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DocuSign Envelope ID:A96DC758-3E30-43EC-A9E7-F873BF81518B
<br /> [Departmental Use Only]
<br /> TITLE Paving projects
<br /> FY 2017
<br /> ORANGE COUNTY
<br /> CONTRACT UNDER$15,000.00
<br /> NORTH CAROLINA
<br /> THIS AGREEMENT, made and entered into this 10th day of November, 2017, ("Effective Date")
<br /> by and between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the
<br /> "County"), party of the first part; and Triangle Landscaping,Inc. (the "Provider"), party of the second part;
<br /> WITNESSETH:
<br /> For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby
<br /> contracts for the services of the Provider, and the Provider agrees to provide the following services to the
<br /> County in accordance with the terms of this Agreement,time being of the essence:
<br /> The services and/or materials (hereinafter referred to collectively as "Services") to be furnished
<br /> under this Agreement are as follows: Provide materials, equipment, and services needed to:
<br /> 1) At Soccer.com Center - Repair asphalt patch in driveway (5' x 9') Cut out broken asphalt. Dig out
<br /> 12" of bad soil and replace with 8" of compacted ABC and 4" of asphalt- $1,500. 2) At Cedar Grove Park-
<br /> Build Asphalt Path 46' Long 6.5 Wide. Dig Out 6", haul away soil, provide 4" ABC and compact, 2" of
<br /> Asphalt- $3,000. Also at Cedar Grove Park- Construct Two 5' x 8' Concrete Pads for Trash Bins - Dig Out
<br /> 8", fill with 4" of ABC, compacted, pour, smooth, finish and protect from elements - 4" of 3500 psi
<br /> concrete. -$1,210.
<br /> The term of this agreement rendered shall be from November 10, 2016 to December 15,2016.
<br /> Provider represents and agrees that Provider is qualified to perform and fully capable of performing and
<br /> providing the services required or necessary under this Agreement in a fully competent, professional and
<br /> timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in
<br /> the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies,
<br /> ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not
<br /> sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or
<br /> responsibility granted or required by this Agreement,without the prior written approval of the County.
<br /> SPECIFIC TERMS
<br /> 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily
<br /> performed in accord with this Agreement. The amount to be paid by the County shall not exceed five
<br /> thousand, seven hundred, ten dollars, ($5,710). Payment shall be made within thirty (30) days of an invoice
<br /> properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement,
<br /> County may, without fault or penalty, withhold any payment associated with the work to be performed until
<br /> such time as said work is completed.
<br /> 2. Non—waiver: Failure by County at any time to require the performance by Provider of any
<br /> of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor
<br /> shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of
<br /> this Non-Waiver Clause.
<br /> 3. Independent Contractor: The Provider shall operate as an independent contractor and the
<br /> County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated
<br /> as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or
<br /> workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of
<br /> any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider.
<br /> Revised 6/16 1
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