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2022-110-E-Planning-Fred Smith Company-Construction of the Lake Orane Erision control barrier replacement project base bid scope only
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2022-110-E-Planning-Fred Smith Company-Construction of the Lake Orane Erision control barrier replacement project base bid scope only
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Last modified
3/17/2022 2:10:39 PM
Creation date
3/17/2022 2:04:32 PM
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Contract
Date
1/10/2022
Contract Starting Date
1/10/2022
Contract Ending Date
1/12/2022
Contract Document Type
Contract
Amount
$438,000.00
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DocuSign Envelope ID:98CAB32E-1814-4C97-B61 E-1314BE791381 EA <br /> 46 <br /> d) No payment shall be made by Owner to Contractor except as herein above provided. No <br /> claim for loss of anticipated profits shall be considered or allowed. <br /> e) Termination of the Contract shall not relieve the Contractor of his responsibilities for any <br /> completed portion of the Work nor shall it relieve his sureties of their obligation for and <br /> concerning any just claims arising out of the Work performed. The Contractor shall not be <br /> entitled to any other compensation, including compensation for lost profit, lost opportunity, or <br /> any other direct or consequential cost, loss, or damage. <br /> f) Either party may terminate this Agreement upon notice to the other party that obligations <br /> pursuant to this Agreement are made impossible due to declarations of emergency by Orange <br /> County or by North Carolina due to events directly impacting Orange County. Both parties shall <br /> remain responsible for all payment and performance due up to the receipt of such notice, but <br /> shall have no further obligation or responsibility beyond that date provided the terminating party <br /> has taken all reasonable steps to complete the performance of its obligations. <br /> ARTICLE 35 MINORITY BUSINESS ENTERPRISE PROGRAM <br /> 35.1 The Contractor shall at all times comply with the Orange County Minority Business <br /> Enterprise Policy. All documentation substantiating compliance with the requirements of this <br /> program shall be delivered to the Owner as stipulated in the Contract Documents. A copy of the <br /> Orange County Minority Business Enterprise Policy is included in the Project Manual. <br /> ARTICLE 36 E-VERIFY AND DIGITAL SIGNATURES <br /> 36.1 By executing the Agreement Contractor affirms Contractor, its agents and subcontractors, <br /> are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General <br /> Statutes. <br /> 36.2 This Agreement together with any amendments or modifications may be executed <br /> electronically. All electronic signatures affixed hereto evidence the consent of the Parties to <br /> utilize electronic signatures and intent of the Parties to comply with Article 11A and Article 40 of <br /> North Carolina General Statute Chapter 66. <br /> 36.3 By executing the Agreement Contractor certifies that Contractor has not been identified, <br /> and has not utilized the services of any agent or subcontractor identified, on the list created by <br /> the State Treasurer pursuant to G.S. 147-86.58. <br /> 36.4 By executing the Agreement Contractor certifies that Contractor has not been identified, <br /> and has not utilized the services of any agent or subcontractor identified, on the list created by <br /> the State Treasurer pursuant to G.S. 147-86.81. <br /> ARTICLE 37 GENERAL <br /> 37.1 If any provision of the Agreement shall be declared invalid or unenforceable, the remainder <br /> of the Agreement shall continue in full force and effect. <br /> Revised 06/21 <br />
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