HomeMy WebLinkAbout2024-335-E-AMS-Seegars Fence Company of Durham, Inc-ES - Push Bars on gates per fire marshalRevised 01/24 1
[Departmental Use Only]
TITLE ES Fence Gates
FY 2023-2024
NORTH CAROLINA
CONSTRUCTION AGREEMENT UNDER $250,000.00
ORANGE COUNTY
THIS CONSTRUCTION AGREEMENT (hereinafter called “Agreement”), made as of the 25th
day of June, 2024, by and between Seegars Fence Company of Durham, Inc., (hereinafter called the
“Contractor”), and Orange County, a political subdivision of the State of North Carolina, (hereinafter
called the “County,” “Orange County,” or “Owner”).
W I T N E S S E T H:
That the Contractor and the Owner, for the consideration herein named, agree as follows:
1. CONTRACT DOCUMENTS; PRIORITY
The Contract Documents consist of this Agreement, the Request for Proposals, Proposal,
Construction Drawings, and Written Specifications. The Contract Documents form the Contract. In the
event of any inconsistency between or among the Contract Documents the Contract Documents shall be
interpreted in the following order of priority:
a. This Agreement.
b. Designer Approved Bulletins and Field Orders.
c. Request for Proposals and addenda thereto.
d. Proposal.
2. SCOPE OF WORK
The Contractor shall furnish and deliver all of the materials, and perform all of the work
required by this Agreement within the time period stipulated in a written Notice-to-Proceed to be
executed by the Contractor and Owner and in accordance with the following enumerated documents,
which are made a part hereof as if fully contained herein:
a. Construction Drawings prepared by NA (Sheet dated )
b. Written specifications prepared by the project engineer.
c. Seegars Fence Company of Durham, Inc. proposal dated June 17, 2024 which fully
describes the work to be performed. Such work will hereafter be called the “Work”.
d. Related documents listed under Section 1 above.
3. TERM AND SCHEDULING
a. The Contractor agrees to commence work pursuant to the written Notice to Proceed.
b. The Contractor agrees to complete substantially all Work by September 30, 2024.
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c. Time is of the essence with respect to all dates specified in the Contract Documents as
Completion Dates.
d. The Contractor shall perform the Work in the time, manner, and form required by the
Contract Documents and as stipulated in a written Notice-to-Proceed to be executed by the
Contractor and Owner.
e. It is expressly understood that the Owner will employ other contractors to perform work as
a part of the Project whose work will be performed simultaneously and sequentially with
the performance of the Work by the Contractor. It shall be necessary for the Contractor to
coordinate its activities with such other contractors, particularly with respect to access to
work areas, storage of materials and other common facilities.
f. Should the Owner determine that the Contractor is behind schedule Owner may require, at
no additional cost to the Owner, the Contractor to expedite and accelerate its efforts,
including providing additional resources and working overtime, as necessary, to perform
the Work in accordance with the approved project schedule.
4. STANDARD OF CARE
a. The Contractor shall exercise reasonable care and diligence in performing the Work in
accordance with the highest generally accepted standards of this type of Contractor
practice throughout the United States and in accordance with applicable federal, state and
local laws and regulations applicable to the performance of these services. Contractor is
solely responsible for the professional quality, accuracy and timely completion and
submission of all work.
b. The Contractor shall not load or permit any part of the Work to be loaded with a weight
that will endanger its safety, intended performance or configuration.
c. Contractor shall be responsible for all errors or omissions caused by its employees, agents,
contractors, or assigns in the performance of the Agreement. Contractor shall correct any
and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional
cost to the Owner.
d. Contractor is an independent contractor of Owner. Any and all employees of the
Contractor engaged by the Contractor in the performance of any work or services required
of the Contractor under this Agreement, shall be considered employees or agents of the
Contractor only and not of the Owner, 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 Contractor.
e. If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Contractor 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.
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f. 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
Subcontractor(s) in the performance of the Work including all of Owner’s property in
Contractor’s care, custody, or control, and all such property while it is in transit.
g. The Contractor is solely responsible for obtaining all permits necessary to complete the
Work in compliance with all local, state, and federal laws.
5. PAYMENT & TAXES
a. The Owner hereby agrees to pay to the Contractor for the faithful performance of this
Agreement and the Contractor hereby agrees to perform all of the Work for a sum not-to-
exceed Five Thousand, Five Hundred Sixty-Four Dollars ($5,564.00). Not later than the
fifth (5th) day of each calendar month the Contractor shall submit to the Owner’s
Representative, generally the architect if an architect is retained on the Work, a Request for
Payment for work done during the previous calendar month.
i. The Request for Payment shall be in form of a standardized invoice or AIA
Document G702-703 appropriately addressed to Owner’s Representative at PO Box
8181, Hillsborough, NC 27278 and shall show substantially the value of work done
during the previous calendar month.
ii. The amount due for payment shall be ninety-five percent (95%) of the value of
work completed since the last Request for Payment and this amount shall be paid
by the Owner on or before the last business day of the month. Owner shall retain
five percent (5%).
1. Upon Owner’s Representative’s certification that ninety percent (90%) of
the Work has been satisfactorily completed retainage may be discontinued.
Retainage may be discontinued, at Owner’s Discretion, so long as work
continues to be completed satisfactorily and on schedule.
iii. Final payment shall not be due to the Contractor until thirty (30) days after one
hundred percent (100%) of the Work, including punch list work, has been
satisfactorily (as determined by the County) completed and an appropriate affidavit
as required in Section 7(c) below has been received by Owner.
b. Should Owner reasonably determine that Contractor has failed to perform the Work related
to a Request for Payment, Owner, at its discretion may provide the Contractor ten (10)
days to cure the breach. Owner may withhold the accompanying payment without penalty
until such time as Contractor cures the breach.
i. Should Contractor or its representatives fail to cure the breach within ten (10) days,
or fail to reasonably agree to such modified schedule, Owner may immediately
terminate this Agreement in writing, without penalty or incurring further obligation
to Contractor.
ii. This section shall not be interpreted to limit the definition of breach to the failure to
perform the Work related to a Request for Payment.
c. The Contractor has included in the Contract Price and shall pay all taxes assessed by any
authority on the Work or the labor and materials used therein. It shall be the Contractor's
responsibility to furnish the Owner documentary evidence showing the materials used and
sales and use tax paid by the Contractor and each of its subcontractors.
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6. INSURANCE AND BONDS
a. Minimum 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.orangecountync.gov/departments/purchasing_division/contracts.php). If
Owner’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). Contractor shall not commence construction work until such
insurance is in effect and certification thereof has been received by the Owner's Risk
Manager.
b. Performance Bonds – Contractor shall furnish bonds covering the faithful performance of
the Contract and payment of all obligations arising under any of the Contract Documents
or related in any way to the Work. Contractor shall immediately furnish a copy of such
bonds to any requesting person who appears to be a potential beneficiary of bonds
covering payment obligations arising under any of the Contract Documents. This
subsection 6(b) applies only to Contracts of fifty thousand dollars ($50,000.00) or more
where the total cost for the project is three hundred thousand dollars ($300,000.00) or
more.
7. INDEMNITY
a. To the extent authorized by North Carolina law the Contractor shall indemnify, without
limitation, and hold harmless to the maximum extent permitted by law the Owner and its
agents and employees from and against any and all claims, damages, losses and expenses,
including attorney's fees, arising out of or resulting from the performance or
nonperformance of the Work, provided that any such claim, damages, loss or expense (A)
is attributable to bodily injury, sickness, disease or death or injury to, or destruction of,
property, including the loss of use resulting therefrom; and (B) is caused in whole or in
part by any breach of any provision of the Agreement or by any negligent or wrongful act
or omission of the Contractor, any Subcontractor, or supplier of the Contractor, anyone
directly or indirectly employed by any of them or anyone for whose acts any of them may
be liable. The indemnification obligation under this paragraph shall not be limited in any
way by any limitation of the amount or type of damages, compensation or benefits payable
by or for the Contractor or any subcontractor under workers' compensation acts, disability
benefits acts or other employee benefit acts. It is the intent of this section that the
Contractor shall indemnify the County to the maximum extent allowed by law.
b. The Contractor shall indemnify and hold harmless Owner from any lien of whatever type
through the purchase of appropriate bonds and insurance as designated in Section 6 above.
In the event any such lien is filed against Owner’s property Contractor shall, through such
bonds and insurance or at Contractors expense, defend Owner against all such claims of
lien.
c. Upon completion of the Work the Contractor shall execute an affidavit stating there are no
unpaid debts for any work that has been done or materials that have been furnished to the
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project prior to and as of the date of substantial completion and further stating that
Contractor shall indemnify, save and protect Owner and Owner’s lender, if any, harmless
from and against any and all claims, 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 such debts and liens. Such indemnification
shall be in a form and substance acceptable to Owner.
d. By executing this Agreement Contractor agrees to abide by and be bound by the
indemnification provisions herein.
8. DISPUTE RESOLUTION AND GOVERNING LAW
a. 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.orangecountync.gov/departments/purchasing_division/contracts.php).
b. The laws of the State of North Carolina shall apply to the interpretation and enforcement of
this Agreement. Any and all suits or actions to enforce, interpret or seek damages with
respect to any provision of, or the performance or nonperformance of, this Agreement or
the Contract shall be brought in the General Court of Justice of North Carolina sitting in
Orange County, North Carolina and it is agreed by the parties that no other court shall have
jurisdiction or venue with respect to such suits or actions.
c. Notice of any claim by Owner or Contractor must be initiated by written notice to the other
Party within thirty (30) days of the occurrence of the event giving rise to the claim or
within thirty (30) days of the discovery of the event or condition giving rise to the claim,
whichever is later.
i. Should any claim be made, regardless of whether such claim is made by Owner or
Contractor, Contractor shall continue to faithfully and diligently perform the Work
in such a manner as to meet all scheduled timelines. Any failure to faithfully and
diligently perform the Work may be deemed, by the Owner, a breach of the
Contract.
ii. If a claim is made such claim shall be made to the initial decision maker, if
applicable, who may request more supporting data, reject the claim in whole or in
part, approve the claim in whole or in part or advise the parties the claim is unable
to be resolved.
iii. If a claim is made by the Owner the Owner may, but is not obligated to, notify the
surety.
9. NON–APPROPRIATION
a. 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.
b. In the event that public funds are unavailable or 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
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unavailability or 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.
c. In the event of a change in the Owner’s statutory authority, mandate or mandated
functions, by state 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. NOTICES
Any notice required by this Agreement shall be in writing and delivered by certified or registered
mail, return receipt requested to the following:
Owner: Contractor:
Orange County Seegars Fence Company of Durham, Inc.
Attn: A. Barnes Attn: Jason Daniels
P.O. Box 8181 PO Box 61378
Hillsborough, NC 27278 Durham, NC 27715
11. MISCELLANEOUS
a. Duties and Obligations imposed by the Contract Documents shall be in addition to any
Duties and Obligations imposed by state, federal or local law, rules, regulations and
ordinances.
b. No act or failure to act by the Owner or Contractor shall constitute a waiver of any right or
duty granted them under the Contract Documents, nor shall any act or failure to act
constitute any approval except as specifically agreed in writing.
c. The Work shall be tested and inspected as required by the Contract Documents and as
required by law. Unless prohibited by law the costs of all such tests and inspections
related to state and federal codes such as ADA, Administrative, Electrical, Plumbing,
Mechanical and Building Codes shall be borne by the Contractor. The costs for material
and structural testing shall be conducted by an independent third party at the expense of the
Owner. Delays related to any of the aforementioned tests and inspections shall not be
grounds for delaying the completion of the work. If any such tests and inspections reveal
deficiencies in the Work such that the Work does not comply with terms or requirements
of the Contract Documents and the requirements of any code or law the Contractor is
solely responsible for the cost of bringing such deficiencies into compliance with the terms
of the Contract Documents and any code or law.
d. Should the Architect, if an architect is retained for the project involving the Work, or
Owner reject any portion of the Work for failing to comply with the Contract Documents
Contractor shall immediately, at Contractor’s expense, correct the Work. Any such
rejection may be made before or after substantial completion. If applicable, any additional
expense borne by the Architect under this section shall be paid at Contractor’s expense.
e. The Contractor shall not assign any portion of this Agreement nor subcontract the Work in
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its entirety without the prior written consent of the Owner.
f. 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.
g. 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 list created
by the State Treasurer pursuant to G.S. 147-86.58.
h. 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 list created
by the State Treasurer pursuant to G.S. 147-86.81.
i. The County has designated (Angel Barnes) 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 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.
j. 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 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.
k. 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 11A and
Article 40 of North Carolina General Statute Chapter 66.
l. In the event of a breach by Contractor Owner has sole authority to determine the
reasonableness of Contractor’s actions to remedy such breach or complete the performance
of its obligations.
m. Upon request of the Owner, the Contractor shall submit to County all relevant
documentation, including but not limited to, job cost records, to support its claims for final
compensation and if such request is made final compensation shall not be due until all
relevant documentation is received, reviewed, and approved by Owner.
12. CONSEQUENTIAL AND LIQUIDATED DAMAGES
a. Owner and Contractor mutually waive any claim against each other for consequential
damages. Consequential Damages include:
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i. Damages incurred by Owner for loss of use, income, financing, or business.
ii. Damages incurred by Contractor for office expenses, including personnel, loss of
financing, profit, income, business, damage to reputation, or any other non-direct
damages.
b. Liquidated damages shall be in accord with the Contract Documents. If the Contract
Documents do not otherwise address liquidated damages, such damages shall be in the
amount of five hundred dollars ($500.00) per day.
13. TERMINATION OR SUSPENSION
a. The Owner may, without cause, order the Contractor to terminate, suspend, delay or
interrupt the Work in whole or in part for such period of time as the Owner may determine.
i. If Owner issues a written order to delay, suspend, or interrupt the Work, and such
order is not due to or as a result of any fault on the part of the Contractor or any
subcontractor, the Contractor may recover a per diem amount of five hundred
dollars ($500.00) per day with a not-to-exceed limit of ten thousand dollars
($10,000.00).
ii. In the event of termination by the Owner under this Agreement, the Contractor
shall be entitled to receive its reasonable and documented direct costs incurred prior
to the date Owner mails the notice of termination, including the cost of materials
purchased for the Work, but only if such purchases cannot be canceled, or materials
returned, or which material cannot reasonably be used by the Contractor on other
work, and the cost of closing down the work in a safe and efficient manner.
iii. If Owner elects to suspend or terminate the contract pursuant to subparagraphs
13.a.i. or 13 a.ii. the sole remedy available to the Contractor are those listed in said
subparagraphs and Contractor is not entitled to any right to further claims for any
amount owed or disputed or for payment of damages alleged to have been sustained
as a result of Owner’s order to delay, suspend, or interrupt the Work.
b. The Owner may, with cause, order the Contractor to suspend, delay or interrupt the Work
in whole or in part for such period of time as the cause remains.
i. If Owner issues a written order to delay, suspend, or interrupt the Work, and such
order is due to or as a result of any fault on the part of the Contractor or any
subcontractor, the Owner may reduce payment at a per diem amount of five
hundred dollars ($500.00) per day for the full duration of the delay, suspension, or
interruption.
c. Contractor may terminate the Contract if, at the Owner’s written direction, the Work is
stopped for thirty (30) consecutive days through no act or fault of the Contractor, their
agents or employees, or a subcontractor or their agents or employees or any other person
performing work pursuant to the Contract Documents. Contractor may terminate the
Contract if a Court or other Public authority having jurisdiction enters a lawful order that
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requires all work to be stopped and such stoppage lasts for thirty (30) consecutive days.
d. Either party may terminate this Agreement upon notice to the other party that obligations
pursuant to this Agreement are made impossible 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 terminating party has taken all reasonable steps to complete the performance
of its obligations.
14. ENTIRE AGREEMENT
All of the documents listed, referenced or described in this Agreement, the written Notice-to-
Proceed, together with Modifications made or issued in accordance herewith are the Contract Documents,
and the work, labor, materials and completed construction required by the Contract Documents and all
parts thereof is the Work. The Contract Documents constitute the entire agreement between Owner and
Contractor. This Agreement may be amended only by written instrument signed by both parties.
Modifications may be evidenced by facsimile signatures. If any provision of the Agreement shall be
declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and
date first above written wholly or in a number of counterparts each of which shall, without proof or
accounting for other counterparts, be deemed an original contract.
ORANGE COUNTY CONTRACTOR
____________________________________ ________________________________________
Signature Signature
County Manager
________________________________________
Printed Name and Title
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Vice PresidentJason Daniels
6/24/20246/26/2024
Revised 01/24 10
ORANGE COUNTY—INTERNAL USE ONLY
______________________________________________________________________________
Finance Information
Vendor Name: Seegars Fence Company of Durham, Inc. Vendor Contact Person: Jason Daniels (jason@seegarsfence.com)
Phone: 919.489.5303 Address: PO Box 61378 City Durham State: NC Zip: 27715 Department: AMS Amount: $5564.00
Purpose: ES - Push Bars on gates per fire marshal Budget Code(s): 61370035-880000-30001 Vendor # 41409
Vendor Status with NCSOS: Multiple Vendor is a BOCC consultant: Yes No
Contract Details
Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment )
Effective Date 6/25/2024 End Date 09/30/2024 Notice Date (Notice Purpose )
Award
Approved by Board (Agenda Date: ); Made or Administered by AMS
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: 30001)
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 affirmatively state work on this
project has not been initiated prior to execution of the agreement; OR
This agreement is approved as to technical form and content. Services related to this agreement have already 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:
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6/25/2024
6/25/2024
6/26/2024
6/26/2024
Revised 01/24 11
Office of the Clerk to the Board __________________________________________Date:_________
DocuSign Envelope ID: 9F4142C4-00F4-4375-B376-01576520EC80
P.O. Box 61378
Durham, NC 27715
Phone:919-489-5303
Fax:919-732-0767
Date Bid #
Fax Number Job Phone
Payment to be made as follows:There will be a 3% convenience fee applied to all payments received via credit card.
510 MEADOWLANDS DR., HILLSBOROUGH, NC131 W. MARGARET LANE
DUDU10456
CHAIN LINK • WOOD • ORNAMENTAL • PVC • ACCESS CONTROL • CUSTOM FABRICATION
Street :
6/17/2024
Proposal Submitted To:
ORANGE COUNTY
SHOOKER@ORANGECOUNTYNC.GOV
Attn: STEFAN HOOKER Job Name
EMERGENCY SERVICES
Job Location
Proposed
By:JASON DANIELS, CFP
HILLSBOROUGH, NC 27278 919-245-2626919-644-3001
We hereby propose the following work:
50% Deposit / Balance Due Upon Completion
City, State, and Zip Code
Note: This proposal may be withdrawn if not accepted within 10 days
Customer
Acceptance:
Date:
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.
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 co ntractor 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 c harges 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 m arked 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 p aid by the customer.
FURNISH & INSTALL 1 NEW 3" HINGE POST TO HANG EXISTING WALK GATE ON.
FURNISH & INSTALL 2 PANIC BARS ON EXISTING GATES WITH KEY ENTRY AND HYDRAULIC CLOSERS,
$5564.00
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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:
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.
510 MEADOWLANDS DR., 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.
EMERGENCY SERVICES
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
DocuSign Envelope ID: 9F4142C4-00F4-4375-B376-01576520EC80
DocuSign Envelope ID: 9F4142C4-00F4-4375-B376-01576520EC80
DocuSign Envelope ID: 9F4142C4-00F4-4375-B376-01576520EC80