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Home My WebLink About2020-245-E DEAPR - Laura Phillips Quaker Cemetery historic research DocuSign Envelope ID: 1DC97074-B7F4-474F-9667-128FC11EC6AA [Departmental Use Only] TITLE Quaker Cem Landmark FY 2019-20 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLI NA THIS AGREEMENT, made and entered into this 20th day of March, 2020, ("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 Laura A. W. Phillips (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 and/or construction (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 Eno Quaker Cemetery, including initial draft and final draft, with photographs and required documentation, as detailed in Attachment 1: "Scope of Work and Payment Schedule." The term of this agreement rendered shall be from March 20,2020 to March 31,2021. 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 (as determined by the County) performed in accord with this Agreement. The amount to be paid by the County shall not exceed Two Thousand Seven Hundred and Fifty Dollars, ($2,750.00). 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 11/19 1 DocuSign Envelope ID: lDC97074-B7F4-474F-9667-128FC11EC6AA 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 County's Fisk 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 httr):Y/www.o ra n ecountync.gov/depa rtme nts urc has in division contracts. h ). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here (if no additional insurance required mark NIA as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 5. Indemni : To the extent authorized by North Carolina law the Provider agrees, without limitation, 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 in carrying out Provider's duties and obligations related to the Services to be provided in this Agreement. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 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. County may suspend this Agreement upon reasonable notice to Provider. I 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. Modifications may be evidenced by telefacsimile signature. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Priority: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and Orange County. 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 state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Non- Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecouniync. og v/del2artments/purebasing division/contracts.php.). Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified,and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 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. Revised 11119 2 DocuSign Envelope ID: 1DC97074-B7F4-474F-9667-128FC11EC6AA 9. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. If such mediation fails either party may initiate litigation to resolve the dispute. 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. 1.0. 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. IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE COUNTY PROVIDER DocuSigned by: DocuSigned by: By: SfaVud� 4/7/2020 By; �Wj&423/2020 D 811CFA1D507A495... Title. 50C340E7FEOME&.. 200 S. Cameron St. Laura A.W.Phillips(sole proprietor) P.O. Box 8181 59 Park Boulevard Hillsborough,NC 27278 Winston-Salem,NC 27127 Revised 11/19 3 DocuSign Envelope ID: 1DC97074-B7F4-474F-9667-128FC11EC6AA 1 Attachment 1: Landmark Report for Eno Quaker Cemetery Scope of Work and Payment Schedule Contract Purpose: The Provider will prepare a complete Orange County Local Historic Landmark Designation Report for the Eno Quaker Cemetery, located on the west side of NC 57, Hillsborough, NC, 27278 (PIN: 9876100265). 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). 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 and supporting documentation. 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 The County/DEAPR staff will provide any maps and plan drawings required for this report. Contract Period: Marco 20, 2020 to March 31, 2021, as follows: Submittal/task Completion Dates Payments Fieldwork and draft Part 2 report for DEAPR staff June 30, 2020 $2,250.00 Review Final Part 2 report with revisions as per SHPO December, 2020 $500.00 Total of payments to Provider $2,750.00 pbs: 3-20-20 DocuSign Envelope ID: 1DC97074-B7F4-474F-9667-128FC11EC6AA -q� ►�° CERTIFICATE OF LIABILITY INSURANCE [DATE(MMIDONM) 0811 2/20 1 9 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE❑DES 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(les) must be endorsed. If SUBROGATIONIS 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 USAA INSURANCE AGENCY INCIPHS NAMEO PHONE (888)242-1430 Fax (888)443-6112 65812846 (AC,No,Eat}: (AC,No): The Hartford Business Service Center 3600 Wiseman Blvd E-MAIL San Antonio,TX 78265 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIL# INSURED INSURER A: Hartford Casualty Insurance Company 29424 LAURA A.W.PHILLIPS INSURERS: 59 PARK BLVO INSURER c WINSTON SALEM NC 27127-2000 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.NOTWTHSTANDING 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 TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICYEXP LIMITS COMMERCIAL GENERAL LIABILITY EACHOCCURRENCE $1,000,000 CLAIMS-MADEFx1OCCUR DAMAGE TO RENTED $300,000 PREMISES Ma-omunpcel X General Liability MED EXP(Any one person) $10.000 A X 65 SBA NNO653 09110/2019 09110/2020 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY❑JEC- F]LOC PRODUCTS•COMPIOPAGG $2,o00,000 OTHER: AUTOMOBILE LIABILITY COM81NED SINGLE LIMIT $1,000,000 ANY AUTO BODILY INJURY(Per parson) A ALL OVNJED SCHEDULED 85 SBA NN0653 09/10/2019 09/10/2020 BODILY INJURY(Peraccidant) AUTOS AUTOS LiIREO NON-OWNED PROPERTY DAMAGE X AUTOS X AUTOS (Per accident) UMBRELLA LIAR HOCCUR EACH OCCURRENCE EXCESS LAB CLAIMS- AGGREGATE MADE ED RETENTION$ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY A T ANY YIN E.L.EACH ACCIDENT PROPRIETORIPARTNEWEXECUTI VE OFFICERIMEMBER EXCLUDED? NIA E.L.DISEASE-EA EMPLOYEE (Mandatary In NH) If yes,desrribe udder E.L DISEASE-POLICY LIMIT DESCRIPTION OFOPERATIONS below A EMPLOYMENT PRACTICES 65 SBA NN0653 09/10/2019 09/10/2020 Each Claim Limit $5,000 LIABILITY Aggregate Limit $5,000 DESCRIPTION OF OPERATIONS ILOCA77ONS I VEHICLES(ACORD 1a1,Additional Remarks Schedule,may he attached If more space Is required) Those usual to the Insured's Operations.Certificate holder is an additional insured per the Business Liability Coverage Form SS0008 attached to this policy. CERTIFICATE HOLDER CANCELLATION Orange County Dept of Environment, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Agriculture,Parks&Recreation BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED PO BOX 8181 IN ACCORDANCE WITH THE POLICY PROVISIONS. HILLSBOROUGH NC 27278-8181 AUTHORIZED REPRESENTATIVE 01988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 1DC97074-B7F4-474F-9667-128FC11EC6AA DAT-�► �° CERTIFICATE OF LIABILITY INSURANCE 81�212fl°`g' 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 SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy,certain poi lcies 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 USAA INSURANCE AGENCY IN0PHS 85812846 PHONE (866)467-8730 FAX (877)905-2772 (AIC,No,Ext): IAIC,Noi: The Hartford Business Service Center 3600 Wiseman Blvd E-MAIL San Antonio,TX 78265 ADDRESS: INSURER(S)AFFORDING COVERAGE NAICN INSURED INSURERA: Continental Casualty Co. LAURA A.W.PHILLIPS INSURER B 59 PARK BLVD WINSTON SALEM NC 27127-2000 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 C LA IMS- INSR TYPE OF INSURANCE APOL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS I COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS-MADE❑OCCUR DAMAGE TO RENTED PgrMlZga(Ea gcgj=cel MED EXP(Anyone parson) PERSONAL&ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE POLICY❑JE O- ❑LOC PRODUCTS-COMPMP AGO OTHER' AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT B ANY AUTO BODILY INJURY(Per pemony ALL OWNED SCHEDULED - BODILY INJURY(Par accident] AUTOS AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS AUTOS (PeraCodan* UMBRELLA LIAR OCCUR EACH OCCURRENCE EXCESS LIAR CLAIMS- MADE AGGREGATE OED RETENTION$ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY I STATUTE ANY YIN E.L.EACH ACCIDENT PROPRIETORIPARTNERIEXECUTIVE NI A OFFICERIMEMSER EXCLUDED? E-L.DISEASE-EA EMPLOYEE (Mandatory In NHI If yes,describe under E.L.DISEASE-POLICY LIMIT iQ6SCRIPTION F OPERATIONS below Professional Liability Each Claim $1,000,000 A B51992713 05101/2019 05/01/2020 Aggregate " 000,000 DESCR(PTION OF OPERATIONS/LOCA77ONSI VEHICL,FS(ACORD 101,AddItlonal Remarks Schedule,may be attached If more space is required) Those usual to the Insured's Operations.Certificate holder is an additional insured per the Business Liability Coverage Form SS0008 attached to this policy. CERTIFICATE HOLDER CANCELLATION Orange County Dept of Environment, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Agriculture,Parks&Recreation BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED PO BOX 8181 IN ACCORDANCE WITH THE POLICY PROVISIONS, HILLSBOROUGH NC 27278-8181 AUTHORIZED REPRESENTATIVE Q 1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD