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HomeMy WebLinkAbout2016-295-E DEAPR - Landmark Surveying, Inc. - boundary survey, recordable plat for 37-acre property by S.L. Efland Heirs, LLC DocuSign Envelope ID: 505E90B4-7299-4C01-BDD5-5463D0215BC5 [Departmental Use Only] TITLE Survey-SL Efland Hrs FY 2015-16 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 3rd day of June, 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 Landmark Surveying, Inc. (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: Complete a boundary survey and prepare a recordable plat for a 37- acre property (and two smaller parcels totaling about 3.4 acres) owned by S.L. Efland Heirs, LLC consistent with the attached emailed proposal from Douglas Yarbrough,PLS. The term of this agreement rendered shall be from June 6, 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 Five Thousand and Two Hundred Dollars, ($5,200). 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 Revised 1/16 1 DocuSign Envelope ID: 505E90B4-7299-4C01-BDD5-5463D0215BC5 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is 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. Priori : 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: 505E90B4-7299-4C01-BDD5-5463D0215BC5 IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER By: F� cuSigned by: cu5igned by: 6'vuvut-t' �ctwltMt VS By: 5'""' Y"Uw � County P94B755E477... Title: E6CBKAMCA3416... 200 S. Cameron St. Landmark Surveying, Inc. P.O. Box 8181 109 East Harden Street Hillsborough,NC 27278 Graham,NC 27253 Revised 1/16 3 DocuSign Envelope ID: 505E90B4-7299-4C01-BDD5-5463D0215BC5 AC")?"� DATE(MM/DD/YYYY) //�L CERTIFICATE OF LIABILITY INSURANCE 6/1/2016 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). PRODUCER CONTACT Debby Blanchard NAME: Y Glick and Mahan HONE No,Ext: (336)228-0525 FAX (336)229-0900 No): (336)229-0900 2326 S Church St Ste C E-MAIL blanchd3 @nationwide.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Burlington NC 27215 INSURERA:Nationwide Mutual Property & 37877N INSURED INSURER B:Nationwide Mutual Fire Insurance 23779N LANDMARK SURVEYING INC INSURER C:First Comp PO BOX 839 INSURERD:General Star Ins Co INSURER E: GRAHAM NC 27253-0839 INSURER F: COVERAGES CERTIFICATE NUMBER:CL166100291 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 SUBR LTR TYPE OF INSURANCE POLICY NUMBER FOLIC YYYY FOLIC EXP LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE To RENTED 100,000 A CLAIMS-MADE X OCCUR PREMISES Ea occurrence $, ACPGLK02273584929 8/27/2015 8/27/2016 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,OOO GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY❑ PRO JECT ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY (CEO accidentS OMBINED INGLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED AUTOS X AUTOS ACPBAK2273584929 8/27/2015 8/27/2016 BODILY INJURY(Per accident) $ X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident X UMBRELLA LAB OCCUR EACH OCCURRENCE $ 2,000,000 B EXCESS LAB CLAIMS-MADE AGGREGATE $ 2,OOO,OOO DED RETENTION$ ACPCAF2273584929 8/27/2015 8/27/2016 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N .............._STATUTE...................._ER............................................................................................. ANY PROPRIETOR/PARTNER/EXECUTIVE I E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED N/A ---- ------ C (Mandatory in NH) MWC0067791-02 8/27/2015 8/27/2016 E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 11000,000 D Professional Liability NJA314122 12/18/2015 12/18/2016 $500,000 Limit $500o Deductible DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION rshaw @orangecountync.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Department of Environment, Agriculture, ACCORDANCE WITH THE POLICY PROVISIONS. Parks and Recreation PO BOX 8181 AUTHORIZED REPRESENTATIVE Hillsborough, NC 27278 _ _ ©1fI8-2014 ACORD CORPORATION. All rights reserved. I ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) DocuSign Envelope ID: 505E90B4-7299-4C01-BDD5-5463D0215BC5 From: Douglas R. Yarbrough [mailto:dylandmark @triad.rr.com] Sent: Friday, June 03, 2016 10:44 AM To: Rich Shaw Subject: RE: S.L. Efland Heirs property (37 ac.) - Orange County The cost increase to survey the two smaller portions of the Efland Heirs property south of West Ten will be $500.00. The total amount will be$5,200.00. Please call if you have any questions Douglas R. Yarbrough, PLS Landmark Surveying,Inc, 109 East Harden Street Graham, North Carolina 27253 Phone; 336-229-6275 Cell; 336-263-1294 From: Rich Shaw [mai Ito:rshaw(a)orangecountync.gov] Sent: Thursday, June 02, 2016 12:30 PM To: dvlandmark(a)triad.rr.com Subject: RE: S.L. Efland Heirs property (37 ac.) - Orange County Doug, I've been advised by our Planning Dept. that we also need to have you survey the two small portions of the subject property that are located on south side of West Ten Road. See attached map. The County is not purchasing those small portions (approximately 0.6 and 2.9 acres respectively), but we must have them surveyed in order to divide them properly from the larger tract. So I guess the plat that we will record for the 37-acre land purchase would need to show those smaller pieces as well (surveyed) and the larger residual portion located north of the Interstate (unsurveyed). So please send me a revised cost estimate and I will modify the contract accordingly. Thanks very much; let me know if any questions or concerns. Rich Shaw, Land Conservation Manager Orange County Dept. of Environment, Agriculture, Parks and Recreation From: Douglas R. Yarbrough [mailto:dylandmark(a)triad.rr.com] Sent: Friday, May 13, 2016 3:05 PM To: Rich Shaw Subject: RE: Orange County RFP - S.L. Efland Heirs property (37 ac.) Rich, We made a brief site visit and reviewed the record information on the S.L. Efland Heirs, LLC property that lies south of Interstate#85 &#40, North of West Ten Road, East of the Orange County Soccer facility, and west of an undeveloped Property Formerly know as the Kirkpatrick Estate. The cost to provide a boundary Survey on this site, replace missing corners and paint the eastern Line will be $4,700.00. We will prepare a plat suitable for recording. This price does not include any review or recording fees. We should be able to complete this work before the end of June, depending upon when we are instructed to proceed. This price does not include surveying the S. L. Efland Heirs, LLC lands south of West Ten Road. Please contact me with any questions concerning this quote. Douglas R. Yarbrough, PLS Landmark Surveying,Inc, DocuSign Envelope ID: 505E90B4-7299-4C01-BDD5-5463D0215BC5 ORANGE COUNTY k Department of Environment, Agriculture,Parks&Recreation May 10, 2016 MEMORANDUM TO: Doug Yarborough, Landmark Surveying, Inc. FROM: Rich Shaw, Land Conservation Manager SUBJECT: Request for Proposal —Boundary Survey and Plat S.L. Efland Heirs Property (+/- 37 acres), Orange County Orange County intends to purchase approximately 37 acres of real property and is in need of a boundary survey and plat suitable for recording at the closing. The 37-acre property (+/-) is a distinct portion of an 87-acre tract of land (Orange County PIN 9844-26-4137) owned by the S.L. Efland Heirs, LLC. The subject property is bounded to the south by West Ten Road (SR 1144), to the west by Orange County parkland (Soccer.com Center), to the north by Interstate 85/40, and to the east by a large undeveloped tract. Maps of the property is provided (attached). We need irons placed at the northeast and southeast corners (if they don't already exist), and trees painted along the eastern property boundary (4"-wide orange band). We will want a preliminary plat for review and approval before you prepare the final plat for us to record at the closing. I will coordinate the review and provide comments. The parties would like to close by the end of June, but if that is not feasible then please let me know when you could complete this work. Reminder: Orange County requires its surveyors to have professional liability insurance (E&O insurance) and to provide a certificate of insurance. If you are interested, please send a proposal to rshaw @orangecountvnc.gov. Please call (919-245-2510) or email me if you have questions. Thanks for your consideration. Orange County Department of Environment, Agriculture, Parks &Recreation PO Box 8181, Hillsborough, NC 27278 Phone: (919) 245-2510 Fax: (919) 644-3351