Orange County NC Website
DocuSign Envelope ID: F4162074- 2BC7- 47BC- B784- BCEEDFDDC55C <br />[Departmental Use Only] <br />TITLE Stone culvert end caps <br />FY 2015 <br />ORANGE COUNTY <br />CONTRACT UNDER $15,000.00 <br />NORTH CAROLINA <br />THIS AGREEMENT, made and entered into this 21 day of September, 2014, ( "Effective Date ") <br />by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the <br />State of North Carolina, (the "County "), party of the first part; and Cleve Wagstaff Stone Masonry, LLC, 309 <br />Wagstaff Carver Rd., Roxboro, NC 27574 (the "Provider "), party of tine second part; <br />WITNESSETH: <br />For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby <br />contracts for the services of the Provider, and the Provider agrees to provide the following services to the <br />County in accordance with the terms of this Agreement, tirne being of the essence: <br />The services and /or materials (hereinafter referred to collectively as "Services ") to be furnished <br />under this Agreement are as follows: Construct 2 stone walls surrounding existing culvert ends at <br />Blackwood Farm Park on historic road bed. Footings and stone to be provided by owner. <br />The term of this agreement rendered shall be from September 30, 2014 to March 31, 2015. <br />Provider represents and agrees that Provider is qualified to perform and fully capable of performing and <br />providing the services required or necessary under- this Agreement in a fully competent, professional and <br />timely mantier to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in <br />the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, <br />ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not <br />Rib-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or <br />responsibility granted or required by this Agreement, without the prior written approval of the County. <br />SPECIFIC TERMS <br />1. Pa• rr�: The County agrees to pay at the rates specified for Services satisfactorily <br />performed in accord with this Agreement. The amount to be paid by the County shall not exceed five <br />thousand, nine hundred, eighty dollars, ($5,980). Payment shall be made within thirty (30) days of an <br />invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this <br />Agreement, County may, without fault or penalty, withhold any payment associated with the work to be <br />performed until such time as said work is completed. <br />2. Non — waiver: Failure by County at any time to require the performance by Provider of any <br />of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, not- <br />shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of <br />this Non - Waiver Clause. <br />3. Independent Contractor: The Provider shall operate as an independent contractor and the <br />County shall not be responsible for any of the Provider's acts or omissions. Tile Provider shall not be treated <br />as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or <br />workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of <br />any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. <br />4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability <br />Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may <br />be required by Owner's Risk Manager as such insurance requirements are described in the Orange County <br />Revised 10114 <br />