2016-136-E DEAPR - Summit Design & Engineering Services, PLLC - Phase I Environmental Site Assessment

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000wSWn Envelope ID: r4Cr81oo-74o3-4o07-9E4A-4088or5400s8 [Departmental Use Only] TITLE Fairview PbEnvir Phase 1 FY 2016 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGRIEEMENT` made and entered into this twenty fifth day of January, 20|6, ("Effective Date")by and between Orange County,North Carolina, a political subdivision of the State of North Carolina, (the "County"), party of the first part; and Summit Design and Engineering Services, Pl.LC (the "Provider"), party nF the second part; WITNESSETH: For the purpose and muheo1 to the terms and conditions hereinafter ac1 R/db, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County iu accordance with the terms uf this Agreement,time being ofthe essence: The services and/or nuu1eriu)s (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as fbUovvo: To provide uPhaoc l Environmental Site Assessment for the future construction ofu driveway onu County owned parcel of land adjacent to Fairview Park. The term of this agreement rendered shall he from January 35m" 2016toMa«ch14 th, 2Ol6. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in ufbUy competent, professional and timely manner to the satisfaction of the County. Provider xba|| he responsible for all coom or omissions, in the performance of the Agreement. Provider oba|| correct any and all errors, omissions, discrepancies, ambiguities, roiatukcm or conflicts at no additional cost to the County. Provider agrees that Provider ybnK not sub-contract any of the services to be provided in this Agreement, nor xhnU Provider uamigu any dobt or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS l. Paymen : The C000h/ agn:ca to pay at the rates specified for Services satisfactorily performed in accord with this }\gzeenoonk. The amount to he paid bythe County shall not exceed one thousand nine hundred dollars, ($1,900). 9uyuzeo1 shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the tonna of this Agreement, County may, without fault orpenalty, withhold any payment associated with the work 10 bu performed until such time as said work im completed. 2- : Failure hy County a1 any time tn require the performance by 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 he m waiver of any succeeding hr000h or u waiver of this Non-Waiver Clause. 3[ Independent Contractor: The Provider shall operate aouu independent contractor and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not betreated as an employee with respect tothe 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 uhuU obtain, at its oo|o expense, Cunonnorciul {}onend Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by County's Risk Manager as such insurance requirements are described in the Orange County Revised 1/16