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HomeMy WebLinkAbout2014-291 DEAPR - ENT Land Surveys for boundary survey and plat for Davis conservation easement 3.3 acres $1,000 zo 14 - ),91 pEA.� [Departmental Use Only] TITLE Davis CE Survey FY 2013-14 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this �( 'day of June, 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 ENT Land Surveys(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: A boundary survey and recordable plat for the Davis conservation easement(3.3 acres+/-) located on Valley Wood Road(Off Highland Farm Rd) in Orange County. Services will include marking new corners with iron pins and painting trees along the southern easement boundaries. The term of this agreement rendered shall be from June 9 to July 15,2014. 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 One thousand dollars, ($1,000). 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: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may Revised 9/13 1 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://orangecoupiync.gov/purchasing/contracts.asp). 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. Priori 1y: 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: 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 Y PROVIDER By: By QKUnTTYaWTgdK Title: 200 S. Cameron St. Steve Yuhasz P.O. Box 8181 226 South Churton Street Hillsborough,NC 27278 Hillsborough,NC 27278 This instrument has been approKd as to technical content. P. David Stancil,Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. N Office of the Chief Financial Officer This m1trump ha en ap oved as to form and legal sufficiency. Wce of th ounty Attorney '-'- Revised 9713 3 DATE (MMIDD/YYYY) ACOROe CERTIFICATE OF LIABILITY INSURANCE 06/10/2014 THIS CERTI"ICATE 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 Phone: (336)475-9762 Fax: (336)472-9160 CONTACT_ Insurance Service Corp.of America NAME:INSURANCE SERVICE CORP.OF AMERICA PHONE -- — - FAx -- -- P.O.BOX 2399 Lc No Exth (336)475 9762 _ IL,vc No): (336)472-9160 -- - - — E-MAIL THOMASVILLE NC 27361 'ADDRESS Nanc: Y@ ISCofA.com INSURERS)AFFORDING COVERAGE NAIC# INSURED. -_ _ - --.--.__ --__.. wsURERA :CNA-PL 31127 ENT LAND SURVEYS,INC INSURER :Travelers Property Casualty Co of America 25674 226 SOUTH CHURTON ST INSURER :Travelers Indemnity Co 25658 HILLSBOROUGH NC 27278 INSURER D: Travelers Indemnity Co 25658 INSURER :Phoenix Insurance Co TRAVELERS 25623 INSURER F COVERAGES CERTIFICATE NUMBER: 11114 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 ADDL SUER POLICY EFf POLICY EXP _ TYPE OF INSURANCE _ _@1MIDDIYYYY (WWDD/YYYY _ _ LTR --___-� -_.. _-_.- INSD WVD POLICY NUMBER LIMITS B X !,COMMERCIAL GENERAL LIABILITY X X 6801623N240 02/01/14 02/01/15 EACH OCCURRENCE $ 1,000,000 J CLAIMS-MADE I X OCCUR -DAMAGE TO RENTED 300,000 jPREMISES(Ea occurence) $ GEN MED.EXP(Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000 000 �GENERAL AGGREGATE $ 2,000,000 L AGGREGATE_ S PER: --- - , --- --- - JECT POLICY L.�JECT f LOC ! ! RODUCTS-COMP/OP AGG $ 2,000,000 OTHER: _ $ `. AUTOMOBILE LIABILITY li ,, BA16,.35N460 02/01/14 02/01/15 (Ea EDSINGLE LIMIT Eadent) 1 $ 1,000,000 X ,ANY AUTO -,. SCHEDULED 'I BODILY INJURY(Per person) $ ALL OWNED AUTOS -- AUTOS BODILY INJURY(Per accident) $ NON-OWNED ---- ----- - - HIRED AUTOS PROPERTY DAMAGE $ -- ---i AUTOS (peraccidenl) - _-.-___ $ D X 1E EXCESS X occuR CUP2345T127 02/01/14 02/01/15 EACH OCCURRENCE $ X X --- 1,000,000 _-_DED AGGREGATE $ 1,000,000 WORKERS COMPENSATION $ , CLAIMS-MADE E T 10 000 + UB3663T324 02/01/14 02/01/15 X sinTUrE T ER AND EMPLOYERS LIABILITY _�J _- 4- ANY PROPRIETORIPARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? �— �E ..EACH ACCIDENT $ 500,000 (Mandatory In NH) I� DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under -- --- , --tDESCRIPTION OF OPERATIONS below .DISEASE POLICY LIMIT $ 500,000 A IProfessioanl Liability LSH288321942 02/08/14 02/08/15 $1,000,000 Per Claim$2,000,000 Annual Ag DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD D 101,Additional Remarks Schedule,may be attached it more space is required) Orange County,its officers,official agents and employees are listed as additional insured on the General Liability Policy where required by written agreement ATIMA,and Wavier of Subrogation is in favor of certificate holder(See attached CG D3 81 09 07) CERTIFICATE HOLDER CANCELLATION I Orange County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 200 South Cameron Street, THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 8181 ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough,NC 27278 - —— ---- - AUTHORIZED REPRESENTATIVE Attention: Risk Management ACORD 25(2014/01) ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies Insurance provided under the Blowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART m#A. The following is added to W14016 AN INSURED INSURANCE (Section III)for this Coverage (Section In: Part Any person or organization that you agree in a S. The following is added to Paragraph a. of 4. "contract or agreement requiring insurance"to In- Other insurance In COMMERCIAL GENERAL dude as an additional Insured on this Coverage LIABILITY CONDITIONS(Seclfoo IV): Part,but only with respect to llablilty for"bodily in- However,If you specifically agree in a"contract or jury", "property damage" or "personal Injury" agreement requiring Insurance"that the Insurance caused, In whole or In part,by your acts or omis- provided to an additional Insured under this Cov- stone or the acts or omissions of those acting on erage Part must apply on a primary basis, or a your behalf: primary and non-contributory basis.this Insurance a. In the performance of your ongoing opera- Is primary to other Insurance that is available to tons; such additional insured which covers such add- b. In connection with premises owned by or tional insured as a named Insured,and we will not rented to you;or share with the other Insurance,provided that c. In connection with "your work" and Included (1) The "bodily Injury" or "property damage"for within the "products-completed operations which coverage is sought occurs;and hazard". (2) The "personal Injury" for which coverage la Such person or organization does not qualify as sought arises out of an offense commkted; an additional Insured for"bodily Injury", "property after you have entered into that "contract or damage" or"personal injury" for which that per- agreement requiring insurance°, But this lnsur- son or organization has assumed liability in a con- once still Is excess over valid and coltectibla other . tractor agreement. Insurance,whether primary,excess,contingent or The Insurance provided to such additional Insured on any other basis,that Is available to the Insured Is limited as follows: when the Insured is an additional insured under d. This insurance does not apply on any basis to any other insurance. any person or organization for which cover- w#C. The following Is added to Paragraph 8.Transfer age as an additional Insured specifically Is Of tights Of Recovery Against Others To Us added by another endorsement to this Cover- In COMMERCIAL GENERAL LIABILITY CON- age Part. DITIONS(Section IV): s. This Insurance does not apply to the render- We waive any rights of recovery we may have Ing of or failure to render any "pmfesslonal against any person or organization because of services". payments we make for"bodily Injury", "property E The limits of Insurance afforded to the addl- damage" or"personal injury" artsing out of"your tional insured shall be the limits which you work"peribmted by you,or on your behalf,under agreed In that"contract or agreement requilr- a"contract oragreemerit requiring insurance"with Ing insurance" to provide for that additional that person or organization. We waive these Insured, or the limits shown in the Declare- rights only where you have agreed to do so as lions for this Coverage Part, whichever are part of the"contract or agreement requiring Insur- less.This endorsement does not Increase the ante" with such person or organization entered limits of insurance stated In the LIMITS OF brio by you before,and In effect when,the"bodily CG D3 Si OS 07 m 2007 The Travelers Companies,Inc. Page 1 of 2 Includes the coWghted material or Insurance 8ervlcas 011109,ins„with its permission COMMERCIAL GENERAL UABIUTY InJury°Or'property damage°occurs, or the"per- erage Part, provided that the "badly Injury" and sonal Injury°offense Is committed. "properly damage"occurs, and the eg "personal In- D. The following definition Is added to DEFINITION$ Jury"Is caused by an offense committed. (section V): a. After you have entered Into that contract or "Contract or agreement requiring Insurance' agmement; means that part of any contract or agreemwt un- b. While that part of the contract or agreement Is der which you are required to include a person or In effect;and organizaWn as an additional Insured on this Cov- a. Before the end of the policy period. Page 2 of 2 0 2007 The Tr$VWGM Companias,Inc. CG 03 of 09 07 Includes the copyriahled malviat of Instance ftrAces ONlcs,Inc.,%ft Its pemdsmon ORANGE COUNTY DEPARTMENT OF ENVIRONMENT, AGRICULTURE, PARKS AND RECREATION MEMORANDUM To: Clarence Grier, Assistant County Manager/Chief Financial Officer From: Rich Shaw, DEAPR Land Conservation Manager Date: June 9, 2014 Re: Contract for Survey of Davis Conservation Easement DEAPR intends to contract with ENT Land Surveys' Inc. (Steve Yuhasz) to survey a portion of the Jason and Rebecca Davis property located on Valley Wood Road for a conservation easement. Services include setting new irons at property corners, painting trees along the easement boundary, and preparing a plat to record in conjunction with the deed of conservation easement. The BOCC authorized DEAPR working on this project at the April 8 closed session. DEAPR earlier tried to contract with Alois Callemyn (Eno Mountain Homes), but Mr. Callemyn no longer carries professional liability insurance. DEAPR solicited bids from three surveyors and received proposals from all three: ENT ($1,000), Landmark Surveying ($1,650), and R.S. Jones ($2,800). Mr. Yuhasz has signed three original contracts (attached). A certificate of commercial general liability insurance is also provided. ` Needed are signatures of the County Manager, Clarence Grier, and County Attorney on the attached three contracts. A requisition for new PO will be submitted through MUNIS. Thanks for your assistance. Let me know if you need additional information. Enclosures cc: David Stancil Lynn Hecht Department of Environment, Agriculture, Parks and Recreation P.O. Box 8181 /306-A Revere Road Hillsborough, NC 27278 (919) 245-2510