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HomeMy WebLinkAbout2016-185-E AMS - Riley Surveying, P.A. for SportsPlex fieldhouse boundary & TOPO survey DocuSign Envelope ID: 5547CB41-3596-4AF6-8A17-2B8F8A096240 [Departmental Use Only] TITLE SportsPlex Fieldhouse FY 2016 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 16th day of March, 2016, ("Effective Date") by and between Orange County, North Carolina, a political subdivision 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: boundary and topographic survey for Triangle SportsPlex Fieldhouse, as described in provisded proposal dated February 22, 2016. The term of this agreement rendered shall be from March 1, 2016 to July 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, 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. 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 four thousand four hundred dollars, ($4,400). 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 be required by County'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 Revised 1/16 1 DocuSign Envelope ID: 5547CB41-3596-4AF6-8A17-2B8F8A096240 incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of (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 County'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, its agents, or assigns directly or indirectly related to the Services to be performed pursuant to this Agreement 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. County may suspend this Agreement upon reasonable 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 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Priority: In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms of this Agreement shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of 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. By executing this Agreement Provider affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 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 1/16 2 DocuSign Envelope ID: 5547CB41-3596-4AF6-8A17-2B8F8A096240 IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER By 5 ocu5igne by. u0cubigned by: 6VUVUtt, C1mt,V'sbt By rpu Ab-� Coun YUMV P... Title. e 3 200 S. Cameron St. Riley Surveying,P.A. P.O. Box 8181 3326 Durham Chapel Hull Blvd, Ste B-100 Hillsborough,NC 27278 Durham,NC 27707 Revised 1/16 3 DocuSign Envelope ID: 5547CB41-3596-4AF6-8A17-2B8F8A096240 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: February 22, 2016 CLIENT: Orange County — Asset Management Services PO Box 8181 Ifillsbol-OLIgh, NC 27278 Attention: Jeff Thompson, PROJECTNAME/LOCATION: Orange County Sportsplex Fieldhouse Boundary & Topographic Survey Hillsborough, N(1 SCOPE, AND EXTF"NTOF SERVICES: Deed research, field measurements, computations and drafting necessary perfortna 13oundati,,&Topographic Survey of three lots and adjacent roadwaycon-iprising 3-+- acres acid frcanting on US 70 which will c(:)stain the following sctrvey data: I foot contour interval, all existing StrUCtUITS, tree lines, txccs having an 18" diameter& larger, dnivcways and all site improvements, overhead utilities and if marked, undergr(Alrid utilities, adjaccnt pavement of t.,'S 70 with spot elevations and any other observable features which ruay impact site design. Fixed Fee: $4,400.00 Special Provisions- 1)We are prepared to begitt fieldwork withiii 10 days of uotice to proceed io allow tinic for the triarkitig Of Utid •rgy(mild utilities;. Please allow one week heticc for completiou at-id delivery of Survev,weather perill'Ittlug. 2) Uxidergrowid utififies will be surveyed arid rnapped oilly a,,,-, marked bY offiers. The Terms and Conditions on the following page(s) shall govern this Agreement. CLIENT SURVEYOR .............. pj� tv• Authorized Sid azure Phillip W. Riley, PLS, President Phone—('1'19)6(17-0)742 X'Chrrn hanst,(:-12(11 Rag,c I rat "2 000wSigm Envelope ID:5547Co41`3580-4Ar0-8A17-208r8A080u40 RILEY SURVEYING, P.A. STANDARD TERMS AND CONDITIONS-2015 Riley Surveying,P.A. hereinafter called the Finu, will perform the services outlined in this ucyreemunbn the stated fee. This Proposal p[&�r emcutisvu]idforape�odoi}0daya6nmibed�e issued. Access toSite: Unless otherwise stated,the Firm will have access to the site for activities necessary for the perfnonuoccof the services. The firm will take precautions k`minimize damage clue tp these activities, but has not included iu the fee the cost o[restoration nf any resulting damage. Fee: The\u1a| fee, unless stated, e6a|l be understood to be uo estimate. Where the lee uouogemcot{stobe ooan hourly basis,the rates y6u|\ be those that prevail at the time services are rendered. Current rates are as follows: Priocipo| PLS $135.00 PL8TT $125.00 |-man w/ro6ozicsGP8 $l55.Oo C&UQTcch 595h0 2-man w/ro6oduy $\MOO Survey Tech $85.00 2-man Survey Crew $155.08 Clerical $58.00 Roimbmsubles(copies, prints, stakes, sub-consultant 6:ua, mileage, plat application fees, o1c1 shall be io voiced m1cost p|ua l896. S� -)rQ1jeny corners shall be rep aced at an additional cost of S 100 ea. Invoices for the F'irm's,services shall be submitted,at the Firm's option,either upon completion of such services orooa monthly basis. Invoices a6aU be payable upon receipt; u29&discount may be applied 10 invoices paid within ten days from date ufinvoice, |f the invoice is not paid within 30 days,the f-irrn may, without waiving-my claim or right against the Client,and without liability whatsoever tm the Client,tconioatc the performance v[thcservice, Retainers shall he credited ou the final invoice. There shall be no reruiouge amount held on any umwwot iwvoiced. Monies due paid by credit curd will incur a 3%convenience surcharge. Late Payments: Accounts unpaid 3O days ufterthe invoice date are subject /ou monthly service charge of).59&ou the then unpaid balance(l8.U96 true annual rm|c),mz the sole election uf the Firm, In the event any portion or all ofan account remains unpaid hO (lays after billing,the Client shall pay all costs of' cm|lcctioo, including reasonable attorney's b:ca. The Client shall indemnify and hold harmless the l'irm and all ofits personnel from and uguioytuny and all claims, damages, |wsaca and expenses(ioc|udiog reasonable attorney's fees)arising Out oforresulting from the performance of the set-vices,provided that any such claim, damage, loss or expense is caused in whole or in part by the negligent act, emission,and/or strict liability of the Client, anyone directly or indirectly employed bythe Client(except the 6nn), or anyone for whose acts any of them may be liable. Claims and disputes shall be subject tonon-binding mediation xm defined under Article 7uf/\lA Document 8l4|. Risk Allocation: ]it recognition ofthe relative risks, rewards and benefits of the project to both the Client and the I"irm, the risks have been allocated such that the Client agrees that,to the fullest extent permitted by law, the 9ino's total offio6i|i9tmthe Client for any and all injuries, claims, losses, expenses, dumuguuur claim expenses arising out o[this ugzucmcn/ from any cause or causes,shall not exceed Our fee, listed on reverse of this&��oom�xc� Such causes omissions, strict liability,breach ofcmnrnactor breach ofv/anzoty. Termination of Services: This agreement may 6m|unninuccdby the Client or the Firm should the other fail io perform its obligation hereunder. In the event vfterminazion,the Client shall pay the Firm for all services rendered to the date of termination,all reimbursable expenses, arid reimbursable termination expenses. Construction Costs: Responsibility for construction costs will be in accordance with Article 5 of AIA Document Bl4|. Ownership Documents: All documents produced bythe Finn under this agreement shall remain the property ofthe Firm arid may not be used by the Client for any other endeavor without the written consent of the Hnn. Applicable Laws: Unless otherwise spcci6ed,this agreement shall be governed by the laws*fthe State utNonbCuro|ioa. Underground Utilities: Unless underp_round utilities are marked bv a utility locating sub- consultant,the Firm will endeavor to have underground utilities marked by contactin2 811 should the client so direct. If 811 or other utilitv locator marks or has marked any utilities, any mappin2 of said utilities should be considered as approximate location oniv. The Firm shall not be held liable for any markinLys or lack of markinLFs by utilitv locators. DocuSign Envelope ID: 5547CB41-3596-4AF6-8A17-2B8F8A096240 A�CORI]►� CERTIFICATE OF LIABILITY INSURANCE DATE / 03/1111/22016 016 Y) 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 Greg Lopeman, CPCU NAMEACT Gre q LO eman PHONE State Farm Insurance arc o >n:919-933-7770 Arc No:919-933-7713 E-MAIL O104-B NC Hwy 54 W ADDRESS:Greg.Lo eman.NYSL Statefarm.com Carrboro, NC 27510 tNSURERS)AFFORDINGCOVERAGE NAIC# INSURER A:State Farm Fire and Casual Company 25143 INSURED RILEY SURVEYING PA INSURER B:State Farm Mutual Automobile Insurance Company 25178 STE 100B INSURER C: 3326 DURHAM CHAPEL HILL BLVD INSURER D: DURHAM NC 27707-2695 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. INSR ADDL UBR LTR TYPE OF INSURANCE POLICY NUMBER MM1D Y EFF MWODmrY LIMITS A GENERAL LIABILITY FY-1❑ 93-65-K546-3 02120/2016 02120/2017 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY D MA E T 0 A ENT D PREMISES Ea occurrence $ 300,000 CLAIMS-MADE OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY PRO- J CT 17 LOC $ B AUTOMOBILE LIABILITY ❑❑ 071 9714-D30-33 10/30/2015 10/30/2016 Ea MINED SINGLE LIMIT $ ANY AUTO ALL OWNED BODILY INJURY(Per person) $ 500,000 AUTOS X SCHEDULED AUTOS BODILY INJURY(Per accident) $ 500,000 HIRED AUTOS x NON-OWNED PROPERTY DAMAGE AUTOS Per accident $ 100,000 A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE 93-GM-1111-1 08/1012015 08/10/2016 DED X RETENTION$ 10,000 AGGREGATE $ 1,000,000$ A WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICElMEMBER EXCLUDED? Y❑ N/A ❑ 93-BX-W682-8 02/20/2016 02/20/2017 (Mandatory in and E.L.DISEASE-EA EMPLOYE $ 1,000,000 DESCRIPTION OF OPERAT If yes,describe under E.L.DISEASE-POLICY LIMIT $ 1-1 El 1,000,000 i DESCRIPTION OF OPERATIONS r LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Certificate Holder is listed as additional insured on above referenced General Liability Policy CERTIFICATE HOLDER CANCELLATION Orange County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 8181 ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough, NC 27278 AUT IZED REPRESS ATNE 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registe d marks of ACORD 1001486 132849.6 11-15-2010 DocuSign Envelope ID: 5547CB41-3596-4AF6-8A17-2B8F8A096240 RILEY-1 OP ID: ML , lik. O CERTIFICATE OF LIABILITY INSURANCE DATE(M9120 5 `••---''� 10/29/2015 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 NAME: Mary W. Lanning Chas.Lunsford Sons&Assoc. PHONE FAX P.O.Box 2571 A/c No Ext: A/C,No): Roanoke,VA 24010 E-MAIL mwianning@chaslunsford.com Robert M.Swindell,Jr. ADDRESS: g� INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:The Hanover Insurance Co 22292 INSURED Riley Surveying, P.A. INSURER B: 3326 Durham Chapel Hill Blvd Ste B-100 Durham, NC 27707 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. INSR TYPE OF INSURANCE DDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1:1 OCCUR DAMAGES( RENTED CLAIMS-MADE PREMISES Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $ JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liab LHR882546205 08/10/2015 08/10/2016 Ea Claim 1,000,00 Deductible$2,500 Aggregate 2,000,00 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION FORINFO For Information Only SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE r �� - ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD