Orange County NC Website
Browse       Search
DocuSign Envelope ID:5278FBDE-6365-4ABB-AO8F-CBB7E7FBC2B5 <br /> Contract Specific Provisions Made 9129123, not to be used with other contracts <br /> that are consistent with that degree of care and skill practiced by similar <br /> professionals practicing in the same locality under the same or similar <br /> circumstances and in accordance with applicable federal, state and local laws and <br /> regulations applicable to the performance of these services. Provider is responsible <br /> for the professional quality, accuracy and timely completion and submission of all <br /> work related to the Basic Services. <br /> ii) Provider shall be responsible for all errors or omissions of its agents, contractors, <br /> employees, or assigns in the performance of the Agreement. Provider shall correct <br /> any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at <br /> no additional cost to the County. <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 /> 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 /> 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 /> vi) Should any documents, exhibits, or addenda be attached to this Agreement, the <br /> terms of this Agreement shall have priority in any conflict with or among the terms <br /> of such referenced documents, exhibits. <br /> vii) Should this Agreement involve project designs, the construction or creation of <br /> which is to be bid out or fulfilled by other contractors, and bidding or negotiation <br /> with contractors produce prices which, when added to the other elements of the <br /> approved total project cost, produce a cost that is in excess of the approved total <br /> project cost,the Provider shall participate with the County in negotiation and design <br /> adjustments to the extent such are necessary to obtain prices within the approved <br /> total project cost. All activity of the Provider with respect to these matters shall <br /> constitute Basic Services and shall be performed by the Provider without additional <br /> compensation. If negotiation and design adjustments fail to bring costs within the <br /> total project cost the County may reject all bids and Provider will redesign or reduce <br /> portions of the project in an effort to reduce the bid prices to within the total project <br /> cost and rebid the project. One such redesign is included within Basic Services. If <br /> this second letting for bids does not produce bids that are within the approved total <br /> project cost initially or after negotiations <br /> Revised 04/23 <br /> 2 <br />