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Home My WebLink About2013-474 AMS - Freeland Survey for County Jail Site Leasehold Survey $4,800 [Departmental Use Only) TITLE Jail Survey FY 2014 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 1st day of November, 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 Freedhold Land Surveys(the"Provider"), party of the second part; w i 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: County Jail Site leasehold survey(as outlined in the attached proposal dated October 18,2013. 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 1. 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 Four Thousand Eight Hundred Dollars, ($4,800). 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 E 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. k 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are described in the Orange County Revised 9/13 1 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://oran eg countync.ggy/purchasinWcontracts.asp). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of N/A (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. Ind mni : 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. i 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. g 8. Priori 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 g_,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. 3 10. Non Appro rin ation: 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] 4 t f Revised 9/13 2 I IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE U PROVIDER By: By: 00unfy Manager- Title. g 200 S. Cameron St. Freehold Land Surveys P.O.Box 8181 113 West Main Street,Unit#A Hillsborough,NC 27278 Carrboro,NC 27510 This instrument has been approved as to technical content. Jeffre Thompson,Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Office of the Chief Financial Officer This instrument has pproved as to form and legal sufficiency. e of the 6ounty Attorney Revised W13 3 i Image Viewer Page I of 1 Rd rs CERTIFICATE OF LIABILITY INSURANCE °0 snD13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THE CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY ACID, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING WSURER(S),AUTHORIZEE REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER- IMPORTANT: If the certificate holdx Is an ADDITIONAL INSURED,the policy(les)must be endorsed. N SUBROGATION IS WAIVED,subject to the tanns and conditions of the Policy,certain policies may squire an sndorsaroonL A statemerk on this certdicats does not confer rights to the cerdNceb holder In lieu of such ardor ownent(s). PROD1OE1 Greg Lopeman GM Loomm_ — State Farm Insurance FtRONE 9 3-7770 FAZ 919-9337713 _ Greg.Lopeman.rwsl�itatatefsrm.com Q1046 NC HWY 54 VY Bypass -T-- Carrboro,NC 27510 NRSURE1g8IAFA MOMCOVERAM ""IC0 _-- INSURER A:S Fame Eke ants gW_Wi ComDSm _ INSURED Freehold Land Surveys Inc INSURER e:State Farm Mutual AlrtomdbBe Insurance Company— 25171_ PO Box 188 "MMMC. --- CarrborQ,NC 27510 INauRERo:INSURER 5: _ INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED 13ELOW 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 VNTH 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 SHONM MAY HAVE BEEN REDUCED BY PAID CLAIMS. Iran TYpti OF IISIIRANCE POLICY NUMER B POOCY EFF UNITS --- A GENSMO-UhaRATY 93-BRZT294 0512312013 0S12312014 EAcmoccuRRENce s 1.000,000 X COMMERCIAL GENERAL LIABILITY I PREMISES(Es 2nq rm E 300.000 CWMa11A SDE L^I OCCUR III MEDEXP(Myorropsean) S _�OJ000_ PERSONAL S ADV INJURY S 1.000,°0° GENERAL AGGREGATE E _ 2.000.000 GEN'L AGGREGATE LIMIT APPLIES PER: f 'PRODUCTS-COMPIOP AGG f 2.000.000 MT POLICY LOC I s g AMTOMOeILELIAexmY 0485671-E23-33 961231121113 1112312914 Eex ANY AUTO BODILY ItUt{RY NPs pecan) E 500.000 LLOVONNED F-x13ACHODDULED BODILY INJURY(Ps eaodwe) E 500,000 II HIREDAUTOS AUTOS I I Ira 3 100, E A UMBRELLA LIAR X OCCUR 93-GR-9684-2 06/2312013 0512512014 EACH DCC1eRENCE s 2,000.000 EXCESSLIAa CLMMS—DE AGGREGATE —. E 2.000.000 DEO TX i RETENTION 10.000 -- E A NIDROUMCOe1PENEATION AND EMPLOYERS'LIASRLTY Y 1 N 934M-V30-9 0612312013 05MV2014 ANY PROPRIErORFARTNERIFXECUTNE r�--yl E.L EACH ACCIDENT E 100,000 OFFICEMEMBER EXCLUDED? ❑NIA(I , (Maw"In I" E.L.DISEASE-EA tI�APLOYE E 700,000 I In.desuOe under E.L.DISEASE-POLICY LeRR S 500,°0° DESCRIPTION OF OPERATIONS I LOCATIONS I VEW AAPS(Attach ACORD 197.Ad*G*M Ransrls Sgrdule,I Mme eI 1 M requYed) Surveyors CERTIFICATE HOLDER CANCELLATION Orange County THE EXANY TION D� HEERE�OF,N mEi nLLL CANCELLED eE BEFORE PO BOX 8181 ACCORDA TH THE POLICY PROVISIONS, Hillsborough,NC 27278 AuTHDR1rEO TPfE nfinne ftorangecountyne.gov twu---/ ®1986-2010 ACORD CO RATION. AN rights reserved. ACORD 26(2010106) The ACORD name and logo are registered marks of ACORD 1001486 132849.6 11-16-2010 https://sfnet.opr.statefarm_org/im_Core/jsps/pages/imageV iewer.faces 10/29!2013