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HomeMy WebLinkAbout2019-638-E Planning - Seegars Fence Lake Orange entrance fence DocuSign Envelope ID: EB709453-FFF5-4625-A653-2545B8FB1ODE NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 20th day of September, 2019 by and between Orange County, North Carolina (hereinafter the "County" and/or "Owner") party of the first part; and Seegars Fence Company, Inc. (hereinafter the "Contractor"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the Owner hereby contracts for the construction services of the Contractor, and the Contractor agrees to provide the construction services to the Owner in accordance with the terms of this Agreement. 1. TERM AND MAXIMUM AMOUNT PAYABLE Beginning and ending dates of contract: September 20, 2019 through October 31, 2019'. The Project Commencement Date shall be no later than September 20, 2019. Dollar Amount Not to Exceed: EIGHT THOUSAND NINE HUNDRED FIFTY FIVE DOLLARS ($8,955.00) 2. SERVICES Contractor agrees to provide the following construction services (the "Work"): Installation of commercial grade 6-ft tall chain link fence and 14-ft wide drive gate at Lake Orange entrance driveway (see Option 1 on Attachment B) and installation of commercial grade 5-ft tall chain link fence and 4-ft wide walk gate along Lake Orange concrete spillway channel (see Option 2 on Attachment B). Work shall include all associated labor, fabrication, materials, and connection hardware. The pre-existing fence posts remain in place along the Lake Orange concrete spillway channel. The new fencing and gates will be integrated/tied into the pre-existing fence posts. See Attachment A for the locations of the proposed fencing and gates. See Attachment B for detailed quote and technical specifications. Prior to ordering materials and/or commencing any fabrication work, the Contractor shall meet with the County on site to determine and field mark the locations of the fence posts and the fence panel alignments proposed at the Lake Orange entrance driveway. Prior to commencing any installation work, the Contractor shall submit shop drawings to the County for review and approval by the County. The Contractor and the County shall meet prior to the final billing date for the purpose of collective review of the completed work and the Contractor's receiving a signed approval of the completed work from the County. The Work must be completed no later than October 31, 2019. Contractor shall not sub-contract all or any part of the construction services provided for in this Agreement without prior written approval of the Owner. Contractor shall be responsible for all errors or omissions, in the performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to Owner. Contractor is solely responsible for obtaining all permits necessary to complete the Work in compliance with local, state, and/or federal law. The Contractor is responsible for all physical damage to owned or rented machinery, tools, equipment, forms, and other items owned, rented or used by the Contractor and/or Subcontractor(s) in the performance of the Work Revised 12/18 1 DocuSign Envelope ID: EB709453-FFF5-4625-A653-2545B8FB1ODE including all of Owner's property in Contractor's care, custody, or control, and all such property while it is in transit. 3. PAYMENT Contractor shall submit an invoice for construction services provided. The invoice shall contain Contractor's name and federal tax identification number and shall be signed and dated by an officer of Contractor. It shall detail all construction services provided in payment requests. The Owner will make payments to Contractor within thirty (30) days after receipt of and approval of the invoice by the contracting department. In the event the amount stated on an invoice is disputed by Owner, then Owner may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. In addition, should Contractor fail to perform its duties under the terms of this Agreement, Owner may, without fault or penalty, withhold any payment associated with the Work to be performed until such time as said work is completed. 4. RELATIONSHIP OF PARTIES Contractor is an independent contractor of the Owner. Contractor represents that it has or will secure, at its own expense, all personnel required in performing the construction services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the Owner. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized or permitted under state and local law to perform such construction services. It is further agreed that Contractor will obey all State and Federal statutes, rules and regulations which are applicable to provisions of the construction services called for herein. Neither Contractor nor any employee of the Contractor shall be deemed an officer, employee or agent of the Owner. 5. SUSPENSION AND TERMINATION This Agreement may be terminated by Contractor upon thirty (30) days' written notice to the Owner, and the Owner may terminate this Agreement upon thirty (30) days' written notice to Contractor. Owner may suspend the Work at any time for Owner's convenience and without penalty to Owner upon three (3) days' notice to Contractor. Upon any suspension by Owner Contractor shall discontinue the Work and shall not resume the Work until notified to proceed by Owner. The notice required by this section or any other notice shall be delivered via certified mail, return receipt requested to the parties at the addresses as shown on the signature page to this Agreement. Such notice is deemed given upon its delivery to, or deposit in a receptacle of, the United States Post Office. 6. INSURANCE REQUIREMENTS Contractor shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by Owner'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.oran eg countync. og v/departments/purchasing_division/contracts.php). If Owner'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). Revised 12/18 2 DocuSign Envelope ID: EB709453-FFF5-4625-A653-2545B8FB1ODE Contractor shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 7. INDEMNIFICATION Contractor agrees, without limitation, to defend, indemnify, save, and protect Owner and Owner's lender, if any, harmless from and against any and all claims, liens, liabilities, losses, damages, causes of action, and expenses (including court costs and reasonable attorney's fees related thereto) arising out of, in connection with, or resulting from any negligence, act or failure to act by the Contractor, the Contractor's agents, assigns or employees resulting in property damage or personal injury, including death, or other loss related to the Work. Contractor is responsible for all errors or omissions caused by its agents, contractors, employees, or assigns in the performance of this Agreement. It is the intent of this section to require Contractor to indemnify the Owner to the full extent permitted under North Carolina law. 8. NON-ASSIGNMENT AND OWNER'S REPRESENTATIVE Contractor shall not assign all or any part of this Agreement, including rights to payments, to any other party without the prior written consent of the Owner. The County has designated(Christopher J. Sandt, Staff Engineer) to act as the County's representative with respect to the Work and shall have the authority to render decisions within guidelines established by the County Manager and/or the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 9. NON—APPROPRIATION Contractor acknowledges that Owner 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 Owner's obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice to Contractor of the unavailability and non-appropriation of public funds. It is expressly agreed that Owner shall not activate this non- appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the Owner's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects Owner's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to Owner upon written notice to Contractor of such limitation or change in Owner's legal authority. 10. DISPUTE RESOLUTION Any dispute with respect to any provision of, or the performance or non-performance of, this Agreement shall be subject to the Dispute Resolution Rules and Procedures for Orange County Design, Building Construction, Renovation, and Repair Projects. The policy is incorporated herein by reference and may be viewed at http://www.oran ec�ounbMc. ov�/departments/purchasing division/contracts.php). 11. ENTIRE AGREEMENT Revised 12/18 3 DocuSign Envelope ID: EB709453-FFF5-4625-A653-2545B8FB1ODE The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it, together with specifically referenced documents, constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified by a written amendment to this Agreement signed by the parties. Modifications may be evidenced by telefacsimile signatures. Should any conflict arise in the terms of any documents referenced herein and this Agreement the terms of this Agreement shall be given priority and shall control over all other such documents. Should a request for proposals and a proposal be referenced the terms of the request for proposals shall have priority over the terms of the proposal. 12. COMPLIANCE WITH LAW/GOVERNING LAW Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and any action brought under this Agreement shall be brought in the General Court of Justice of the State of North Carolina in Orange County. Contractor 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 non-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 e�tync. o�partments/purchasing division/contracts.php). Any violation of the Orange County Non-Discrimination Policy 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 Contractor affirms that Contractor and any subcontractors of Contractor are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Contractor certifies that Contractor has not been identified, and has not utilized the services of any agent or subcontractor identified, on the lists created by the State Treasurer pursuant to G.S. 147-86.58 and G.S. 147-86.81. 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 intent of the Parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORANGE COUNTY CONTRACTOR grce ey grc by � L�r ma��, By[ � _�1 ByE��,�,o,��.� 1113 County Manager Jason Daniels, Owner/Operations Manager 200 S. Cameron St. Seegars Fence Company, Inc. P.O. Box 8181 PO Box 61378 Hillsborough,NC 27278 Durham,NC 27715 Revised 12/18 4 DocuSi n Envelope ID: EB709453-FFF5-4625-A653-254568FB10DE Attachment A Locations of Proposed Chain Link Fence and Gates Legend Proposed Chain Link Fence 6-ft Tall Chain Link CD Fence (+/- 22 LF) 14-ft Wide Drive Gate t r s Lake r Orange 1323 Ilk a Walk Gate • ■ • le Earth o2018 Google 400 ft Do n Envelope ID: EB709453-FFF5-4625-A653-2545B8FB1ODE SEEGARS HLiachment B /�► P.O. Box 61378 FENCE COMPANY �m�/ Durham, NC 27715 SER111NGTHEMIO-IITLANTICSiNCE19149 Clebratingover65Ye ,! Phone:919-489-5303 I 11r Fax:91 9-732-0767 SERVICE PROFESSIONALISM INITIATIVE RELATIONSHIPS INTEGRITY TEAMWORK CHAIN LINK • WOOD • ORNAMENTAL • PVC • ACCESS CONTROL • CUSTOM FABRICATION Proposal Submitted To: Date Bid# DUDU03484 ORANGE COUNTY 09/03/2019 Attn: CHRISTOPHER SANDT job Name csandt@)orangecountync.gov ORANGE LAKE Street: job Location 131 W. MARGARET LANE 1 221 LAKE ORANGE DR., HILLSBOROUGH, NC City,State,and Zip Code Fax Number Job Phone HILLSBOROUGH, NC 27278 919-644-3001 919-245-2626 We Aevreby pvropose Me following work: Page 1 Of 2 OPTION#1 $1933.00 FURNISH & INSTALL APPROXIMATELY 22LF OF 6' GALVANIZED CHAIN LINK USING: 9 GAUGE FABRIC,TIES& HOGRINGS 4" HINGE POST(SCH. 40) 3"TERMINALS& LATCH POST(SCH. 40) 2" LINE POSTS (SCH.40) 1-5/8"TOPRAIL(SCH.40) PRICE INCLUDES 1-14' SINGLE DRIVE GATE & CONCRETE FOOTINGS FOR ALL POSTS. PRICE INCLUDES THE REMOVAL OF EXISTING GATE AND CUTTING POSTS OFF AT GROUND LEVEL. OPTION#2$7022.00 FURNISH & INSTALL APPROXIMATELY 667 LF OF 5' GALVANIZED CHAIN LINK USING ON EXISTING POSTS: PRICE INCLUDES 2 NEW 2.5"TERMINAL POSTS, FITTINGS AND ALL NEW 1-5/8" SS20 TOPRAIL. PRICE INCLUDES CUTTING IN 1-4' WALK GATE AT CORNER OF FENCE. ALL TAKE DOWN AND CLEARING OF FENCE LINE BY OTHER PRIOR TO INSTALLATION. *NOTE: OPTIONS ARE BASED ON BOTH BEING DONE AT THE SAME TIME. ORANGE COUNTY CONTRACTTO BE AMMENDED TO INCLUDE A MONTHLY MEETING PRIOR TO MONTHLY BILLING DATE FOR THE PURPOSE OF REVIEWING AND RECIEVING SIGNED APPROVAL OF WORK IN PROGRESS AND COMPLETION. *NOTE:ALL ABOVE MEASUREMENTS ARE APPROXIMATE AND ALL SIZES ARE NOMINAL. *NOTE:ALL CLEARING TO BE DONE BY OTHER PRIOR TO INSTALLATION. *NOTE: PLEASE REVIEW THE ATTACHED INFORMATION CONCERNING THE CUSTOMERS RESPONSIBILITY FOR PROPERTY LINES AND UTILITIES. Initial: Continued on Page 2 .... DocuSign Envelope ID: EB709453-FFF5-4625-A653-2545B8FB1ODE , age 2 Of 2 Bid# DUDU03484 Thank you for considering Seegars Fence Company for your fencing needs. We appreciate this opportunity. In order to expedite this project, we would like to make you aware of a few very important details: 1. Underground Wires and Public Utilities: Seegars Fence Company will call underground locators for you. The locators generally mark all public utilities. If you have any"private"undergrounds you must inform our installers prior to digging. "Private"undergrounds include but are not limited to cables running to pools,satellite disks,storage buildings,sprinkler systems,wells,septic tanks,etc. Hopefully,this will prevent needless repair bills for you. 2. Property Lines: It is very important to have your property lines clearly marked. Our experience has taught us that it is not wise for you to guess about your property lines. If you have ANY doubt,we suggest that you employ a surveyor.It is normal practice for Seegars Fence Company to install your fence anywhere between 6 to 8 inches inside of your property line to avoid property disputes.If you the customer would like fence installed any closer than that it will be the responsibility of the property owner to show us where you would like the fence installed. Note:If any fence has to be re-located due to property line disputes it will be the responsibility of the property owner to pay to have the fence re-located.Your approval for fence location will be required. 3. Clearing Fence Lines: Fence lines should be clear of all obstructions and debris prior to our arrival unless you have discussed removal with your Estimator/Project Manager. Extra charges may apply if we are required to clean your fence lines in order to install your fence. 4. Rock or Buried Obstacles: Unless discussed with you by your Estimator/ Project Manager,your fence price does not include drilling/digging through rock or any other material that may require heavy equipment. When such obstacles are encountered,it may be necessary to adjust your fence layout or post spacing. 5. Restrictions and Permits: Some areas we service have special restrictions related to fencing and also require permits in order to install a fence. In most cases these restrictions and permits are required within a city's planning and zoning area. For instance,most cities limit the height of your fence to four feet tall in your front yard and six feet elsewhere. It is your responsibility to contact your zoning officer to see if you must obtain a permit or if any special restrictions may apply. If you live in a subdivision it is your responsibility to learn of any covenants. 6. Construction: Fences are usually graded to the overall contour of the job site. Sharp hills or dips may result in the fence being on the ground,in the ground,and sometimes above the ground. Gates in sloping areas may cause some opening under them. Please discuss ANY possible concerns with your Estimator/ Project Manager in advance. 7. Wood Fencing: Any treated wood is subject to some degree of warpage,splitting,and cracking following installation. Inasmuch as we have no control over the above,the extent of our warranty concerning warpage,splitting,and cracking is to provide replacement boards or posts to you the customer. O ur warranty does not include providing labor to replace such except those identified within 10 days following our final day of installation. 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: No Deposit Net 30 Days 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 ^7riS�lV*' DANIELS, deviation from above specifications involving extra costs, and will become an extra charge over and above the estimate. All agreements By: J F 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. Acceptance of Proposal-The above prices,specifications and conditions Customer are satisfactory and are hereby accepted.You are authorized to do the Acceptance: work as specified.Payment will be made as outlined above. If proposal is submitted to a tenant of rental property,then the tenant represents that they are the authorized agent for the owner for the purposes of the Date: contracted improvements to real property and is duly authorized to sign this contract. To Accept this proposal,please provide your initials at the bottom of Page 1 and sign/date Page 2. Note:This proposal may be withdrawn if not accepted within 10 days DocuSign Envelope ID: EB709453-FFF5-4625-A653-2545B8FB1ODE A ��0 CERTIFICATE OF LIABILITY INSURANCE DATE(M 08/20//2019 Y) 019 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 Susan Denton NAME: John Hackney Agency of Rocky Mount PAHi�NNo Ext: (252)442-3186 C,No): (252)451-9400 950 Country Club Road E-MAIL sdenton@jharm.com ADDRESS: P.O.BOX 7807 INSURER(S)AFFORDING COVERAGE NAIC# Rocky Mount NC 27804-0807 INSURERA: Selective Insurance Co.of America(A)rated 12572 INSURED INSURER B: Accident Fund National Ins.Co of America(A)rated 12305 Seegars Fence Co.Inc.of Durham INSURER C: PO Box 61378 INSURER D: INSURER E: Durham NC 27715 INSURER F: COVERAGES CERTIFICATE NUMBER: CL197204216 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 ADDLSUBR TYPE OF INSURANCE 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 CLAIMS-MADE � OCCUR PREMISES Ea occurrence)l $ 500,000 MED EXP(Any one person) $ 15,000 A X XCU is not excluded Y Y S2174309 08/01/2019 08/01/2020 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY Fx_1 PRO ❑ LOC PRODUCTS-COMP/OP AGG $ 2,000,000 JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y Y S2174309 08/01/2019 08/01/2020 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED �/ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY /� AUTOS ONLY (Per accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE Y Y S2174341 08/01/2019 08/01/2020 AGGREGATE $ 5,000,000 DED I X1 RETENTION $ 0 $ WORKERS COMPENSATION X1 ST PER ATUTE EORH AND EMPLOYERS'LIABILITY Y/N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ B OFFICER/MEMBEREXCLUDED? N NIA Y WCV6147075 08/01/2019 08/01/2020 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Equipment Floater Rented/Leased $125,000 A S2174309 08/01/2019 08/01/2020 Equipment DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Orange County is included as additional insured with respects to general liability including ongoing&completed operations,auto liabiity and umbrella liability as required by written contract. The policies are written on a primary&non-contributory basis. Waiver of subrogation applies on all policies including workers compensation in favor of the additional insured. 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 AUTHORIZED REPRESENTATIVE PO Box 8181 Hillsborough NC 27278 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD