HomeMy WebLinkAbout2024-149-E-DEAPR-Seegars Fence Co. Inc. of Durham-Replace Fence in River ParkRevised 01/24
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[Departmental Use Only]
TITLE Seegars Fence
FY 23-24
NORTH CAROLINA
SERVICES AGREEMENT NO RFP/RFQ
ORANGE COUNTY
This Services Agreement (hereinafter “Agreement”), made and entered into this 6th day of
March, 2024, (“Effective Date”) by and between Orange County, North Carolina a political
subdivision of the State of North Carolina (hereinafter, the "County") and Seegars Fence Co. Inc.
of Durham, (hereinafter, the "Provider").
WITNESSETH:
That the County and Provider, for the consideration herein named, do hereby agree as
follows:
1. Services
a. Scope of Work.
i) This Agreement is for services to be rendered by Provider to County with respect
to (insert type of project): Fence replacement in River Park
ii) By executing this Agreement, the 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.
iii) Time is of the essence with respect to this Agreement.
iv) The services to be performed under this Agreement consist of Basic Services, as
described and designated in Section 3 hereof. Compensation to the Provider for
Basic Services under this Agreement shall be as set forth herein.
2. Responsibilities of the Provider
a. Services to be provided. The Provider shall provide the County with all services
required in Section 3 to satisfactorily complete the Project within the time limitations set
forth herein and in accordance with the highest professional standards.
b. Standard of Care.
i) The Provider shall exercise reasonable care and diligence in performing services
under this Agreement in accordance with the highest generally accepted standards
of this type of Provider practice throughout the United States and in accordance
with applicable federal, state and local laws and regulations applicable to the
performance of these services. Provider is solely responsible for the professional
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quality, accuracy and timely completion and submission of all work related to the
Basic Services.
ii) Provider shall be responsible for all errors or omissions of its agents, contractors,
employees, or assigns 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.
iii) The Provider shall not, except as otherwise provided for in this Agreement,
subcontract the performance of any work under this Agreement without prior
written permission of the County. No permission for subcontracting shall create,
between the County and the subcontractor, any contract or any other relationship.
iv) Provider is an independent contractor of County. Any and all employees of the
Provider engaged by the Provider in the performance of any work or services
required of the Provider under this Agreement, shall be considered employees or
agents of the Provider only and not of the County, and any and all claims that may
or might arise under any workers compensation or other law or contract on behalf
of said employees while so engaged shall be the sole obligation and responsibility
of the Provider.
v) If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Provider represents that it or its employees,
agents and subcontractors engaged in such activities possess such licenses,
certifications, or credentials and that such licenses certifications, or credentials are
current, active, and not in a state of suspension or revocation.
vi) Should any documents, exhibits, or addenda be attached to this Agreement, the
terms of this Agreement shall have priority in any conflict with or among the
terms of such referenced documents, exhibits.
vii) Should this Agreement involve project designs, the construction or creation of
which is to be bid out or fulfilled by other contractors, and bidding or negotiation
with contractors produce prices which, when added to the other elements of the
approved total project cost, produce a cost that is in excess of the approved total
project cost, the Provider shall participate with the County in negotiation and
design adjustments to the extent such are necessary to obtain prices within the
approved total project cost. All activity of the Provider with respect to these
matters shall constitute Basic Services and shall be performed by the Provider
without additional compensation. If negotiation and design adjustments fail to
bring costs within the total project cost the County may reject all bids and
Provider will redesign or reduce portions of the project in an effort to reduce the
bid prices to within the total project cost and rebid the project. One such redesign
is included within Basic Services. If this second letting for bids does not produce
bids that are within the approved total project cost initially or after negotiations
with the contractor the cost is not reduced to an amount within the total project
cost, the Provider is not obligated to engage in further redesign.
3. Basic Services
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a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows
(fully describe services to be provided): Furnish and install approximately 850 LF of 3' 2
rail split rail fence with concrete footings for all post. Price includes take down and
disposal of existing 2 rail fence by cutting all line posts off at grade level.
4. Duration of Services
a. Term. The term of this Agreement shall be from March 6th 2024 to July 1st 2024.
b. Scheduling of Services.
i) The Provider shall schedule and perform its activities in a timely manner.
ii) Should the County determine that the Provider is behind schedule, it may require
the Provider to expedite and accelerate its efforts, including providing additional
resources and working overtime, as necessary, to perform its services in
accordance with the approved project schedule at no additional cost to the
County.
iii) The Commencement Date for the Provider's Basic Services shall be March 11th.
5. Compensation
a. Compensation for Basic Services. Compensation for Basic Services shall include all
compensation due the Provider from the County for all services satisfactorily (as
determined by the County) performed pursuant to this Agreement. The maximum
amount payable for Basic Services shall not exceed Twelve Thousand Two Hundred
Five Dollars ($12,205.00). Payment for satisfactorily performed Basic Services shall
become due and payable within thirty (30) days of Provider properly invoicing County.
Payment shall be subject to provisions of Section 5(b).
b. Disputes. In the event the amount stated on an invoice is disputed by the County, the
County may withhold payment of all or a portion of the amount stated on an invoice
until the parties resolve the dispute. 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.
c. Additional Services. County shall not be responsible for costs related to any services in
addition to the Basic Services performed by Provider unless County requests such
additional services in writing and such additional services are evidenced by a written
amendment to this Agreement.
6. Responsibilities of the County
a. Cooperation and Coordination. The County has designated (Travis Bogle) to act as the
County's representative with respect to the Project who shall have the authority to render
decisions within guidelines established by the County Manager or the County Board of
Commissioners and who shall be available during working hours as often as may be
reasonably required to render decisions and to furnish information.
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7. Insurance
a. General Requirements. 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/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.
8. Indemnity
a. Indemnity. To the extent authorized by North Carolina law the Provider agrees, without
limitation, to defend, indemnify and hold harmless the County from all loss, liability,
claims or expense, including attorney's fees, arising out of or related to the Project and
arising from property damage or bodily injury including death to any person or persons
caused in whole or in part by the negligence or misconduct of the Provider except to the
extent same are caused by the negligence or willful misconduct of the County. It is the
intent of this provision to require the Provider to indemnify the County to the fullest
extent permitted under North Carolina law.
9. Amendments to the Agreement
a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional
compensation or a change in duration of this Agreement shall be made by a written
Amendment to this Agreement executed by the County and the Provider. The Provider
shall proceed to perform the Services required by the Amendment only after receiving a
fully executed Amendment from the County.
10. Termination
a. Termination for Convenience of the County. This Agreement may be terminated without
cause by the County and for its convenience upon seven (7) days’ prior written notice to
the Provider.
b. Other Termination. The Provider may terminate this Agreement based upon the County's
material breach of this Agreement; provided, the County has not taken all reasonable
actions to remedy the breach. The Provider shall give the County seven (7) days' prior
written notice of its intent to terminate this Agreement for cause. Either party may
terminate this Agreement upon notice to the other party that obligations pursuant to this
Agreement are made impractical due to declarations of emergency by Orange County or
by North Carolina due to events directly impacting Orange County. Both parties shall
remain responsible for all payment and performance due up to the receipt of such notice,
but shall have no further obligation or responsibility beyond that date provided the
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terminating party has taken all reasonable steps to complete the performance of its
obligations.
c. Compensation After Termination.
i) In the event of termination, the Provider shall be paid that portion of the fees and
expenses that it has earned to the date of termination, less any costs or expenses
incurred or anticipated to be incurred by the County due to errors or omissions of
the Provider. Upon request of the County, the Provider shall submit to County all
relevant documentation, including but not limited to, job cost records, to support
its claims for final compensation.
ii) Should this Agreement be terminated, the Provider shall deliver to the County
within seven (7) days, at no additional cost, all deliverables including any
electronic data or files relating to the Project.
d. Waiver. The payment of any sums by the County under this Agreement or the failure of
the County to require compliance by the Provider with any provisions of this Agreement
or the waiver by the County of any breach of this Agreement shall not constitute a
waiver of any claim for damages by the County for any breach of this Agreement or a
waiver of any other required compliance with this Agreement.
e. Suspension. County may suspend the Basic Services and this Agreement at any time for
County’s convenience and without penalty to County upon three (3) days’ notice to
Provider. Upon any suspension by County, Provider shall discontinue work on the Basic
Services and shall not resume the Basic Services until notified to proceed by County.
11. Additional Provisions
a. Limitation and Assignment. The County and the Provider each bind themselves, their
successors, assigns and legal representatives to the terms of this Agreement. Neither the
County nor the Provider shall assign or transfer its interest in this Agreement without the
written consent of the other.
b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights
of respective parties hereunder shall be governed by the laws of the State of North
Carolina. By executing this Agreement Provider affirms that Provider and any
subcontractors of Provider are 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 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.
c. Non-Discrimination. 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 non-discrimination laws, policies, rules, and regulations and the Orange
County Non-Discrimination Policy and Orange County Living Wage Policy (each
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Orange County policy is incorporated herein by reference and may be viewed at
http://www.orangecountync.gov/departments/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.
d. 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.
e. Entire Agreement. This Agreement represents the entire and integrated agreement
between the County and the Provider and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be amended
only by written instrument signed by both parties. Modifications may be evidenced by
facsimile signatures.
f. Severability. If any provision of this Agreement is held as a matter of law to be
unenforceable, the remainder of this Agreement shall be valid and binding upon the
Parties.
g. Ownership of Work Product. Should Provider’s performance of this Agreement generate
documents, items or things that are specific to this Project such documents, items or
things shall become the property of the County and may be used on any other project
without additional compensation to the Provider. The use of the documents, items or
things by the County or by any person or entity for any purpose other than the Project as
set forth in this Agreement shall be at the full risk of the County.
h. 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 or 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 or non-appropriation of public funds. It is expressly agreed that County
shall not activate this non-appropriation provision for its convenience or to circumvent
the requirements of this Agreement.
In the event of a change in the County’s statutory authority, mandate or mandated
functions, by state or federal legislative or regulatory action, which adversely affects
County’s authority to continue its obligations under this Agreement, then this Agreement
shall automatically terminate without penalty to County upon written notice to Provider
of such limitation or change in County’s legal authority.
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i. Signatures. 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.
j. Notices. Any notice required by this Agreement shall be in writing and delivered by
certified or registered mail, return receipt requested to the following:
Orange County Provider’s Name
Attention:Travis Bogle Seegars Fence Co. Inc.
P.O. Box 8181 PO Box 61378
Hillsborough, NC 27278 Durham, NC 27715
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have
hereunder set their hands and seal, all as of the day and year first above written.
ORANGE COUNTY: PROVIDER:
By: _________________________________
Bonnie Hammersley
By: __________________________________
Jason Daniels Owner/Operations Manager
Printed Name and Title
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ORANGE COUNTY—INTERNAL USE ONLY
______________________________________________________________________________
Finance Information
Vendor Name: Seegars Fence Co. Inc. of Durham Vendor Contact Person: Jason Daniels Phone: 919-489-5303
Address: PO Box 61378 City Durham State: NC Zip: 27715 Department: DEAPR Amount: $12,205.00 Purpose:
Replace Fence in River Park Budget Code(s): 61370035 880000 20039 Vendor # 41408
Vendor Status with NCSOS: Current / Active Vendor is a BOCC consultant: Yes No
Contract Details
Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment )
Effective Date 3/6/24 End Date 7/1/24 Notice Date (Notice Purpose )
Award
Approved by Board (Agenda Date: ); Made or Administered by
Signature Authority
- BOCC Express Delegation (Agenda Date: )
- Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000
- Budget Policy Section XV (Capital Improvement Project: )
Bidding
Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# )
Department Affirmation
This agreement is approved as to technical form and content and I as Department Director affirmat ively state
work on this project has not been initiated prio r to execution of the agreement.
This agreement is approved as to technical form and content. Services related to this agreement have alread y
begun or been completed. Description of the nature of the emergency condition that was addressed:
Department Director’s Signature ________________________________________ Date: ________
Information Technologies
This agreement has been reviewed and is approved as to information technology content and specifications:
Office of the Chief Information Officer___________________________________ Date: ________
Inapplicable because no hardware/software purchases or related services
Risk Management
This agreement is approved for sufficiency of insurance standards, specifications, and requirements:
Office of the Risk Management Officer___________________________________ Date: _________
Financial Services
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control
Act:
Office of the Chief Financial Officer ____________________________________ Date: _________
Legal Services
This agreement is approved as to legal form and sufficiency:
Office of the County Attorney __________________________________________Date: ________
Clerk to the Board
All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov
The following signature block is for hard copies only and is not required for Docusign contracts:
Received for record retention:
Office of the Clerk to the Board __________________________________________Date:________
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3/7/2024
3/11/2024
3/11/2024
3/11/2024
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P.O. Box 61378
Durham, NC 27715
Phone:919-489-5303
Fax:919-732-0767
Date Bid #
Fax Number Job Phone
Page 1 0f 2
Initial:
RIVER PARK
Job Location
144 E. MARGARET LN., HILLSBOROUGH, NC
CHAIN LINK • WOOD • ORNAMENTAL • PVC • ACCESS CONTROL • CUSTOM FABRICATION
131 W. MARGARET LANE
We hereby propose the following work:
City, State, and Zip Code
HILLSBOROUGH, NC 27278 919-245-2626
Street :
2/21/2024
Proposal Submitted To:
ORANGE COUNTY
TBOGLE@ORANGECOUNTYNC.GOV
Attn: TRAVIS BOGLE Job Name
DUDU10024
919-644-3001
FURNISH & INSTALL APPROXIMATELY 850 LF OF 3’ 2 RAIL SPLIT RAIL FENCE WITH CONCRETE FOOTINGS FOR ALL POST.
PRICE INCLUDES TAKE DOWN AND DISPOSAL OF EXISTING 2 RAIL FENCE BY CUTTING ALL LINE POSTS OFF AT GRADE
LEVEL.
$12,205.00
*NOTE: CASH OR CHECK DISCOUNT FIGURED.
*NOTE: ALL ABOVE MEASUREMENTS ARE APPROXIMATE AND ALL SIZES ARE NOMINAL.
*NOTE: PLEASE REVIEW THE ATTACHED INFORMATION CONCERNING THE CUSTOMERS
RESPONSIBILITY FOR PROPERTY LINES AND UTILITIES.
Continued on Page 2 ....
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Page 2 0f 2 Bid #
Payment to be made as follows:There will be a 3% convenience fee applied to all payments received via credit card.
Date:
DUDU10024
JASON DANIELS, CFPProposed
By:
Acceptance of Proposal-By signing this proposal,you will be entering into
a contract with Seegars Fence Company,Inc.of Durham.The above
prices,specifications and conditions are satisfactory and are hereby
accepted.You are authorized to do the 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 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.
50% Deposit / Balance Due Upon Completion
Note: This proposal may be withdrawn if not accepted within 10 days
Customer
Acceptance:
All material is guaranteed to be as specified. All work to be completed in a
workmanlike manner according to industry practices.Any alteration or
deviation from above specifications involving extra costs,and will become
an extra charge over and above the estimate.All agreements 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.
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.
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 marking all public utilities. It is the customer's responsibili ty to locate private utilities prior to our
arrival. “Private” undergrounds include, but are not limited to, cables running to pools, satellite disks, storage buildings , sprinkler systems, wells, septic tanks,
propane tanks and gas lines, etc. Hopefully, this will keep our crews safe and 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 fe nce 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 tha n 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 E stimator/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 spacin g.
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 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 specia l 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 some degree of warpage, splitting, and cracking following installation. Inasmuch as we have n o control over the above, the
extent of our warranty concerning warpage, splitting, and cracking is to provide replacement boards or posts to you the custo mer. Our warranty does not
include providing labor to replace such except those identified within 10 days following our final day of installation.
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E-589CI Affidavit of Capital Improvement
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 B
Address Address
City ST ZIP City ST ZIP
NC NC
Describe capital improvement to be performed:
Project Name
Project Address City ST ZIP
NC
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.
Signature of Authorized Person:Title:Date:
RIVER PARK
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 willfully 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.
ORANGE COUNTY Seegars Fence Company, Inc. of Durham
131 W. MARGARET LANE P.O. Box 61378
HILLSBOROUGH 27278 Durham 27715
New Fence Installation
144 E. MARGARET LN., HILLSBOROUGH, NC HILLSBOROUGH 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.
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.
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