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000wSWn Envelope ID: o10o4rAr-6o34-40 E8A8 <br /> [Departmental Use Only] <br /> TITLE Fairview Pk Soil Borings <br /> FY 2016 <br /> ORANGE COUNTY <br /> CONTRACT UNDER$15,000.00 <br /> NORTH CAROLINA <br /> THIS AGREEMENT, made and entered into this twenty ODb day of January, 2016` ("Effective <br /> Z)a1m")hy and between Orange County,North Carolina, apo|hico|subdivision ofthe State of North Carolina, <br /> (the "County"), party ofthe first part; and Summit Design and Engineering Services, Pl~l.C (thc "Provider"), <br /> party of the second part; <br /> W8TNESSETD8: <br /> For the purpose and subject to the terms and conditions hereinafter set forth, the County bore6v <br /> contracts for the services of the Provider, and the Provider agrees to provide the 6o||ovviog services 1othe <br /> County bu accordance with the terms of this Agreement,time being ofthe essence: <br /> The services and/or mnu1cdmlo (hereinafter referred to collectively as "Services") to be furnished <br /> under this Agreement are as fbUnvva: To provide moil borings for the future construction of parking area <br /> and driveway u1 Fairview Park. <br /> The term of this agreement rendered shall bo from January 25 t",2016 boMarob14 th,20|6. <br /> Provider represents and agrees that Provider ia qualified toperform and fully capable of performing and <br /> providing the services required or necessary under this Agreement in a fh)|v competent, professional and <br /> timely manner 0othe satisfaction of the Conuty. Provider shall be responsible for all errors or omissions, in <br /> the performance of the Agreement. Provider mbaU cooroi 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 uuaigu any dobt or <br /> responsibility granted or required by this Agreement,without the prior written approval of the County. <br /> SPECIFIC TERMS <br /> [ Paymen : The County agrees to pay at the rates specified for Services uu1iu[kutod|y <br /> performed in accord with this Agreement. The amount to be paid by the County sbuU not exceed three <br /> thousand seven hundred dollars, ($3,780). Payment abuU be made within thirty (3O) days of an invoice <br /> yzuperiy submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, <br /> County may, without fault ocpenalty, withhold any payment associated with the work tu be performed until <br /> such time uo said work iacompleted. <br /> 2. Non—waiver: Failure by County at any time to require the perfbnuuucn by Provide, 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 contractor and the <br /> County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not hetreated <br /> as an employee with respect 0othe Scn/ioeu yo/fhmuod hereunder for federal or state tax, unemployment or <br /> workers' uooupeoau1iou purposes. The Provider understands that neither federal, nor state, nor payroll tux of <br /> any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. <br /> 4` Insurance: Provider shall obtain, at its sole expense, Commercial General Liability <br /> Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance uymay <br /> be required by County's Risk Manager as such insurance requirements are described in the Orange County <br /> Revised 1/16 <br />