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000wSWn Envelope ID:roEroC40~^CE8-418r~^r0r-78004o4r00*4 <br /> [Departmental Use Only] <br /> TITLE EOand Heirs Geotech <br /> FY 2015-2016 <br /> ORANGE COUNTY <br /> CONTRACT UNDER $15,000,00 <br /> NORTH CAROLINA <br /> THIS AGREEMENT, rnudo and entered into this thirteenth day ofMay, 2016, ("Effective Date") <br /> by and between Orange County, North Carolina, apn|dicu| subdivision of the State of North Carolina, (the <br /> "Conuty"), party of the firatpart; and Summit Design and Engineering Services (the "Poovider")` party ofthe <br /> second part; <br /> WITNESSE77H: <br /> For the purpose and subject tu the terms and conditions hereinafter set forth, the County hereby <br /> contracts for the services of the provider, and the Provider agcuou to provide the following services to the <br /> County in accordance with the terms of this Agreement,time being ofthe essence: <br /> The services and/or nnu1eria|a (hereinafter referred to collectively as "Services") to be furnished <br /> under this Agreement are as fbUovve: This contract is to furnish Orange County with u uohoorfaco <br /> exploration and geuteohnicu| evaluation for a parcel of land (nvvne, by the S.L. EDund Heirs, Ll.C) that <br /> County is considering purchasing adjacent to the County owned Soccer Center on West Ten Road in Efland <br /> North Carolina. <br /> The term o[this agreement rendered shall he from May |3, 28l6to June 30, 2Ol6 . <br /> Provider represents and agrees that Provider ioquu|ificdto perform and fully capable o[performing and <br /> providing the oun/icoo required or ocoenoug' under this Agreement in a fully competent, professional and <br /> timely manner tothe satisfaction of the County. Provider ebaU be responsible for all nnnro or omissions, in <br /> the performance of the Agreement. Provider ahoi| uoouu1 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 abaU Provider assign any right 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 satisfactorily <br /> performed in accord with this /\grecnueoL The amount to he paid by the County mhuU not exceed five <br /> thousand two hundred dollars, ($5,200.00). Payment abaU be made within thirty (30) days of an invoice <br /> properly submitted 10 County. Should Provider fail to pedbon its duties under the 1enna of this /\grsmnoeut, <br /> County may, without fault orpenalty, vvitbbm|d any payment associated with the work to he performed until <br /> such time ua said work iacompleted. <br /> , <br /> 2= Non—waiver: Failure by County u1 any time tu require the performance by Provider ofany <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 he held 10 be u waiver of any succeeding hreuub or u waiver of <br /> this Non-Waiver Clause. <br /> 3. Independent Contractor: The Provider aboO operate as an independent contractor and the <br /> County sbuU not be responsible for any ofthe Provider's ao1m or omissions. The provider xhuU not hutreated <br /> as an employee with respect tothe Services performed hereunder for federal or state tax, unemployment or <br /> vvockccu' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of <br /> any kind shall he withheld or paid hy the County on behalf ofthe Provider oc the employees uf the Provider. <br /> Revised 1/16 1 <br />