Loading...
HomeMy WebLinkAbout2013-290 AMS - Williams Appraisers for Real Estate Appraisal for 3 Hwy 70A parcels $4,000 [Departmental Use Only] TITLE Hwy 70A Appraisal FY 2013-14 ORANGE COUNTY CONTRACT UNDER$10,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 19th day of July, 2013, ("Effective Date")by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Williams Appraisers, Inc. (the "Provider"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement,time being of the essence: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Real Estate appraisals according to the attached proposal for PINS 9874716466, 9874715479,and 9874717383 dated July 15, 2013. The term of this agreement rendered shall be from July 19, 2013 to August 31,2013. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, 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. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS 1. Pam ent: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed Four Thousand Dollars, ($4,000). Payment shall be made within thirty(30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may,without fault or penalty,withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non—waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same,nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent Provider, and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: The Provider shall obtain, at its sole expense, all insurance needed to adequately insure itself during the performance of these services as required by the County's Risk Management Policy. Revised July 2010 1 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. 7. Entire Agreement: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. 8. Governing Law:aw: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County,North Carolina. 9. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public finds. IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PRO R By: B . IY w� C ty Manager Title: %1b r6^xr- 200 S. Cameron St. Williams Appraisers, Inc. P.O. Box 8181 1330 Sunday Drive, Ste 101 Hillsborough,NC 27278 Raleigh,NC 27607 Th' instrument has been approved as to technical content. Jeffrey Thompson, Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. J U 64,,e,_.z,., A"— Office of the Finance Director This instr ent h approved as to form and legal sufficiency. O ce of the ounty Attorney Revised July 2010 2 cm Williams Appraisers Inc PO Box 33786 lums Raleigh,NC 27607 Tel.919-424-1900 ` Fax.919-424-1922 APPRAISERS INC. http://www.williamsappraisers.com To: Mr.Jeffrey Thompson Orange County jethompson@orangecountync.gov 9200 S.Cameron Street PO Box 8181 Hillsborough,NC 27278 From: John McBrayer johnowilliamsappraisers.com Receiver's Phone/Cell: 919-245-2658 Date: July 15,2103 Property: PIN 9874716466 and 9874715479 located at 1119 US 70A, Hillsborough 27278(owned by Gene Raymond McCauley)and PIN 9874717383 located at 1203 US 70A, Hillsborough 27278(owned by Wesley and Alice Woods). Interest Appraised: Fee Simple Interest-"As If Rezoned for Commercial Use" Type of Report: Summary Due Date: 3 weeks from date of engagement Appraisal Fee: $4,000($2,000 per report) McBf�'•, Payment Terms: Due on Completion of Report nsM Proposed by: John McBrayer(Digital Signature) July 15,2013 Date Accepted by: Signature Date Print Name PLEASE COMPLETE THE FOLLOWING (IF DIFFERENT FROM ABOVE)AND RETURN ENGAGEMENT VIA EMAIL or FAX TO (919)424-1922: Report should be addressed to: Report should be invoiced to: Contact names and phone: County Manager Orange County Orange County Jeff Thompson Number of copies requested: 2 + pdf A CERTIFICATE OF LIABILITY INSURANCE OAT / ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER .CONTACT NAME: LIZ Edwards GARLAND D THOMPSON PAINONN E 919-781-6564 ivc No: 919-571-6230 3130 FAIRHILL DR E-MAIL SS: edwar 1 nationwide.com STE 106 INSURER S)AFFORDING COVERAGE NAIC# RALEIGH NC 27612-3164 INSURER A: NATIONWIDE PROPERTY AND CASUALTY INSUR 37877 INSURED INSURER B: INSURER C: WILLIAMS APPRAISERS INC INSURER D: 1330 SUNDAY DR STE 101 INSURER E: RALEIGH NC 27607-5196 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE A DL SUB POLICY EFF POLICY EXP LTR POLICY NUMBER MM/DD/YYYY MM/DD/YYri LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 It COMMERCIAL GENERAL LIABILITY ��'''X'''''' PREMISES Ea occurrence $300,000 CLAIMS-MADE OCCUR ... MED EXP(Any one person) $5,000 A ACP BPOK 2262383638 10/10/2012 10/10/2013 PERSONAL&ADV INJURY $ 1,000,000 X Non-owned Auto GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY PRO X LOC $ AUTOMOBILE LIABILITY COs BIKED SINGLE LIMIT $ 17117. ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE -- HIRED AUTOS AUTOS Paraccident $ UMBRELLA LIAIII HOCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DIED I I RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N 7 CRY LIMIT ER ANY PROPRIETOR/PARTNER/EXECUTIVE❑ E.L.EACH ACCIDENT $ OFFICE/MEMBER EXCLUDED? N/A , (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 Hillsborough NC 27278 AUTHORIZED REPRESENTATIVE Liz Ed'Jar, 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD AC°R°® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDMW) 8/9/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Lucinda Engel HSA Insurance Services PHONE . (866)443-4309 FAX. No:(866)443-4310 310 North Midvale Blvd ACRE :lucinda.engel @onlinehsa.com INSURER(S)AFFORDING COVERAGE NAIC# Madison WI 53705 INSURERA:CNA Insurance Company INSURED INSURERS: Williams Appraisers Inc, DBA: Williams INSURER C: PO BOX 33786 INSURER D: INSURER E: Raleigh NC 27607 INSURER F: COVERAGES CERTIFICATE NUMBER-CL128902402 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLI CIES.LIMITS SHOWN MAY HAVE BEEN REDU CED BY PAID CLAIMS. INSR ADDLISUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR VWVVD POLICY NUMBER IM MIDDIYYYY) (MM/DDIYYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY AMA E T EN E -PRE MISE Ea occurrence $ CLAIMS-MADE El OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO r LOC $ECj AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident ANY AUTO BODILY INJURY(Per person) $ ALLOWNED SCHEDULED BODILY INJURY Per accident $ AUTOS AUTOS ( ) HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION WC STATU- I OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS EEL ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A RNP25414655012 /29/2012 /29/2013 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Professional Liability E & O Insurance -- Claims Made Policy -- $1,000,000 per claim/$1,000,000 aggregate DBA -- Williams Appraisers Inc PLEASE NOTE THIS CERTIFICATE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CHANGE THE TERMS AND CONDITIONS OF THE POLICY. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Williams Appraisers, Inc. ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE James Candler/JAMES — c ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 rgMnn51 M Tho Ar`npn name�nrl Inn^mro ronieforori m2rlre of Ar`non