Orange County NC Website
#il ~ <br />~q~rt 3 <br />[Departmental Use Only] <br />TITLE SW Library ESA, Geotech <br />FY <br />ORANGE COUNTY <br />NORTH CAROLINA <br />CONTRACT UNDER $10,000.00 <br />THIS AGREEMENT, made and entered into this 16th day of May, 2011, ("Effective Date") by <br />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 ECS Carolinas, LLP (the "Provider"), <br />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 Agreement, time 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: a) Phase 1 Environmental Site Assessment for the 210 Hillsborough <br />Street, Carrboro Parcel per RFP #5169 dated 5/3/11 and its attached subeequent cost proposal letter dated <br />5/11/11; b) Limited Geotechnical Study for the 210 Hillsborough Street, Carrboro Parcel per RFP #5171 <br />dated 5/3/11 and its attached subsequent cost proposal letter dated 5/11/11; c) Traffic Impact Analysis for the <br />210 Hillsborough Street, Carrboro Parcel per RFP #5172 dated 5/3/11 and its attached subsequent cost <br />proposal letter dated 5/11/11; and the d) Evaluation of Existing Utility Capacity for the 210 Hillsborough <br />Street, Carrboro Parcel per RFP #5173 dated 5/3/11 and its attached subsequent cost proposal letter dated <br />5/11/11. <br />The term of this agreement rendered shall be from 5/16/2011 to 6/6/2011. <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 <br />performed in accord with this Agreement. The amount to be paid by the County shall not exceed Nine <br />Thousand, Nine Hundred Ninety Five Dollars, ($9,995). Payment shall be made within thirty (30) days of an <br />invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this <br />Agreement, County may, without fault or penalty, withhold any payment associated with the work to be <br />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 for federal or state tax, unemployment or <br />Revised July 2010 <br />