Agenda - 08-05-1985 - Laserfiche WebLink

Browse Search

t NORTH CAROLINA ORANGE COUNTY 205 • THIS CONTRACT, MADE AND ENTERED INTO THIS DAY OF PURSUANT TO A RESOLUTION 'HERETOFORE ADOPTED BY THE BOARD OF COMMISSIONERS, ORANGE COUNTY, •NORTH CAROLINA, BY AND BETWEEN A CORPORATION WITH ITS PRINCIPAL OFFICE AND PLACE OF BUSINESS IN • ' , (HEREINAFTER CALLED "THE COMPANY") AND THE COUNTY OF ORANGE, A BODY POLITIC (HEREINAFTER CALLED "THE COUNTY") . WITNESSETH WHEREAS, . THE. COUNTY OP ORANGE HAS SOLICITED BIDS FOR °'/..t' renova�vu� .r�. . . . . ... . ! AND WHEREAS, AFTER A CAREFUL CONSIDERATION OF THE BID SUBMITTED SY THE COMPANY, THE BOARD OF COMMISSIONERS OP- ORANGE COUNTY HAS HERETOFORE A RESOLUTION AUTHORIZING THE ACCEPTANCE OF SUCH A BID, AND EXECUTION, INNTED THE NAME OF THE COUNTY OF ORANGE OF A CONTRACT WITH THE SAID COMPANY COVER- ING the renovgtiup o{ moo./ee �aci/.tics. NOW THEREFORE, IN CONSIDERATION OF THE PREMISES AND IN FURTHER CON- SIDERATION OF THE MUTUAL AGREEMENT CONTAINED HEREIN, AS WELL AS THE FINANCIAL CONSIDERATION R TION HEREINAFTER REFERRED TO, THE PARTIES HERETO HAVE CONTRACTED AND AGREED AS FOLLOWS: (1) IN ACCORDANCE WITH THE COUNTY' S SPECIFICATIONS AND COMPANY' S PROPOSAL, COPIES OF WHICH SPECIFICATIONS AND PROPOSAL ARE ATTA HED HERETO AND MaDE 'e PART HEREOF, COMPANY WILL r•eri o vdfe .40./et SPECIFICALLY REFERRED TO AS AND MORE PARTICULARLY DESCRIBED IN THE PROPOSAL SUBMITTED BY THE COMPANY OR IN THE SPECIFICA- TIONS ATTACHED HERETO. (C) THE TOTAL CONTRACT PRICE IS (S ) PAYMENT SHALL SE MADE ON THE BASIS OF 90% OF MONTHLY COSTS OF LABOR AND MATERIALS, INCLUDING FREIGHT OR HAULING ON RECEIPTED BILLS. EACH CONTRACTOR SHALL SUBMIT A MONTHLY INVOICE WHICH ITEMIZES THE COST OF LABOR, MATERIALS AND NORTH CAROLINA SALES AND• USE TAXES PAID ON MATERIALS. PAYMENT SHALL BE DUE AND PAYABLE WITHIN (10) DAYS AFTER THE CONTRACTOR' S INVOICE HAS BEEN CERTIFIED FOR PAYMENT BY THE ENGINEER. THE TOTAL OF THE MONTHLY PAYMENTS REQUIRED HEREIN SHALL NOT EXCEED NINETY PERCENT (90%) OF THE TOTAL CONTRACT PRICE. COUNTY SHALL RETAIN AT LEAST TEN PERCENT (10%) OF THE CONTRACT PRICE FOR PAY- MENT TO THE CONTRACTOR WITH THE FINAL PAYMENT. THE FINAL PAYMENT SHALL BE MADE TO THE CONTRACTOR WITHIN THIRTY (30) DAYS AFTER ACCEPTANCE OF THE COMPLETED JOB BY THE ENGINEER. ACCEPTANCE SHALL OCCUR WHEN WORK HAS BEEN FINALLY COMPLETED AND EACH AND EVERY PROVISION OF THE. SPECIFICATIONS AND ACCOMPANYING DRAWINGS COMPLETED TO THE ENGINEER' S SATISFACTION. (3) THE SPECIFICATIONS, AND ITS ATTACHMENTS AND THE PROPOSAL THEREON SY COMPANY, COPIES OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF SHALL CONSTITUTE THE CONTRACT BETWEEN THE PARTIES AS THOUGH FULLY WRITTEN HEREIN. IN WITNESS WHEREOF, THE COMPANY AND THE COUNTY HAVE CAUSED THIS CONTRACT TO BE LEGALLY EXECUTED, IN DUPLICATE EACH OF WHICH SHALL CON- STITUTE AN ORIGINAL, ALL AS OF THE DAY AND YEAR FIRST ABOUT WRITTEN,