2015-484-E AMS - Warren-Hay Mechanical Contractors, Inc. to provide, install wall mounted C02 sensor at RENA Comm. Center

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DocuSign Envelope ID:0357B852-8C7E-4F80-BC7A-1ECD7B8CA959 [Departmental Use Onl';y] TITLE RENA CO2 Sensor FY 2016 ORANGT COUNTY CONTIZACT UNDER S15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 3 1 st clay cat August, 2015, ("Effective Date") by and between Orange County, North Carolina, as body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Warren-flay Mechanical Contractors, 111c. (the "Provider"), party of the second part; W IT N E S S ET H: For the purpose and subject to the terms and conditions hereinafter set forth, the County, hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement time being of the essence:. Tlie services and/or materials (hereinafter referred to collectively as "Services") to be furnished Linder this Agreement are as follows: provide and install wall mounted CO2 Sensor at RENA C oirimunity Center, per provided August I W' proposal. The term of this agreement rendered shall be from August 27, 2015 to September 30, 2015. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the set-vices required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or ornissi I ons, in the performance of' the Agrecinent. Provider shall correct, any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County, Provider agrees that Provider shall not sub-contract any of` the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,xvithout the prior written approval of the County. SPECIFIC TERMS Pavrnent: The County agrees to pay at (fie rates specified for Services satisfactorily performed in accord with this Agreement. 11'fie arnountt, to be paid by the County shall not exceed two thousand eight hundred eighty four dollars, ($2,884). Payment sliall be made within thirty (30) days of an invoice properly Submitted to County. 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 SLIC11 time as said work is completed. 2. Non waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in nci way waive or affect the County's right hereunder to enforce the same, nor shall any waiver by the County of any breach be field to be as waiver ofany succeeding breach or a waiver of this Non-'' aiver Clause. 3. Independent Contractor: The Provider shall operate as an independent contractor and the County shall not be responsible for any of the Provider's acts or ornissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of' any kind shall be withheld or paid by the County on behalf ofthe Provider or the employees of the Provider. 4, ns-u'ra'n'c'e' 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 Owner's Risk Manager as such insurance requirements are described in the Orange County Revised 10/14 1