HomeMy WebLinkAbout2014-208 DEAPR - HMW Preservation for complete Historic Landmark Designation Report for White Cross School $2,000 [Departmental Use Only]
TITLE Landmark Report for
White Cross School
FY 2013-14
ORANGE COUNTY
CONTRACT UNDER$15,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this 1 st day of May, 2014, (`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 HMW Preservation (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: Preparation of a complete Orange County Local Historic Landmark
Designation Report for the historic White Cross School, including initial draft and final draft, with required
photographs, maps and documentation, as detailed in Attachment 1: "Scope of Work and Payment
Schedule."
The term of this agreement rendered shall be from May 1,2014 to August 31, 2014.
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 Two-
Thousand Dollars, ($2,000). 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.
Revised 9/13 1
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
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 coug_"c.gov/purchasing/contracts.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. 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. 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 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.
ORANGE C PROVIDER
v
By:
C my Manager Title: pU$b&r
200 S. Cameron St. HMW Preservation
P.O.Box 8181 P. O. Box 355
Hillsborough,NC 27278 Durham,NC 27702
This instrument has b approved as to technical content.
�4 David Stancil, Department Director
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act. � At"—
6&46'Office of the Chief Financial Officer
This inst nt has approved as to form and legal sufficiency.
ILI
OP,of the 06unty Aitomey
Revised 9/13 3
6 a
1
Attachment 1: Landmark Report for White Cross School
Scope of Work and Payment Schedule
Contract Purpose: The Provider will prepare a complete Orange County Local Historic
Landmark Designation Report for the White Cross School, located at 3501 NC 54 West, Chapel
Hill, NC, 27516. The report will include and address all of the requirements for landmark
designation reports as set forth in the Orange County Code of Ordinances, Chapter 44, Article
IV, and as required by NC General Statutes in GS 160 A-400.6. The goal of the project is to
provide a completed Landmark Designation Report, approved by the State Historic Preservation
Office (SHPO). The completed report will allow the Orange County Historic Preservation
Commission (HPC)to formally recommend to the Orange County Board of County
Commissioners that the White Cross School be designated as an official Orange County Local
Historic Landmark.
Project Scope: The Provider will perform the following work items:
1. Prepare and submit the Part 1 section of the Orange County Landmark application for
review and approval by the HPC
2. prepare a draft Part 2 report for submittal to Orange County DEAPR staff for initial
review and comment; this submittal shall include the required photos, drawings and
maps
3. make appropriate edits and revisions as directed by staff review comments
4. submit a final draft of the Part 2 report to DEAPR staff for final review
5. present the application to the HPC for review and approval; upon approval, DEAPR staff
will forward a copy of the final draft report to the State Historic Preservation Office
(SHPO) for mandatory state-level review as per GS 160A-400.6 (2)
6. make edits and revisions as recommended by the SHPO and submit a final draft of the
report to DEAPR staff
Contract Period: May 1, 2014 to August 31, 2014, as follows:
Submittal/task Completion Dates Payments
Fieldwork and Part 1 of application June 30, 2014 $960
Draft Part 2 report for DEAPR staff Review July 31, 2014
Final Part 2 report and presentation to HPC August 30,2014 $1040
Total of payments to Provider $2,000