part 1: $ 4 /60, 00 Part2: $ / B3C7 , 00 Part 3: $ //J 6-6-0 °'t7 Total Project Bid: $ /6, 1113o 7 ,,, ---e Name: "z' � t/aClr Date: �d// Authorized signature: 0 Company name: ;gi2.F5r I �Nutkr6- 4,4,C Orange County Contact: Address: :1/P2- ,j N' Fe-of &Apo e cAP,AwO Lori Taft—Itaft @orangecountvnc.gov Person authorized to sign//OC contract,Title and email: 919 245-2673 Name; * rC' ?cvtl1(�/� Title,__ Email:re c/g(G? y'Ae,e,5 ilcin�e/f1G. . OL>lr Angel Barnes-abarnes @orangecountync.gov Project ont ct person: -' " .1'—t'- `PARM)(S 919 245-2628 Phone/7)960-0.. ? Email: Return completed proposal to Lori Taft—Itaft @orangecountVnC.gov by October 4,2017