Orange County NC Website
.Z4 .2 <br /> in <br /> [Departmental Use Only] <br /> TITLE <br /> FY <br /> ORANGE COUNTY <br /> CONTRACT UNDER$10,000.00 <br /> NORTH CAROLINA <br /> THIS AGREEMENT, made and entered into this 22nd day of April, 2013, ("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 Legacy Research Associates (the <br /> "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 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: Public Market House Parking Lot and Riverwalk Park: This area has a <br /> high probability for having intact archaeological materials that may have been buried underneath the fill soil <br /> that was brought to the property in 2007 prior to the construction of the Public Market House. The <br /> archaeological investigations for the proposed geothermal well drilling will include the following elements: <br /> (a)a background research relevant to the project areas,(b)archaeological subsurface investigations in project <br /> areas that have not previously been disturbed or are not covered with asphalt, (c) data analysis, and (d) <br /> reporting of the results of they survey investigations,all per attached proposal dated April 16,2013. <br /> The term of this agreement rendered shall be from April 29,2013 to June 30,2013. <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 Dollars, ($9,000.00). Payment shall be made within thirty (30) days of an invoice property <br /> submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County <br /> may, without fault or penalty, withhold any payment associated with the work to be performed until such <br /> 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 />