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DocuSign Envelope ID: F4B3E08B-D87A-4AE0-BD19-D169D4E8F41B
<br /> [Departmental Use Only]
<br /> TITLE Roofing 600 Hwy 86 N
<br /> FY 2015
<br /> ORANGE COUNTY
<br /> CONTRACT UNDER $15,000.00
<br /> NORTH CAROLINA
<br /> THIS AGREEMENT, made and entered into this 6th day of April, 2015, ("Effective Date") by and
<br /> between Orange County, North C arolina, a body politic and corporate organized under the laws of the State
<br /> of North Carolina, (the "County"), party of the first part; and 5'h Wall Building Diagnostics Consultants (the
<br /> "Provider"), party of the second part-,
<br /> W I T N E S S E T It
<br /> For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby
<br /> contracts I-or 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,tirric being of the essence:
<br /> 'rhe services and/or materials (hereinafter referred to collectively as "Services") to be furnished
<br /> under this Agreement are as follows: roof replacement design and C011SUlting services at 600 Highway 86
<br /> North's warehouse and small storage area, per included propsal.
<br /> The term of this agreement rendered shall be from April 6, 2015 to June 30, 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 manner 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 /> sub-contract any of the services to be provided in this Agreernent, 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. I'a,
<br /> y1ji
<br /> .. _g tjt: The County agrees to pay at the rates specified for Services satisfactorily
<br /> performed in accord with this Agreement. The aniount, to be paid by the County shall not exceed five
<br /> thousand five hundred dollars , ($5,500). Payment shall be made within thirty (30) days of' an invoice
<br /> properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement,
<br /> County may, without fault or penalty, withhold any payment associated with the work to be performed until
<br /> 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, no[-
<br /> shall any waiver by the County ofany breach be held to be waiver of any succeeding breach or a. waiver of
<br /> this Non-Waiver Clause.
<br /> 3, hic ependent Cont[act 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. The Provider shall not be treated
<br /> as an employee with respect to the Services performed, hereunder for federal or state tax, LIVICtrIplOy"win 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 file COLL11ty on behalf of the Provider or the ernployees of the Provider,
<br /> 4. Insurance: Provider shall obtain, at its sole expense, Comnierci,al General Liability
<br /> Insurance....................
<br /> Insurance, A Utornobile 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 /> Rcvised 10/14 1
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