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HomeMy WebLinkAbout2019-241-E DEAPR - Riley Surveying Twin Creeks DocuSign Envelope ID: F8057E6E-3837-4DFE-AEF9-BD8F83298798 [Departmental Use Only] TITLE Twin Creeks Survey Wk FY 2018-2019 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this Twelfth day of April, 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(the "Provider"), party of the second part; W ITNESSETH: 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: Servics include topogarhic work needed to obtain permits to replace two driveway culverts on the existing driveway to the old farmstead at the future twin Creeks Park site. Services include topographic mapping of the existing driveway location(within 75' of the existing culvert); locating Buckhorn Branch Creek(within 50' of the driveway); locating edge of pavement along old 86;locating any ulities within this area and to provide 1'contours within the same area. The term of this agreement rendered shall be from 4/12/2019 to 5/17/2019. 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 three thousand five hundred dollars, ($3,500). 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. Revised 12/18 1 DocuSign Envelope ID: F8057E6E-3837-4DFE-AEF9-BD8F83298798 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 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 NIA (if no additional insurance required mark NIA 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 teiefacsimile 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 11 A and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Priori . 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.orangecoun UnL.gov/depArtmen dvisionlcontracts.php.). Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation an 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. I47-86.81. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article Z 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 Revised 12/18 2 DocuSign Envelope ID: F8057E6E-3837-4DFE-AEF9-BD8F83298798 such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. 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. 0 R ANGF VOTTNTY PROVFDF.R QocuSigned by: Qocuftned by: B Ups, 4/22/2019 B �St, `WMS 4/15/2019 ► Vpaiul[F.IltiJllwtor Tip....fig'@82 Si dent 200 S. Cameron St. Jose Torres;Riley Surveying;PA P.O. Box 8181 3326 Durham Chapel Hill BIvd Suite B-100 Hillsborough,NC 27278 Durham,NC 27707 Reviscd 12/18 3 DocuSign Envelope ID: F8057E6E-3837-4DFE-AEF9-BD8F83298798 Riley Surveying, P.A. 3326 Durham Chapel Hill Blvd. Suite B-100 Durham,North Carolina 27707 AN ESTIMATE FOR THE PROVISION OF LIMITED PROFESSIONAL SERVICES DATE: March 18, 2019 CLIENT: Orange County 306A Revere Rd. Hillsborough, NC 27278 Attention: Marabeth Carr PROJECT NAME/LOCATION: County of Orange Partial Topographic Survey Carrboro, NC SCOPE AND EXTENT OF SERVICES: Field measurements,computations and computer drafting necessary to perform a field survey and prepare mapping of a portion of Buckhorn Branch located off of Old NC 86,within a tract of land(PIN 9860843227)as shown on attachment"A". Field survey and mapping shall accurately depict: one foot contour intervals,edge of pavement of NC 86,overhead utilities,treelines,existing culverts,stream channel for 50' north and south of culverts,approximately 75' of existing drive over the culvert. Included in the field survey and mapping will be the gravel entrance of the drive and it's associated culvert along with any other observable features that may impact on site design. Not to Exeed- $3,200.00 plus reimbursables Current rates are as follows: Principal PL5 $145.00 PLSII $135.00 1-man w/robotics/GPS $155.00 CADD Operator $95.00 2-man w/robotics $190.00 Survey Technician $85,00 2-man Survey Crew $165.00 Clerical $50.00 SPECIAL CONDITIONS: 1. We are prepared to Commence work within 1-3 weeks of execution of this Agreement. Please allow 2-4 days hence for completion of the survey which shall consist of a sealed survey and unsealed digital files (.dwg and.pdo. 2. The survey shall conform in all respects with 21 NCAC 56(NC Standards of Practice). 3. Vertical Datum(NAVD'88)will be determined by GPS observations. Phone—(919)667-0742 Email:jtorres@rileysurveyingpa.com NC Firm license No. 1281 Page 1 ❑F 2 Attachment ► Twin Greeks Park- Culvert Locations Legend Culvert r Culvert No. 2 l� l Twin Creeks Park 6 4.� Q a y Britton Dr 11 �f r ' 4, Gaogle E 7,rth -' i N c; 2018 500 ft r,. DocuSign Envelope ID: F8057E6E-3837-4DFE-AEF9-BD8F83298798 -- .,. CERTIFICATE OF LIABILITY INSURANCE °"TE 0812n/19 Dsrnsrzol s THIS CERTIFICATE 15 ISSUED A5 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- It the Certificate holder is an ADDITIONAL INSURED,the pollcy(ies)must he endorsed, It SUBROGATION IS WAIVED,subject to the terms and conditions of the Policy, certain policies may require air endorsement- A statement on this certificate dc)" riot confer rights to the certificate holder In lieu of such andarsemunt(s). PRDnuCER Greg LOpeman, Cl'CU CONTACT - NAME _Greq Lopeman State Farm Insurance PI40NC uuc.xa.-I�1n_ 1 3777�_ ____Finrc.tb 1 MIZ 13 LAIAIL a104-B NC Hwy 54 W Agbgss:Greg,Lopeman.WSL&Statelarm,com. CarrSaro. IBC 27510 INSU"_A( AI:EOROINGCOVERAaB_ rf�ucll INSURER A;State Farm Fire and waft Compj3 S IrlsuRCD RILEY SURVEYING PA 'lull.B:State Eerm Mutyal Automo_6iig-Inmrance Company 517E STE 100B INSUMERC: 3326 DURHAM CHAPEL HILL BLVD INSURERD' DURHAM NC 2(707-2695 INSURER F-- INsufIER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: I HIS 1S TO CERTIFY THAT THE.POLICIES OF INSURANCk 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, IHL INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUaJECT TO ALL THE TERMS, EXCLU_$IONS AND CONDITIONS[If-SUCH POLICIES-LIMITS SHOWN MAY HAVE BEEN REDUCF0 BY PAID CLAIMS. LTR TYPE OF ANcE 1.SUBR FOLIC Y POLICY E7IP P'CXICY NUMBER Dr(Ms LIMITS A LIASKM Y 93-CG-ZO05-8 02120r2019 02n=020 EnCri gCc ultNt NCE ; 1.000.000 CDAffAF:RCIAL GENERAL LIABILITY F I�tEAES I oex_urrnnne7_ 3DORDO CLAIM1t`rI/Ar1Ebl� OCCUR HIED DCi (Ary Orri Pefeun) S _5,000 i PERSONAL A ADV INJURY S 1.000,000 GENERAL AGGRFGAtE T 1: 2,0w,000 GENL ACHMOATE L kff APPLIFR PER PRODUCTS COMPrOIIAGG S 2.000.000 x POLICY mr10C - B AIITOIIOBILELIADIL]rY 071 9714-D30-33 1013OJ2018 1G13W2019 Ee COMUINLD LIMY 3 ANY AU IO BODILY INJURY ltrnef Per TALL 3 500 ,000 AUTZ)S rD x OS SCHEDULED OCOrLY IE;A„IRY(Par oomdorrl) — HOH-DVIHFD $ 500,000 HIRE❑AUTOS EX AUTOS rZErxx._r S 100.000 A U/IBRELLA 1JAB X GCCUR - ' L 93-GM-1111-1 1 Oarf01201ES Oar1D1z019 rAaHoccLaRa[Ncr S 1.000,000 "ICEM 9_ U" - CLAIMS-MADE AG(;PEGATE S 1,000.000 OFU 1 x RLTLNIHINS 1000.0 S A WORK CRS COMPFIFISATION - VVC S 1A I U OTIF AND EMPLOYERS'LIABILITY ANY PROPR1ETpRIPAA INfRer_XECUTIYC YIN IEL.EACH ACE:@i I OF S 1,000,000 F'tCIiWMB EHEXCLUDED: NIA 93-CVR463 Y❑ - -3 02/2012019 M012020 INIae I I ry In NMI E.L.OMrASF.EA ELO Mr' YE s 1,000,0f10 R yea,descrlto umm -- _- _ _ E.L DISCASF.POLICY LIf,117 I S 1.000,000 DESCRIPTION OF OPLRATION8 0 LOCATIONS I VEHICLES IAIIxh ACORD 101.AdW Ronal Roma."Sched,.la,Ir mere swco is rngcuredy CERTIFICATE HOLDER CANCELLATrrION Orangle County SItOULD AI0 Y OF THE A1IOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE rXPIFZATION DATE THEREOF, NOTICE WILL BE DELIVERED 1N PO BOx 8181 ACCORDA CE VY1TH THC POLICY PROVISIONS. Hillsborough, NC 27278 t AU►1.OR[ZED REAMENTAXM � p 01988-2010 ACORO CORPOt4AT ON, All rights resealed. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD 1001,P35 132849.6 11-15-7010 DocuSign Envelope ID: F8057E6E-3837-4DFE-AEF9-BD8F83298798 A ��0 CERTIFICATE OF LIABILITY INSURANCE DATE(M 04/16//2019 Y) 019 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 aCONN. 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 LIAB 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 $ Professional Liability Per Claim $1,000,000 A AEA003488-01-2018 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 HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Orange County Environmental Agriculture, ACCORDANCE WITH THE POLICY PROVISIONS. Parks and Recreation AUTHORIZED REPRESENTATIVE 306A Revere Road Hillsborough NC 27278 !</ ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD