2016-272-E DEAPR - Fortress Fencing, LLC to repair, replace fencing

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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