Orange County NC Website
DocuSign Envelope ID: BOE0561 D-72F1-4418-A20C-45A380925A43 <br /> [Departmental Use Only] <br /> TITLE ECCSP Xeriscaping <br /> FY 2015 <br /> ORANGE COUNTY <br /> CONTRACT UNDER$15,000,00 <br /> NORTH CAROLINA <br /> THIS AGREEMENT, made and entered into this 30th day of March, 2015, ("Effective Date") by <br /> and between Orange County, North Carolina, a body politic and corporate organized under the laws of tine <br /> State of North Carolina, (the "County"), party of the first part; and Rednhill Landscape and Nursery, Inc., <br /> 4517 Red Mill Rd., Durham,NC 27704 (the "Provider"), party of the 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, time 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: Prepare, grade modify soil and plant designated eroded area with Love <br /> Grass . (2.5" pots @18"o.c.) Overseed entire area with Love Grass seed. <br /> The term of this agreement rendered shall be from March 30, 2015 to May 22, 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 tinder this Agreement in a fiilly competent, professional and <br /> tinhely 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 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. Payment: 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 eleven <br /> thousand, six hundred dollars, ($11,600). 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 shay, 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 tune to require the performance by Provider of any <br /> of tike provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor <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. The 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 steal I be withheld or paid by the County oil 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 1 <br />