Loading...
HomeMy WebLinkAbout2016-558-E AMS - Riley Surveying, P.A. for Cameron Street sidewalk topographic survey and research 000vSign Envelope ID: nr1ee0ruouEr-4076-eEr7-618nEe44uonC [Depart ental Use Only] TITLE Dickson Sidewalk Survey FY FY2016-17 II A NGE COUNTY C ImN • CT UN II II II $15,000.11 NO "7[I . CAROLINA THIS AGREEMENT, made and entered into this 30th day of Sept mber, 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; W1TNE88ETH: 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 Surveying and related research work regarding the South Cameron Street sidewalk according to the attached proposal dated September 26, 2016. The term of this agreement rendered shall be from September 30th, 2016 to December 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 /\Arecnooni, 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 Sixteen Hundred Dollars, ($1,600). 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 affec 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 6/16 DocuSign Envelope ID: 5F1 BB072-D2E7-4676-BEF7-6195EB442D5C 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 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. 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 state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Anti-Discrimination Policy. Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Provider affiuins that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-86.58. 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. Revised 6/16 2 DocuSign Envelope ID: 5F1BB072-D2E7-4676-BEF7-6195EB442D5C 1SIGNA.TU w N PAGE TO FSLLSS l Revised 6/16 DocuSign Envelope ID: 5F1BB072-D2E7-4676-BEF7-6195EB442D5C IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. NGE COUNTY PIVII DocuSigned by: DocuSigned by: bblAAAAG (1-0401Aursl,cti By: By: 196,AL ritul F177 County Manager Title: president 200 S. Cameron St. Phil Riley, PLS, Riley Surveying, P.A. P.O. Box 8181 3326 Durham Chapel Hill Blvd., Suite B-100 Hillsborough,NC 27278 Durham, NC 27707 Revised 6/16 4 DocuSign Envelope ID: 5F1BB072-D2E7-4676-BEF7-6195EB442D5C Riley Surveying, PA. 3326 m rham C apel Hill mg lv I SI ite 1-100 m ha , North Cargill la 27717 AN AG' FOR THE PROVISION OF LIMITED PROFESSIONAL SERVICES DATE: September 26, 2016 CLIENT: County of Orange 131 West Margaret Lane, Suite 300 Hillsborough, NC 27278 Attention: Jeff Thompson, Dir. Asset Management Services PROJECT NAME/LOCATION: South Cameron Street Sidewalk Topographic Survey Hillsborough, NC SCOPE AND EXTENT OF SERVICES: Deed research, field measurements, computations and drafting necessary to perform a field survey and mapping S. Cameron Street from its western curbline to 25' farther west and from the northern curbline of E. Margaret Ln. to the southern curbline of E. King Street. The survey shall accurately depict: 1' contour interval, trees 6" and larger, existing curblines/handicap ramps and limits of R/W if readily ascertainable. The survey shall be tied to NC Grid System(NAD'83) and NAVD `88(Geoid 12) Fixed Fee- $1,600.00 Special Provisions- 1) We are prepared to begin work within one week upon acceptance of this Proposal of Agreement. 2) Please allow up to one week hence for completion of and delivery of survey which will be a cadd file and sealed hardcopy. 3) See Terms and Condition regarding the survey and mapping of underground utilities. 4)No boundary surveys to be performed. The Terms and Conditions following this form are a part of this Agreement. This Agreement entered into as of the day and year first written above. CLIENT SURVEYOR Ai* eh, Authorized Signature Phillip W. Riley, PLS President Phone—(919)667-0742 Fax—(919)402-0234 NC Firm License C-1281 Page 1 of 2 000vSign Envelope ID: nr1ee0ruouEr-4076-eEr7-618nEe44uonC RL EYS0I'VEYXNG, P.A. S^ANII/k� TE.'MS AND C -2016 Riley Surveying, RA. hereinafter called the Finm,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 as fixed fee, 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 $145.80 PLSII $135.00 1-man w/robotics/GPS $165.00 CADD Operator $9500 2-man w/robotics $190.00 Survey Technician $85.00 2-man Survey Crew $165.80 Clerical $50.00 Reimbursables(copies,prints,stakes, sub-consultant fees,mileage, plat application fees, etc.)shall be invoiced at cost plus 10Y6.Missing property corners shall be replaced at an additional cost of$100 each. Billings/Pavments: Invoices for the Finn'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 within30 days,the Firm may,without waiving any claim or right against the Client, and without liability whatsoever to the Client,teiniinate 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. Indemnification: The Client shall indemnify and hold harmless the Firm and all of its personnel from and against any and all claims, damages, losses and expenses(including reasonable attorney's fees)arising out of or resulting from the perfoiniance of the services,provided that any such claim, damag, loss or expense is caused in whole or in part by the negligent act,omission, and/or strict liability of the Client, anyone directly or indirectly employed by the Client(except the Firm),or anyone for whose acts any of them may be liable. Claims and disputes shall be subject to non-binding mediation as defined under Article 7 of AIA Document B141. Risk Allocation: lo recognition of the relative risks,rewards and hcuofimof the project to both the Client and the Finn,the risks have been allocated such that the Client agrees that,to the fullest extent permitted by law,the Firm's total of liability to the Client for any and all injuries,claims, losses, expenses, damages or claim expenses arising out of this agreement from any cause or causes, shallnot exceed our fee, listed on reverse of this Agreement. Such causes include, but are not limited to,the Firm's negligence,errors, omissions,strict liability,breach of contract or breach of warranty Termination of Services This agreement may be teiminated 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 termfiation expenses. Construction Costs: Responsibility for construction costs will be in accordance with Article 5 of AIA Document B141. 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 utility locating sub-consultant, the Firm will endeavor to have underground utilities marked by contacting 811 should the client so direcc If 811 or other utility 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 any markings or lack of markings by utility locators. Page 2 of 2 DocuSign Envelope ID: 5F1 BB072-D2E7-4676-BEF7-6195EB442D5C CERTIFICATE OF LIABILITY INSYURANCE 03/11/2016 DATE(MMIDDIYYYY) THIS CERTIFICATE IS ISSUED AS A MA I I ER 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 IIi.Y THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTI CT BE l' EEN 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 NAME: T Greg Lopeman PHONE State Farm Insurance IN-,No.Ext)t 919-933-7770 FAX Noy 919-933-7713 E-MAIL 104-B NC Hwy 54 W ADDRESS:Greg.Lopeman.NYSL @Statefarm.com A Carrboro, NC 27510 .._ INSURER(S)AFFORDING COVERAGE NAIL fl INSURER A:State Farm Fire and Casualty Company 25143 INSURED RILEY SURVEYING PA INSURERB:State Farm Mutual Automobile Insurance Company 25178 STE 100B INSURER C: 3326 DURHAM CHAPEL HILL BLVD INSURERD: 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 ADOL SUBR POLICY EFF POLICY EXP I LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIDDIYYYY) (MM/DDfYYYY) LIMITS A GENERAL LIABILITY Y 93-B5-K546-3 02/20/2016 02/20/2017 EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL LIABILITY PREMISES O(Ea occurrence) $ 300,000 RENTED IICLAIMS-MADE I X I OCCUR MED EXP(Any one person) $ 5,000 El PERSONALS ADV INJURY $ 1,000,000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY PRO- JECT LOC $ B AUTOMOBILE LIABILITY 071 9714-D30-33 10/30/2015 10/30/2016 COMBINED SINGLE LIMIT ANY AUTO (Ea accdent) $ BODILY INJURY(Per person) $ 500,000 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ 500,000 HIRED AUTOS NON-OWNED PROPERTY DAMAGE - AUTOS (Per accident) $ 100,000 $ A UMBRELLA LIAB X OCCUR EACH OCCURRENCE _ $ 1,000,000 93-GM-1111-1 08/10/2015 08/10r2016 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED X RETENTIONS 10,000 $ A WORKERS COMPENSATION WC STATU- 0TH AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT EXCLUDED? I Y I N f A 93-BX-W682-8 02/20/2016 02/20/2017 NT $ 1,000,000 (Mandatory in NH) EL,DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT,$ 1,000,000 DESCRIPTION OF OPERATIONS/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 / AUTH FED REPRESE ATIVE 19. -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: 5F1 BB072-D2E7-4676-BEF7-6195EB442D5C RILEY-1 OP ID: r L AC�RO y o DATE(MM/DDIYYYY) CERTIFICATE OF LIABILITY If SURANCE 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 COVE`k,GE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT rIETWEEN THE ISSUING INSURER(S), AUTHORIZED *EPRESENTATIVE 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 Mary v Lannin NAME: e'• g Chas.Lunsford Sons&Assoc. PHONE FAX P.O.Box 2571 (A/C,No,Extl: (A/C,No): Roanoke,VA 24010 Alin chaslunsford.com Robert M.Swindell,Jr. ADDRESS:mwann 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 8-100 Durham, NC 27707 INSURERC: 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 ANDSDDL WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (M M/DD/YYW) (MM/DDM'YY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE RENTED CLAIMS-MADE OCCUR PREMISES O(Ea occurrence) MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE 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 1,000,000 Deductible$2,500 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I 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 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD