The URL can be used to link to this page

Home My WebLink About2018-669-E Solid Waste - Fortress Fencing repairRevised 10/17 (Mgr apprv 5k 6/18) 1 [Departmental Use Only] TITLE SW Fencing FY 2019 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 5th day of October, 2018, (“Effective Date”) by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Fortress Fencing (the "Provider"), party of the second part; W I T N E S S E T H: 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 and/or construction (hereinafter referred to collectively as “Services”) to be furnished under this Agreement are as follows: Install two sections of fence on the north and south side of Eubanks Road in accordance with the attached emailed proposal Est #2 and Est #3 dated May 16, 2018. The term of this agreement rendered shall be from October 5, 2018 to November 30, 2018. 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. 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 Three thousand, four hundred fifty dollars, ($3,450). 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 DocuSign Envelope ID: C5C2F1A6-36E4-407E-9577-453A79645862 Revised 10/17 (Mgr apprv 5k 6/18) 2 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 County’s Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here (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, without limitation, 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 in carrying out Provider’s duties and obligations related to the Services to be provided in this Agreement. 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 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. Modifications may be evidenced by telefacsimile signature. 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 the intent of the parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Priority: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and Orange County. 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 state and federal anti-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 this requirement 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 Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. If such mediation fails either party may initiate litigation to resolve the dispute. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. DocuSign Envelope ID: C5C2F1A6-36E4-407E-9577-453A79645862 Revised 10/17 (Mgr apprv 5k 6/18) 3 10. 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 funds 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 funds. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER By: _________________________ By: _________________________ Department Director Title: ________________________ 200 S. Cameron St. Michael Wright, Residential Branch Manager P.O. Box 8181 PO Box 1377 Hillsborough, NC 27278 Carrboro, NC 27510 DocuSign Envelope ID: C5C2F1A6-36E4-407E-9577-453A79645862 DocuSign Envelope ID:C5C2F1A6-36E4-407E-9577-453A79645862 ,d► R" CERTIFICATE OF LIABILITY INSURANCE DAQS/17/2Q18Y 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 The Insurance Pros. Inc. JA"C_N Ext 294-6613 I A,. 919 PAx C Na (866)294-9470 1210 Cole Mill Road E MAIL ADDRESS info@insuranceprosonline.com Suite 101 INSURERS AFFORDING COVERAGE NAIC# Durham NC 27705 INSURERA Erie Ins Exch 26271 INSLiRE,? INSURER B: Erie Ins EXch 26271 Fortress Fencing, LLC INSURER C: Erie Ins Exeh 25271 Po Box 1377 INSURER D: Flagship ally Ins CD 35585 INSURER E Carrhoro NC 27510-3377 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. IN SR ADDL SUBR POLICY EFF POLICY EXP TR TYPE OF INSURANCE POLICY NUMBER MM: :Y YYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1000000 DAMAGE TO RENTEn-ET- CLAIMS-MADE OCCUR PREMISES aoccurrence) $ 1000000 MED EXP(Any one person) $ 5000 A N N Q38-2250720 0212212018 02/22/2019 PERSONAL s ADV INJURY $ 1000000 GEN'L AGGREGATE LIMIT APPLIES PER, GENERAL AGGREGATE $ 2000000 X POLICY F-1 JECT LDO PRODUCTS-COMF+pP AGG $ 2000000 OTHER $ AUTOMOBILE LIABILITY COEa MaBINEDSINGLE LIMIT $ 1000000 ccb2nl X ANY AUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED N N Q02-2240032 0212212018 02/22/2019 BO DILYINJURY(Pe raccideri $ AUTOS ONLY AUTOS HIRED NON-OWNED PRO PERTYDAMAGE AUTOS ONLY AUTOS ONLY Per accident $ X UMBRELLA LIAR OCCUR EACH OCCURRENCE Is 4000000 C EXCESS LIAB HCLAIMS-1VIADE N N Q26-2270226 02/2212018 02/222019 AGGREGATE Is DIED I I RETENTION $ WORKERS COMPENSATION X STATUTE OT AND F;MPLOYERS'LIABIUTY Y+N - D ANY FOCER.'MEMBER EXCLUOED ECUTIVE ❑ N rA N 087-5900217 0310912'018 03109/2019 E.L EACH ACCIDENT $ 1000000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1000000 It yes,descTibe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 100000 ESCRIPTION OF OPERATIONS!LOCATIONS:VEHICLES (ACORD 101,AdditlDnal Remarks Schedule,may oe 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 Change County Solid Waste ACCORDANCE WITH THE POLICY PROVISIONS. 1207 Eubanks Road AUTHORIZED REPRESENTATIVE Chapel Hill NC 27516 Fax: Email: Q 1988-2015 A CORD CORPORATION. Ail rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD From: Rick Paradis [rick@fortressfencingnc.com] To: klindley@orangecountync.gov Subject: Solid waste fencing needs Sent: Wed 5/16/2018 9:51 AM GMT-07:00 Importance: Normal Kevin, I heard from Mike that you were in a hurry and wanted to get you numbers quickly as the formal proposals will be tied up for awhile based on existing backlog. Please budget as follows: Est #1) replace gate post and 15-foot wide gate leaf.............$1,500.00 Est # 2) replace removed 50 LF @ right side tieing into existing chain link .....$1,700.00 Est #3) 35 LF added to traverse the berm............$1,750.00 All material to match existing where possible or slightly modified where necessary to allow for current site conditions. We'd do our best to work you in quickly if you have immediate needs. Thanks, Rick Rick Paradis Fortress Fencing PO Box 1377 Carrboro, NC 27510 (Physical) 402-B Jones Ferry Rd Office: (919) 960-2950 iPhone: (919) 730-3459 Fax : (919) 960-2926 www.fortressfencingnc.com <https://urldefense.proofpoint.com/v2/url?u=http- 3A__www.fortressfencingnc.com&d=DwMFaQ&c=JRU6Crajf79kKcplUJFHFfpcQ9GkS9xWLut8YRT ooJY&r=mv0iaVP4rQDzyivSlbuIWur21C2qm49v1jL14tIDiks&m=E7joFwzO5Fy- 7ahnlQ7kE3X65eO-uoAq7n8gB0ZAwJY&s=m- 5NYvzjbYKRonYG5gv02IRGnvVWdw_2nkxMfFudiFc&e=> DocuSign Envelope ID: C5C2F1A6-36E4-407E-9577-453A79645862