HomeMy WebLinkAbout2017-681-E AMS - Seegar Fence Mayo Street repair DocuSign Envelope ID: FD9947AB-B386-446B-AFDD-4088AF7B1812
[Departmental Use Only]
TITLE 113 Mayo Fence
FY 2018
ORANGE COUNTY
CONTRACT UNDER $1,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this 24th day of October, 2017, ("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 Seegars Fence Company(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: furnish materials and labor to install 1-12' double drive
gate on existing 2.5" terminal posts. Take down and remove existing 12' of fabric and toprail, and cut line
post off at ground level, as detailed in provided bid#DUDU01150, for 113 Mayo Street, Hillsborough fence.
The term of this agreement rendered shall be from October 24,2017 to November 24, 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 nine
hundred thirty five dollars, ($935). 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
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DocuSign Envelope ID: FD9947AB-B386-446B-AFDD-4088AF7B1812
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 (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. Indemni : 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 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.oran eg coggtync. og v/departments/purchasingtidivision/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, on the list created by the State
Treasurer pursuant to G.S. 147-86.58. 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. Should either parry 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
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DocuSign Envelope ID: FD9947AB-B386-446B-AFDD-4088AF7B1812
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.
[SIGNATURE PAGE TO FOLLOW]
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DocuSign Envelope ID: FD9947AB-B386-446B-AFDD-4088AF7B1812
IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective
as of the day first written above.
ORANGE COUNTY PROVIDER
DocuSigned by: DocuSigned by:
By: 1 °'"7v�°" By: ,}r�.ou pa-vats
9E88C�A4GCF64498... D595F475E26E417... 2 �
D.,Y�.�.�....�.,...,..�.,. Title.
200 S. Cameron St. Seegars Fence Company
P.O. Box 8181 PO Box 61378
Hillsborough,NC 27278 Durham,NC 27715
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DocuSi n Envelope ID: FD9947AB-B386-446B-AFDD-4088AF7B1812
� EIRARS P.O. Box 61378
FENCE COMPANY
�" Durham, NC 27715
SERYIHBTHEMID-ATLAlITICSINCE1949 Celebrating Phone:919-489-5303
1 I Fax:919-732-0767
.. SERVICE PROFESSIONALISM INITIATIVE RELATIONSHIPS INTEGRITY TEAMWORK
CHAIN LINK • WOOD • ORNAMENTAL • PVC • ACCESS CONTROL • CUSTOM FABR/CAT/ON
Proposal Submitted To: Date Bid# DUDUO1150
ORANGE COUNTY 10/18/2017
Attn: ALAN DORMAN job Name
adorman@)orangecountVnc.gov DEPT. SOCIAL SERVIVES
Street: job Location
131 W. MARGARET LANE 1 1 3 MAYO ST. HILLSBOROUGH NC
City,State,and Zip Code Fax Number job Phone
HILLSBOROUGH NC 27278 919-644-3001 919-245-2626
We Aevreby propose Me Fo/%wivtg work:
FURNISH MATERIALS AND LABOR TO INSTALL 1-12' DOUBLE DRIVE GATE ON EXISTING 2.5"TERMINAL POSTS.
PRICE INCLUDES THE TAKE DOWN AND REMOVAL OF EXISTING 12' OF FABRIC&TOPRAIL AND CUTTING LINE POST OFF AT
GROUND LEVEL.
$935.00
NOTE: CASH OR CHECK DISCOUNT FIGURED.
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 DAN/ELS
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: FD9947AB-B386-4468-AFDD-4088AF7B1812
E-589CI Affidavit of Capital Improvement
Form E-589CI,Affidavit of Capital Improvement, is generally required to substantiate that a contract, or a portion
of work to be performed to fulfill a contract,is to be taxed for sales and use tax purposes as a real property contract
with respect to a capital improvement to real property.
•This affidavit may not be used to purchase building materials,other tangible personal property,or digital
property to fulfill a real property contract exempt from sales and use tax.
• H person wno willfully attempts,or a person wno alas or aoets a person to attempt In any manner,to evaae or
defeat a tax imposed by the Sales and Use Tax Laws, or the payment thereof,shall be guilty of a Class H felony. If
there is a deficiency or delinquency in payment of any tax due to fraud with intent to evade the tax,there shall be
assessed a penalty equal to 50%of the total deficiency.
Section I.Single Use(Complete this section to issue the affidavit for a single capital improvement.)
Owner,Tenant,or Real Property Contractor Real Property Contractor(General Contractor or Subcontractor)
A ORANGE COUNTY B SEEGARS FENCE COMPANY,INC.OF DURHAM
Address Address
131 W.MARGARET LANE P.O.Box 61378
City ST ZIP City ST ZIP
HILLSBOROUGH NC 27278 Durham NC 27715
Describe capital improvement to be performed:
New Fence Installation
Project Name
DEPT.SOCIAL SERVIVES
Project Address City ST ZIP
113 MAYO ST.HILLSBOROUGH NC HILLSBOROUGH NC 27278
1 certify that,to the best of my knowledge,this affidavit is accurate and complete and that the transaction described to be performed
by the Real Property Contractor(General Contractor or Subcontractor identified in box"B")shall be treated as a real property contract
with respect to a capital improvement to real property for sales and use tax purposes.
Signature of Authorized Person: Title: Date:
Section II. Blanket Use(Complete this section execute a blanket affidavit.)
Real Property Contractor Real Property Contractor or Subcontractor)
C D
Address Address
City ST ZIP City ST ZIP
To be completed by the Real Property Contractor identified in Box C.
I certify that I am a Real Property Contractor who performs capital improvements to real property and all transactions with the real
property contractor(subcontractor)identified in box"D"shall be treated as real property contracts with respect to capital
improvements for real property for sales and use tax purposes.
Signature of Authorized Person: Title: Date:
DocuSign Envelope ID: FD9947AB-B386-4468-AFDD-4088AF7B1812
0 CERTIFICATE OF LIABILITY INSURANCE DATE{MMIDDfSYYYy
7/25,!2017
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 CNROME:NTACT Susan Denton
John Hackney Agency of Rocky Mount PHONE, 252)442-3186 rc. 1-94DD H o a N41:{asay 45
950 Country Club Road ADDRESS:sdenton @jharm.com
P. 0. Box 7807 _ INSURER{S)AFFORDING COVERAGE NAIL#
Rocky Mount NC 27804-0807 INSURERA.SeleetiVe Insurance Co. of America 1--
INSURED INSURER B:Accident Fund National Ins. Co. x12304
Seegars Fence Co. Inc. of Durham INSURER C
PO Sox 61378 INSURER D:
_INSURER E:
Durham NC 27715 INSURER F:
COVERAGES CERTIFICATE NUMBER:CL1772503047 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 ADDLiSUBR POLICY NUMBER MMJDDY EYY PMIbbfYY P LIMITS
LTR
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1$ 1,000,000
� PREMISES RENTED $
A CLAIMS-MADE I A I OCCUR PRREMISES S Ea occurrence)- 100,000--...............
X 52174309 08/01/2817 08/01/2018 MED EXP(Any one person) $ 10,000
_. PERSONAL&ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,0001
POLICY JECT l LOC PRODUCTS-COMP/OP P_A_G_G $ 2,000,000
OTHER:
Employee Benefits $ 1,000,000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
X ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED 52174309 08/01/2017 08/012018 BODILY INJURY(Per accident) $
AUTOS AUTOS
NON-OWNED PROPERTY DAMAGE $
HIRED AUTOS x AUTOS Per accident _.._.-._
Medical P21yrrentS $
X UMBRELLA uAB x OCCUR EACH OCCURRENCE $ 51000,000
EXCESS LIAR CLAIMS4AADE AGGREGATE $ 5,000,000
52174341 08/01/2017 08/01/2010
DED RETENTION$ $
WORKERS COM PEN SATION A I PER OTH-
AND EMPLOYERS'LIABILITY .._.... .STAT_UTE __ ER .-_..- .
YIN
ANY PROPRIETORIPARTNERIEXECUTIVE NIA
B El.EACH ACCIDENT _ _ $ 500,400
OFFICErUMEMBER EXCLUDED? ri
[MandatoryinNH) AICV61,471175 00/01/2017 08/01/2018 E-L.DISEASE-EAEMPLOYEE;S _500,000
S yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000
A Equipment. Floater 1 B2174309 08/01/2017 013/01/2018�1 RentedlLeasedequipment $ 125.007
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORb 10t,Additional Remarks Schedule,may be attached it 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 Denton1CCB
GU 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014{01) The ACORD name and logo are registered marks of ACORD
INS025{201401}