Orange County NC Website
OTIS ELEVATOR COMPANY <br />ACKNOWLEDGEMENT TO OPEN ORDER CONTRACT <br />1 <br />PARTIES: <br />OTIS ELEVATOR COMPANY (“Provider”) <br />And <br />ORANGE COUNTY (“Customer” or “you”) <br />CONTRACT NO.: TBD (“Contract”) <br />EQUIPMENT LOCATION (Address): <br />ORANGE COUNTY JUSTICE <br />106 E Margaret Lane <br />Hillsborough, NC 27278 <br />DATE: 24th June 2021 <br />Thank you for allowing Provider the opportunity to do business with you. Provider’s agreement to provide labor, services, <br />and materials (collectively “Work”) is conditioned by the following terms in this document (hereinafter called <br />“Acknowledgment”) and the Provider’s proposal (“Proposal”), both of which are incorporated herein by reference and made <br />a part of the contract between Provider and Customer (collectively, the Acknowledgment, Proposal, and any other contract <br />document agreed to between Provider and Customer for the Work is hereinafter referred to as the “Contract”). In the event <br />of a conflict between the Acknowledgment, Proposal, or any other document, the terms in the Acknowledgment control (the <br />only exception to this is limited to if the terms of the Proposal give Provider greater rights or protections, then in such <br />limited instances, the Proposal controls). References to specific sections below are for convenience and are not meant to <br />limit the applicability of the modifications to those sections to the extent such modifications apply to other sections. <br />SERVICES AGREEMENT <br />Article 1 (a): <br />It is understood and agreed the Contractor’s proposal is made part of this agreement. <br />Article 2 (b)(i): <br />Provider agrees to abide by Customer’s safety policy as long as said policy is not in conflict with Provider’s safety policy <br />(ies) or Provider’s agreement with the International Union of Elevator Constructors (IUEC). <br />Customer agrees to provide Provider with unrestricted ready and safe access to all areas of the building in which any Work <br />is performed and to keep all Work areas free of excessive debris, waste, or hazardous materials. Further, Customer shall <br />prohibit others from interfering with the Work. <br />Article 3 (b)(b): <br />All schedules, start dates, completion dates, durations and schedule revisions shall be agreed to in writing by both parties <br />before becoming effective. <br />Article 4: <br />a)A down payment of _50__ % is required at the execution of the Contract. The balance shall be paid on completion <br />if the work is completed within a thirty-day period. If the work is not completed within a thirty-day period, monthly <br />progress payments shall include the value of the work performed and materials stored on or off site through the <br />end of the particular month less a 5% retainage and the aggregate of previous payments. The retainage shall be <br />paid when the Work is completed. <br />b)Provider does not agree to paid-when-paid or paid-if-paid payment terms. <br />c)Any payment not made when due shall be subject to interest at the rate of one and one-half percent (1.5%) per <br />month or the maximum permitted by law, whichever is less, plus reasonable attorney’s fees and collection costs. <br />DocuSign Envelope ID: F3A72AFB-7E67-4665-B390-1E2F05A0DE9A