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.~ ~~ <br />[Departmental Use Only] <br />TITLE <br />ORANGE COUNTY <br />NORTH CAROLINA <br />CONTRACT UNDER $10,000.00 <br />THIS AGREEMENT, made and entered into this /g ~ day of.~I`~-'~~ , 20 t 1 , ("Effective <br />Date") by and between Orange County, North Carolina, a body politic and corporate organized under the <br />laws of the State of North Carolina, (the "County"), party of the first part; and MACTEC Engineering <br />and Consulting, Inc. (the "Provider"), party of the second part; <br />WITNESSETH: <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 Agreementztime being of the essence: <br />The services and/or materials (hereinafter referred to collectively as • "Services") to be furnished <br />under this Agreement are as follows: <br />The term of this agreement rendered shall be from to <br />Provider represents and agrees that Provider is qualified to perform and fully capable of perfomung and <br />providing the services required or necessary under this Agreement in a fully competent, professional and <br />timely manner ordinarily exercised under similar conditions by reputable members of Providers profession <br />practicing in the same or similar locality at the time ("Standard of Care' to the satisfaction of the County. <br />Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider <br />shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional <br />cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in <br />this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement, <br />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 <br />performed in accord with this Agreement. The amount to be paid by the County shall not exceed , <br />($9,500). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should <br />Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, <br />withhold any payment associated 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 Provider, 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 fox 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: The Provider shall obtain, at its sole expense, the following insurance needed <br />to adequately insure itself during the performance of these services as required by the County's Risk <br />Management Policy: (a) Workers' Compensation Insurance -statutory amount, (b) Commercial General <br />Revised July 2010 <br />