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Home My WebLink About2014-270 DEAPR - Coulter, Jewell, Thames PA for Topo Survey $12,000 IV -2 �o [Departmental Use Only] TITLE New Hope Creek Preserve-Hollow Rock Access Area(Parking Lot) FY 2014 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this day of 20 ("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 Coulter, Jewell ,Thames, PA (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: Topographic survey work and possible future storm water permitting servies for the future parking lot at the Hollow Rock Access Area off Erwin Rd (PIN# 0801014625). Note: storm water permit requirement will be based on results of topograhic suvey. The term of this agreement rendered shall be from June 2,2014 to June 1, 2015. 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 twelve Thousand dollars,($12,000). 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 I 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 coun nc.gov/purchasing/contracts.asy). 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. Indemni : 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 r IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE UN PROVIDER 17 By: By: �t�s�f✓4 h.l fS ��/�/ /� CqyfintyrffLa&r Title: Ogee 200 S. Cameron St. P.O. BOX 8181 Hillsborough,NC 27278 This instrument ha ee approved as to technical content. David Stancil, Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. 04e'� J A, Office of the Chief Financial Officer This ins ment en approved as to form and legal sufficiency. O e of t e County Attorney Revised 9/13 3 Coulterijewell Thames , PA 111 WEST MAIN STREET DURHAM, NORTH CAROLINA 27701 p919.682.0368 019.688.5646 P l a n n i n g t O r t h e - U t u r e LETTER OF PROPOSAL Made this 9th day of May,2014 To the Client Orange County Department of Environment Agriculture Parks and Recreation 306A Revere Road Hillsborough,NC 27278 Attn:Marabeth Gaige Carr,ASLA By the Site Consultant Coulter Jewell Thames,PA 111 W.Main Street Durham,NC 27701 For Site Consulting Services relative to land surveying at the future Hollow Rock Access Area in Orange County,NC(PIN.0801014625). Scope of Basic Services: The Consultant proposes to provide the following basic services L Site Surveying A. Partial Topographic Survey at the above referenced parcel in highlighted area(see Exhibit) including boundary&right of way lines,easements,visible utilities,guy wires and utilities marked by NC811, 1' contours,trees 8"caliper and above as well as dogwood(see Exhibit) and Duke Forest entrance(see Exhibit) Deliverable to be an electronic map in AutoCAD 2002 or greater by July 31,2014. Client Responsibilities: The Site Consultant shall be allowed access to the site as necessary to perform the work. The Client shall be responsible for any and all permit,review,re-review and application fees.The Client shall keep the Site Consultant apprised of all relevant information,which could affect the work. The Client shall also be responsible for any fees charged by utility locating services. Compensation: Compensation for basic services as outlined in the above scope of work will be provided for the stipulated sum listed below plus normal reimbursable expenses as listed in the attached schedule. Task 1:Site Surveying 3�.2t)L 0.00 STANDARD HOURLY RATES Representation at Public Meetings(Dan Jewell) $150 Principal Engineer/Landscape Architect $140 Principal Land Surveyor $140 Professional Engineer/Landscape Architect $125 Professional Land Surveyor $125 Associate Engineer/Landscape Architect $95 CAD Draftsman/intern $80 Clerical $35 2 person Survey Crew $125 1 person Survey Crew $95 *Rates subject to change one year after date of agreement STANDARD REIMBURSIBLE EXPENSES Blueprints $1.50 1sheet Mylar Sepias $10.001sheet Photocopies $0.10/page Out of Town Mileage $0.55/mile Plotting $10.001sheet Postage,Express Mail cost Long Distance Phone cost Film and Photo processing cost Out of Town Travel Expenses cost Billing and Payment: The Site Consultant shall bill the Client monthly for the percentage of work completed since the previous invoice.Payment shall be due within 30 days from the date of the Invoice.Invoices more than 45 days past due shall accrue interest penalties of I%per month. Respectfully submitted this 9'day of May,2014 For the Site Consultant Coulter Jewell T mes,P.A. ► t �► *Jeffrep. 11iams,PLS Vice President OP ID: LH ACORN" CERTIFICATE OF LIABILITY INSURANCE DATE(MM27ID IDD/YYYY) 05/ 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 Phone:919-682-4814 NAME:c' Lee Hammond The Sorgi Insurance Agency PH ONE FAX 16 Consultant Place Suite 102 Fax:919-682-4906 AIC No El l:919-682-4814 /vc No): Durham,NC 27707 E MAIL James E.Sorg!,CIC PRODU- CE Lee@sorgiinsurance.com R CUSTOMER ID#:COULJEW INSURERS AFFORDING COVERAGE NAIC# INSURED Coulter Jewell Thames, PA INSURER A:Erie Insurance Exchange 26271 PO Box 912 INSURER B:Lloyd's of London Durham,NC 27702 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 SEEN 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 TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP 1 LIMITS LTR 1 POLICY NUMBER MM/DDIYYYY MM/DD/YYYY GENERAL LIABILITY - I EACH OCCURRENCE $ 2,000,00 A X COMMERCIAL GENERAL LIABILITY X 'Q470191663 1', 11/01/2013111/01/2014 rpREMISES Ea occurrence) $ 2,000,00 CLAIMS-MADE I OCCUR '.. 1 MED EXP(Any one parson) $ 5,00( PERSONAL&ADV INJURY $ 2,000,00 GENERAL AGGREGATE $ 4,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 4,000,00 POLICY PRO- F7 LOC $ AUTOMOBILE LIABILITY ', COMBINED SINGLE LIMIT $ 1,000,00 (Ea accident) A ANY AUTO '.. 1I, BODILY INJURY(Per person) $ ALL OWNED AUTOS 1 BODILY X SCHEDULED AUTOS 1Q110131551 1 11/01/2013 11/01 12014 PROPS INJURY(Peraccident) $ PROPERTY DAMAGE $ X HIRED AUTOS IQ110131551 1 11/01/2013 11/01/20141 (Per accident) X NON-OWNED AUTOS Q110131551 11101/2013111/01/2014 $ A X Uninsured !Q110131551 11/01/20131 11/01/2014! $ X I UMBRELLA LIAB X OCCUR ! EACH OCCURRENCE $ 1,000,00 ! EXCESS LIAB CLAIMS-MADE'. AGGREGATE $ 1,000,00 A Q350971221 11/01/2013 11/01/2014 Excludes $ DEDUCTIBLE RETENTION $ Prof Liab $ WORKERS COMPENSATION X I WCR STATU- OTR- AND EMPLOYERS'LIABILITY Y/N TS A I ANY PROPRIETOR/PARTNER/EXECUTIVE NIA ;Q950102272 11/O1/2013 11/O1/2014 E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 500,00 If es,describe under DESCRIPTION OF OPERATIONS below ' E.L.DISEASE-POLICY LIMIT $ 500,00 B Professional Liab PGIARK02903-01 06127/2014105/27/2015 iEa Claim 1,000,00 !Aggregate 2,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) New Hope Creek Preserve - Hollow Rock Access Area Oran a Co. Dept of Environment, Agriculture, Parks & Recreation is an additional insured as respects general liability arising from the insured's operations. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange Co Dept.of Environment ACCORDANCE WITH THE POLICY PROVISIONS. Agriculture,Parks&Rec Attn: Marabeth Carr AUTHORIZED REPRESENTATIVE PO Box 8181 Hillsborough,NC 27278 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD T Erie CERTIFICATE OF INSURANCE �.� Insurances -THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY- 100 Erie Ins.PI. • Erie,PA 16530 NAME AND NUMBER OF AGENCY DATE ISSUED THE SORGI INSURANCE AGENCY INC JJ1095 05/27/2014 NAME AND ADDRESS OF CERTIFICATE HOLDER NAME AND ADDRESS OF NAMED INSURED ORANGE CO DEPT OF ENVIRONMENT COULTER JEWELL THAMES PA AGRICULTURE, PARKS & REC PO BOX 912 ATTN: MARABETH CARR DURHAM NC 27702-0912 PO BOX 8181 ''a HILLSBOROUGH ND 27278 66703595 JJ1089 This is to certify that policies,as indicated by Policy Number below,are in force for the Named Insured at the time that the certificate is being issued. GENERAL LIABILITY Q470191663 11/01/2013 11/01/2014 EACH OCCURRENCE $2,000,000 COMMERCIAL GENERAL LIABILITY FIRE DAMAGE $2,000,000 OCCURRENCE FORM (Any one premises) GEN'L AGGREGATE LIMIT APPLIES PER:POLICY MED EXP(any one person) $5,000 PERSONAL&ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000,000 ADDITIONAL INSURED PRODUCTS COMP/OPAGG $4,000,000 BODILY INJURY $ (EACH PERSON) BODILY INJURY $ (EACH ACCIDENT) PROPERTY DAMAGE $ BODILY INJURY AND $ PROPERTY DAMAGE COMBINED EACH OCCURRENCE AGGREGATE STATUTORY BODILY ACCIDENT $ EACHACCIDENT INJURY DISEASE $ POLICY LIMIT BY DISEASE $ EACH EMPLOYEE OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CANCELLATION:SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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). THIS CERTIFICATE IS ISSUED FOR INFORMATION PURPOSES ONLY Erie Insurance Exchange AND CONFERS NO RIGHTS ON THE CERTIFICATE HOLDER.IT DOES NOT AFFIRMATIVELY OR NEGATIVELY LIST,AMEND,EXTEND,OR OTHERWISE ALTER THE TERMS,EXCLUSIONS AND CONDITIONS OF INSURANCE COVERAGE CONTAINED IN THE POLICY(IES)INDICATED ABOVE.THE TERMS AND CONDITIONS OF THE POLICY(IES)GOVERN THE INSURANCE COVERAGE AS APPLIED TO ANY GIVEN SITUATION. LIMITS SHOWN MAY HAVE BEEN REDUCED BY CLAIMS PAID.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT AUTHORIZED Adul BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE REPRESENTATIVE OR PRODUCER AND CERTIFICATE HOLDER. OF-1568 08/11 1,fir . COMPLETE NAME AND ADDRESS OF ADDITIONAL INSURED Orange Co.Dept.of Environment,Agriculture,Parks&Recreation Attn: Marabeth Carr PO Box 8181 Hillsborough ND 27278 JOBS SPECIAL ENDORSEMENTSMORDING