2020-561-E Planning-Schnabel Engineering South Lake Orange gate-spillway repair

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Revised 11/19 (STAFF REQ CHANGE v2 / Schnabel) 2 i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional quality, accuracy and timely completion and/or submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. 3. Basic Services a. Basic Services. i) The Provider shall perform as Basic Services the work and services described herein and as specified in the County’s Request for Proposals or Request for Qualifications (the “RFP”) “RFP Number 5285 for “Lake Orange - Erosion Control Barrier Replacement” issued March 27, 2020, including Addenda #1, #2, and #3, specific to the Scope of Services defined as "Project 2: Sluice Gate and Sluice Gate Actuator Replacements", and, "Project 3: Concrete Spillway Channel Point Repairs" within RFQ #5285 [NOT INCLUDING the Scope of Services for Bidding and Award Assistance, Construction Engineering and Inspection (CEI), Construction Materials Testing (CMT), or Post-Construction Phase as defined within RFQ #5285], and the Provider’s proposal, which are fully incorporated and integrated herein by reference together with Attachments N/A (designate all attachments). In the event a term or condition in any referenced document or attachment conflicts with a term or condition DocuSign Envelope ID: 92FB5070-C04D-4F1C-8D4A-460E15B544B1