HomeMy WebLinkAbout2020-225-E DSS - Seegars Fence installation DocuSign Envelope ID: F95C199F-F97E-472F-8EC3-1F88449C7DC7
[Departmental Use Only]
TITLE Seegars Fence Install
FY 2019-2020
ORANGE COUNTY
CONTRACT UNDER$5,000.00
NORTH CAROLINA
THIS AGREEMENT,made and entered into this 19 day of December,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, Inc. (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: Provide labor,parts, and materials to install 1-6' high x
8' wide black montage plus majestic ameristar steel fence with 2.5" posts core drilled in sidewalk at 113
Mayo Street,Hillsborough as detailed in quote DUDU03669,dated September 26,2019,which is attached as
Exhibit A.
The term of this agreement rendered shall be from 12/19/2019 to 6/30/2020.
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 (as
determined by the County) performed in accord with this Agreement. The amount to be paid by the County
shall not exceed One Thousand and Fifty-Seven Dollars, ($1,057.00). 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 pay n?ent 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.
Revised 11/19 1
DocuSign Envelope ID: F95C199F-F97E-472F-8EC3-1F88449C7DC7
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
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/det)artments/purchasing diyisionlcontracts;phl}. If County's Risk
Manager determines additional insurance coverage is required such additional insurance shall be designated
here NA (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. Indemnt: To the extent authorized by North Carolina law 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. It is the intent of this
provision to require the Provider to indemnify the County to the fullest extent permitted under North
Carolina law.
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 Si atures: 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 telefacsirnile 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 44 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
h!W://www.orangecountync.gov/departmen!L/Rurchasing divisionlcontracts. h .). 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
arms 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.
Revised 11119 2
DocuSign Envelope ID: F95C199F-F97E-472F-8EC3-1F88449C7DC7
9. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be
resolved by nonbinding mediation. If such mediation fails either parry 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.
10. Non Apmpriation: 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.
z� DoXu g
■iTr,T reed by,.wntr PR(' OocuSi ned
�R UocuSigned by:+t}+ �(`}��f] g {R�''
('66w 6�ggp�1��,.tr`O .p,',giy�44r�.�
By: �AE1 E196AM455... By. 1l-t'F PR4,MENT
Department Director Title:
200 S. Cameron St. Jason Daniels
P.O.Box 8181 PO Box 61378
Hillsborough,NC 27278 Durham,NC 27715
Revised 11119
DocuSign Envelope ID: F95C199F-F97E-472F-8EC3-1 F88449C7DC7
P.O. Box 61 378
EEGARS R
Durham, NC 27715
FENCE COMPANY Phone:919-489-5303
SE MNS THE NI 5411i1f c SINCE INN Celebrating over 6S Yearsl
�• F3P
' Ft ' � Fax:919-732-0767
w r.CE PROFESSOLaMki 9i11 MVC ACLA704SHIPS INTEGRITY MUWONr
CHAIN LINK - WOOD • ORNAMENTAL • PVC • ACCESS CONTROL • CUSTOM FARRIICATION
Proposal Submitted To: Date Bid# DUDU03669
ORANGE COUNTY 09 26 2019
Attn:ALAN ❑ORMAN job Name
adorman@oran ecount nc. ov HILLSBOROUGH COMMONS
Street: job Loratlon
131 W. MARGARET LANE 113 MAYO ST H I LLSBOROUG H, NC
City,State,and lip Code Fax Number job Phone
HiLLSBOROUGH NC 27278 1919-644-3001 919-245-2626
We A ere by propose the ,''ollowr�ey work: Page 1 Of_2
FURNISH&INSTALL 1-6'HIGH X 8'WIDE BLACK MONTAGE PLUS MAJESTIC AMERISTAR STEEL FENCE WITH 2.5 POSTS
CORE DRILLED IN SIDEWALK.
$1057.00
*NOTE:CASH OR CHECK DISCOUNT FIGURED.
*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: F95C199F-F97E-472F-8EC3-1 F88449C7DC7
Page 2 Of 2 Bid# DUDU03669
Thank you for considering 5eegars 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:
5eegars Fence Company will call underground locators for you. The locators generally mark all public utlIIties. 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,satel Ilta disks,storage buildings,sprinkler
systems,wells,septic tanks,propane tanks and gas lines,etc. Hopefully,this will prevent needless repair bills for you.
2. Prooerty ines:
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.Mote:If any fence has to be re-located due to property line disputes it will be the
responsibility of the property own erta pay to have the fence re-to rated.Your approval for fence locatlon 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 dean your fence IInes 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
requlre heavy equlpinent. When such obstacles are encountered,It may be necessary to adjust your fence layout or post spacing.
S. 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 f our 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 g round,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 same degree of warpage,spiItting,and cracking folI owl ng installation. Inasmuch as we have n a 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. Our warranty does not include
providing labor to replace such except those identified within 16 days following our final day of installation.
In submlttingthis proposal,it Is assumed that there is no underlying ROCK or can crete on the property which wIII necessitate dr[iling or blast]ng,or any other unusual conditions
Involving extra labor In the erection of this fence and that the fence right of way will he 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,cr any additlans or changes are made by the customer,additional charges will be made at currentmarket prices.It shalt
be the responsiblllty of the owner to advise workers of the locatlon of any underground cabies,lines,etc.If such are not marked properly,the owner assumes responsibility for
them.Shinuld an account not he paid as agreed,any cost of collection including interest and attorney's fees,etc.shall be paid hythe customer.
Payment to be made as follows:
50%Deposit Balance Due Upon Completion
All material is guaranteed to be as specifed.All work to be completed in
a workmanlike manner according to industry practices. Any alteration or Proposed �} DANIELS,� r
deviation from above specifications involving extra costs, and willC L��
become an extra charge over and above the estimate. All agreements By: J JdfV
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 nronosal may he wi hdrawn if not accepted withi 1 days
DocuSign Envelope ID: F95C199F-F97E-472F-8EC3-1 F88449C7DC7
E-559CI 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.
■ A person who willtully attempts,or a person who aids or abets a person to attempt in any manner,to evade 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 Rea Property Contractor Real Property Contractor(Genera!Contra cto r o r Su boo ntractor)
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. 2771-5
Describe capital improvement to be perfarmed:
New Fence Installation
Project Name
HILL58OROUGH COMMON5
Project Address City ST ZIP
113 MAYO ST,HILLSBOROUGH,NC HILLSBOROUGH NC 27278
I 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.
DocuSigned by:
�bsfbin- Director 3/11/2020
Signature of Authorized Person. � Title: Date:
OAE1 E1 MA83B455...
Section li.Blanket Use(Complete this section execute a blanket affidavit.)
Real Property Contractor Real Pro p e rty Contra cto r 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: F95C199F-F97E-472F-8EC3-1F88449C7DC7
DATE IMMrDDIYYYY}
ACC>lv CERTIFICATE OF LIABILITY INSURANCE
1 011 412 0 1 9
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 poi€cy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
if SUBROGATION 1S 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).
CONTACT Susan Denton
PRODUCER NAME:
John Hackney Agency of Rocky Mount PHONE (252)442-3186 AIC
C No No; (252)451-9400
950 Country Club Road ADDRESS: sdentan@jharm.com
P.O.Box 7807 INSURER(SI AFFORDING COVERAGE NAIC A
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
Seegers Fence Co,Inc,of Durham INSURER C:
PO Box 61378 INSURER D:
IN SURER E:
Durham NC 2T116 INSURER F:
COVERAGES CERTIFICATE NUMBER: C0 9 7 20421 6 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED 8ELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INOICATED. NOTWITHSTANDI NO ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY 8E ISSUED OR MAY PERTAIN,THE I NSURANCE AFFOR DED 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 J ADDL5UHH. POLICY EFF POLICY LIMITS
LTR TYPE OF INSURANCE WVD POLICY NUMBER MMfDolY MMIDDrrM
x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 3 1.000,000
DAMAGE TO RENTE L)CLAIMS-MADE N OCCUR PREMISES Ea occurrence $ 500,000
MEO ExP(8my onePerson) $ 15.000
A X XCU is not excluded Y Y S2174309 08101/2019 08101l2020 PERSONAL&ADVINJURY $ 1,000,000
GEN'LAGCAEGATEUMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
POLICY [9 JPELaT LOC PRODUCTS-COMP*PAGG $ 2,000.000
S
OTHER;
AUTOMOBILE LIABILITY Ee a�da�SINGLE LIMIT S 1,000,000
]sti ANYAUTO BODILY INJURY(Per Person) S
A OWNED SCHEDULED S2174309 ORIO112019 08/01/2020 BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
x HIRED H
NON-OWNED PROPERLY DAMAGE 3
AUTOS ONLY AUTOS ONLY Per ocidant
UMBRELLA UAB x OCCUR EACH OCCURRENCE S 5,000,0()0
A "LESS LIAR CLAIMS-MADE- S2174341 08/01/2019 08/01/2020 AGGREGATE S 5,000,000
DEO I X1 RETENTION 5 0 $
WORKERS COMPENSATION STA7TJ EORT
AND EMPLOYERS'LIABIUTY Y f N
ANY PROPRIETORfPARTNEX5)(ECUTIVE E.L EACH ACCIDENT $
1'000'000
B OFFICERIMEMBER EXCLUDED? 1 N f A WCV6147075 OSI0712019 08101/2020
(Mandatory in NH) E.LDISEASE-PAEMPIAYEE S 1,000,000
If yes,descdbe under 1,000,000
147ip
DIPTION OF OPERATIONS balow E.L SEASE-POLICY LIMITRented/Leased $125,000ment Floater 52174309 0810112019 0810112020 Equipment
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(ACORO 1a1,Additional Remarks Schedule,may be attached If more space is requfred)
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-contributory basis with a waiver of subrogation in favor of the certificate holder.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIE5 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 �}
Hlllsborough NC 27278
C 1908-2015 ACORD CORPORATION. Alf rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD