2015-502-E DEAPR - Summit Design and Engineering Services, PLLC for topographical work, tree survey work

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000uSign Envelope ID: oo5137o8eFo4-4on2 oEo7-5o14nAEeoosA [Departmental Use Only] TITLE Topo Work-Fairview Park FY 2016 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, noudc and entered into this fourteenth day of September, 2015, ("Effective Z}ato^`) by and between ()range County, North Carolina, u body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first pad; and Summit Design and Engineering Services, pL[.0 (the "Providcr"),party o[the second part; WI1CNES0ET]0: For the purpose and subject to the terms and conditions bezeiumhor 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,time being ofthe essence: The services and/or 0001eriulu (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as fbi|ov/m: Topographic and Tree Survey Work for Fairview Park Phase D Parking Area and Driveway The term of this agreement rendered shall be from September 2 1",2015 to October 2 I't,2015. Provider represents and agrees that Provider is qualified 1operform and fully oupuh|s of performing and providing the services required or necessary under this Agreement in u fully competent, professional and timely manner 1othe satisfaction of the County. Provider shall be responsible for all errors oromissions, in the performance of the Agreement. Provider abaU correct any and all errors, omissions, discrepancies, ambiguities,mistakes or conflicts atno additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to he provided in this /\g7eenuout` nor shall Provider ummiAu any right or responsibility granted or required hy this Agreement,without the prior written approval of the County. SPECIFIC TERMS I Paymen : The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County nbu]| not exceed three thousand two hundred and fiOv dollars, ($3,250). Payment ohu]i be made within thirty (30) days of an invoice properly submitted to County. Should Provider bd| to perform its duties under the terms of this Agreement, County may, vvkbou1 fault or penalty, withhold any pu}nuort associated with the work to be performed until such time as said work is completed. 2. Non—waiver: Failure bv County u1 any time to require the performance hv Provider ofany of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor mhuU any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. ]i Independent Contractor: The Provider shall operate as an independent contractor and the County ubaU not be responsible for any oythe Provider's acts or omissions. The Provider shall not hetreated as on employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: Provider abuO obtain, at its mole expense, Cununueroiu| General Liability Insurance, Automobile Insurance, YVo,kcry" Compensation Insurance, and any additional insurance as may be /eqnircdby (}vvucr`o Risk Manager ua such insurance requirements are described in the Orange County Revised 10/14