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1 <br />Revised 06/21 <br /> [Departmental Use Only] <br /> TITLE Whitted HVAC RFQ5367 <br /> FY 2022-2023 <br />NORTH CAROLINA <br /> PROFESSIONAL SERVICES CONTRACT <br />ORANGE COUNTY <br /> <br /> THIS PROFESSIONAL SERVICES CONTRACT (hereinafter called “Agreement”), made as of the 3rd day of April, 2023, by and between <br />Progressive Design Collaborative, LTD, a professional Engineering (architectural/engineering/landscape architectural-select one) firm with <br />a partner or principal registered in North Carolina as a licensed Engineer with offices in North Carolina (hereinafter called the “Designer”) <br />and Orange County, a political subdivision of the State of North Carolina, (hereinafter called the “County,” “Orange County,” or “Owner”). <br /> <br /> <br />W I T N E S S E T H: <br /> <br />Whereas the Owner published a Request for Qualifications and the undersigned Designer submitted a responsive Statement of <br />Qualifications evaluated and approved by Owner; and <br /> <br />Whereas the Designer and the Owner now wish to form and memorialize their agreement for services and for the consideration herein <br />named do hereby agree as follows: <br /> <br />ARTICLE 1 <br />SCOPE OF WORK <br />1.1 Scope 1.1.1 This Agreement is for professional services to be rendered by Designer to Owner with respect to a project <br />known as Mechanical and Electrical Engineering Design Services for multiple facilities - Whitted Building A & B HVAC Replacement <br />(herein referred to as the "Project"). The Project is located in Orange County, North Carolina. It is described more particularly in <br />Attachment A. <br />1.1.2 By its execution of this Agreement, the Designer represents and agrees that it is qualified and fully capable to perform and <br />provide professional services and other services required or necessary under this Agreement in a fully competent, professional and <br />timely manner, and that its Consultants are also fully capable and qualified to perform and provide the services that they will provide <br />hereunder. <br />1.1.3 Time is of the essence of this Agreement. <br />1.1.4 The services to be performed under this Agreement consist of Basic Services, as described and designated in Article 4 hereof and <br />in Attachment B to this Agreement, and such Additional Services as are designated in Article 5 of this Agreement or as may from time-to- <br />time be agreed upon by the Owner and Designer by Amendment or Addendum to this Agreement. <br />Compensation to the Designer for Basic Services under this Agreement shall be as set forth herein, and compensation for Additional <br />Services shall be as set forth herein or in any Amendment or Addendum providing for them. All services performed by the Designer not <br />identified as Additional Services in Article 5 or in a written Amendment or Agreement entered into by the Owner and the Designer and <br />providing for additional compensation for such additional services relating to the Project shall be deemed to be Basic Services provided <br />without additional compensation. <br />DocuSign Envelope ID: 3D4D20DD-E384-4780-B168-B7B2CCA4B00B