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HomeMy WebLinkAbout2019-094-E AMS - Riley Surveying Merin Road staking DocuSign Envelope ID:876AD9F4-8OE8-4EOE-8D72-4AF651E99D75 [Departmental Use Only] TITLE Merin Driveway FY 18-19 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 15th day of February, 2019, ("Effective Date") by and between Orange County,North Carolina, a body politic and corporate organized under the laws 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 and/or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Field measurements, computations and preparation of Surveyor's Report necessary to stake both sides of the 25' public R/W (1,400+l.f.)as dedicated in Plat Book 117 Page34. The term of this agreement rendered shall be from February 15, 2019 to March 31,2019. 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 Nine Hundred Fifty Dollars, ($950.00). 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 Revised 12/18 1 DocuSign Envelope ID:876AD9F4-8OE8-4EOE-8D72-4AF651E99D75 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 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 be designated here 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, without limitation, 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 in carrying out Provider's duties and obligations related to the Services to be provided in this Agreement. 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 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. Modifications may be evidenced by telefacsimile signature. 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 I IA and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Priority: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and Orange County. 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.oran e�ync. og v/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 certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. If such mediation fails either party may initiate litigation to resolve the dispute. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. Revised 12/18 2 DocuSign Envelope ID:876AD9F4-8OE8-4EOE-8D72-4AF651E99D75 10. 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. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER Qfau �/anx 2/19/2019 By.B� �{ � ['CRPresic�ent Department Director Title: 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 12/18 3 DocuSign Envelope ID:876AD9F4-8OE8-4EOE-8D72-4AF651E99D75 Riley Surveying, P.A. 3326 Durham Chapel Hill Blvd. Suite B-100 Durham,North Carolina 27707 AGREEMENT FOR THE PROVISION OF LIMITED PROFESSIONAL SERVICES DATE: February 4, 2019 CLIENT: County of Orange 131 West Margaret Lane, Suite 300 Hillsborough,NC 27278 Attention: Jeff Thompson, Dir. Asset Management Services PROJECT NAME/LOCATION: Merin Road- Public R/W R/W Staking Chapel Hill,NC SCOPE AND EXTENT OF SERVICES: Field measurements, computations and preparation of Surveyor's Report necessary to stake both sides of the 25'public R/W (1,400+ l.f.) as dedicated in Plat Book 117 Page34. Fixed Fee: $950.00 Special Provisions- 1) We are prepared to begin within one week of notice to proceed contract. 2)Upon completion of field survey, a Survey's Report outlining all details of the basis of field staking shall be provided in lieu of mapping. 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 Peep �ly Authorized Signature Phillip W. Riley, PLS President Phone—(919)667-0742 philr@rileysurveyingpa.com NC Firm License C-1281 Page 1 of 2 DocuSign Envelope ID:876AD9F4-8OE8-4EOE-8D72-4AF651E99D75 Riley Surveying,P.A.Standard Terms and Conditions—2019 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.Fee assumes most property corners are intact and closely related to deed/plat calls. 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 $150.00 PLSII $140.00 1-man w/robotics/GPS $175.00 CADD Operator $95.00 2-man w/robotics $200.00 Survey Technician $85.00 2-man Survey Crew $175.00 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. 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 B 141. 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 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 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:876AD9F4-8OE8-4EOE-8D72-4AF651E99D75 .4 fz ' EI T1Fi TE F Ll ►81L�7 IN # h1 -+ DATINpa'DUffyj ' +E i OJD 112♦3 18 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO FLIGHTS UPON THE CERTIFICATE HOI-LIER. THIS CERTIFICATE ODES KOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTt;R THE COVERAGE AFFORDEb BY THE POOCIiE8 BELOW. THns CERTIFICATE OF INSURANCE DOE$ NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING IN!I WRERfS). AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: tf the cerdficate holder is an ADDITIONAL INSUREDr the pWicy(fas)murt be endorsed. It SUBROGATION IS WAIVED,Subject tD the terms arld condi#ions of the Policy, certain Polieiea nay Tequire an endorsomeflt A S#8iemew on this oartlfir,� does "t confer right=, to the eerlHficate holder in lieu of such endomemerrt(s), ooaleF;R Greg Lopemanr CP U aw .F Gre Lp ernan 9 State Farm InsuranCC P"4H¢ :9i�� -��70 arc.w 9 $ 7773 104-B NC Hwy 54 VV UMR Gresl,I apeman-k+iY3� St tefann-o�m arrboro, NC 27910 S]"KKJ qNC CO%TkA— NMr s INSUI A;SWa a Farm Fire and CasualFr Corn rry°' ,_''R ' R[�EY SURVEYING PA IRSL�F72B:S#ata T57#i Farm.Mut-I AularncE!tlnsuranc Cam TE 1003 MURERC: 3326 DUPHAM CHAPEL.HILT.BLVD MURgRo: DURHAM NO 7707-2695 IISURERE: INBgRER F: - COVERAGES CERTIFICATE NUMBER, REVISION NUMBER: THIS 1$TO CERTIFY THAT THE f'OLFCIES OF INSLFRANOE LISTED BELOW HAVE ECEN ISSUED TO THE INSURED NAMI LV ABOVE FQI;THE POL" PERIOD INOICATEO, NOTWTI`-CST,4NDIN'C; ANY REQL)PREMENT, TE;KM-0 OR CONDF ION OF ANY CONTRACT OR DTHEp DOCUMENT WITH RE4QPf=CT TO NIC#I THIS CERTIFICATE MAY EE 18SUED OR MAY PERTAIN, THE INSURANCE RfFC4ME8 F3Y THE POLICIES DESCR*W HEREFN Ig SLIB,IECT TO ALL THE TERid$, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES-LIfAITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLNM5. 7FTR ADaL TR F#* 7TPE#iNSLI1i�,►pY ��, ...� PPlIC7r 7tI�T EAP LIMUTa . tt IEAAJ. UWaMa y ❑ 4 'GG 5$ 0712012ma 02f2012019 EACIIOCCURRIINCE 3 1.004000 36AMCRIgL CENE#t4L 41,rgILnY PREMISr j goeun*r l S 300,00a CLAIMSWDE FxR1OCCLIR I Mid ESuP(carry aw rson} 7 5,040 PERGOINArL&AOVINJURY $ t,Otl¢,04d — GIErERALAGGFIE qTE $ {i0Q,0U0 CEML AGGPE6AiE LIMIT APPLIL'S PEk P"0U JCTS-UWPPDP AGG $ 2,000,i)U0 JALIMBRELLALIA3 f t.OG S L�ABLItY OT1971A-D30-33 0�4IM2ot8 0�4f3afmm Iw$as�w€�Let rT TO DOL11LY INJURY(Per Pei ) S �.J54,404 ALLaF4 SHEDULEO AUTOS AUFCS E44CNLY wJURY fRnr aorJq$nI} $ 500,000 UTOS t�4F�OWFd=d _ ALJTQ$ ��8otidmtl�{ E S 740,�U0 8 IA3 x OCCUR rgQfB G91t4f2g19 II°Cc WE s t.000.0 0EXCESS L.I CLAIMS-FAADE RETEF(ftpNS 10000 -- 4JORKER$GUWE lSATW AND$MPLOWEAV LVOILITY WG STATU6 0 PROr'MBER XCLU E F_K£CiJrrVE TrK E:.L.EAGIaACC10€FfT 5 i3Ogp,000 ptanda r!fin EJEXi:LUpED'+ NIA 93-CV�S5T-5 02120120Y8 D212I>�2V19 iM�ntlatpry yI NFQ r yeS,rJcre Ibaunda+ C.L❑ISEFSE-EAEMPL OF CH31CRATI Y t.004,400 GL,MEASE•P 30eUNff S •• 1.�04,04U 13E3GRIPTt6NQF{IY1FLA7k0N5fLOCA.110o-rg0VEHICLrS FAtWhAGWb101,Add1151 e1Rbn-*rho-3dirduEs,rrriarewac isnmiulrirq CERTIFICATE HOLDEN CANCELLATION Orange County SHOULD ANY OF T"E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ExP�ATIDti as E TF{EREOIF NOTICE 4YILL eF DELIVERED IN PO Box 8181 ACCORDANCE mrrl THE POLICY PRovISIO NS. Hillsborough, NC 27278 A F?FMEgEkTALTI Y988 D ACQf2f}CORPORATION- +411 rights reSerYCd- ACORD 25;�0101D5) The A CORD name and IogQ are registers marks of ACORp 1CO148fi 1 3 4g.$ 11-15 2010 DocuSign Envelope ID:876AD9F4-8OE8-4EOE-8D72-4AF651E99D75 A ��0 CERTIFICATE OF LIABILITY INSURANCE DATE(M 10/01//2018 Y) 018 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 have ADDITIONAL INSURED provisions or 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 Trish Clark NAME: Trustpoint Insurance aCCONE. .. Ext: (540)389-0261 ac,No: (888)872-5496 16 East Church Ave E-MAIL tclark@trustpointins.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Roanoke VA 24010 INSURERA: AXIS Insurance Company INSURED INSURER B: Riley Surveying,P.A. INSURER C: 3326 Durham Chapel Hill Blvd INSURER D: INSURER E: Ste B-100 Dur NC 27707 INSURER F: COVERAGES CERTIFICATE NUMBER: 18-19 Master 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 ADDLSUBR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE To CLAIMS-MADE OCCUR PREMISES Ea occurrence)l $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $ JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) r $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Per Claim $1,000,000 A Professional Liability LHR882546206 08/10/2018 08/10/2020 Aggregate $2,000,000 Deductible $2,500 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) certificate provided as evidence of insurance CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Orange County Asset Management Services ACCORDANCE WITH THE POLICY PROVISIONS. 131 West Market Lane AUTHORIZED REPRESENTATIVE OF Hillsborough NC 27278 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD