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Home My WebLink About2019-267-E AMS - Riley Surveying Battle roof DocuSign Envelope ID:8CFODBE7-8B79-49E2-92BC-06D4EO10765E [Departmental Use Only] TITLE Battle Court Roof FY 2019 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 8th day of May, 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"),parry 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: labor, field measurements, computations and computer drafting necessary to prepare a roof survey of Battle Courtoom, as requested in November,2018, and detailed in provided Invoice for Project 1800_25, dated November 12,2018. The term of this agreement rendered shall be from November 1, 2018 to November 30, 2018. 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. Pam: 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 one thousand one hundred seventy dollars, ($1170). 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:8CFODBE7-8B79-49E2-92BC-06D4E010765E 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 (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. 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 11A 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 zeg c�tync. 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:8CFODBE7-8B79-49E2-92BC-06D4EO10765E 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: rDocuSignedby: By: QW& PbV*aln. By: Pu�� Kb_"f 21EF373ACD454EF.. )r Title: B1D3297F87A34d.6 200 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:8CFODBE7-8B79-49E2-92BC-06D4EO10765E Riley Surveying, P.A. 3326 Durham Chanel Hill Blvd. Suite B-100 Durham, North Carolina 27707 TODAY'S DATE: 1 1/12/2018 IN ACCOUNT WITH: Orange Co. Asset Management 131 W Margaret Lane Ste. 300 Hillsborough,NC 27278 PROJECT: Battle Court Fiouse Roof Hillsborough,NC ECEIVE KM 2 0 2019 PROJECT*: 180025 BY FOR PROFESSIONAL SERVICES RENDERED: Field measurements, computations and computer drafting necessary to prepare a roof survey of Battle Courthouse as requested. Two Man Survey Crew 3 hours @I65.Ihr 495.00 Professional Land Surveyor 114 hours rr 135/hr 540.00 Professional Land Surveyor 11 1 hour @ 1351hr 135.00 Please call to discuss this project that Jeff Thompson authorized in November,2018. Total $1,170.00 Phone—(919)667-0742 rileysurveyingpa.com NC Firm License C-1281 ElN 56-1947865 Due upon receipt DocuSign Envelope ID:8CFODBE7-8B79-49E2-92BC-06D4EO10765E ERTIFf TE F LIABILITY IN IDATL(11"DWrryyI U R N E ros�zo� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RJGHTS UPON THE CERTIFJCATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATlVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDZ J;l BY THE POLICIES BELOW- THIS CERTIFICATE OF INSURANCE DOES NOT CONST#TUTE A CONTRAc7 BETWEEN THE ISSUING INGURER(S), AUTHOR 7J=-D REPRESENTATfVE OR PRODUCER,AND THE CERTIFICATE HOLDER- IMPORTANT: If the certificate holder is an ADDITIOkAt,INSIfRftl,the POIIcYjies}must#1e endorsed. 9 F'-rJ5R0GA71Qlq I.S WAIVED,subject to the terms and randRIcF s of#hc policy, certain Policies may require an andorsamor& A statement on this C9rttfiiaate does riot confer rights to tl,e certificate holder In lieu of such endoraeFncngr.)- pR4LkICER Greg LOPeMan, CPCIJ whir - Gres Lap�m-lan StM Farm InSorance �fAx PH4IE EKtI $13�- � J 1+'LlCtNoF:919= ..'3- t 104-B N Hwy 54 Aa�IopEAS GFO-g,L2pemarl taam ayr arrboro, NC 27510 _ PMuRM%L3 AFFORDINGCOVERAGE _ nruolt IwsuREl�a:Sk�le Fame Fire ana Gasua Com ry _ 43 IH3LIRF,p RILEY SU RVEY1 NG PA W&UF9CR B: B Farm M*Vai AuwrnDeile 1rr3Uranaa co!np" � STE 100B laatllm7c 3326 DURHAM CHAPEL HJI L SLVD INSURER DJ_JRHAM NC 27707- 695 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS JS TO CERTIFY THAT FHE POLICIE$ OF 1NWRANQE LISTED BELOW HAVE BEEN ISSUED To THE INSURED N MED ABOVE FOR THE POLICY PERIOD INDICATEQ- NOTVIITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CchITRACT OR CTHER DOCUmEuT Wrr" RESPECT TO WLIICH THI$ CERWICATF MAY BE ISSUED OIL MAY PERTAIN, IME INSURANCE AFFORDFJ) BY THE POLICII±S DESCRIBED HEREIN I$ SUBJECT TO ALL THE TERMS. E%Q,USIOHS ANQ CONDrTIONS QF$UCH POLICIES,LItwTS S11CWH MAY HAVE BEEN REDUC;I"Q Sy PAID CLAIMS, NSR TYPE flF tli8'URgFpE DOL 3U—iR PO�IGT EFF ��w - POL ICY NUMBER y�6 FGL-AIM3-WDE L1A6rnY y ❑I �a G-Z005$ 0=201$ NCE MERpIaLGE➢IE'FWLLIl�$ILnYagrm� OCCLIR �Per�sn�Att-ADV INJURY _ S GENERALAGOMCATE 5 �,000.o p GEr1L AGGREGATE LIMIT APPiIEfi PER! FROUM;=0OMPY01"AGG S 2ri)00.004 PoLkl Y _P B . 4CG 071 I LE LIMITAUTOMOMLE LfAMLRY mrti s AWAUTO BODLYia,JLIRYFerpur p 3 500,0D0 A+JLT06++EQ SCIAEDLILAUTOS ED KOK'(twLRY;Per ma:2dwTo S 54U,IX10 HIRED AUTOS }( NON-U%%F.4 AUTOS S 1M.000 5 A UFIBRPLLAL►A OCCUR F+r`H 0(,`(,`WT1310E, € 1,004,000 e��re-1111-1 n8iyoi�ats 081101�0�9 . 0r.933 Ltw CLAIMS-MIADE — �.. AGGREGATE # 1,000-40 .Fn 11T1-I1EUN5 10,OUQ A 1WORKERSCOMPENSAMON WCSW OTFF 5 AhD EMPLUTE"LUWW TY T Fi AFlS'PaprR�-fC4.PAF§THER?EXECiITIVE EL.EACHh IPENT _ # i,44G,pp0 OFnCkvWEµBEREXCLUDED1 MBA 93�CV-Rdfi3 3 0202012011) 02r'20i2d�� - 4f Ns.doscr Im f{ryF E.L DBEASE-Ea EMI-0Y E S 1,pLTQ,ppO Jf yes,dos�rit�r prQgr p I E.L DIS€W-PC*ICY LIMIT ,S 1,OQ¢,gk1q tXSCRW TIOH OF OPF PL'n0N5 a LOCATIONS a wEHICLES{Anadh ACORD 10f,Ad&uonm FtAMj *a Scheduld,II mor9 Spam is raquirad) CERTIFICATE HOLDER CANCELLATION Orange County $HOULD AW1 TFip A50VE DESCRIBED POLICIES BE CANCELLED BEFORE THE EMPI T N DAT$ THEREOF, �1OME VWLL BE DELIVERED IN PO Box 8181 ACCoROA E w�t,Trir=POLKY PROVISION$- Hillsborough, NC 27278 y MTrrDIUMD ENTA �0 1988-2010 ACORD COIF? T N9 All rights reserved. ACORD 25{2010JQ5) The ACORD dame and logo are registered marks of ACORD i-o14B6 1328-09.6