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HomeMy WebLinkAbout2016-193-E DEAPR - Coulter Jewell Thames PA for TOPO survey DocuSign Envelope ID:06FA3CE5-ECA5-46AD-81OC-45C308AOCA40 [Departmental Use Only] TITLE Sevenmile Creek-Topo FY 2016 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this Twentythird 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 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: Topograhic services to construct a small parking area The term of this agreement rendered shall be from April 4, 2016 to May 16,2016. 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 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 Two thousand three hundred dollars, ($2,300.00). 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. 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:06FA3CE5-ECA5-46AD-81OC-45C308AOCA40 incorporated herein by reference and may be viewed at ttp://www.orangecountync.Rov/der)artments/purchasing division/contracts.php). If County'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 County'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, 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 Si atures: 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:aw: 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 Parry, 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:06FA3CE5-ECA5-46AD-81OC-45C308AOCA40 IN WITNESS WHEREOF,County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE COUNTY PROVIDER DocuSigned by: DocuSigned by: y —37L2-9/2016 y /23/2016 Mfhdger Tltl : 8AB889AFB7B946A... 200 S. Cameron St. vice President P.O. BOX 8181 Hillsborough,NC 27278 Revised 1/16 3 DocuSign Envelope ID:06FA3CE5-ECA5-46AD-81OC-45C308AOCA40 x COulter�Jewell Thames , PA _. ......111 WEST MAIN STREET _... __. DURHAM, NORTH CAROLINA 27701 p919.682.0368 f919.688.5646 LETTER OF PROPOSAL Made this 14th day of March,2016 To the Client Marabeth Carr Orange County Dept.of Environment,Agriculture,Parks&Recreation 103 West Main Street Durham,NC 27701 By the Site Consultant Coulter Jewell Thames,PA 111 W.Main Street Durham,NC 27701 For Site Consulting Services relative to land surveying a portion of Seven Mile Creek in Hillsborough,NC(PIN 9854614041). Scope of Basic Services: The Consultant proposes to provide the following basic services 1. Site Surveying: Boundary lines within the area;delineation of the gravel drive;portions of the natural surface trail within the area delineated;locating and identifying all trees over 6"caliper;locating an existing drainage pipe (approx. location as shown on the attached map); 1- foot contours; and providing ten spot elevations that are also indicated on the attached map. 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 sums listed below plus normal reimbursable expenses as listed in the attached schedule. Task IA: Topographic Survey $2,300.00 DocuSign Envelope ID:06FA3CE5-ECA5-46AD-81OC-45C308AOCA40 STANDARD HOURLYRATES Principal Engineer/Landscape Architect $160 Principal Land Surveyor $160 Professional Engineer/Landscape Architect $125 Professional Land Surveyor $125 Associate Engineer/Landscape Architect $100 CAD Draftsman/Intern $85 Clerical $55 2 person Survey Crew $135 (person Survey Crew $95 *Rates subject to change one year after date of agreement STANDARD REIMBURSIBLE EXPENSES Blueprints $1.50 1sheet Mylar Sepias $10.00 1sheet Photocopies $0.10/page Out of Town Mileage $0.55/mile Plotting $10.00 1sheet 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. For the Client Date For the Site Consultant Coulter Jewell Thames,P.A. �2L ?, w 3/14/2016 Jeffrey P.Williams,PLS Vice President DocuSign Envelope ID:06FA3CE5-ECA5-46AD-81OC-45C308AOCA40 +'1 OP ID: DR 14C0)R"' DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 03/21/2016 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) CONTACT PRODUCER Phone:919-682-4814 NAME: Lee Hammond The Sorgi Insurance Agency Fax:919-682-4906 PHONE g19-682-4814 77777W ,No): Consultant Place Suite 102 A/C No Ext: aJC No: Durham,NC 27707 ADDRBss:Lee@sorgiinsurance.com James E.Sorgi,CIC PRODUCER COULJEW CUSTOMER ID#: INSURER(S)AFFORDING COVERAGE NAIC# INSURED Coulter Jewell Thames, PA INSURERA: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 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. ILTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY IYYYY MM%DD//YYYY LIMITS '.. GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY Q470191663 11101/2015 11/01/2016 PREMISES Ea occurrence $ 2e000,000 F U7 CLAIMS-MADE OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 4,000,000 POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY A X SCHEDULED AUTOS Q110131551 11/01/2015 11/01/2016 PROPERTY $ PROPERTY DAMAGE $ X HIREDAUTOS Q110131551 11/01/2015 11/01/2016 (Per accident) X NON-OWNEDAUTOS Q110131551 11/01/2015 11/01/2016 $ A Fx7 Uninsured Q110131551 11101/2015 11/01/2016 $ UMBRELLA LIAB I X OCCUR EACH OCCURRENCE $ 1,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 A Q350171221 11/01/2015 11/01/2016 DEDUCTIBLE Excludes $ RETENTION $ Prof Liab $ WORKERS COMPENSATION X I WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER A ANY PROPRIETOR/PARTNER/EXECUTIVEYI❑N Q955101129 11/01/2015 11/01/2016 E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 B Professional Liab PGIARK02903-02 05/27/2015 05/27/2016 E Claim 1,000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: Orange County RFP - Topo Services CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange Co Dept.of Environment THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 9 p ACCORDANCE WITH THE POLICY PROVISIONS. Agriculture, Parks&Recreatio Attn: Marabeth Carr AUTHORIZED REPRESENTATIVE PO Box 8181 Hillsborough, NC 27278 auvv"JNv ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD