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HomeMy WebLinkAbout2019-634-E Planning - Fortress Fencing anti-intruder fence installation DocuSign Envelope ID:C638ABF6-B7C8-4176-B57E-OF86A8AEB483 [Departmental Use Only] TITLE L.O. Anti-Intruder Fence FY 19-20 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 12th day of September, 2019, ("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, 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 and/or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Installation of industrial grade anti-intruder fence panels and industrial grade anti-intruder gate on the Lake Orange intake tower walkway, as shown and labeled on Attachment A. Services shall include all associated labor, fabrication, materials, and connection hardware. Services shall also include removal and legal off-site disposal of the existing anti-intruder fence panels and the existing anti-intruder gate. See Attachment B for detailed quote and technical specifications. The Provider shall submit shop drawings to the County for review and approval by the County prior to commencing work. Services must be completed no later than October 31,2019. The term of this agreement rendered shall be from September 12,2019 to October 31, 2019. 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 I. 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 TWO HUNDRED TWENTY FIVE DOLLARS, ($3,225.00). 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 Revised 12/18 1 DocuSign Envelope ID:C638ABF6-B7C8-4176-B57E-OF86A8AEB483 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 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 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, 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 Si n�: 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 I IA 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.oran eg countync. og v/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. Revised 12/18 2 DocuSign Envelope ID:C638ABF6-B7C8-4176-B57E-OF86A8AEB483 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. 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.[�+��nack By:�'�scu Cvurs�ai� Department Director Title: 200 S. Cameron St. Jason Truesdale,President/Owner P.O. Box 8181 3041 Beechtree Drive Hillsborough,NC 27278 Sanford,NC 27330 Revised 12/18 3 DocuSi n Envelope ID:C638ABF6-B7C8-4176-B57E-OF86A8AEB483 Attachment A Location of Anti-Intruder Fence Panels and Gate Legend lJ Anti-Intruder Fence Panels and Gate Rl ., Intake Tower Walkway " (see photo below) Lake Orange 1323 Anti-Intruder Fence Panels and Gate i � l id v G - k'n- DocuSign Envelope ID:C638ABF6-B7C8-4176-B57E-OF86A8AEB483 Attachment B F"OR R S F 1CIJ. LL-cC 3041 EEEC11TUE D1,.SANFORM NORUH CAROUNA Office: 919-776-0080 fax: 919-776-0081 ben@fortressfencingnc.com Certified Woman-Owned Business State of NC PROPOSAL DATE: August 2, 2019 Revised on 09.03.19 PROJECT: Orange Lake Dam Fence Project CONTRACTOR: Orange County Planning and Inspections Dept. LOCATION: 1221 Orange Lake Rd., Hillsborough, NC ESTIMATOR: Ben Olsen 7' Intrusion Fence at Water Walkway Fortress Fencing will furnish and install.- 6 LF of 7' High Titan Custom Curved Top 2 rail hi security Fence panels welded to new 3" x 3" Steel Gate post core drilled in place on Walk way,(1) 4' Opening x 7' High Single Gate with heavy duty hinges welded in place and heavy duty Industrial Strong arm Single gate latch, Please see attached fence brochure for the style. Includes removal and disposal of existing gate and fence panels. TO INCLUDE: (2) 36" x 7' Titan Curved top security fence panels. (2) 3" x 3" Steel Gate post, both core drilled in walk way and grouted in place, (can also plate these post and bolt to existing walk way) (1) 4' Opening x 7' High Security Gate to match fence panels. Hinges and latch system. Removal of existing gate and panels, disposal. Labor Charge & Mobilization Charge TOTAL: $ 3,225.00 Pricing excludes surveying and/or engineered as-builts, marking private utilities,grounding offence, excavation in rock or concrete, clearing,grading, welding,ground sleeves, removal of digging spoils, core drilling, turf repair or seeding unless specifically listed above. DocuSign Envelope ID:C638ABF6-B7C8-4176-B57E-OF86A8AEB483 ■ by ORTRESS mak * ■ f •w � AWO Merchants Metals th first name in fence solutions NDUSTRAIAL FENCE TITAN CUSTOM FENCE SYSTEM Titan Custom steel fence systems are as • r strong and durable as the name implies ` and are designed to meet the stringent ,. `+* requirements essential for commercial, # industrial and federally specified projects. 4.0 Available in both commercial and industrial sizes, y- IF Titan Custom is manufactured with 100% domestic G90 steel and carries a full 20 year warranty. do Panels are engineered with a patented slide lock rail system for added strength and i security, and are factory assembled to minimize installation time and ensure structural integrity. I � Prior to assembly, the galvanized steel fence components are coated with FortressArmour, a i premium coating process which includes a zinc rinse, an expoy primer and premium grade powder top coat. This professionally applied coating process produces long �o��Rgss FF��F lasting, worry free performance. 1 � - EP0 1 It i 1 L 5 i 1 , !4 9 JAI WWW. MERCHANTSMETALS . COM 1 . 866 . 888 . 5611 DocuSi n Envelope ID:C638ABF6-B7C8-4176-B57E-OF86A8AEB483 TITAN FEATURES * � + 24" of Adjustability in an 8'Section 0 100% Domestic G90 Steel • Premium Dual Powder Coat • Fully Pre-Assembled •a .. gotJ I Manufactured in the USA �._ Slide Lock Rail • 20 Year Limited Warranty I + Titan Custom Adjustability Titan Custom pickets, posts and rails are produced with Titan Custom panels are designed to easily accommodate 45,000 PSI, 100%domestic G90 steel and all components changes in ground elevations, and both the commercial and receive the FortressArmour powder coat process. industrial panels provide 24" of adjustability per 8'section. This added benefit eliminates the need for costly and time Galvanized components are thoroughly cleaned and sent consuming stair stepping, and produces a smoother, more through a zinc rinse application.After the final rinse and professional appearance. drying cycle, the components are coated with a corrosion resistant epoxy powder coat, followed by a premium 247f grade powder top coat. This high-end FortressArmour 14 or 16 Gauge coating process ensures that each Titan Custom Fence Adjustability Pickets Available system will provide years of worry free performance. in an 8' Section PREMIUM POWDER TOP COAT Commercial 1-3/4"x 1-1/2" Rails A) FortressArmour Industrial ZINC RINSE 1-3/4"x 1-3/4" Rails our MW 45,000 PSI STEEL Commercial 3/4" Picket Industrial 1" Picket 24" EPDXY POWDER COAT 8' ZINC GALVANIZED G90 till humum,I ki N1ii�l�iiiiE�, Jill[I u u lui ouuuuAMR lollo u II II II II II III II II I—IIIA I I I I I I I I, } } } } }y naaa�iaa•i•i•ia�i�i�i�i�_i�_i�i�__ I�,I I I I I I I I I I I 1,4}1}4}1 4 i =------________ �aaaa�i�i�i�i�i�n�i�ilii�i�i�iilililw raaaaaa•i�i�i�i�u i�i�i�i�i�i�i�lw _�LI__ ---L� L -- -- -juuiuuuuuuiuuuuuiui° I'� iiiuuioiiii ii �uuuuuuiiui ° ui�uuuuiu" ��° IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII i� IIIIIIIIIIIIIII � IIIIIIIIIIIIIII �� FENCE SOLUTIONS IN ORNAMENTAL WELDED WIRE CHAIN LINK PVC WOOD T DocuSi n Envelope ID:C638ABF6-B7C8-4176-B57E-OF86A8AEB483 TITAN ■UI-15T • • COMMERCIAL & INDUSTRAIAL SIDE BY SIDE COMPARISON � t � ■ COMMERCIAL INDUSTRIAL PICKETS 3/4"x 3/4"x 16 ga. 1"x 1"x 16 ga.or 14 ga. RAILS 1-3/4"x 1-1/2"x 16 ga. 1-3/4"x 1-3/4"x 14 ga. RAIL SLIDE LOCK G90 Galvanized Steel-18 ga G90 Galvanized Steel-18 ga. POSTS 2-1/2"x 2-1/2"x 14 ga. 2-1/2"x 2-1/2"x 14 ga. CURVED TOP OPTIONAL POSTS 2-1/2"x 2-1/2"x 16 ga. 2-1/2"x 2-1/2"x 16 ga. y A high security design with curved 3"x 3"x 12 ga. 3"x 3"x 12 ga. press spear pickets. 4"x 4"x 11 ga. 4"x 4"x 11 ga. Available in 2 or 3 rail styles. PICKET SPACING 3-15/16"Air Space 3-15/16"Air Space ti HEIGHTS 34",46",58",70",82",94" 34",46",58",70",82",94", 106", AVAILABLE 118", 130", 142" - WIDTHS 8' 8' AVAILABLE ALLOY G90 Galvanized Steel G90 Galvanized Steel FULLY 8'On Center Spacing 8'On Center Spacing ASSEMBLED (Based on 2-1/2" posts) (Based on 2-1/2" posts) PANEL STYLES Flat Top, Extended Picket, Flat Top, Extended Picket, Pressed Spear Pressed Spear,Curved Top RAIL STYLES 2&3 Rail 2&3 Rail ■ 4 Rail Available Upon Reque t 4 Rail Available Upon Request SPECIFIED FOR Educational Campuses, Military Installations, Energy Housing Complexes, Plants,Water Treatment Community& Public Pools, Facilities,Stadiums& Event Apartment Complexes, Offic Centers, Universities, Hospitals Buildings, Parking Facilities Extended Picket Walk Gate Flat Top Pressed Spear Extended Picket Arched Walk Gate Arched Walk Gate Arched Walk Gate 11-111M [Iffitfl]] 1� 11 14�M�� 11 111-MULL L A Cantilever Gate DocuSi n Envelope ID:C638ABF6-B7C8-4176-B57E-OF86A8AEB483 • - • 680 lb Mid-Span Load Per Rail Ball Top Curved Top Post Cap Line Post Cap Flat Mount �.k Bracket Pressed Dome Post Cap I .y �1 i . I COMMERCIAL INDUSTRIAL • Educational Campuses Military Installations _c • Housing Complexes Energy Plants k • Community& Public Pools Water Treatment Facilities • Apartment Complexes Stadiums& Event Centers • Office Buildings Universities 1 • Parking Facilities Hospitals A�� Merchants Metals 866.888.5611 the first name in fence solutions www.merchantsmetals.com ©2014 Merchants Metals All Rights Reserved MM 332TC07/14 DocuSign Envelope ID:C638ABF6-B7C8-4176-B57E-OF86A8AEB483 � N DATE(MMIDDIYYYY) ,aco�o® CERTIFICATE OF LIABILITY INSURANCEF��. 08/19/2019 THIS CERTIFICATE IS ISSUED AS A NIATTER OF INFORNIA71ON ONLY AND CONFERS NO RIGHTS UPON THE CERTEFICATE 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 Charlie Dickerson NAME: ONEThe Insurance Pros. Inc. 1C N (919)294-6613 aic No: (866)294.9470 1210 Cole Mill Road EMAIL info Insurance rosonline.com ADDRESS: � p Suite 101 INSURERS AFFORDING COVERAGE NAIC# Durham NC 27705 INSURER A: Erie Ins Exch 26271 INSURED INSURER 13, Erie Ins Exch 26271 Fortress Fencing, LLC :NSURERC: Erie Ins Exch 26271 PO Box 1377 INSURER D: Erie Insurance Company 35585 INSURER E: Carrboro 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. NOTW"STANDING 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. NSR ADOLSUBR POLICY E LTR TYPE OF INSURANCE INSD WVQ POLICY NUMBER MMIDDIYYYY) fMM1DDfYYYYl LIMITS X commERCIALGENERALLIABILITY EACH OCCURRENCE $ 1000000 CLAIMS-MADE 17X OCCUR PREMISES a occurrence $ 1000000 MED EXP(Any orre person) $ 5000 A Y Q38-2250720 0212212019 02/22/2020 PERSONAL&ADV INJURY $ 1000000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2000000 POLICY JECT LOC PRODUCTS-COMPIOPAGG $ 2000000 OTHER $ AUTOMOBILE LIABILITY COMBINEDSINGLE LIMrr $ 1000000 Ea accident X ANYAUTO BODILYINJURY(Per Person) $ OWNEAUTOS AUTOSSCHED LEq Q02-2240032 02/22/2019 02/22/2020 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS V HIRED V NON-OWNED 1 PROPERTY DAMAGF $ AUTOS ONLY AUTOS ONLY Peracc!deni $ X UMBRELLA LIAS X OCCUR EACH OCCURRENCE $ 5000000 C PDED XCESS LIAB CLAIMS-MADE Y Q26-2270226 0212212019 02/22/2020 AGGREGATE $ II RETENTION$ $ WORKERS COMPENSATION X STATUTE ER AND EMPLOYERS'LJAB1UTY ANY PROPRIETORPARTNEWEXECEITIVE Y r N E.L.EACH ACCIDENT $ 1000000 D OFPICER,1MEMBER EXCLUOED7 NIA Q87-5900217 0310912019 03/09/2020 (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 1000000 Iryes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1000000 ❑ESCRiPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101.Additional Remarks Schedule,may be attached if more space Is requiredl Orange County is listed as additional insured on the general liability and Commercial umbrella. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Christopher Sandt Planning&Inspections Dept AUTHORIZED REPRESENTATIVE PO Box 8181 Hillsborough NC 27278 Fax: Email_ Q 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACOR❑