Agenda - 08-05-1985 - Laserfiche WebLink

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cx NORTH CAROLINA ORANGE COUNTY .. 20 «� • THIS CONTRACT, MADE AND ENTERED INTO THIS 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 THE COUNTY OF ORANGE, s (HEREINAFTER CALLED "THE COMPANY") AND arr= , A BODY. POLITIC (HEREINAFTER CALLED "THE COUNTY").• WIfNESSETH WHEREAS, THE. COUNTY -0F ORANGE DULY ADVERTISED FOR BIDS FOR t/on Of f1Qnd.clitAn�/. .AND BIDS WERE RECEIVED AND DULY OPENED AS REQUIRED BY LAW; AND - WHEREAS, AFTER A. CAREFUL CONSIDERATION OF THE BID SUBMITTED BY THE COMPANY, THE BOARD OF COMMISSIONERS OF ORANGE COUNTY HAS HERETOFORE ADOPTED A RESOLUTION AUTHORIZING THE. ACCEPTANCE OF SUCH A BID, AND EXECUTION, IN THE NAME OF THE COUNTY OF ORANGE OF A CONTRACT WITH THE SAID COMPANY COVER- ING . . . .t7-Jc. . �an,v:::c&'?.. af. . /taiid/cq NOW THEREFORE, IN CONSIDERATION OF THE PREMISES AND IN FURTHER CON- SIDERATION OF THE MUTUAL AGREEMENT CONTAINED HEREIN, AS WELL AS THE FINANCIAL CONSIDERATION 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 ATTACHED HERETO AND MADE A PART HEREOF, COMPANY WILL . . ;7S rvc r'crn� SPECIFICALLY REFERRED TO AS AND MORE PPARTICULARLY DESCRIBED IN THE PROPOSAL' SUBMITTED BY THE COMPANY OR IN THE SPEC A t TIONS ATTACHED HERETO. TFICA- k (2) THE TOTAL CONTRACT PRICE IS ($ ) PAYMENT SHALL BE 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, THE PROPOSAL THEREON BY COMPANY, AND THE ADVERTISEMENT BY COUNTY, 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-