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HomeMy WebLinkAbout2019-765-E AMS - Seegars Fence boiler fence enclosure DocuSign Envelope ID: F2F9AD46-A8C2-4670-93E9-3ACCCBC6F498 [Departmental Use Only] °5 TITLE Boiler Fence av FY 2020 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 15th day of October, 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 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: 137 W Margaret Ln& 131 W Margaret Ln-furnish and isntall a-8'wide x 10'high double gate. The term of this agreement rendered shall be from 10/20/2019 to 1/30/2020. 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 One Thousand Six Hundred Fifty Six, ($1,656.00). 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 12/18 1 DocuSign Envelope ID: F2F9AD46-A8C2-4670-93E9-3ACCCBC6F498 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. 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 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 ec�ounlync. 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. 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. Revised 12/18 2 DocuSign Envelope ID: F2F9AD46-A8C2-4670-93E9-3ACCCBC6F498 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. ORAN—TDocu3iyne'd by` PROVIDET Docusigned by: � . QVIn ��soV1, ba.q" By: — sooscoae81844c5. BY soaeaF64954441a Department Director Title: VILE PRESIDENT- 200 S. Cameron St. Seegars Fence Company P.O. Box 8181 P.O Box 61378 Hillsborough,NC 27278 Durham,NC 27715 Revised 12/18 3 DocuSign Envelope ID: F2F9AD46-A8C2-4670-93E9-3ACCCBC6F498 AEEGAHS _C�' P.O. Boxam N 378 R Durham, NC 27715 FENCE COMPANY `'`W s111111111TH11111f-AUU11GS1lICF1B49 Phane:919-489-5303 Cele6ra[I�g aver 65 Yea 1 � Fax:919-732-0767 SERVICE PROFE881DIdUSM LNFMTrVE Fb ATt 011Ps VffEGRUY 7EWMP.( CHAIN LINK • WOOL] • ORNAMENTAL • PVC • ACCESS CONTROL • CUSTOM FABRICATION Proposal Submitted To: Date Bid# DUDU03723 ORANGE COUNTY 10 10 2019 Attn: PAUL SORRELL Job Name PSORRELL@ORANGECOUNTYNC.GOV GATE Street job Location 431 W. MARGARET LANE ISAME, SAME NC City,State,and Zip Code Fax Number job Phone HILLSSOROUGH NC 27278 1919-644-3001 919-245-2626 We Aereby propose tdre AoAlowlity work. FURNISH AND INSTALL 1-B'WIDE X 10' HIGH DOUBLE GATE. MATERIALS USED: 4" STEEL POST{CORE DRILLED} 15/8"STEEL FRAME 1 4- 2X4 BRACES ON FRAME 1X6 PICKETS( DOG EAR, BOARD ON BOARD } HEAVY DUTY LATCH I $1656.00 In submitting this proposal,it is assumed that there Is no underlying ROCK or concrete an the property which will necessitate drilling or blasttag,or any other unusual conditions Inva Wing extra labor In the erection of this fence and that the fence right of way will be marked by the owner or genera]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 responsibi€ity of the owner to advise workers of the location of any underground cables,lines,etc.If such are not marked properly,the owner assumes res pans]bility for them.Should an account not be paid as agreed,any cost of collection€nctuding interest and attorney's fees,etc.sha€I he paid by the customer. Payment to be made as follows: 50% Deposit Balance Due Upon Completion All material Is guaranteed to be as specified.Al work to be completed In a workmanlike manner according to Industry practices. Any alteration or proposed deviatlon from above specifications involving extra costs, and will JASON CHAMBERLAIN become an extra charge over and above the estimate. All agreements By: contingent upon strikes,accidents or delays beyond our control. Owner to carry tire, 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 conditions Acceptance: are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. If proposal Date: 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 contracted improvements to real property and is duly authorized to sign Note:This proposal may be withdrawn if not accepted within 10 days DocuSign Envelope ID: F2F9AD46-A8C2-4670-93E9-3ACCCBC6F498 CERTIFICATE OF LIABILITY INSURANCE DATEtMI%UDDIYYYYI 10r141zv1 a THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND 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 AIC No Ext: (252)442-3186 A�Na; (252)451-9400 950 Country Club Road E-MAIL sdenton@jharm.com ADDRESS: P O.Box 7907 INSURER{S)AFFORDING COVERAGE NAIC it 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 a1378 INSURER D: INSURER E: Durham NC 27715 INSURERF: COVERAGES CERTIFICATE NUMBER: CL197204216 REVISION NUMBER: THIS IS TO CE RTI FY THAT TH E POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER]aD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DES CRI8ED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUS ION S AND CONDITIONS OF SUCH POLICIES.L[MITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR A LJUL bUtIN POLICY Err POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICYNUMBER MMIDDrMY MMIDDf"YY LIMITS X COMMERCIAL GENERAL LIABILITY EACHOCCURRENCE S 1,000.000 CLAIMS-MADE FSJ OCCUR PREMISES Ea occurrence S 500,060 MED EXP(Any one parson] S 15,000 A X XCU is not excluded Y Y S2174309 08/01/2019 =0112020 PERSONAL&ADV INJURY $ 1,000,000 GENL AGGREGATE LIMITAPPLIESPER: GENERALAGGREGATE S 2,000,000 POLICY[E jEC'T F1 LOC PRODUCTS-COMPIOPAGG S 2,000,000 OTHER: $ AUTOMOBILE LIABILITYCOMBINE ld D SINGLE LIMIT s '1.000,000 I Ea accenl ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED S2174309 D810112019 D810112020 BODILY INJURY(Per a=Went) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accldeM IX 1 $ x UMBRELLA LIAB X OCCUR EACH OCCURRENCE s 5,000,000 A EXCESS LIAR CLAIMS-MADE S2174341 0810112019 D810112020 AGGREGATE $ 5,000,000 DED I XI RETENTION S 0 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER B ANY PROPRIETORIPARTNERIEHECUTIVE M NIA WCV8147075 D8101/2v19 08101r2020 E.L.EACH ACCIDENT $ 1,ODO,OOt1 OFFICERIMEMBER EHCI.UDFD? 1,DDv,000 {Mandatory in NHI E.L.DISEASE-FA EMPLOYEE $ If yes,describe under 1,D00,000 DESCRIPTION of OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Equipment Floater Rented/Leased $125,000 A S2174309 08/01/2019 08/01/2020 Equipment ❑ESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The certificate holder is included as additional insured with respects to general liability as required by written contract. The policies are written on a primary& non-oontributory basis with a waiver Of subrogation In favor of the certificate holder. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DES CWEE❑POLICIES 8E CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Orange County Asset Management Services ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 AUTHORIZED REPRESENTATIVE Hillsborough NC 27278 ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACOR❑