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2020-004-E Planning - In Water Services LakeOrange intake tower service
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2020-004-E Planning - In Water Services LakeOrange intake tower service
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Last modified
1/6/2020 9:57:59 AM
Creation date
1/6/2020 9:34:34 AM
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Contract
Date
12/31/2019
Contract Starting Date
12/23/2019
Contract Ending Date
3/16/2020
Contract Document Type
Contract
Amount
$3,500.00
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R 2020-004 Planning - In Water Services LakeOrange intake tower service
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\Board of County Commissioners\Contracts and Agreements\Contract Routing Sheets\Routing Sheets\2020
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Revised 11/19 <br /> <br /> <br />1 <br />[Departmental Use Only] <br /> TITLE L.O. IntakeTower <br /> FY 19-20 <br />ORANGE COUNTY <br />CONTRACT UNDER $5,000.00 <br />NORTH CAROLINA <br /> <br /> THIS AGREEMENT, made and entered into this 23rd day of December, 2019, (“Effective Date”) <br />by 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 In-Water Services Company, Inc. (the <br />"Provider"), party of 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: Supply all labor and materials for servicing of the Lake <br />Orange intake tower. See Attachment A for detailed scope description. See Attachment B for site location <br />map. See Attachment C for site photographs. See Attachment D for detailed estimate. <br /> <br />The term of this agreement rendered shall be from December 23, 2019 to March 16, 2020. <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 (as <br />determined by the County) performed in accord with this Agreement. The amount to be paid by the County <br />shall not exceed THREE THOUSAND FIVE HUNDRED DOLLARS, ($3,500.00). Payment shall be made <br />within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties <br />under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated <br />with the work to be performed until 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 />DocuSign Envelope ID: 884B2CFE-2DE5-44E8-9F7A-8208DA7367FC
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