HomeMy WebLinkAbout2012-005 Planning - RS Jones & Associates Boundary Survey $11,850a o ~ Wit. od 5
NORTH CAROLINA
ORANGE COUNTY
~.
[Departmental Use Only]
TITLE O-A 9% Boundary
FY 2011-2012
SERVICES AGREEMENT UNDER $90,000.00
This Services Agreement (herinafter "Agreement"), made and entered into this 18 day of
January, 2012, ("Effective Date") by and between Orange County, North Carolina a body politic
and corporate of the State of North Carolina (hereinafter, the "County") and R.S. Jones &
Associates, Inc., (hereinafter, the "Provider").
WITNESSETH:
That the County and Provider, for the consideration herein named, do hereby agree as
follows:
1. Services
a. Scope of Work.
i) This Agreement is for services to be rendered by Provider to County with respect
to (' .Surveying
ii) By executing this Agreement, the 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.
iii) Time is of the essence with respect to this Agreement.
iv) The services to be performed under this Agreement consist of Basic Services, as
described and designated in Section 3 hereof. Compensation to the Provider for
Basic Services under this Agreement shall be as set forth herein.
2. Responsibilities of the Provider
a. Services to be ,provided. The Provider shall provide the County with all services
required in Section 3 to satisfactorily complete the Project within the time limitations set
forth herein and in accordance with the highest professional standards.
b. Standard of Care.
i) The Provider shall exercise reasonable care and diligence in performing services
under this Agreement in accordance with the highest generally accepted standards
of this type of Provider practice throughout the United States and in accordance
with applicable federal, state and local laws and regulations applicable to the
performance of these services. Provider is solely responsible for the professional
quality, accuracy and timely completion and/or submission of all work related to
the Basic Services.
Revised July 2010
ii) 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.
iii) The Provider shall not, except as otherwise provided for in this Agreement,
subcontract the performance of any work under this Agreement without prior
written permission of the County. No permission for subcontracting shall create,
between the County and the subcontractor, any contract or any other relationship.
iv) Provider is an independent contractor of County. Any and all employees of the
Provider engaged by the Provider in the performance of any work or services
required of the Provider under this Agreement, shall be considered employees or
agents of the Provider only and not of the County, and any and all claims that may
or might arise under any workers compensation or other law or contract on behalf
of said employees while so engaged shall be the sole obligation and responsibility
of the Provider.
v) Provider agrees that Provider, its employees, agents and its subcontractors, if any,
shall be required to comply with all federal, state and local antidiscrimination
laws, regulations and policies that relate to the performance of Provider's services
under this Agreement.
vi) If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Provider represents that it and/or its
employees, agents and subcontractors engaged in such activities possess such
licenses, certifications, or credentials and that such licenses certifications, or
credentials are current, active, and not in a state of suspension or revocation.
3. Basic Services
a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows
(fully describe services to be provided): 1) A survey of the Eliza Lane Area, a portion of
9th Street, and Village of the Oaks. 2) Final composite. map of provider's surveys as well
as surveys of additional areas by others for the Tanger, Mebane 8540, Arlington
Subdivision and Colligton Farms Subdivision to complete final 9% of Orange/Alamance
County line in accordance to NC general statutes and NC Geodetic survey county line
survey guidelines for recording in Orange Co., Alamance Co., and the State of NC. See
attached proposal from Bobby Jones.
4. Duration of Services
a. Term. The term of this Agreement shall be from 01/18/12 to 2/10/2012.
b. Scheduling of Services.
i) The Provider shall schedule and perform his activities in a timely manner.
ii) Should the County determine that the Provider is behind schedule, it may require
the Provider to expedite and accelerate his efforts, including providing additional
resources and working overtime, as necessary, to perform his services in
Revised July 2010
2
accordance with the approved project schedule at no additional cost to the
County.
iii) The Commencement Date for the Provider's Basic Services shall be 01/18/2012.
5. Compensation
a. Compensation for Basic Services. Compensation for Basic Services shall include all
compensation due the Provider from the County for all services under this Agreement
except for any authorized Reimbursable Expenses which are defined herein. The
maximum amount payable for Basic Services shall not exceed eleven thousand eight
hundred and fifty Dollars ($11,850.00). Payment for Basic Services shall become due
and payable within thirty (30) days of Provider properly invoicing County. Payment
shall be subject to provisions of Section 5(b).
b. Disputes. In the event the amount stated on an invoice is disputed by the County, the
County may withhold payment of all or a portion of the amount stated on an invoice
until the parties resolve the dispute. 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.
c. Additional Services. County shall not be responsible for costs related to any services in
addition to the Basic Services performed by Provider unless County requests such
additional services in writing and such additional services are evidenced by a written
amendment to this Agreement.
6. Responsibilities of the County
a. Cooperation and Coordination. The County has designated (Craig Benedict(245-
2592)Brian Carson(245-2595)) to act as the County's representative with respect to the
Project and shall have the authority to render decisions within guidelines established by
the County Manager and/or the County Board of Commissioners and shall be available
during working hours as often as may be reasonably required to render decisions and to
furnish information.
7. Insurance
a. General Requirements. The Provider shall purchase and maintain and shall cause each
of his subcontractors to purchase and maintain, during the period of performance of this
Agreement:
i) Worker's Compensation Insurance for protection from claims under workers' or
workmen's compensation acts;
ii) Comprehensive General Liability Insurance covering claims arising out of or
relating to bodily injury, including bodily injury, sickness, disease or death of any
of the Provider's employees or any other person and to real and personal property
including loss of use resulting thereof;
Revised July 2010
iii) Comprehensive Automobile Liability Insurance, including hired and non-owned
vehicles, if any, covering personal injury or death, and property damage; and
iv) Professional Liability Insurance, covering personal injury, bodily injury and
property damage and claims arising out of or related to the performance under this
.Agreement by the Provider or his agents, Providers and employees.
b. Insurance Rating. The minimum insurance rating for any company insuring the Provider
shall be Best's A. If the Provider does not meet the :insurance. requirements, the County's
Risk Manager must be consulted prior to finalizing this Agreement
c. Limits of Coverage. Minimum limits of insurance coverage shall be as follows:
INSURANCE DESCRIPTION MINIMUM REQUIRED COVERAGE
• Worker's Compensation Limits for Coverage A -Statutory State of N.C.
Coverage B -Employers Liability
$500,000 each accident and policy limit and disease each
employee
• Commercial General Liability $1,000,000 Each Occurrence; $2,000,000 Aggregate.
• Automobile Liability Combined Single Limit $500,000
• Professional Liability NOTE: Insert coverage limits required by Risk Manager if
applicable,
d. Additional Insured. All insurance policies (with the exception of Worker's
Compensation and Professional Liability) required under this Agreement shall name the
County as an additional insured party. Evidence of such insurance shall be furnished to
the County, together with evidence that each policy provides the County with not less
than thirty (30) days prior written notice of any cancellation, non-renewal or reduction
of coverage.
8. Indemnity
a. Indemnity. The Provider agrees to defend, indemnify and hold harmless the County
from all loss, liability, claims or expense, including attorney's fees, arising out of or
related to the Project and arising from bodily injury including death or property damage
to any person or persons caused in whole or in part by the negligence or misconduct of
the Provider except to the extent same are caused by the negligence or willful
misconduct of the County. It is the intent of this provision to require the Provider to
indemnify the County to the fullest extent permitted under North Carolina law.
9. Amendments to the Agreement
a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional
compensation or a change in duration of this Agreement shall be made by a written
Amendment to this Agreement executed by the County and the Provider. The Provider
Revised July 2010
shall proceed to perform the Services required by the Amendment only after receiving a
fully executed Amendment from the County.
10. Termination
a. Termination for Convenience of the County. This Agreement may be terminated without
cause by the County and for its convenience upon seven (7) days' prior written notice to
the Provider.
b. Other Termination. The Provider may terminate this Agreement based upon the County's
material breach of this Agreement; provided, the County has not taken all reasonable
actions to remedy the breach. The Provider shall give the County seven (7) days' prior
written notice of its intent to terminate this Agreement for cause.
c. Compensation After Termination.
i) In the event of termination, the Provider shall be paid that portion of the fees and
expenses that it has earned to the date of termination, less any costs or expenses
incurred or anticipated to be incurred by the County due to errors or omissions of
the Provider.
ii) Should this Agreement be terminated, the Provider shall deliver to the County
within seven (7) days, at no additional cost, all deliverables including any
electronic data or files relating to the Project.
d. Waiver. The payment of any sums by the County under this Agreement or the failure of
the County to require compliance by the Provider with any provisions of this Agreement
or the waiver by the County of any breach of this Agreement shall not constitute a
waiver of any claim for damages by the County for any breach of this Agreement or a
waiver of any other required compliance with this Agreement.
11. Additional Provisions
a. Limitation and Assis?mnent. The County and the Provider each bind themselves, their
successors, assigns and legal representatives to the terms of this Agreement. Neither the
County nor the Provider shall assign or transfer its interest in this Agreement without the
written consent of the other.
b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights
of respective parties hereunder shall be governed by the laws of the State of North
Carolina.
c. 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. The Parties may agree to
nonbinding mediation of any dispute prior to the bringing of such suit or action.
Revised July 2010
5
d. Entire Agreement. This Agreement represents the entire and integrated agreement
between the County and the Provider and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be amended
only by written instrument signed by both parties. Modifications may be evidenced by
facsimile signatures.
e. Severability. If any provision of this Agreement is held as a matter of law to be
unenforceable, the remainder of this Agreement shall be valid and binding upon the
Parties.
f. Ownership of Work Product. Should Provider's performance of this Agreement generate
documents, items or things that are specific to this Project such documents, items or
things shall become the property of the County and may be used on any other project
without additional compensation to the Provider. The use of the documents, items or
things by the County or by any person or entity for any purpose other than the Project as
set .forth in this Agreement shall be at the full risk of the County.
g. 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. It is expressly agreed that County
shall not activate this non-appropriation provision for its convenience or to circumvent
the requirements of this Agreement, but only as an emergency fiscal measure during a
substantial fiscal crisis.
In the event of a change in the County's statutory authority, mandate and/or mandated
functions, by state and/or federal legislative or regulatory action, which adversely affects
County's authority to continue its obligations under this Agreement, then this Agreement
shall automatically terminate without penalty to County upon written notice to Provider
of such limitation or change in County's legal authority.
h. Notices. Any notice required by this Agreement shall be in writing and delivered by
certified or registered mail, return receipt requested to the following:
Orange County
Attention:Craig Benedict
P.O. Box 8181
Hillsborough, NC 27278
Provider's Name
R.S. Jones & Associates, Inc.
121 West Clay Street-Suite A
Mebane, NC 27302
IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have
hereunder set their hands and seal, all as of the day and year first above written.
Revised July 2010
6
ORANGE COUNTY:
By:
PROVIDER:
By: \ %?~ o~-----
Printed Name and Title
This ins ent has been approved as to technical content.
Craig Be ict, Department Director
This instrument has been pre-audited in the manner required by the Local Government Budget
an//d~~Q~F//fiscal Control~Act.
~(GI~(,.~ /J. /,~
Office of the Finance Director
This ins ent has been approved as to form and legal sufficiency.
Office of the Co Attorney
Revised July 2010
ps, ~o~~s & PROPOSAL FOR SURVEYING SERVICES
,' ~ssoci,~;r~s. iNC,
____ _ _,
F~~p s~vE;xor?s
121 WEST CLAY STREET - SUITE A Proposal Date: 11/20/2011
MEBANE, NC 27302 Proposal #: 8350
Name:
Orange County Project:
Orange County
Description Total:
1.) County line relocation survey of portion of 9% remaining affecting the following properties: 8,650.00
-portion of North Orange subdivision on Eliza Lane
--Ninth Street properties including 110 & 114 north Ninth Street
---Village of the Oaks including 5801,5805,5819,5829 and open space on Acorn Knoll PI., 5901
Wilow Oak Dr., and 3338,3348,3337,3356 Scarlett Oak Lane
2.) Mapping in accordance to NC general statutes and NC Geodetic survey county line survey
guidelines for recording in Orange Co., Alamance Co., and the State of NC.
----- Work can begin right away and to be completed by December 20, 2011 (weather
permitting)
3.) Final composite map of our surveys as well as surveys of additional areas by others to
complete final 9% of Orange/Alamance County line in accordance to NC general statutes and
NC Geodetic survey county line survey guidelines for recording in Orange Co., Alamance Co.,
and the State of NC.
3,200.00
Total: $i i,sso.oo
Erie CERTIFICATE QF INSURANCE
(nSUI'anCG -THIS CERTIFICATE IS ISSUED A$ A MATTER OF INFORMATION ONLY -
Home Office • tOD Erie Insurance Place • Erie, Pennsylvania 16530 • 814.870.2000
Toll free 1.800.458.0811 • Fax 814.870.3126 • www.erfeinsurance.com
DATE ISSUED (MM/DD/YY)
1/13/12
NAMEANDADDRESS OF AGENCY CARL A WALKER INS AGENCY INC AGENT'S N0.
210 W CLAY ST JJ1117
MEBANE, NC 27302-2434 of p cab e
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NAME AND ADDRESS OF NAMED INSURED This certficate rs lasued for information w
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MEBANE
NC 27302 g
the insurance coverage as applied to any given aitsatlon. Umfta
, shown may have been reduced by clams paid. This certificate of
insnrance does not constitute a contract between the Issuing
Insurarls), authorised representative or producer and the
Is is th Ce Kies as n the P Number bebw are bl f~ the ed rtstt at th eertiiicalle holder.
e time that the Certlflcate Is bel ue
TYPE OF I E PODGY NllMBER
E 4~NERAI LIABIt.iTY .
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6/16/12
CoNNERgpLGelEwu.uAellm Q42 1690212 6/16/11 EACH OCCURRENCE 2 000 000
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^ CWMS MADE Q OCCU FIREDA6WGE OneFiro 2 000 000
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^ MED EXP One 5 000
^ PERSONAL&ADV.INJURY 2 000 000
GEN LAGGREGATELaNRAPPLIES GEIdg1ALAGGR~AiE 4,000,000
® POLICY ^ PpQECr ^ LOC PRODUCTS-COMP/OPAGG 4 000 000
E AUi0NI0811E LIABILITY
•ANypmp•~~l Q061630431 6/16111 6/16/12 ~ $
^ OWNED BODO.YINJURY
$
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PROPFAT1f DAMAGE S
NON-OWNED BOOILYMtJURYAND
GARAGE ~ ~ S 1,000,000
E ^ EXCESS LU-BIUTY
OCCURR Q30 1670212 6/16/11 I 6/16/12 EACHaf~REN 3 000 000
ENCE AGGREGATE 3 000 000
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90 2100491 6/21!11 ~ 6/2 t/12
EMPLOYERS LIABILITY Q ACgDENT S 500,000 EAgt ACCIDENT
ODILY
NJDIIY DISEASE S 500,000 POLICYUMti
BY DISEASE S 500,000 EACH EMPLOYEE
OTHER
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DESCRIPTION OF OPERATIONS/LOCAiIONSNEFNCtES/EXCWSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Orange County is an Additional Insured per CG2010 07/04
realr.Fr ~ nTmiv CWf1111 A A\IV ncTUe eern~e ncnnn.n~ ............._ __ _...__.. __ ______
---------• •-•-• •- ~~~ • ~~ ~ ~~~.+~~.~ u~a~n~ocu ruLltaW ut t:Klv~tLLtU BttUHE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIV-
ERED INACCORDANCE WITH THE POLICY PROVISIONS.
nnrvn~r~nr terms andreonditions of the policy ert8 nl poi c es~ aypequire an endo sementrA st t merit on~this cart ficate does no~confer
rights to the certificate holder fn lieu of such endorsement(s).
NAME AND ADDRESS OF CERTIFICATE HOLDER
ORANGE COUNTY
131 W MARGARET LANE
1'O BOX 8181
HILLSBOROUGH, NC 27278
AUTHORI REPRESENTATIVE,.
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Page 1011
Erie
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POLICY NUMBER: Q42-1690212
COMMERCIAL GENERAL LIABILITY
CG 20 10 (Ed. 7/04) OF-9665
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -
SCHEDULED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Additional Insured Person(s) Or Organization(s): Location(s) of Covered Operations.
ORANGE COUNTY
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II -Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to liability for "bodily injury", "property
damage" or "personal and advertising injury" caused,
in .whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insureds) at the location(s) designated
above.
B. With respect to the insurance afforded to these
additional insureds, the following additional exclu-
sions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or equip-
ment furnished in connection with such work,
on the project (other than service, maintenance
or repairs) to be performed by or on behalf of
the additional insureds) at the location of the
covered operations has been completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization other
than another contractor or subcontractor
engaged in performing operations for a principal
as a part of the same project.
Copyright ISO Properties, Inc., 2004