2015-144-E AMS - 5th Wall Building Diagnostics Consultants for Roof Replacement Design and Consulting Services at Blackwood Cates Farms Houses $6,900

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DocuSign Envelope ID: C9DOF1 D8-58FA-4F8F-ABEB-899CF01A1 F8B [Departmental Use Only] TITLE Blackwood Cates Roofiing FY 2015 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 26th day of February, 2015, ("Effective Date") by and between Orange County, North Carolina., a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party Of the first part" and 5"' Wall Building Diagnostics Consultants (tile "Provider"), party of the second part- WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement, One being of the essence: The services and/or materials (hereinafter referred to collectively as "Services"') to be furnished tinder this Agreement are as follows: roof'replacement design and consulting services at Blackwood Farm House and Cates Farm House, as provided in attached proposal 15-02-06. The term of this agreement rendered shall be from February 26, 2015 to March 20, 2015. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary tinder this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or ornissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities,mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS l„ paynqDt: 'File County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreetuent. The amount to be paid by the County shall not exceed six thousand nine hundred, ($6,900). payment shall be made within thirty (3(l) (lays of an invoice properly Stribmit�ted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until Such time as said work is completed. 2,, Non--waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor shall any waiver by the County of any breach be field to be a waiver of any Stleceeding breach or a waiver of this Non-Waiver Clause. 3. j9dependent Contractor: The Provider shall operate as an independent contractor and the County shall not be responsible, for any ofthe Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder lbr federal or state tax, unemployment or workers' compensation purposes. 'file Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of file Provider or(lie employees ofthe Provider. 4. 111SUrance: Provider shall obtain, at its sole expense, ("ornmercial General Liability insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as it-tay Revised IM4 1