2016-149-E DEAPR - Gateway Building Company for repairs at W10

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000wSWn Envelope ID: Cur0r88re158-4o58-853C;E45uE58C8r0o [Departmental Use Only] TITLE Repairs atVV10 FY 201@ ORANGECOUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGRD]BDNOQNT` iunde and entered into this 2O|h day ofJanuary, 2016, (`IIffeodwo Date") by ,and between Orange County, North Cuu`|kna` a pulidon| subdivision of the State of North Con^1inm' (the "County"), party of the first part; and Gateway Building Company(the "Provider"),party of the second part; WITNE@SE1[H: For the purpose and ao\jmut to the touom and conditions hereinafter set forth, tile County berokv contracts for the set-vices of the Provider, and the Provider agrees to provide tbe 5o)|nrviog services 10 tho County io accordance with the terms of this Agreement,time being of the essence: The services and/or zootodu|o 8)m»ninmDwr referred to oo|}modvn|y as "Set-vices") to be yunmiubed under this Agreement are as follows: Cut asphalt, houd dig and set bollard bases provided hv Orange County in place as discussed on-site. Remove and replace side-walk areas that have settled as discussed on-site. The terni of this agreement rendered shall be front January 20,2016 to March 31, 2016, Provider represents and agrees that Provider is qualified to perform and ftilly capable of performing and providing the services required or oousmuery under this A000mnzeot in u [o||« competent, yoofemmiwuui and timely /nanner to the oeduD\utiou of tile County. Provider shall be ormpmomih)o for all c,zom or omissions, in the porfoo/uoocm of the Agreement. Provider mhn\| correct any and all nrouca, on)|omi000` discrepancies, ambiguities, mistakes or conflicts at no additional cost 0otile County. Provider agrees that Provider shall not sub-contract any of the services 10 be provided in this Agreement, nor uhm|i Provider maoigu any right or responsibility granted o,required hv this Agreement,without the prior written approval of tile County. SPECIr,IC TERMS [ : Tile County agrees to pay at 1im rates mpccj�cd for Services ooduKaotod|v performed in accord— h this Agreement, The amnouut to be paid by t1lc County shall not exceed three thousand, one hundred, sixty-six dollars, CD3,166.l Puymnmu( shall be made within thirty (30) days of all invoice properly submitted to Com)ty. Should Provider {hU to perform its duties under tke ioono of this Agreement, County n)ny, without fault or pnuaUv withhold any payment associated with tile work tobe performed until such time am said work imcompleted. 2. -------��: Failure by County at any tcas to require the performance by Provider of any of tile provisions shall inuo way waive or affect the County's right hereunder 1oenforce the aoo ;, nor shall any waiver by the County ofany breach be held to beu waiver ofuuyuuncrediug brouob ncu waiver of this Non-Waiver Clause. 3. Independgit Contractor: The Provider li U operate as all independent ouotrack)r and the County shall not be responsible for any of the Provider's acts or ornissions. The Provider sliall not be treated -vices performed hereunder for federal or state tax, unemployment Or as an ernployce with respect to tile Set 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 oil behalf of the Provider or the employees of the Provider. /[ Insurance: Provider mbnU obtain, at its oVk} expense, Commercial General Liability Iumormo-- /\otonmo�{|� [o�uunoon, \�orkmza" Coznpeomo(iooInsurance, and any additional insurance as mmy '-` be oogViwmd by County's Risk Manager as such i nmuu«omo regoi,enom ta Roc d eoo/ih d in the Orange County Risk Transfer Policy and [}ruoQe County Miniroumm IumUonuon Coverage Requirements (moob doouuuwd is Revised 1/16 1