2016-271-E DEAPR - JV Brockwell Trucking to replenish playground safety surfacing

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000wSWn Envelope ID:0r8A1513-C801-48 000AE0 [Departmental Use Only] TITLE Safety surfacing install FY 2016 ORANGE COUNTY CONTRACT UNDER$15,000,00 NORTH CAROLINA THIS /kGREi]KMEN1[, nande and entered into this 23rd day of June, 2010, ("Effective Duim`) by and between Orange County, North Cnoz|inn' n po|ihno| subdivision of the State ofNorth CuowUno, (the "County"), party of the first part;and JV Brockwell Trucking(the"Provider"), party of the second pail; WDTPYEGSE7[H: For the purpose and subject to th# tero)o and conditions hereinafter set forth, the County hnoo6v uon1ruo1x for the set-vices of the Provider, and the Provider agrees to provide the 0o||wvvh/g services to the County io accordance with the terms o[this Agreement, time being ofthe essence.- The services and/or mutmrin|y (liwosinoUe/' referred to oo8moilvo|y as "@mrvlcmm^) to be 0mu/ixhcd under this Agreement are as follows: 8z/oovc omu|ob bnu) parks operations base. Provide and inm0o|\ 100 yards nf playground safety surfacing nt Central and Fairview playgrounds. The{rnnof this agreement rendered shoUbo from May 23' 2O]6tm June]O` 20|6. Provider represents and agrees that Provider imquuiificd to perform and fh||y capable of performing and providing the nnrvinmm omuoircd or necessary under this Agreement in u fit/Uy competent, professional and dmuciy nnuoue, to the satisfaction of the County. Provider mbn|) be responsible for all cromo or unnimsioum` ill the por[bronnxce of the Agreement. Provider shall correct any and all onmrn' omissions, dioopnponoics` ambiguities, mistakes or conflicts mtoo additional cost hothe County. Provider agrees that Provider shall not sub-contract any of the m#n/icmo to be provided in this /\grsmo)cn{' nor ahnU Provider nanigu any right or responsibility granted or required by this Agreement,without the prior written approval of the Count),. SPECIFIC TERMS L Paymen : The County agrees to pay at the rates specified for Services satisfactorily pofbnned in accord with this Agreu/oon<. The m000nt to be paid by the County mhmU not exceed two thousand, #kshL hundred dollars, ($2,800.). Payment shall be mumdnv/ithin thirty (30) days nyail invoice properly submitted N County. Should Provider fail to perform its ditties under the termmofthis County may,without fault or penalty, withhold any payment namocia1edrvithdhmnmdkk» bupedhnnmduxd| such ti/ncmo said work is completed. 2. : Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the sarne, nor shall an), waiver by the County of any breach be field to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Pomvideroba(| operate as an independent contractor and the [000tyohnU not be responsible for any o[the Providers acts oroonimmionm. The Provider shall not be treated as an employee with oopmz1 10 the Services perb`unod hereunder for federal or state tax, unemployment or nxo/kem' compeumudwupurpomem. The Provider nodersbods that neither federal, nor state, not- Payroll tax of any kind ohnU km withheld orpaid hv the County on behalf of the Provider or the employees of the Provider. 4. Insurance: Provider mbuU obtain, at its sole expense, Commercial (}enenu| Liability Inm|ooacc, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance am |noy be required by County's Risk Manager ossuch insurance requirements are dcuod6ed in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is Revised mh