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Home My WebLink About2019-157-E AMS - Riley Surveying Holloway property DocuSign Envelope ID:836A3E19-B1A7-4851-B49E-61502E03900D [Departmental Use Only] TITLE Holloway Survey FY 2019 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 1 lth day of March, 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: Survey of Holloway property as outlined in the attacheed proposal dated March 7t',2019 The term of this agreement rendered shall be from 3/12/2019 to 3/31/2019. 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 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 three thousdand and two hundred dollars , ($3,200). 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 12/18 1 DocuSign Envelope ID:836A3E19-B1A7-4851-B49E-61502E03900D 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 (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 Si n�: 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 eg coupt Mc• 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:836A3E19-B1A7-4851-B49E-61502E03900D 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. .,.r. — rwr nxTir-nrD DocuSigned by: DocuSigned by: By. 21 EMaACD454EF... B Department Director Title: rI Lp C- I UCI87A34a6... ri c�i ucn L 200 S. Cameron St. Riley Surveying,P.A. P.O. Box 8181 3326 Durham Chapel Hill Blvd Hillsborough,NC 27278 Durham,NC 27707 Revised 12/18 3 DocuSign Envelope ID:836A3E19-B1A7-4851-B49E-61502E03900D Riley Surveying, P.A. 3326 Durham Chapel Hill Blvd. Suite B-100 Durham, North Carolina 27707 SECOND ADDENDUM TO AGREEMENT FORTH PROVISION OF LIMITED PROFESSIONAL SERVICES DATE: March 7, 2019 CLI ENT: County of Orange 131 West Margaret Lane, Suite300 Hillsborough, NC 27278 Attention: Alan Dorman, Interim Di r. Asset Management Services PROJECT NAM E/LOCATION: Highway 70 Tracts Development Surveys Hillsborough, NC SCOPE AND EXTENT OF SERVICES: This Second Addendum to Agreement dated 21 May, 2018 is to provide additional survey mapping of three parcels for Holloway's release of financing on the affected parcel: Additional Survey Mapping Preparation of descriptions and mapping to prepare an Existing Conditions/Future Conditions Survey to address request from lending institution for information pertaining to: • The location of all improvements on the land • The area to be released (highlighted),with description of same • The area to be retained under mortgage/deed of trust,with description of same • The area to be added to the mortgage/deed of trust,with description of same Second Addendum Fixed Fee: $3,200.00 Special Provisions 1) No f i el dwork/new boundary survey to be performed. M appi ng shad I be based on previ oust y recorded pl ats by thi s Fi rm(R at Book 118 Page 105). 2) As per original Agreement. TheTermsand Conditions fol lowi ng this for m area part of this Agreement. This Agreement entered into as of the day and year first written above. CLIENT SURVEYOR Authorized Signature Phillip W. Riley, PLS President Phone—(919)667-0742 Fax—(919)402-0234 NC Firm LicenseC-1281 DocuSign Envelope ID:836A3E19-B1A7-4851-B49E-61502EO3900D CERTIFICATE OF LIABILITY I ;3 UR N E � FL(iAWoa'i9 0 ��8J2019 T10s CERTIFICATE IS ISSUED AS A MATTER OF WORMATION ONLY ANO CONFERS NO IJGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AIFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AF'FORISJ<J�7 BY THE POLICIES BELOW_ THIS CERPFIGATE OF INSURANCE DOES NOT COFFST#TIfTE Aw CONTRACT BErwEEN THE ISSUING INBUREI2(S), ALITHORIZZED REPRE$ENTATNE OR PRODUCER,AND THE CERTIFICATE HOLDER_ IMFORTANT-- IF the certlikaig-holder is an ADDITIONAIt INSUREb,the PoIIcYjies}must be endorsed_ If S UBROGATION I.S WAIVED, subject to the IerFn4% aril c=nditIchs of the Policy, certain Pofipies may require an Ondw,%merwL A 5tatemerlt on this otrYdficatie does not confer rights to th,- Cer#ificate holder In lieu of such undor"mvrd(s} FRMUCER Greg LOPLeMan, CP U raw - reg LaoBn-lan State Farm ln$uranoe I14ME EKtI 919 33-7TfI? NoI:919-s33 7713 -w 1[}4$ h3 Hwy 54 elf poolaEss=C�re>�,_ an.P�YSLSf�tBf89m.Cam_ arrboro, NC 27510 MuRM%I83AFFOikDII1GCOwPUWE 19AJ00 msuRER�Farm Fire and Gasua Com ny #3 IH3kIRF,p RILEYSURVEYING PA WsuRFR B:S�6ate Farm ltiaun al AirWrrrohilc Jr urance Compa„y Fa I-E 1008 Iwaul�c� - _ 3326 DURHAM CHAPEL HJLL SLVD 1HSLffW=RD DURHAM NC 27707- 695 Imsur&--RE IF3SI.IREk F_ - COVERAGES CERTIFICATE NUMBER: REYt.SION NUMBER: THIS JS TO CERTIFY THAT PIE POLICIE$ OF INSURANCE LISTED SELM HAVE BEEN ISSI}ED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICATEp_ NOPNI'THSTANDING ANY RFOLIIREMENT, TERM OR CCMITIOr4 OF ANY CONTRAPT OR OTHER OOCUMBdT Wf " RESPECT TO W11ICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFC4MF* BY THE POLICII±S DESCRQED HEREIN I$ SUejECT TO ALL THE TERMS, EXQA,U$IONS AND CONDTIONS OF SUCH POLICIES,LIMITS SHp{I N MAY HAVE BEEN REDUCED Sy PAID CLAIMS, LV • TYPE WIN SURA Nur; noL Pow"EIWP6Leer Nu1�ER LRIR8 GEwF nLLUSBk.ITr1YR, 93 r.+_ 0=024i8 0ZMW2M EACHUCX-.AeRENCE $ _ 1,000.0ou i CO41MEROIAL GENERAL LIA$IL4TY Pt.e%WE5{Esooagrm $ 41J,040 . CLAIMS-WDE F—x1 OCCUR MEdECP(rurycnePevecn�._ —'� PERSONA{t.AdV INJURY C NERAL"RFGATE L 2,QgQ,(5Qp GEHL AGGREGATE LsA3,-APpu I PER: P UCTS.COMM!"AGG S 2,1)00-000 rx{ POLICY Y FFC� - s AUTOMOg1LE LL4&IJT'r I U71 9714-MD 33 10J30l2ff1 B 1 Dt3WMt "' I LE LIMIT $ AWr AUTO BOULY3k,ILIRY{Perpurn 3 500,0d0 A r p 3LE0 AIJTOq5 AUTCtS 13F 'r1N3RY4pem— WT 1 5 50U,OQ HIRE[?AUTOS NON-UVMF.D a � �} AUTp • 5 100,000 5 A LI�IBRELLAr AA OC=R c.rw�CCUFIeE71cC 1« 1,000,044 >=2<GESSLI0 B 93•Gf4t-1S19-1 flJIl9IIf2bIJ# 0811I1f2I129 CL .. AIM$-HADE A2 PIFOATE S 1,(100-000 AL oF. XRCTf_nIrON$ 1000Q I A I WORKERS COMPENSATION WCSrAIU- ,OTFF 0 AMD EMPPLarERg L"ILITY ,r+N AFlY PRpPR]E7py,,pgf}iN R+r,KEGUTIVE EL.EhCH,+U~OI4EN£ $ 1,4[�G,O04 UnCEMEMBEREXCLUOED1 141A 93•CV-R463-3 02020020111 02J7aaJ2d2 jwMh org N NHF EL Dh�#-EA EMf'C0Y E S 1,0pq,013d If 5'ge,dese I RA Fritg Ued9f E.LDISEASP- ICY LIMIT I; 1,OOr},q(Fp I bEWRWTIGN OF OPPRATION!S e LOCATIONS e VEHICLES Otbdh ACURp 101.hddiNmal Reim.ha Sehedula.ir rkiwa spLam is mgykW CERTIFICATE BOLDER -CANCELLATION Orange County 514OULD All THE ASDVE D}ESCRMBED POLICIES BE CANCELLED BEFORE, THE EXPIkAtM UATIE THEREOF, 1`401TCE VWLL BE IDr;LIVEREB JN PO Box 8181 ACCO Rp CE WITH THE POMY PROVJSJON$- Hillsborough, NC 27278 # A 1)KiDF zr�7iA �0 1988-2010 ACORD CORD T N. All rights reserved. ACORD 25(201OM5) The AC0FZD name and Io96 are registered marks of ACORD f001486 132849.6 11-15�Ot4