2019-665-E Planning - Wellsmont SCS 3 mowing

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DocuSign Envelope ID:A780FCDD-F9F7-4EE5-AE8F-E6AF76883C38 [Departmental Use Only] TITLE SCS No.3_FY19-20Mow FY 19-20 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 23rd day of September, 2019, ("Effective Date") by and between Orange County,North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Douglas P. Malinowski (the "Provider"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement,time being of the essence: The services and/or materials and/or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Task No. 1: Fall 2019 Mowing -Mow brush on dam and surrounding area(approximately 1.6 acres in total) at Sediment Control Structure No. 3 to within six inches of the ground in a manner that does not cause rutting. This includes cutting any saplings or scrubby vegetation that may be growing at the water line of the dam and around the pond outfall pipe. See Attachment A for detailed quote. See Attachment B for map of limits of mowing. This work must be completed no later than October 31, 2019. Task delivery completion date is subject to modification upon 15 days advanced written notice to Provider by County. Task No. 2: Spring 2020 Mowing - Mow brush on dam and surrounding area (approximately 1.6 acres in total) at Sediment Control Structure No. 3 to within six inches of the ground in a manner that does not cause rutting. This includes cutting any saplings or scrubby vegetation that may be growing at the water line of the dam and around the pond outfall pipe. See Attachment A for detailed quote. See Attachment B for map of limits of mowing. This work must be completed no later than May 15, 2020. Task delivery completion date is subject to modification upon 15 days advanced written notice to Provider by County. The term of this agreement rendered shall be from September 23,2019 to June 30,2020. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities,mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed ONE THOUSAND ONE HUNDRED FIFTY DOLLARS, ($1,150.00) - Payment for Services shall become due and payable in direct proportion to satisfactory services performed and work accomplished. Payments will be made as percentages of the whole as individual Services milestones are achieved. (For this Agreement, Provider may invoice individually for each Task(i.e. $575.00 per Task)upon County's acknowledgement of the satisfactory completion of each individual Task.). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Revised 12/18 1