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HomeMy WebLinkAbout2017-200-E AMS - Riley Surveying, P.A. for topographic survey at Whitted Complex DocuSign Envelope ID: E271A49A-1BD2-4431-90DF-FC9C4F52CE69 [Departmental Use Only] TITLE Whitted Complex Survey FY 2016-17 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 25th day of May, 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 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: Whitted Building - Accessible Improvements W. Tryon Street Topographic Survey, Hillsborough, NC. Includes deed research, field measurements, computations, and all necessary to perform a Boundary/Topographic Survey of the remaining areas not previously surveyed. The term of this agreement rendered shall be from May 25, 2017 to August 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 Eight Thousand Seven Hundred Fifty Dollars, ($8,750.00). 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: E271A49A-1BD2-4431-90DF-FC9C4F52CE69 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: E271A49A-1BD2-4431-90DF-FC9C4F52CE69 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: E271A49A-1BD2-4431-90DF-FC9C4F52CE69 IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER �—ooes a n i—uoesgea ev: gne y. By bok,kAt.Nammtirs ui By: l'ut County Manager Title: P' e1t 200 S. Cameron St. Riley Surveying,P.A. P.O. Box 8181 3326 Durham Chapel Hill Blvd. Ste B-100 Hillsborough,NC 27278 Durham,NC 27707 Revised 2/17 4 DocuSign Envelope ID: E271A49A-1BD2-4431-90DF-FC9C4F52CE69 Riley Surveying, P.A. 3326 Durham Chapel Hill Blvd. Suite B-100 Durham, North Carolina 27707 AN AGREEMENT FOR THE PROVISION OF LIMITED PROFESSIONAL SERVICES DATE: February 27, 2017 CLIENT: County of Orange 131 West Margaret Lane, Suite 300 Hillsborough,NC 27278 Attention: Jeff Thompson, Dir. Asset Management Services PROJECT NAME/LOCATION: Whitted Building—Accessible Improvements W. Tryon Street Topographic Survey Hillsborough,NC SCOPE AND EXTENT OF SERVICES: Deed research, field measurements, computations, and necessary to perform a Boundary/Topographic Survey of the remaining area not previously surveyed by this Firm in 2010 and 2013 of the Orange County property situated at 300 East Tryon Street and adjoining streets/walkways in order to prepare accurate mapping of the entire site that accurately depicts: property lines and easements as found in the public record or observed, curbs and paved areas w/spot elevations, buildings with first floor finished elevations, overhead utilities, stairways and ramps, two foot contour interval, storm/sewer structures with invert data,public streets rights-of-way and all other observable features. Fixed Fee: $8,750.00 Special Provisions- 1) We are prepared to begin work on or about 3/10/17. Please allow 2 weeks hence for completion and delivery of the survey which will be a cadd file and sealed hardcopy. 2)Underground utilities will not be surveyed or mapped. 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 P14 Net Authorized Signature Phillip W. Riley, PLS President Phone—(919)667-0742 Fax—(919)402-0234 NC Firm License C-1281 Page 1 of 2 DocuSign Envelope ID: E271A49A-1BD2-4431-90DF-FC9C4F52CE69 RILEY SURVEYING,P.A. STANDARD TERMS AND CONDITIONS-2017 Riley Surveying,P.A.hereinafter called the Firm,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 $145.00 PLSII $135.00 1-man w/robotics/GPS $165.00 CADD Operator $95.00 2-man w/robotics $190.00 Survey Technician $85.00 2-man Survey Crew $165.00 Clerical $50.00 Reimbursables(copies,prints, stakes, sub-consultant fees,mileage, plat application fees,etc.) shall be invoiced at cost plus 10%. Missing property corners shall be replaced at an additional cost of$100 each. Billings/Payments: Invoices for the Firm'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 within 30 days,the Firm may,without waiving any claim or right against the Client,and without liability whatsoever to the Client,terminate 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 performance of the services,provided that any such claim, damage,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: In recognition of the relative risks,rewards and benefits of the project to both the Client and the Firm,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, shall not 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 terminated 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 termination 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 under2round utilities are marked by a utility locating sub-consultant, the Firm will endeavor to have under2round utilities marked by contacting 811 should the client so direct. 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: E271A49A-1BD2-4431-90DF-FC9C4F52CE69 ACC)R/ CERTIFICATE OF IAh DATE(MMIDDIYYYY) 'ILITY INSURANCE _ DATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CE""?TIFICAT'E DOES NOT AFFI'"'MATIVELY 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 OS 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 ... .. _..... .. ..- .. ... Greg Lopeman, CPCU NAME: Greg Lopeman„ ". PHONE FAX State Farm Insurance fAIP Na Ext) 919-933-7770 Arc,Noy 919-933-7713 E-MAIL 104-8 NC Hwy 54 W ADDRESS:Greg Lopeman,NYSL©Statefarm.com Carrboro, NC 27510 INSURER(S)AFFORDING COVERAGE NAIL# INSURED INSURER A State Farm Fire and Casualty Company 4 25143 RILEY SURVEYING PA INSURER B:State Farm Mutual Automobile Insurance Company - 25178 STE 100B INSURER C 3326 DURHAM CHAPEL HILL BLVD INSURER 0 INSURER E DURHAM NC 27707-2695 .. __. _._ ........ ......_. _- .1,-INSURER F t . ._.. ...._ _...... .... 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 ..___...... .-------. . .,,,... ....._.-_._--- >AODLLSUBR.... -..._.._.____....------- ------- "P©LICYEFF POLICY EXP TYPE OF INSURANCE I ........_....LTR ,INSR WYD POLICY NUMBER (MMlDD1YYYY) (MMIDD/YYYYI LIMITS GENERAL LIABILITY w..- A Y 93-B5-K546-3 02/2012016 02120/2017 EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAI.LIABILITY DAMAGE TO RENTE)) ---- { 93-CG-2005-8 02120120/7 02/20/2018 PREMISES(Ea Oraurence) $ 300,000 '.� CLAIMS-MADE X] OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY 1,000,000 " GENERAL AGGREGATE 5 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 ICY _...._ i X POL JR O- r I LOC $ ......... .. B AUTOMOBILE LIABILITY 071 9714-D30-33 10130/2016 10/30/2017 COMBINED ISINGI E LIMIT 71 ANY AUTO BODILY INJURY(Per person) s 500,000 ALL OWNED X SCHEDULED BODILY INJURY(Per accident AUTOS AUTOS 5 500,000 NOPJ-OWNED 1 .... 1 I (ROPERTYDAMAGE HIRED AUTOS X AUTOS (Per accident) 100,000 A UMBRELLA LIAR X OCCUR ,I EACH OCCURRENCE $ 1,000,000 93-GM-1111-1 0811012016 08/10/2017 OCCURRENCE LIAR DE i _! CAGGREGATF. �$ 1,000,000 1 CEO X-. .RETENTION 5 I 10,000_.._.I .. . _ ....... . . ......... . ....._.-..---- -- . ..,. A WORKERS COMPENSATION VVC S1`ATIJ I O/H- AND EMPLOYERS'LIABILITY YIN TORY LIMITS` _.- R ANY PROPRIETOR/PARTNER/EXECUTIVE $ OFFICE/MEMBER CEXCLUDED? E.L.EACH ACCIDENT $ 1,000,000 Y N I A 93-BX-W682-8 02/20/2016 02/2012017 (Mandatory In NH) -- - EL.DISEASE EA EMPLOYEE `E 1,000,000 If yes,describe under 93-CC-C931-6 0212012017 02/20/2018 1 I DESCRIPTION OF OPERATIONS below L E.L.DISEASE-POLICY LIMIT $ 1,000,000 I '..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 SHOULtt-ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE FXPIi TION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 8181 ACCO DAN WITH THE POLICY PROVISIONS. ---,, Hillsborough, NC 27278 AUTHORIZE? REPRESENTATIVE ^� ---" 1 ,"I /<r- ®1988-2010 ACORD CO''0,,ATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD \y~1001486 132849.6 11-15-2010 DocuSign Envelope ID: E271A49A-1BD2-4431-90DF-FC9C4F52CE69 RILEY-1 OP ID: RS ,d►coRO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 03/07/2017 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 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). CONT PRODUCER NAMEACT Robert M.Swindell,Jr. Chas.Lunsford Sons&Assoc. HONE P.O.Box 2571 (A//CC,No,Ext):540-982-0200 FAX,No): 540-344-4096 Roanoke,VA 24010 E-MAIL bswindel @chaslunsford.com Robert M.Swindell,Jr. ADDRESS: 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. IN SR TYPE OF INSURANCE I POLICY EFF POLICY EXP INSD WVD POLICY NUMBER /Y LIMITS (MM/DD YYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE RENTED CLAIMS-MADE OCCUR PREMISES O(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GE '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 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 LHR882546206 08/10/2016 08/10/2017 Ea Claim 1,000,000 Deductible$2,500 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION ORANGEA Orange County Asset Management SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE g g THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Services ACCORDANCE WITH THE POLICY PROVISIONS. 131 West Margaret Lane Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE "'A:44 dn. .4gArdatto ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD