Orange County NC Website
Revised 01/24 1 <br />[Departmental Use Only] <br />TITLE Sprinkler Bollards <br />FY 2023-2024 <br />ORANGE COUNTY <br />CONTRACT UNDER $5,000.00 <br />NORTH CAROLINA <br />THIS AGREEMENT, is between Orange County, North Carolina, a political subdivision of the <br />State of North Carolina, (the "County"), and Atlantic Commercial Contractors (the "Provider"). <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 services set out below to the <br />County in accordance with the terms of this Agreement, time being of the essence. <br />The services or materials or construction (hereinafter referred to collectively as “Services”) to be <br />furnished under this Agreement are as follows: Provide and install (7) 42”x 4 ½” steel pipe bollards at the <br />ends of the rack system to protect the sprinkler system in the ES Warehouse. These bollards will be installed <br />with epoxy adhesive and bolted to the existing concrete floor. <br />The term of this agreement rendered shall be from March 4, 2024 to June 30, 2024. <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 />SPECIFIC TERMS <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 Two Thousand Two Hundred Twenty-Five Dollars, ($2,225.00). 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 />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 />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 />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: 94DEC07F-694B-4CD9-9162-F90B545FF524