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Home My WebLink About2015-586-E AMS - Riley Surveying, P.A. - Detention Facility field survey DocuSign Envelope ID:8FF17345-E070-4A5A-B069-2974E2219CD3 [Departmental Use Only] TITLE Detention Facility Survey FY 2016 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 28th day of October, 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"), party of the first part; and Riley Surveying, P.A. (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: provide surveying services for the proposed new Orange County Detention Facility, as outlined in the attached proposal dated October 21, 2015 and the initial site survey request. The term of this agreement rendered shall be from October 22,2015 to April 22,2016. 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, 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 I. Pam: 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 nine thousand seven hundred dollars, ($9,700). 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. 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 10/14 1 000uSign Envelope ID:nFF1rn4n so70-4A5A'on6e-2e74E221eoo3 be required by Owner's Risk Manager as such insurance requirements are described inthe Orange County Risk Transfer Policy and Orange County Minimum lnooronoo Coverage Requirements (000b document is incorporated herein bv reference and may bo viewed o1 . If Owner's Risk Manager dotooninoo additional inoorouoo coverage is required such additional inoorouoo oboD consist of N/A (if no additional inoorouoo required nnodk N/A as being not applicable). Provider shall not commence work until such insurance is in effect and oodiGoodon thereof has been received by the Owner's Risk Manager. 5. : The Provider ogr000 to defend, indemnify, and bold borml000 Orange County from all losses, liabilities, oloinno, demands, suits, costs, doznogoo or oxpon000 (including reasonable o1hurnoy'o 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 ofthe Provider. (i Termination: This Agreement may bo toonino1od at any time bv mutual written ogroonnont of the parties orbv the County upon written notice to the Provider. 7' Entire Agreement and Signatures: The podioo have rood this Agreement and agree to be bound bv all of its terms, and further agree that h constitutes the complete and exclusive statement ofthe Agreement between the ponioo onl000 and until modified in vrddng 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 9onioo to comply with Article ||A and Article 40 of North Carolina General Stobdo Chapter 66. 8. Priorit : In determining the basic oorvi000 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\ Both parties agree that this Agreement shall bo governed bvthe laws of the State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation oboD be initiated in the {]ononU Coon of Justice of North Carolina 0001od in Orange County, North Carolina. Provider shall o1 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 hu enforce, interpret, or seek damages with respect to any provision o[ or the podoononoo or non-performance o[ this Agreement shall be brought in the {]onorol Court ofJustice of North Carolina sitting in Orange County, North Carolina. It is agreed bvthe pordoo that no other 000d shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the 9odioo may agree to nonbinding mediation of any dispute prior to the bringing of such suit oraction. |i Non Appropriation: Provider acknowledges that County is ogovonunontol 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 toCounty immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. [SIGNATURE PAGE TO FOLLOW] Revised 10/14 DocuSign Envelope ID:8FF17345-E070-4A5A-B069-2974E2219CD3 IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORANGF�CUNTY PROVIDER ocu Igoe by 0 Signed by: By: i�6VUL it, ( aMmtysb-, By: EP�,I'Ur COUn p¢�7994H75f47T- B1 D3297F87A34A6... 200 S. Cameron St. Riley Surveying,P.A. P.O. Box 8181 3326 Durham Chapel Hill Blvd,. Suite B-100 Hillsborough,NC 27278 Durham,NC 27707 Revised 10/14 3 DocuSign Envelope ID:8FF17345-E070-4A5A-B069-2974E2219CD3 Riley Surveying, P.A. 3326 Durham Chapel Hill Blvd. Suite B-100 Durham North Carolina 27707 AN AGREEMENT FOR THE PROVISION OF LIMITED PROFESSIONAL SERVICE DATE: October 21, 2015 CLIENT: Orange County—Asset Management Services PO Box 8181 Hillsborough, NC 27278 Attention: Gordon Dively, P.E. —Capital Projects Manager PROJECT NAME/LOCATION: Orange County Detention Center Topographic Survey Hillsborough, NC SCOPE AND EXTENT OF SERVICES: Deed research, field measurements, computations and drafting necessary perform a Topographic Survey of the proposed Lease Area and environs comprising 12.5+ acres as shown on sketch provided by Client which accurately depicts all the data as described by Civil Consultants in"Initial Site Survey Request" . Fixed Fee: $9,700.00 Special Provisions- 1)We are prepared to begin fieldwork within 12 days of notice to proceed to allow time for the marking of underground utilities.Please allow 2-3 weeks hence for completion and delivery of Survey,weather permitting. 2) Underground utilities will be surveyed and mapped only as marked by others. 3) Boundary survey of the 36+acre parcel is not a part of this Agreement. 4) Fee assumes the lease area is currently laid out on the ground. The Terms and Conditions on the following page(s) shall govern this Agreement. CLIENT SURVEYOR P W. Authorized Signature Phillip W. Riley, PLS, President Phone—(919)667-0742 philr@rileysurveyingpa.com NC Film License C-1281 DocuSign Envelope ID:8FF17345-E070-4A5A-B069-2974E2219CD3 RILEY SURVEYING,P.A. STANDARD TERMS AND CONDITIONS -2015 Riley Surveying,P.A.hereinafter called the Firm,will perform the services outlined in this agreement for the stated fee. This proposal of Agreement is valid for a period of 10 days from the date issued. Access to Site: Unless otherwise stated,the Firm will have access to the site for activities necessary for the performance of the services. The firm will take precautions to minimize damage due to these activities, but has not included in the fee the cost of restoration of any resulting damage. Fee: The total fee,unless stated,shall be understood to be an estimate. Where the fee arrangement is to be on an hourly basis,the rates shall be those that prevail at the time services are rendered. Current rates are as follows: Principal PLS $135.00 PLSII $125.00 1-man w/robotics/GPS $155.00 CADD Tech $95.00 2-man w/robotics $180.00 Survey Tech $85.00 2-man Survey Crew $155.00 Clerical $50.00 Reimbursables(copies,prints,stakes,sub-consultant fees,mileage,plat application fees,etc.)shall be invoiced at cost plus 10%.Missing property corners shall be replaced at an additional cost of$100 ea. Billings/Payments: Invoices for the Firm's services shall be submitted,at the Firm's option,either upon completion of such services or on a monthly basis. Invoices shall be payable upon receipt; a 2%discount may be applied to invoices paid within ten days from date of invoice. If the invoice is not paid within 30 days,the Firm may,without waiving any claim or right against the Client,and without liability whatsoever to the Client,terminate the performance of the service. Retainers shall be credited on the final invoice. There shall be no retainage amount held on any amount invoiced.Monies due paid by credit card will incur a 3%convenience surcharge. Late Payments: Accounts unpaid 30 days after the invoice date are subject to a monthly service charge of 1.5%on the then unpaid balance(18.0%true annual rate),at the sole election of the Firm. In the event any portion or all of an account remains unpaid 60 days after billing,the Client shall pay all costs of collection,including reasonable attorney's fees. Termination of Services: This agreement may be terminated by the Client or the Firm should the other fail to perform its obligation hereunder. In the event of termination,the Client shall pay the Firm for all services rendered to the date of termination,all reimbursable expenses,and reimbursable termination expenses. Construction Costs: Responsibility for construction costs will be in accordance with Article 5 of AIA Document B 141. Ownership Documents: All documents produced by the Firm under this agreement shall remain the property of the Firm and may not be used by the Client for any other endeavor without the written consent of the Firm. Applicable Laws: Unless otherwise specified,this agreement shall be governed by the laws of the State of North Carolina. Underground Utilities: Unless underground utilities are marked by a utilitv locating sub- consultant,the Firm will endeavor to have underground utilities marked by contacting 811 should the client so direct. If 811 or other utilitv locator marks or has marked any utilities, any mapping of said utilities should be considered as approximate location only. The Firm shall not be held liable for anv markings or lack of markings by utility locators. DocuSign Envelope ID:8FF17345-E070-4A5A-B069-2974E2219CD3 ta V 1..11... .o�. n. .o�. IL...AMUp Ilk III=VE II 0II*III IE IIW"II'." C0IIW S II A,III"II"'S INITIAL SITE SURVEY REQUEST Project: Orange County Detention Center Location: East side of S. Churton St., South of 1-85 in Hillsborough, NC Parcel#: Lease Parcel taken from Orange County PIN 9873080559 Acreage: 6.8+/-Ac. Description of Item to be Provided General Provide necessary research, coordination, field work, computations, and mapping Horizontal datum shall be NAD 83 Vertical datum shall be NAVD 88 Survey Area Provide survey work and mapping for the"Survey Area"shown at right, unless indicated otherwise: Boundary Survey Exterior boundary of the lease premises Identify all easements or restrictions, with references, found by typical records search Field determine right-of-way on opposite side of S. Churton St. (please advise if this is problematic) Site Features Within the Survey Area, provide field location of the following (or similar) items: Buildings, structures, shelters, patios Pavement, gravel, curb cuts, parking areas, walks, pads Extent of any other impervious surface on the lease parcel Fences, decorative features, landscape beds Signs, posts, light poles, utility poles Traffic lanes, other pavement markings, cross walks, handicap ramps, traffic signal loops Intersections, driveways, curb cuts Approximate edge of tree canopy line for wooded areas Location, species, and size of all Canopy Trees as described at right below Any obvious or suspected burial area, dump site, spill area DocuSign Envelope ID:8FF17345-E070-4A5A-B069-2974E2219CD3 Utilities Contact the One Call service and order a general utility location for the site Contact Hillsborough (Will Baker, 732-9459) and order field location of water mains (12" and 16") Locate all marked underground utilities and devices Locate all visible above-ground utilities and devices, poles, and guy wires Locate any underground tank riser or lid, and any apparent onsite wastewater system Locate any water supply well or groundwater monitoring well Obtain elevation of all manhole rims, bottoms, and pipe inverts Obtain elevation of all sanitary cleanout rims and pipe inverts Identify any apparent underground utilities that have not been marked Estimate elevation of sag point in lowest overhead utility line opposite Cardinal Drive Drainage Provide field location and description of the following (or similar) items: Center line of water courses and swales Drainage piping, inlets, outlets, structures, endwalls, grates, etc. Rip rap aprons Provide elevations of all pipe inverts inside structures and at inlets and outlets Provide elevations of all drainage structure tops, flowlines, grates, and bottoms Identify all drainage pipe material and inside diameters, as practical Describe any observed impaired condition of structures or piping (filled with sediment, broken, etc.) Topography Generate TIN-based contours reflecting accurate grade breaks and vertical drops Surface topography represented by contour intervals of 2 feet(even numbers) Spot elevations sufficient to describe high and low points, transition points, etc. Elevations of curbs, curb cuts, ramps, steps, medians, etc. Ground elevations adjoining top and bottom of any retaining walls Locate and identify any observed surface rock outcroppings Mapping Provide appropriate mapping information per NC GS 47-30 Provide a legend of symbols, line types, etc. used on the map DocuSign Envelope ID:8FF17345-E070-4A5A-B069-2974E2219CD3 Deliverables Set and identify a durable vertical bench mark on the property Flag approximate side and rear limits of proposed leased premises Provide the following final work products: Signed, sealed hard copy of survey map(s) Electronic copy of mapping, data, and points in usable CAD (.dwg)format Electronic TIN data used to generate elevation contours CAD data grouped in layers by type or similarity Work that should be anticipated later Possible Minor Subdivision plat review by Hillsborough Possible additional roadway surveys for road widening Easement dedication plat for stormwater management device Possible right of way dedication associated with roadway improvements DocuSign Envelope ID:8FF17345-E070-4A5A-B069-2974E2219CD3 pfd l� 7 fJ 4"C"IhJTI°c€] NUI GRII 2Y 1&68` y 1 � s 87'26 03 L� 634.152 TOT AL p , tc> 1(I,O ii c)in hi lyres e Il hi u a - ml _ V i 2.? 6 3 BB' _ - CAR,, A,L r r N u, PROP05EF LFASE�OLID ! 5-30 AC. ...- Il uI r1ey aIIaO 5 °7 7 2 lhP 831 99' of � �,� Moil va DocuSign Envelope ID:8FF17345-E070-4A5A-B069-2974E2219CD3 Definition of"Canopy Tree"per Town of Hillsborough UDO: Any deciduous tree with at least ai 12" diameter measured at Ihr east height or non decidu.a ous tree with at least a 24"' diameter measured at breast height (4' from the ground I,- DocuSign Envelope ID:8FF17345-EO70-4A5A-BO69-2974E2219CD3 1 =TE HYYYYl CERTIFICATE OF LIABILITY INSURANCE (015 THIS CERTIFICATE IS ISSUED AS A MATTER, OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DRIES 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 endlOrsement(s). PRODUCER Greg Lo�aemrl, CPCU CONTACT gtan�E: reg Lopeunan ---.. _.- PHONE FAx State Farm ArISUl2nCe c No,Ext),919-933 7770 __ �A)C,hN1:919-933-7713... .. E-MAIL 104-B NC Hwy 4 W ADDRess:_Greg Lolaemar,NYSL @Statefarrn.c®m ` NAIC# C rCbQr13, NC 27510 INSURER(S)AFFORDING COVERAGE INSURER A:State Farm Fire and_Casualt-,.Com an .. 2.5143 INSURED INstIRER B:State Farm Mutual Automobile Insurance Company 251.78:......-.._ RILEY SURVEYING PA _ - STE 11OOB INSURERC: 3326 DURHAM, CHAPEL HILL BLVD INSURER D: DURHAM PAC 277017-2695 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. ..., AWL SUBR POLICY EF— F POO&E#P .............. --_ _..._._—. INTR TYPE OF INSURANCE LIMITS LTR IN R POLICY NUMBER MMtDOIYYYY. MMIDD1YYYY GENERAL LIABILITY ,"�-B x-64546- 02120f2'015 OZlZOI'2016 DITMAGGE TCF DENTED $-, _._._...._ 1 3047,Q00 A ._ COMMERCIAL GENERAL LIABILITY r?F2L"Pr�l'SES(Ea_Iaccur7ence)_ CLAIMS-MADE ersorr)OCCUR MED EXP(Any oa�e P $. 5,000 - PIERSONAL&ADVINIJURY $. 1,000,000 _.— _.. _ j { GENERAL AGGREGATE $ 2,000 000 GEN'L AGGREGATE LIMIT APPLIES PER: ? i:. PRODUCTS-COMP/OP AGG $ ., 2„000,000 I ..... ...._. ' `JC I POLICY 9-- l � LOO $ COMBINED SINGLE IJMI1 B AUTOMOBILE LIABILITY 071 9714-D30-33 10130/2015 04/30/2016 (Ea accrdent) ...... $ -__ _.._._._ 7 ANY AUTO 'BODILY INJURY IP�erperson) $ 500,000 'ALL OWNED .. SCHEDULED BODILY INJURY(Per accodent) � 500,000 AUTOS " AUTOS I .._._ PROPERTY DAMAGE ..,,,, NON OWN Peraccide(nt). $ 1..00O t9GREIJA'U'rOS AUTOS ' - ... �.. - i EXCESS LIAR 93-GM-1111-1 08110/2015 00110/2016 EACH OCCi RRENCL s 1,00 ,800 A ...._....UMBRELLA.LIAR >4 OCCUR �❑ I� AGGREGATB $ 1,000,000 CLAIMS MADE DIED RETENTION$ 10,000 $VVC A ANY PROPRIET)RrPARTNE NIA 93-B7G R�a72-$ 02d20ITQ15 O2f20P2016 T CID 'WORKERS COMPENSATION AND EMPLOYERS'LIABILITY RfEXEDUTI'4FE YIN E.L.EACH ACCIDENT $ 1,000,000 4?F,�•iCEfMEM®CR EXCI_UOEO? fl - .. (Mandatary in NH) j_-E.L.DISEASE-EA EMIRLO'YE- $ 1,000 000 If yes,describe under I ' 1,OQO,QOO p E.L.DISEASE-POLVCY LIMIT 1I DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Certificate Holder is fisted as additional insured on above referenced General Liability Policy CERTIFICATE HOLDER CANCELLATION Orange C�rtJflt SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE County THE EXPI T' N DATE THEREOF, NOTICE WILL BE DELIVERED IN PO 1OX$�7 ACCORDA CE TH THE POLICY PROVISIONS. Hillsborough, NC 27278 AUTHORIZED R RESFNTATIUE m A 9dlively0 arangiecountync- e��r 1,, I aq 07 1988-2010 ACORD CORD TION. All rights reserved. ACORD 25(2'010!'06) The ACORD name and logo are registered marls of ACORD 10011486 132849.6 11-15-2010