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HomeMy WebLinkAbout2017-180-E AMS - The John R. McAdams Company, Inc. to locate utilities at Historic Courthouse Square DocuSign Envelope ID:60D51301-AA7F-4182-AF59-0A2ECFA8E051 [Departmental Use Only] TITLE Utility Location FY 2016-17 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 6th day of April, 2017, ("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 The John R. McAdams Company, 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: Location utilities for parcels 9874066106, 9874068114 and 9874069059. The term of this agreement rendered shall be from April 6, 2017 to June 30, 2017. 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 Three Thousand Two Hundred Fifty Dollars, ($3,250.00). 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 Revised 2/17 1 DocuSign Envelope ID:60D51301-AA7F-4182-AF59-0A2ECFA8E051 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 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 consent of the Parties to utilize electronic signatures and 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 Non-Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php.). 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 affirms 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 Revised 2/17 2 DocuSign Envelope ID:60D51301-AA7F-4182-AF59-0A2ECFA8E051 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 2/17 3 DocuSign Envelope ID:60D51301-AA7F-4182-AF59-0A2ECFA8E051 IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER �Q,, syea y: IuosgeI'vv:I1II �/OIA.VUf.Rtuxmurs( fiLLt1Aak,( IUAms By:� By:�-TttrOJECT MANAGER County Manager Title: 200 S. Cameron St. The John R. McAdams Company Inc P.O. Box 8181 PO Box 14005 Hillsborough,NC 27278 Research Triangle Park,NC 27709 Revised 2/17 4 DocuSign Envelope ID 60o51301~w\ F-41ou~^F5e-0AuEoFAoEos1 Angle! arnes From: Williams, Kenneth <kwi|Uoms@mcadarnsco.com> Sent: Wednesday, March 08, 2017 7:32 AM To: Angel Barnes Su sject: FVV Survey for Central Area,Jail, Courthouses, etc.. SUE QUOTE Mrs. Barnes, Based on the size of the site and the fact that I have no idea what utilities will be present I will say I can get this done for you for$ 3,250.00. That will include conventional locating equipment, GPR as needed for non tonables,traffic control as needed and basic coordination. As for scheduling, I have availability as soon as next week but can work with you with your schedule to make sure it gets done prior to surveying the line work. Let me know if you need anything more. Ken Williams McAdams 9197170332 From:Angel Barnes [mailto:abarnes@orangecountync.gov] Sent:Tuesday, March 07, 2017 4:07 PM To:Williams, Kenneth <kwilliams@mcadamsco.com> Subject: RE: FW: Survey for Central Area,Jail, Courthouses, etc.. Please see the attached. Please advise if this will work? Thank You, Angel Angel Barnes I Capital Projects Manager I Orange County Asset Management Services I 131 West Margaret Lane I Hillsborough, NC 27278 I (919) 245.2628 (direct) I (919) 610.8182(mobile) I www.orangecountync.gov From: Williams, Kenneth [ma/knJowUksrns@nlcadansco.con ] Sent: Tuesday, March 07 2017 12:57 PM To: Angel Barnes Subject: Re: FW: Survey for Central Area, Jail Courthouses, etc.. Hello. Yes I can send you a quote. I will need an exhibit of some kind showing the exact area (Aerial photo, drawing) you need located. I dont use pin auzv�y ounb�numbers. Ken On Mar 7, 2017 12:49 PM Angel Barnes<abmmea goco .gov>wrote: Good Afternoon, I wanted to find out if you would be able to provide pricing for utility location services for the Historic Courthouse square, County Jail, and central area? DocuSign Envelope ID:60D513C1-AA7F-4182-AF59-0A2ECFA8E051 Utility Location Request ,,, F 10-; • EA 1,,. ., ...._ 1 . NMI ° o. . , °', t .„„,,,„, - :goi ri ,„_ iria.„..o.. . ..-,-:::,.. mil • Z ... ? e. 41 I t...._, -....:;. Ii -_. -----1. , • ii, , .. Iff t.'' ' -- --- .. K1N ST, W KING ST f , _ -. �.• p i_ A .-e,► SI `” ,�* , I , . , �tu)1 s _ �, :. I f ;' ' �•- 9874068114r ` ��- ' ■ _ fy ,,' i 9874069059gw 1 , ' ' q i . .,..=.:.-,4..n.,- N. .. p, - -0,"-- -11, . ..,4 ._. Al ' • - - NI ■C7 'R' ''r d •# E MARGARE1r LN or A- ._ ,. - 6. R[ C .r a_v • • '•� r ' : >. , :.��4`a ii 1 I. 1, r o f. �.'Th • .f. c s A."4817 an, , .� ! +L 1 q- , . ; 9 A i �I 1. I: I� , lly; r �f' .` ,'I .7�, .i j 4 �� xa• ,_ 's' i ..'. 1 P� f .fit_ • y, �,,� /, } '' .71•il. ''' 1. +e., . ix a N 1 in=100 feet 1•A, * m Feet # •'' k ft y,F �' Orange County Planning and Inspections d Parcels of Interest ,J T,,:.::-- .t i Brian Carson(3)7/2017) I I p�; 1�� ll -.5 F`r�1i . J t? V��. �I' t� 4acs. :r.T�. _.�'-1 DocuSign Envelope ID:60D51301-AA7F-4182-AF59-0A2ECFA8E051 • A.0 D® CE 7T IFICATE OF LIABILITY INSUY r Ay.NCE DATE(MM/DD/YYYY) 3/20/2017 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 !:Y 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 Harriet Thomas NAME: JJ Wade & Associates IA/O.No.Ext): (704)892-9297 (NC,No): (704)896-0485 P.O. Box 1209 AE-MDREAIL SS:hthomas@��wadeinsurance.com D 212 S Main St. INSURER(S)AFFORDING COVERAGE NAIC Davidson, NC 28036 INSURERANational Fire Insurance of Hartford INSURED INSURER B:Valley Forge Insurance Company 20508 The John R. McAdams Company, Inc. INSURERC: PO Box 14005 INSURERD: Research Triangle Park, NC 27709 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:2016-2017 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 SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVO POLICY NUMBER (MM/DD/YYYY1 IMM/DD/YYYYL ' LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED A CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 100,000 X Contractual Liability 6045439001 12/31/2016 12/31/2017 MED EXP(Any one person) $ 15,000 X No XCU Exclusion PERSONAL&ADVINJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PECOT- LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED 6045439029 12/31/2016 12/31/2017 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident) X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESSLIAB CLAIMS-MADE 6045439063 12/31/2016 12/31/2017 AGGREGATE $ 5,000,000 DED X RETENTION$ $ WORKERS COMPENSATION X PER 0TH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A B (Mandatory in NH) WC645439046 12/31/2016 12/31/2017 E.L.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 I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION abarnes @orangecountync.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 8181 ACCORDANCE WITH THE POLICY PROVISIONS. • Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE J.J. Wade, III/AH ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD I7 i 5025 r2nu.ni i