Orange County NC Website
DocuSign Envelope ID:9E9233F7-3B63-4574-AD 15-BE39BAACAAFD <br /> [Departmental Use Only] <br /> TITLE Sed.Structure2.Work <br /> FY FY16-17 <br /> ORANGE COUNTY <br /> CONTRACT UNDER $15,000.00 <br /> NORTH CAROLINA <br /> THIS AGREEMENT, made and entered into this 19th day of June, 2017, ("Effective Date") by <br /> and between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the <br /> "County"), party of the first part; and Foster Lake and Pond Management, Inc. (the "Provider"),party of the <br /> 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: Remove and dispose of(off-site) the current trash rack on the riser of <br /> Sediment Structure 2 and install a new 6 foot diameter aluminum trash rack. The rack shall be consutructed <br /> of a single piece (solid pipe, no welds) of spiral corrugated 14 gauge pipe cut to a height of 2.5 feet. The top <br /> of the trash rack shall have an aluminum bar grid with 6" x 6" bar spacing and an anti-vortex plate. The <br /> existing wood support underneath the horizontal outlet pipe on Sediment Structure 2 shall be removed and <br /> disposed of off-site. A new pressure treated 8" x 8" wooden support beam shall be installed in the same <br /> location. Please see Attachment A for quote with details of work to be completed. Please see Attachment B <br /> for additional design drawings of new trash rack to be supplied. <br /> The term of this agreement rendered shall be from June 19, 2017 to September 30, 2017. <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 NINE HUNDRED AND EIGHTY DOLLARS, ($5,980.00). Payment shall be made within <br /> thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under <br /> the terms of this Agreement, County may, without fault or penalty,withhold any payment associated with the <br /> work to be performed until 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 /> Revised 2/17 1 <br />