2016-139-E DEAPR - ATC Associates of NC, PC for geotech services

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000wSWn Envelope ID:OAF 1u8u5-8858-4001-80A5-0044A8C50rE1 [Departmental Use Only] TITLE Hollow Rock Nature Park FY 2016 ORANGE COUNTY CONTRACT UNDER$1,000-00 NORTH CAROLINA THIS AGR-EEMENT, made and entered into this eighth day of Deueouhcr` 2015, ("Effective Date") by and between Orange County, North Carolina, ubodv politic and corporate organized under the laws of the State of North Carolina, (the "County"), party ofthe first part; audATC Associates Of NC, PC (the "P,ovidec"), party of the second part; WITNE S SETH: For the purpose and subject 0o the terms and conditions bsoriuufter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the fh\}ovviug services to the County in accordance with the terms of this Agreement,time being ofthe essence: The services and/or materials and/or construction (hereinafter referred 10 collectively as "Services") to be furnished under this Agreement are as fhUovva: The Provider will provide for the County geoiecboloaJ soil xmnosdiudou observation; documentation and testing ofo6icu1ioua| soil under the parking area at the Future Hollow Rock Nature Park. The term of this agreement rendered shall befrom 12/8/15 to 12/30/15. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this /\g7c000ert in u fully competent, professional and timely manner tuthe satisfaction of the County. Provider shall hcresponsible for all errors or omissions, in the performance of the /\gcc000eot. Provider oba|\ correct any and all errors, omissions, discrepancies, umuhigpkism, nnia1ukem or conflicts at no udddiuuui cost tothe County. Provider agrees that Provider mbaU not sub-contract any of the services to be provided in this Agreement, nor abaU Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS [ : The County uQm:us to pay at the ca1co specified for Services satisfactorily performed in accord with this Agreement. The amount to he paid bythe County shall not exceed 990.00, ($998.00). Pu}musu1 ybuO he made within thirty (30) days of an invoice properly auhznk1od 0» County. Should Provider fail 10 perform its duties under the terms of this Agreement, County may, without fault oz penalty, vvdbbo|d any yayou*ut associated with the work to be performed uu\U such time as said work is completed. 7. Non—waiver: Failure b7 County a1 any time to require the performance hv Provider ufany of the provisions hereof mbuD in no vvuy waive or affect the County's right hereunder to enforce the same, nor abu|1 any waiver by the County of any hreuub be held to be u`pub/er of any succeeding hruuoh or u waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent coNzuonnr` and the County shall not beresponsible for any o[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 hm withheld or paid by the County ou behalf ofthe Provider oothe employees of the Provider. 4[ Insurance: Provider shall obtain, at by sole expense, Coonnooroiul General Liability Insurance, Automobile Insurance, YVocke,o` Compensation Insurance, and any additional insurance aamay Revised 10/14