Orange County NC Website
DocuSign Envelope ID:D6209C59-EDDE-4EE9-9585-F8B68F281El9 <br /> [Departmental Use Only] <br /> TITLE Phase I, ESA <br /> FY Fy 2016-17 <br /> ORANGE COUNTY • <br /> CONTRACT UNDER$15,000,00 <br /> NORTH CAROLINA <br /> THIS AGREEMENT, made and entered into this 3rd day of November, 2016, ("Effective Date") <br /> by and between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the <br /> "County"), party of the first part; and Terraquest Environmental Consutants, P,C. (the "Provider"), party of <br /> the second part; <br /> WITNESSETIT: <br /> For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby <br /> contracts for the services of the Provider, and the Provider agrees to provide the following services to the <br /> County in accordance with the terms of this Agreement,time being of the essence: <br /> The services andlor materials (hereinafter referred to collectively as "Services") to be furnished <br /> under this Agreement are as follows: Phase 1, Environmental Site Assessment and Flood Plain Surveying <br /> Cam Associates Property, Shepherd Lane Condominiums, Chapel Hill, North Carolina as provided in the <br /> attached Letter, dated October 20, 2016 addressed to Renee D.. Holmes, which is attached as Exhibit A and <br /> incorporated into this Agreement as set out herein <br /> the term of this agreement rendered shall be from November 3, 2016 to February 2,2017 <br /> Provider represents and agrees that Provider is qualified to perform and fully capable of performing and <br /> providing the services required or necessary under this Agreement in a hilly competent, professional and <br /> timely manner to the satisfaction of the County.. Provider shall be responsible for all errors or omissions, in <br /> the performance of the Agreement. Provider shall correct 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 assign any right or <br /> responsibility granted or required by this Agreement,without the prior written approval of the County.. <br /> SPECIFIC TERMS <br /> 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily <br /> performed in accord with this Agreement.. The amount to be paid by the County shall not exceed Two <br /> 'Thousand One Hundred Twenty-Five dollars, ($2,125.00). Payment shall be made within thirty(30) days of <br /> an invoice properly submitted to County Should Provider fail to perform its duties under the terms of this <br /> Agreement, County may, without fault or penalty, withhold any payment associated with the work to be <br /> performed until such time as said work is completed <br /> 2. Non—waiver: Failure by County at any time to require the performance by Provider 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 be treated <br /> as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or <br /> workers'compensation purposes The Provider understands that neither federal,nor state, nor payroll tax of <br /> any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider <br /> Revised 6/16 1 <br />