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Home My WebLink About2017-718-E DEAPR - Fortress Fencing Efland DocuSign Envelope ID: FC3A78ED-426C-4495-821A-F3395259C5BC NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT(hereinafter"Agreement"), is made and entered into this 21 st day of November, 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; 11/21/2017 through 12/31/2017. The Project Commencement Date shall be November 30, 2017, Dollar Amount Not to Exceed:three thousand, four hundred, forty-five dollars ($3,445.) 2. SERVICES Contractor agrees to provide the following construction services (the "Work"): Furnish and install approx. 32' of 4' tall Black Vinyl Coated Chain Link Fence with 2-1/2"terminal post and 2" line post set in wet mix concrete, that extends up to bottom of play surface before Chain link mesh is added,with 1-5/8"top and bottom rail with 2"x8 black vinyl coated chain link. In addition, contractor will provide Baseball field chain link repair furnish and install new gate fork Latch, Re-attach Dug Out End Caps on Roof, Attach hood& Back stop with hog rings, Adjust gates, Install approx. 20' of 14' tali Chain Link Fabric, -Install Approx 30' of 10' tall Chain Link Fabric, Add Wire ties where needed, Cut Tension bar at gate. 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 perforna 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. Revised 2/17 1 DocuSign Envelope ID: FC3A78ED-426C-4495-821A-F3395259C5BC 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 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, S. 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 shalt 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 littp://,A,ww.ot-aiiger-otijitync.gov/departments/pLirchasing 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 NIA 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 fi•om 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 fill extent permitted under North Carolina law. S. NON-ASSIGNMENT Revised 2117 2 DocuSign Envelope ID: FC3A78ED-426C-4495-821A-F3395259C5BC 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 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.oran eg coun!ync.gov/departments/pureliasiiig division/contr•acts.plrp}. 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 brotight in the General Count 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 littp://www.oran eg count nne.gov/departments/purel-iasiiig 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 Revised 2/17 3 i I DocuSign Envelope ID: FC3A78ED-426C-4495-821A-F3395259C5BC 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 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 At 11 A and Article 40 of Not Carolina General Statute Chapter 66. [SIGNATURE PAGE TO FOLLOW] I Revised 2/17 4 I i i DocuSign Envelope ID: FC3A78ED-426C-4495-821A-F3395259C5BC IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORANGE COUNT' CONTRACTOR OocuSigned by: aocuSigned by: B CJE56wv�t, �q�pyEstimator �.00637994B755E477... Rif..,. 48DB948E675A420 lator 200 S. Cameron St. Fortress Fencing LLC P.O. Box 8181 402 Jones Ferry Rd. Hillsborough,NC 27278 Carrboro,NC 27510 Revised 2117 5 I DocuSign Envelope ID: FC3A78ED-426C-4495-821A-F3395259C5BC ® DATE(MMIEUYYYY) A 4C"R IJ CERTIFICATE OF LIABILITY INSURANCE 1011012a17 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 INSURERS), 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 th is certificate does not confer rights to the certificate holder in lieu of such end orsement(s). PRODUCER NAME:CT Charlie Dickerson Tile InSUranCe PTDS, Inc. PHONE (919)294-Fi613 LA No' (866)294-947a 1210 Cole Mill Road nDo%"Ess: chadte@lnsuranceprosonllne.com Suite 101 INSURER(S)AFFORDING COVERAGE NA{O4 i Durham NC 27705 INSURERA: Erie Insurance Company 26271 INSURED INSURER B: Erie Insurance Company 26271 Fortress Fencing,LLC INSURERC: Po Box 1377 INSURER D: Flagship City IRS Co 36W Carfboro,NC 27610-3377 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 FCR 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, _ I rA L POLICY EFF POLICY EXPLIMITS TYPE OF INSURANCE POLICY NUMBER MM'DDIYIYYY MMfoDIYYYYCOMMERCIAL GENERAL LI ABILnY EACH OCCURRENCE $ 1000000 CIAIMS-MADE �OCCUR PREMISEs(Eeoccurrence $ 1000000M€D EXP(AAn one person) $ 5000 N N Q38-2250720 02J2212017 02122/2018 PERSONAL&ADV INJURY $ 1000000 aEEN'L AGO RErDG--A�-T�1E LIMIT APPLIES PER: GENERAL AGGREGATE $ 2000000 L POLICY JPERC ®LOC PRODUCTS-COMPIOPAGG $ 2000000 $ OTHER: AUTOMOBILE LIABILITY Ea®Bcclde0i51 GLE LIMIT $ 1000000 ANY AUTO BODILY INJURY(Perperserl) $ B OWNED SCHEDULED N N Q02 2240032 02/22/2017 02/22/2018 BODILY INJURY(Peracniderd) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY [Paraccidmt) UMORELLALiAB X OCCUR EACH OCCURRENCE $ 1000000 C X EXCEssuAB X CLAIMS MADE N N WC1 M0007808-2014A 03109/2014 03/09/2015 AGGREGATE $ 1000000 DED X RETENTION WORKERS COMPENSATION SFA UTE ER RTH- AND EMPLOYERS'LIABILITY A14YPROPRI€TORIPARTNEMEXECUTIV€ Y❑ NIA N i $7-59QQ217 a31Q 12d'I7 031091201� E.L EACH ACCIDENT $ 1000000 D Olandalofy in BER EXCLUDED? N E,L.DISEASE-EAEMPLOYE $ 1000000 (hlandalary m NH] II yas,descn6e uneer E,L,DISEASE-POLICY LIMIT $ 1000000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES(ACORD 101,Additlonal 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 NC 27278 Fax: Email: 0 1988-20115 ACORD CORPORATION. All rights reserved. ACORD 26(2016103) The ACORD name and logo are registered marks of ACORD