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Revised 06/21 <br />2 <br />and diligence as is ordinarily possessed and exercised by a consultant performing <br />the same or similar services at the same time in the same locality and in <br />accordance with applicable federal, state and local laws and regulations applicable <br />to the performance of these services. Provider is solely responsible for the <br />professional quality, accuracy and timely completion and submission of all work <br />related to the Basic Services. <br /> <br />ii) Provider shall be responsible for all errors or omissions of its contractors, <br />employees, or assigns in the performance of the Agreement. Provider shall <br />correct any and all errors, omissions, discrepancies, ambiguities, mistakes or <br />conflicts in documents prepared by Provider and provided to the County at no <br />additional cost to the County. <br /> <br />iii) The Provider shall not, except as otherwise provided for in this Agreement, <br />subcontract the performance of any work under this Agreement without prior <br />written permission of the County. No permission for subcontracting shall create, <br />between the County and the subcontractor, any contract or any other relationship. <br /> <br />iv) Provider is an independent contractor of County. Any and all employees of the <br />Provider engaged by the Provider in the performance of any work or services <br />required of the Provider under this Agreement, shall be considered employees or <br />agents of the Provider only and not of the County, and any and all claims that may <br />or might arise under any workers compensation or other law or contract on behalf <br />of said employees while so engaged shall be the sole obligation and responsibility <br />of the Provider. <br /> <br />v) If activities related to the performance of this Agreement require specific licenses, <br />certifications, or related credentials Provider represents that it or its employees, <br />agents and subcontractors engaged in such activities possess such licenses, <br />certifications, or credentials and that such licenses certifications, or credentials are <br />current, active, and not in a state of suspension or revocation. <br /> <br />vi) In determining the Basic Services to be provided, should any documents be <br />referenced in this Agreement, the terms of this Agreement shall have priority in <br />any conflict between the terms of referenced documents and the terms of this <br />Agreement. <br /> <br />3. Basic Services <br /> <br />a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows <br />(fully describe services to be provided): Provide commissioning and corrective services <br />for implementation of: (1) the corrective actions recommended by MBP Carolinas, Inc. <br />in the Orange County Emergency Services Commissioning Report dated May 31, 2022, <br />pertaining to the mechanical and air distribution systems at 510 Meadowlands Drive, <br />Hillsborough, NC (Commissioning Report), and (2) additional envelope tests <br />recommended by High Performance Building Solutions in the Orange County EMS <br />Envelope Assessment Report dated May 23, 2022, which is included in Appendix A of <br />the Commissioning Report. <br /> <br />DocuSign Envelope ID: C7726C6D-4833-4EF7-A602-F6C699BF25C2