HomeMy WebLinkAbout2017-230-E AMS - Riley Survey, P.A. - Contract Amendment to extend completion date of existing contract DocuSign Envelope ID:73B69093-ACDD-453B-9F20-098680D97CB1
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Asset Management Services
Date: June 13, 2017
Project: Old Courthouse Square— Building & Grounds Improvements Project
This contract amendment is to extend the surveying services completion date from June 30, 2017 to
September 30, 2017.
(DocuSign Envelope ID: 8A89E5D4-F8B5-49AF-8D96-4FABAAC6420A)
Background:
In May, 2017 the original contract was signed by all parties with a completion date of June 30, 2017. In
an effort to save monies, Orange County has requested additional surveying services (under separate
contract)for the River Park Entrance project to occur during the same time period as the Historic
Courthouse and existing Jail surveying. This will allow the crew to mobilize one time and save
approximately 20% costs.
The River Park Entrance survey services will begin upon completion of the New Bus Stop Pull Off Lane
by the Town of Hillsborough. This work by the Town of Hillsborough is scheduled to be completed in
August, 2017. Once the New Bus Stop Pull Off Lane is complete, Riley Surveying P.A. will schedule to
complete all the surveying work for the River Park Entrance and the Historic Courthouse & existing Jail
locations for Orange County.
P.O. Box 8181 * 131 West Margaret Lane,3rd Floor* Hillsborough, North Carolina 27278
Telephone:919 245-2625
Fax:919-644-3001
E-mail:AMService @orangecountync.gov
DocuSign Envelope ID:73B69093-ACDD-453B-9F20-098680D97CB1
NORTH CAROLINA
CONTRACT AMENDMENT
ORANGE COUNTY
THIS CONTRACT AMENDMENT ("Amendment") is made and entered into this 8th day of June, 2017 by and
between ORANGE COUNTY (hereinafter referred to as "County") and Riley Surveying, P.A. (hereinafter referred to
as "Provider").
WITNESSETH:
THAT WHEREAS, the County and Provider entered into a contract dated January 25, 2017, (hereinafter the "Original
Agreement"), for the provision of construction surveying services to the County, specifically the Services related to
surveying the Old Courthouse as set out therein; and
WHEREAS, the County and Provider desire to amend the Original Agreement while keeping in effect all terms and
conditions of the Original Agreement not inconsistent with the terms and conditions set forth below.
NOW THEREFORE, for and in consideration of the mutual covenants and agreements made herein, the parties agree to
amend the Original Agreement as follows:
1. In order to ensure the completion of the Services the term of the Original Agreement is amended to reflect an
end date of September 30, 2017.
2. Except for the changes made herein, the Original Agreement shall remain in full force and effect to the extent
it is not inconsistent with this Amendment. In the event that there is a conflict between the Original
Agreement and this Amendment, this Amendment shall control.
IN TESTIMONY WHEREOF, this Amendment has been executed by the parties hereto, as of the date first above
written.
ORANGE COUNTY RILEY SURVEYING,P.A.
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Bonnie Hammersley Phillip W. Riley
County Manager President
DocuSign Envelope ID:73B69093-ACDD-453B-9F20-098680D97CB1
[Departmental Use Only]
TITLE Survey-Historic Ct hs/Jail
FY 2016-17
ORANGE COUNTY
CONTRACT UNDER$15,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this 25th day of January, 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: Provide surveying services per proposal for Old Orange County
Courthouse area, dated November 21, 2016
The term of this agreement rendered shall be from January 25, 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
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 Nine
Thousand Four Hundred Dollars, ($9,400.00). 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 6/16 1
DocuSign Envelope ID:73B69093-ACDD-453B-9F20-098680D97CB1
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 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
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:73B69093-ACDD-453B-9F20-098680D97CB1
[SIGNATURE PAGE TO FOLLOW]
Revised 6/16 3
DocuSign Envelope ID:73B69093-ACDD-453B-9F20-098680D97CB1
IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of
the day first written above.
ORANGE COUNTY PROVIDER
/—OOCUSignetl by: �DOCUSignetl by:
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G eccum sLui
By: 6'1'14
By. 0637n4C7,,C477
County Manager Title: ent
200 S. Cameron St. Phillip W. Riley
P.O. Box 8181 3326 Durham Chapel Hill Blvd, Ste B-100
Hillsborough,NC 27278 Durham,NC 27707
Revised 6/16 4
DocuSign Envelope ID:73B69093-ACDD-453B-9F20-098680D97CB1
ORANGE COUNTY—DEPARTMENT USE ONLY
Department
Party/Vendor Name: Riley Surveying, P.A. Party/Vendor Contact Person: Phillip W. Riley
(philr @rileysurveyingpa.com) Contact Phone: 919-667-0742 Party/Vendor Address: 3326 Durham Chapel HIll Blvd.,
Suite B-100 City Durham State: North Carolina Zip: 27707 Department: AMS Amount: $9,400.00 Purpose:
Surveying services for Old Courthouse and Jail Budget Code(s): 61370035-870000-10051 Vendor# 52775 (N/A if
new vendor) Vendor is a BOCC consultant? Yes ❑ No Contract Type: (Check one) New ® Renewal ❑
Amendment ❑ Effective Date 1/25/17 Approved by Board Yes❑No Agenda Date:
This agreement is approved as to technical form and content:
r—DOCUSignetl by.
1/22/2017
Department Directors Si nature 2r «< , Date:
Information Technologies
(Applicable only to hardware/software purchases or related services)This agreement has been reviewed and is
approved as to information technology content and specifications:
Office of the Chief Information Officer Date:
Risk Management
This agreement is approved for sufficiency of insurance standards, specifications,and requirements:
r—DOCUSignetl by:
Aisa CovtAdo 1/24/2017
Office of the Risk Management Officer,
Financial Services
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act:
�� DocuSignetl by.
5/17/2017
Office of the Chief Financial Office rEl°'N °" °" Date:
Legal Services
This agreement is approved as to legal form and sufficiency:
Doosigetl by:
Office of the County Attorney )06 �0�` Date: 5/17/2017
EDHA3465...
Clerk to the Board
Received for record retention:
All Docusign contracts must be copied to Donna Lloyd upon completion @ Dolloyd@orangecountync.gov
The following signature block is for hard copies only and is not required for Docusign contracts:
Office of the Clerk to the Board Date:
Revised 6/16 5
DocuSign Envelope ID:73B69093-ACDD-453B-9F20-098680D97CB1
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: November 21, 2016
CLIENT: County of Orange
131 West Margaret Lane, Suite 300
Hillsborough,NC 27278
Attention: Jeff Thompson, Dir. Asset Management Services
PROJECT NAME/LOCATION: Old Orange County Courthouse Area
Physical Survey
Hillsborough,NC
SCOPE AND EXTENT OF SERVICES: Deed research, field measurements,
computations, and necessary to perform a Boundary/Topographic Survey of three
lots(PIN5-9874068114, 9874069059 and 9874066106) and surrounding streets in order to
prepare accurate mapping of property lines, easements as found in the public record or
observed, curbs and paved areas w/ spot elevations, overhead utilities and underground
utilities as marked by others, all buildings and structures, two foot contour interval,
storm/sewer structures with invert data,public streets rights-of-way and any other
observable features.
Fixed Fee: $9,400.00
Special Provisions- 1) We are prepared to begin work on or about 12/15/16 upon
acceptance of this Proposal of Agreement and marking of
underground utilities to be surveyed.
2)Please allow a approximately 3 weeks hence for completion
and delivery of the survey which will be a cadd file and
sealed hardcopy.
3) See Terms and Condition regarding the survey and mapping
of underground utilities.
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:73B69093-ACDD-453B-9F20-098680D97CB1
RILEY SURVEYING,P.A.
STANDARD TERMS AND CONDITIONS-2016
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:73B69093-ACDD-453B-9F20-098680D97CB1
A�CORI]►* CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYVY)
03/11/2016
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 Greg Lopeman, CPCU CONTACT Greg Lopeman
PHONE
State Farm Insurance (Arc.No.Ext):919-933-7770 FAX No):919-933-7713
E-MAIL
104-B NC Hwy 54 W ADDRESS:Greg.Lopeman.NYSL @Statefarm.com
1:41 Carrboro, NC 27510 INSURER(S)AFFORDING COVERAGE NAIC#
INSURER A:State Farm Fire and Casualty Company 25143 _
INSURED RILEY SURVEYING PA INSURER B:State Farm Mutual Automobile Insurance Company 25178
STE 100B INSURER C:
3326 DURHAM CHAPEL HILL BLVD INSURERD:
DURHAM NC 27707-2695 INSURERE:
— —
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 -ADDL SUBR
LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (POLICY r D/YYYY) (M POLICY LIMITS
A GENERAL LIABILITY y 93-B5-K546-3 02/20/2016 02/20/2017 EACH OCCURRENCE $ 1,000,000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED
PREMISES(Ea occurrence) $ 300,000
CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000
PERSONAL&ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
GE '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
(Eaacdent) $
ANY AUTO BODILY INJURY(Per person) $ 500,000
ALL OWNED SCHEDULED
AUTOS X AUTOS BODILY INJURY(Per accident) $ 500,000
HIRED AUTOS x NON
AUTO-OWNED S PROPERTY DAMAGE
(Per accident) $ 100,000
$
A UMBRELLA LIAB X OCCUR
93-GM-1111-1 08/10/2015 08/10/2016 EACH OCCURRENCE $ 1,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE
$ 1,000,000
DED X RETENTION$ 10,000 $
A WORKERS COMPENSATION WC STATU- 0TH-
AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICE/MEMBER EXCLUDED? Y N/A 93-BX-W682-8 02/20/2016 02/20/2017 E.L.EACH ACCIDENT $ 1,000,000
(Mandatory in NH) 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/LOCATIONS 1 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
AUT TIZED REPRESE ATIVE
-
I M44 .
1988-2010 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