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HomeMy WebLinkAbout2019-259-E DEAPR - Calyx Engineers 86 topo for Blackwood Farm DocuSign Envelope ID:341CF104-EB06-41CA-A2D2-F25E48FB1B6A [Departmental Use Only] TITLE Blkwd Park Topo 86 FY 2018-2019 ORANGE COUNTY CONTRACT UNDER S5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this Twenty third 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 CALYX Engineers and Consultants(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: Topographic survey work along Highway 86 adjacent to Blackwood Farm Park needed to design and consrct turning lanes into the park site. The term of this agreement rendered shall be from 4/23/19 to 5/24/19. 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 four thousand five hundred dollars, ($4,500). 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. 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 12118 1 DocuSign Envelope ID:341CF104-EB06-41CA-A2D2-F25E48FB1B6A Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http:llwww.oranpecountync.gov/departments/purchasinp divisionlcontracts.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. Indemni : 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 htW://www.oran eg couniync. og v/departments/purchasing division/contracts.phn.). 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 12118 2 DocuSign Envelope ID:341CF104-EB06-41CA-A2D2-F25E48FB1B6A 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 DocuSigned by: rl,OacuSigned by: '! B 5/3/2019 B wtlApu,tx. 4/23/2019 s„cFn,❑s��aass. ;tor Ti.._.cSRfKtV'M-oject Manager 200 S.Cameron St. Wendell R. Ball,PLS;CALYX Survey Manager P.O.Box 8181 6750 Tryon Rd Hillsborough,NC 27278 Cary,NC 27518 Revised I2118 3 DocuSign Envelope ID:341CF104-EB06-41CA-A2D2-F25E48FB1B6A =4CALYX ENGINEERS+CONSULTANTS April 4,2019 Marabeth Carr Landscape Architect Natural&Cultural Resources Division Orange County,North Carolina Re: EXISTING CONDITIONS — TOPOGRAPHIC SURVEY BLACKWOOD FARM PARK NC HWY 85 AND NEW HOPE CHURCH ROAD ORANGE COUNTY, NC Ms. Carr: CALYX Engineers and Consultants (CALYX is pleased to offer this proposal for professional surveying services. CALYX has a great deal of experience and expertise providing Existing Conditions and Topographic surveys as well as a full line of other professional surveying services including 3-D laser scanning,as-built surveys,ALTA/ACSM Land Title Surveys, Boundary surveys,wetland and stream surveys and, construction stakeout services, civil engineering and sub-surface utility engineering. We are confident that our capabilities and related experience fully qualifies us to provide you with superior consulting services. PROJECT UNDERSTANOING CALYX understands that the Natural&Cultural Resources Division of Orange County,NC is seeking a consultant:to provide surveying services of conducting existing condition surveys for planning and design work along NC Hwy 86 at Blackwood Farm Park in Orange County,North Carolina. The survey limits for this project are shown on the attachments. SCOPE OF SERVICES We propose to provide the following services: TASK S I ' ExiSTING CONDITIONS AND Tof3oGRAPHIC SURVEYS Topographic surveys will be performed according to the North Carolina Board of Engineers and Surveyors requirements for Topographic Surveys(NC-21 NCAC 56.1606) depicting one foot contour lines.Topographic Survey will include exterior existing conditions such as buildings,sidewalks, curb/gutter,paving,drainage features,concrete slabs,fences,and trees (if applicable)within the survey limits.Visible utility structures,including fire hydrants,power poles,manholes,vaults,traffic signal cabinets,valves,etc.,will be located on the survey. Corresponding top,bottom and invert elevations of storm and sanitary structures will also be recorded. Pipe sixes entering and exiting these structures will also be noted,where accurately attainable. Storm drainage and sanitary systems will be traced and located to one structure beyond the survey limits of the project. 67SO Tryon Road,Cary,NC 27518 P:919.836.4800 F:919.851.1918 "'• .p DocuSign Envelope ID:341CF104-EB06-41CA-A2D2-F25E48FB1B6A Assumptions This Proposal is based on the following assumptions. • CALYX Survey crews will be allowed access onto the subject property to complete the Survey. • CALYX Survey crews will be allowed parking at the area of subject property. Deliverables The following items will be submitted at the completion of the proposed work: • Signed and Sealed Topographical Survey ■ Digital AutoCAD or Micro-Station file of the Topographical Survey Fee Schedule Task Sl: Existing Conditions and Topographic Surveys............... ..$4 500.00 SuRvEy Exct"usioNs The following items are excluded from the Scope of Services: • Title search and independent research into title history,easements and tide of ad joiners being information typically provided by the.Title Company. • Appearance before courts or boards on matters of litigation or hearings related to the project,unless expressly specified in the scope of the project. • Right of way dedication,easement dedication or other platting services. ■ Utility As-Built Surveys. • Expenses for overnight delivery services. • Agency plat review fees. AoDIT{pNAL SERVICES Any item not listed in the Scope of Services or any item listed as exclusions will be deemed as additional services,and can be provided at standard hourly rates if requested by the Client. April 4,2019 Marabeth Carr Natural&Cultural Resources Division—Orange County Page 2 DocuSign Envelope ID:341CF104-EB06-41CA-A2D2-F25E48FB1B6A PROFESSIONAL LIABILITY CALYX maintains professional liability insurance for out negligent acts, errors, and omissions in accordance with the General Terms &Conditions (Last attachment). If the owner requires a higher Wnit of liability an additional fee to offset the additional cost of insurance can be negotiated. A certificate of insurance will be provided upon request of the client as proof of coverage. CALYX looks forward to working with you on this project. Please do not hesitate to call us if you have any questions regarding this proposal or the Scope of Services. If this proposal is acceptable,please execute and return one copy to me. We appreciate this opportunity and look forward to a great working relationship. Sincerely, Wendell R.Ball,PLS Survey Group Manager (919) 858-1876 wbawba ll@ca1yxengineers.corn PROPOSAL ACCEPTANCE: Authorized Representative Date Print or Type Name and Title of Authorized Representative Apri14,2019 Marabeth Carr Natural&Cultural Resources Division--Orange County Rage 3 DocuSign Envelope ID:341CF104-EB06-41CA-A2D2-F25E48FB1B6A ti 4ii;ji! 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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 poiicy(tes) 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 NAVE! Certificate Department Cavignac&Associates PHONE FAIL 450 B Street, Suite 1800 _(Alc,No :619-744 0574 c No:619-234-8601 San Diego CA 92101 ADDRes • rertificates@cavignac.com INSURE S AFFORDING COVERAGE NAICN _ INSURER A:Valley Forge Insurance Company 20508 INSURED NV5INCO-01 INSURER B:COntinerltal Insurance Company 35289 Calyx Engineers and Consultants, Inc. PO Box 33127 INSURER c:Berkley Insurance Company 32603 Raleigh, INC.27636 INSURER D:Continental Casualty Co. 20443 INSURER E:National Fire Ins.Hartford 20478 INSURER F COVERAGES CERTIFICATE NUMBER:342204136 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 TYPE OF INSURANCE ADDL SUER POLICY NUMBER PO DD�YY ff MM QIYYYY LIMITS LT A. x COMMERCIAL GENERAL LIABILITY 6057040530 5/1/2019 5I112020 EACH OCCURRENCE $1.000.000 CLAIMS-MADE I DAMAGE OCCUR S( aRENTED occurnancel $1.DD0,000 MED EXP An one rson $15.000 PERSONAL&ADV INJURY $1.000,000 GEUL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2.000,000 X POLICY ff]JJMECT 7 LOC PRODUCTS-GOMPIOPAGG $2,00D,000 OTHER: Deductible $0 ❑ AUTOMOBILE LIABILITY 6057040575 5/1/2019 6IM020 COMBINED SINGLE LIMIT $ Ea accfde 1-900999 x ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Peraccidenl) $ AUTOS AUTOS NON-OWNED PROPERTY❑AMAGE $ HIREOAIJTOS AUTOS r $ B X UMBRELLA LIAB x OCCUR CUE6076054554 511r2019 5/1/2020 EACH OCCURRENCE S20,000000 EXCESS LIAS CLAIMS-MADE AGGREGATE $20,000,000 DE I X RETENTION$(, $ E WORKERS COMPENSATION VVC6057040561 5/1/2019 511/2020 X PER OTH- AND EMPLOYERS'LIABILITY Y STATUTE ANY PROPRIETORIPARTNERIEXECUTIVE ❑ NIA E.L.EACH ACCIDENT $1.000,000 OFFICERIMEMaER EXCLUDED? tMandatary In NH) E.L.DISEASE-EA EMPLOYEE 51,000,DW If yyes,describe under RESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000 000 C Pfcfessronal Liability AEC902012003 51112019 511/2020 Each ClaimlAggregate $10MIS20M A Business Personal Property 6057040530 5I112019 511/2020 Limit $10,125,000 B LeasedlRented Equip 6057092160 51V2019 511/2020 Llmlt $1D0,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks 5chedute,may be attached if more space Is required) Re:Blackwood Farm Park.Excess/Umbrella policy follows form over underlying policies:General Liability,Auto Liability&Employers Liability(additional insured and waiver of subrogation apply).Professional Liability-Claims made form,defense costs included within limit.Property-Special form,replacement cast. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Orange County-Natural&Cultural Resources Division 306 Revere Rd. AUTHORIZED R EPRE 5 E NTATIVE Hillsborough NC 27278 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD