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HomeMy WebLinkAbout2017-171-E AMS - Seegars Fence Co. to furnish, install (3) acreas of metal grate between parking deck, retaining wall DocuSign Envelope ID:9296A247-B9DA-4BA7-B4BC-35C77BF2CC17 [Departmental Use Only] TITLE ERPD Grates FY 2016-17 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 18th day of May, 2017, ("Effective Date") by and between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the "County"),party of the first part; and Seegars Fence Co. (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 (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Furnish and install (3) areas of metal grate between parking deck and retaining wall using 2" x 2" x 1/4" angle iron with 1" ground bar grating. All items to be galvanized and attached to retaining wall.Vertical end piece to close end up per Bid#DUJD00242 dated, 5/8/2017. The term of this agreement rendered shall be from May 18, 2017 to September 30, 2017. 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 Four Thousand Six Hundred Forty Five Dollars, ($4,645.00). 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 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 Revised 2/17 1 DocuSign Envelope ID:9296A247-B9DA-4BA7-B4BC-35C77BF2CC17 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 consist of 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 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, its agents, or assigns directly or indirectly related to the Services to be performed pursuant to this Agreement on the part of the Provider. 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 the 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. 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. Priority: In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms of this Agreement shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. 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 affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider 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. 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County,North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 11. 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 Revised 2/17 2 DocuSign Envelope ID:9296A247-B9DA-4BA7-B4BC-35C77BF2CC17 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. [SIGNATURE PAGE TO FOLLOW] Revised 2/17 3 DocuSign Envelope ID:9296A247-B9DA-4BA7-B4BC-35C77BF2CC17 IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER p,00syea oy: —msgea er: B bok,kAt.RAAKAt.Vi(u B Ixso�n,Vout,(s y ' 'Vice`"Oresident County Manager Title: 200 S. Cameron St. Seegars Fence Co. P.O. Box 8181 PO Box 61378 Hillsborough,NC 27278 Durham,NC 27715 Revised 2/17 4 DocuSign Envelope ID:9296A247-B9DA-4BA7-B4BC-35C77BF2CC17 @i r Jrll�Q N1„0 P.O. Box 61378 �,�,` • 1,p, ��I� d�ll`,,,�) 1111 . ; Durham, NC 27715 �� �; ,ru dui rLHCE COMPANY /ml 111 Al hllPl' " ;; SERVING THE MID-ATLANTIC SINCE 1949 r Phone:91 9-489-5303 I _� Celebrating over 65 Years! �. i, Fax y SERVICE PROFESSIONALISM INITIATIVE RELATIONSHIPS INTEGRITY TEAMWORK CHAIN LINK • WOOD • ORNAMENTAL • PVC • ACCESS CONTROL • CUSTOM FABRICATION Proposal Submitted To: Date Bid# DUJD00242 ORANGE COUNTY 05/08/201 7 Attn: BRENNAN BOUMA Job Name bbouma @orangecountync.gov PARKING DECK PROTECTIVE GRATE Street: Job Location 131 W. MARGARET LANE SAME City,State,and Zip Code Fax Number Job Phone HILLSBOROUGH, NC 27278 919-644-3001 919-245-2626 We/7erreby propose the Following work: FURNISH AND INSTALL 3 AREAS OF METAL GRATE BETWEEN PARKING DECK& RETAING WALL USING 2"X2"X1/4"ANGLE IRON WITH 1"BAR GRATING.ALL ITEMS TO BE GALVANIZED AND ATTACHED TO RETAINING WALL.VERTICAL END PIECE TO CLOSE END UP. $4645.00 IF APPROVED BY 4-11-17 ESTIMATED INSTALLATION MID AUGUST. In submitting this proposal,it is assumed that there is no underlying ROCK or concrete on the property which will necessitate drilling or blasting,or any other unusual conditions involving extra labor in the erection of this fence and that the fence right of way will be marked by the owner or general contractor and will be clear,graded,and ready to receive the fence.If any of the above conditions are encountered,or any additions or changes are made by the customer,additional charges will be made at current market prices.It shall be the responsibility of the owner to advise workers of the location of any underground cables,lines,etc.If such are not marked properly,the owner assumes responsibility for them.Should an account not be paid as agreed,any cost of collection including interest and attorney's fees,etc.shall be paid by the customer. Payment to be made as follows: 50% Deposit / Balance Due Upon Completion All material is guaranteed to be as specified.All work to be completed in a workmanlike manner according to industry practices. Any alteration or Proposed JASON DANIELS deviation from above specifications involving extra costs, and will become an extra charge over and above the estimate. All agreements By: contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Worker's Compensation and General Liability Insurance. Customer Acceptance of Proposal- The above prices, specifications and Acceptance: conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made Date: as outlined above. Note:This proposal may be withdrawn if not accepted within 10 days DocuSign Envelope ID:9296A247-B9DA-4BA7-B4BC-35C77BF2CC17 ® ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) ka.....------ 12/22/2016 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 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 Susan Denton NAME: John Hackney Agency of Rocky Mount PHONE r ,Ext): (252)442-3186 FAX No): (252)451-9400 950 Country Club Road aDORless.sdenton@jharm.com P. O. Box 7807 INSURER(S)AFFORDING COVERAGE NAIC# Rocky Mount NC 27804-0807 INSURERA:Selective Insurance Co. of Ame 12572 INSURED INSURER B: Seegars Fence Co. Inc. of Durham INSURER C: PO Box 61378 INSURER D: INSURER E: Durham NC 27715 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1671502536 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED A CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 100,000 X S2174309 08/01/2016 08/01/2017 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY x TNT- LOC PRODUCTS-COMP/OP AGG $ 2,000,000 JEC OTHER: Employee Benefits $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED AUTOS AUTOS S2174309 08/01/2016 08/012017 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident) $ Medical payments $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION$ S2174341 08/01/2016 08/01/2017 $ WORKERS COMPENSATION X PER 0TH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? n A (Mandatory in NH) WC9012272 08/01/2016 08/01/2017 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Equipment Floater S2174309 08/01/2016 08/01/2017 Rented/Leased equipment $ 125.000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The certificate holder is included as additional insured insured with respects to general liability as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 8181 ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE Susan Denton/SWD _ � ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025 nmam t