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HomeMy WebLinkAbout2015-504-E DEAPR - MdM Historical Consultants for Hester House Historic Landmark Report DocuSign Envelope ID: 7ECOBODA-5F42-4CD3-9043-69FB256E982F [Departmental Use Only] TITLE Hester House Landmark FY 2015-16 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT,made and entered into this 1St day of September,2015, ("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"), parry of the first part; and MdM Historical Consultants (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 Hester House, 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 Sept. 1,2015 to Jan. 31,2016. 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,I 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 Five Hundred, ($1,500). 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 contractor 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 10/14 1 DocuSign Envelope ID: 7ECOBODA-5F42-4CD3-9043-69FB256E982F 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 bttp:Horan ecogti ync.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 and Signatures:_ 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. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article IIA and Article 40 of North Carolina General Statute Chapter 66. 8. Priori : In determining the basic services to be provided, should any documents be referenced in or attached to 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. 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County,North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 11. 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 10/14 2 DocuSign Envelope ID: 7ECOBODA-5F42-4CD3-9043-69FB256E982F IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER [—�DOCUSIgned by: 5zzned by: By: OV�,l�ttf C1A,wt�M@i 015 By: 'r ftay'EUn9/8/2015 Coun 5E477.._ 2002B6D21358426... 200 S. Cameron St. MdM Historical Consultants P.O. Box 8181 PO Box 1399 Hillsborough,NC 27278 Durham,NC 27702 Revised 10/14 3 DocuSign Envelope ID: 7ECOBODA-5F42-4CD3-9043-69FB256E982F 1 Attachment 1: Landmark Report for Hester House Scope of Work and Payment Schedule Contract Purpose: The Provider will prepare a complete Orange County Local Historic Landmark Designation Report for the Nicholas Corbett Hester House, located at 9501 NC 86 North, Cedar Grove, NC, 27231. 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 Nicholas Corbett Hester House be designated as an official Orange County Local Historic Landmark. Project Scope: The Provider will perform the following work items: 1. 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 2. make appropriate edits and revisions as directed by staff review comments 3. DEAPR staff will present revised draft 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) 4. make edits and revisions as recommended by the SHPO and submit a final draft of the report to DEAPR staff Contract Period: September 1, 2015 to January 31, 2016, as follows: Submittal/task Completion Dates Payments Fieldwork and draft Part 2 report for DEAPR staff October 10, 2015 $1000.00 Review Final Part 2 report with revisions as per SHPO October 30, 2015 $500.00 Total of payments to Provider $1,500.00 DocuSign Envelope ID: 7ECOBODA-5F42-4CD3-9043-69FB256E982F OP ID:C1 ACORO' DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 10/23/2014 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 Lee-Moore Insurance Agency Inc NAME- PHONE FAX P.O.Box 667 A/C No Ext: Arc No: West End,NC 27376 E-MAIL Christopher Stephenson ADDRESS: PRODUCER MDMHI-1 CUSTOMER ID#: INSURER(S)AFFORDING COVERAGE NAIC# INSURED MDM Historical Consultants,In INSURER A:Hartford Insurance 14397 Cynthia de Miranda PO Box 1399 INSURERS: Durham,NC 27705 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. ILTR TYPE OF INSURANCE DDL UBR POLICY NUMBER MMfDDY EFF MMIMIDDI EXP LIMITS GENERAL UABILI Y EACHOCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY X 22SBMVE4769 09/25/2014 09/25/2015 PREMISES Ea occunence $ 300,00 CLAIMS-MADE 7 OCCUR MED EXP(Any one person) $ 10,00 PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'LAGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/DPAGG $ 2,000,00 POLICY PE° F LOC Emp Ben. $ 5,00 AUTOMOBILE UA13RM COMBINED SINGLE LIMIT $ 100,00 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIREDAUTOS 22SBMVE4769 09/25/2014 09/25/2015 (PER ACCIDENT) $ X NON-OWNEDAUTOS 22SBMVE4769 09/25/2014 09/25/2015 $ $ UMBRELLA UAB HOCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION NC STATU- TI-� AND EMPLOYERS'LIABILITY YIN TORY UMiTS ER ANY PROPRIETOR/PARTNER/EXECU-nVE EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ NIA — (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under —' DESCRIPTION OF OPERATIONS below E DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 1 D1,Additional Remarks Schedule,it more space is required) Natural and Cultural Resources Division, Support Services Division 306A Revere Rd. Etillsborough, NC 27278 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Natural and Cultural Resources THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Division,Support Services Division 306A Revere Rd. AUTHORIZED REPRESENTATIVE Christopher Stephenson Hillsborough, NC 27278 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD