Orange County NC Website
Revised 10/17 (Mgr apprv 5k 6/18) <br /> <br /> <br />1 <br />[Departmental Use Only] <br /> TITLE SW Fencing <br /> FY 2019 <br />ORANGE COUNTY <br />CONTRACT UNDER $5,000.00 <br />NORTH CAROLINA <br /> <br /> THIS AGREEMENT, made and entered into this 5th day of October, 2018, (“Effective Date”) by <br />and between Orange County, North Carolina, a body politic and corporate organized under the laws of the <br />State of North Carolina, (the "County"), party of the first part; and Fortress Fencing (the "Provider"), party of <br />the second part; <br />W I T N E S S E T H: <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 and/or construction (hereinafter referred to collectively as “Services”) <br />to be furnished under this Agreement are as follows: Install two sections of fence on the north and south side <br />of Eubanks Road in accordance with the attached emailed proposal Est #2 and Est #3 dated May 16, 2018. <br /> <br />The term of this agreement rendered shall be from October 5, 2018 to November 30, 2018. <br /> <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 /> <br />SPECIFIC TERMS <br /> <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 Three <br />thousand, four hundred fifty dollars, ($3,450). 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 /> <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 /> <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 /> <br />4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability <br />Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any additional insurance as may <br />be required by County’s Risk Manager as such insurance requirements are described in the Orange County <br />DocuSign Envelope ID: C5C2F1A6-36E4-407E-9577-453A79645862