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Home My WebLink About2013-469 DEAPR - Landmark Surveying Inc for Boundary survey and plat for Bliss-Doby Conservation Easement $3,930 _ZQr -1 - yi ? 0,5*A< [Departmental Use Only] TITLE Survey(Bliss-Dobyns) FY 2013-14 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA / THIS AGREEMENT, made and entered into this * day of_Qeeeber-20 3, ("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 Landmark Surveying, 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: Complete a boundary survey and conservation easement plat for the 35-acre Bliss-Dobyns property located at 828 Mt. Willing Road, Efland. The services will include painting trees along all boundaries. The term of this agreement rendered shall be from November 1,2013 to December 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 I. Payment: 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 Three thousand nine hundred and thirty dollars, ($3,930). 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: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, Professional Liability Insurance, and Revised 9/13 I any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at htt :/p /orangecountync.gov/purchasing/contracts.asi)). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 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. Priority: In determining the basic services to be provided, should any documents be referenced in this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. 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. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all anti-discrimination laws. Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a contract with a contractor unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Provider's breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 10. 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 funds. [SIGNATURE PAGE TO FOLLOW] Revised 9/13 2 IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the day first written above. ORANG �/ON PROVIDER ��/ p By: By: ounty Manager Title: ✓�cE Pao C.�r" S.Cameron St. Landmark Surveying,Inc. P.O.Box 8181 109 East Harden Street Hillsborough,NC 27278 Graham,NC 27253 This innstruuM ment ha n approved as to technical content. Ir• P.David Stancil,Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. L' /) :/ Office of the Chief Financial Officer This s ' ment h een pproved as to form and legal sufficiency. Rfl�ce of the County Attorney Revised 9/13 3 --� ! L4NDMA 00 ID!DR D M 10ERTIFICATE OF LIABILITY INSURANCE O; MMDNYYY) 25/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGgITIVELY 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 nay require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemen s. I Haywood m ER on Insurance Phony:336-228-0525 NCOAMTA� Debby Blanchard _ _ Pos Office Box 2038 Fa�:336-229-0900 PAIL N,Exti:336-228-0525 I Fax Burlington,NC 27216 EMAIL ___.!(acINel?336-229-0900 -A'DUREss:blanchd3@nationwide.com INSURM AF) FORDING COVERAGE NAIC 0 INSURER A:NationWide Insurance Co INSURED Landmark Surveying Inc INSURERB:Guard Insurance Group—...-- PO Box 839 - -.------- Graham,NC 27253 INSURER c: — ---_-— ---- - - -- -- - INSURER D: INSURER E• 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 -' LTR I TYPE OF INSURANCE i - POLICY NUMBER MM/DD/YYYY UNITS GENERAL LIABILITY j-EACH OCCURRENCE I$ 1,000,00 A I X� COMMERCIAL GENERAL LIABILITY CP2 53584929 08/2712013 08/27/2014 PREMISES lEa occurr $ 100,00 CLAIMS-MADE a OCCUR MED EXP(Arty one_�arson)--13---_----.----.5,00 PERSONAL BADVINJURY $_--- 1,000,00 GENERAL AGGREGATE I$ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: I — PRODUCTS•COMP/OP AGG 1$_ --- 2,000,00 POLICY PRO- F7JFCT F7 LOC I $ AUTOMOBILE LIABILITY I I COMBINED SINGLE LIMIT 1,000,0 A ANY AUTO CP2 53584929 08/27/2013 08127/2014 BODILY INJURY(Per person) :S 1 ALL OWNED SCHEDULED - I AUTOS X AUTOS j I BODILY INJURY(Per accident);S -- -__-.._ ..._.__.- X iHIRED AUTOS I X NON-OWNED "-- --- - PROPERTY DAMAGE AUTOS I (Per accident L_...._...._._._.- S- ----------------- i X I UMBRELLA LIA B X OCCUR EACH OCCURRENCE .S 2,000,000 —- - —�- A I EXCESS LIAR CLAIMS-MADE ACP2253584929 0812712013 08127/2014 AGGREGATE $ 2,000,00 f DED X RETENTION O I - ----- $ - - - WORKERS COttPENSA710N WC STATU• II 0TH-1 AND EMPLOYERS*LIABILITY YIN I I tORY1.IMUS S ANY PROPRIETORIPARTNERIEXECUTIVE LAWCi 33903 08/27/2013 08/27120141 OFFICERIMEMBEREXCLUDED? NIA E.L.EACHACCIDENT $ 1,000,00 —_----..-_----- (Mandatory In NH) E _ EASE-EA EMPLOYEE S _ 1,000,00 If yea deacrbeunder I E.L.DISEASE•POLICY LIMIT;-$ 1,000,00 DESCRIPTION OF OPERATIONS below I I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Surveyor Land CERTIFICATE HOLDER I CANCELLATION ORANGEN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County,North Carolina ACCORDANCE WITH THE POLICY PROVISIONS. 306A Revere Road AUTHORIZED REPRESENTATIVE Hillsborough,NC 27278 4�� I 988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD