HomeMy WebLinkAbout2019-532-E DEAPR - Riley Surveying Twin Creeks additional survey work DocuSign Envelope ID:C1E6582F-30E7-4FFE-8A42-B792ACDE7CD4
[Departmental Use Only]
TITLE Add Twin Cks Survey Wk
FY 2019-2020
ORANGE COUNTY
CONTRACT UNDER$5,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this Second day of August, 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;
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: Additional field measurements, computations and
computer drafting necessary to perform a field survey and prepare mapping of"Areas 1 and 2"as per exhibit
by Civil Consultants, incorporated herein by reference. These two areas will be tied to the existing
Topographic Survey of a portion of Twin Creeks Park, dated May 7, 2019 by Riley Surveying, PA. Field
survey and mapping shalt accurately depict: one foot contour intervals,overhead utilities with sag elevation,
treelines and the existing gravel drive along with any other observable features that may impact on site
design.
The term of this agreement rendered shall be from 8/2/2019 to 8/30/2019.
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
thousand six hundred dollars,($3,600). 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
Revised 12/18 1
DocuSign Envelope ID:C1E6582F-30E7-4FFE-8A42-B792ACDE7CD4
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
Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is
incorporated herein by reference and may be viewed at
htto://www.oranpecountync. og v/departments/purchasin,gdivision/contracts.nhy). 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.
G. 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 d$.
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 ail 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.orangecountync.gov/departments/purchasinpdiyision/contracts.phu.). 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 Iimit 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.
Revised 121E8 2
DocuSign Envelope ID:C1E6582F-30E7-4FFE-8A42-B792ACDE7CD4
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.
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.
nrr�z rnTrwrri�
OF oocusignea by: P1tU n IUD Sig by,
�p Sf�C 8/7/2019 8/2/2019
By B ,�bSt, �Vin.S
611CFA1D507A495.
ueparcmenl ulrector Ti,.-.609WOYAi dent
200 S. Cameron St. Jose Torres; Riley Surveying; PA
P.O. Box 8181 3326 Durham Chapel Hill Blvd Suite B-100
Hillsborough,NC 27278 Durham,NC 27707
Revised 12118
DocuSign Envelope ID:C1E6582F-30E7-4FFE-8A42-B792ACDE7CD4
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: August 1, 2019
CLIENT: Orange County
306A Revere Rd.
Hillsborough, NC 27278
Attention; Marabeth Carr
PROJECT NAME/LOCATION: County of Orange
Additional Partial Topographic Survey
Carrboro, NC
SCOPE AND EXTENT OF SERVICES: Additional Field measurements,computations and
computer drafting necessary to perform a field survey and prepare mapping of"Areas 1
and 2"as per exhibit by Civil Consultants,incorporated herein by reference. These two
areas will be tied to the existing Topographic Survey of a portion of Twin Creeks Park,
dated May 7, 2019 by Riley Surveying, PA. Field survey and mapping shall accurately
depict: one foot contour intervals,overhead utilities with sag elevation,treelines and the
existing gravel drive along with any other observable features that may impact on site
design.
Hourly Not to Exeed- $3,600.00 plus reimbursables
SPECIAL CONDITIONS:
1. We are prepared to commence work within 5-10 days of execution of this
Agreement. Please allow 3-5 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. Cost estimate is based on Areas 1 and 2 being surveyed at the same time.
The Terms and Conditions contained in the attached Terms and Conditions shall govern the execution of this
Agreement.
This Agreement entered into as of the day and year fist written above.
CLIENT SURVEYOR
Jose,To-rres�
Authorized Signature Jose L.Torres, PLS
Vice-President
DocuSign Envelope ID:C1E6582F-30E7-4FFE-8A42-B792ACDE7CD4
Phone—(919)667-0742 Email;jtorres@rileysurveyingpa.com
NC Firm License No. I281
Page 1 of 2
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 20 days.
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.
Fm The total fee,unless stated,shall be understood to be an estimate. 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 CARD Operator $95.00
2-man w/robotics $200.00 Survey Technician $85.00
2-man Survey Crew $175.00
2-man Construction Stakeout $225.00 Clerical $50.00
Reimbursables[copies,prints,stakes,sub-consultant fees,mileage, plat application fees,etc.]shall be
invoiced at cost plus 10%.Missing proper corners shall be replaced at an additional cost of$100
each
Billings/Payment; 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.
Monies due paid by credit card will incur a 3%convenience surcharge.
Late P yments: Accounts unpaid 30 days after the invoice date are subject to a monthly service
charge of 1.50A 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 CIient(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 B141.
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 he 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 Casts: 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.
A 1p� i�lc 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 under,gmundutilities marked by contacting1m
should the client so direct. If 811 or other{itility locator marks or has marked any utilities,
DocuSign Envelope ID:C1E6582F-30E7-4FFE-8A42-B792ACDE7CD4
any mapWug-of said utilities shaul ni . The Firm
hall not be he]d liable for any ma rkangs or lack-of markinu by utili ty locators.
Page 2 of 2
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CERTIFICATE OF LIABILITY INSURANCE FDATE`M820119"'
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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 palicAiesy must be endorsed. If SUBROGATION IS WAIVED,subject to the
terms and conditions of the Policy, certain Policies may require all endorsement. A statement on this cortificate dons not confer rights to the
certificate holder In lieu of such undorsoniviAls]-
PrrDOUCER Greg Lopeman, CPCU Nn�I!iIACr G r6'9 L an
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State Farm Insurance PHONE
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Na,ea1 Q$ 'J3 T77f� FAX*9j--9i9 933 7713
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REO RILEY SURVEYING AA INSWRFR a.:stare Farm Mutual Autorno6rle Insurance Comp" xstTB
STE 100B INaurrETec:
3326 DURHAM CHAPEL HILL BLVD N$U1tE1tO� —
DURHAM NC 2f707-2695 tNSUNkR E:
WSUREN F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
I HIS IS TO CERTIFY THAT IkIL POLICIES OF INSURANCI:LISTED BELOW IMVE BEEN ISSUED Td THE INSURED NAM LD ABOVE FOR THE POLICY PLRIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTEiER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BF ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBFO HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHQNN MAY HAVE BEEN REDt1CFD BY PAID CLAIMS.
IISR TYPE OF INSURANCE L SUER '1 PCILICY t:FF 1CY NUMEER I POLICY EI(P - -
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CERTIFICATE HOLDER CANCELLATION
Orange County SHOULD AJ6 OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE IEXPIPt TIdN DATE: PIEREOF. NOTICE WILL BE DELIVERED IN
PO Box 8181 ACCORDANCE Y ATH THE POLICY PROVIStONS-
Hillsberough, NC 27278
AUTNbRLYED n[ ENTA C '
CJ 1988.2010 ACORD CORPOI4AT ON. All rights resQrved.
ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD I0014H6 137.849.6 11-15-2010
DocuSign Envelope ID:C1E6582F-30E7-4FFE-8A42-B792ACDE7CD4
�® CERTIFICATE OF LIABILITY INSURANCE OATE[MMIDDIYYYYI
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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 HOT 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(les)must have ADDITIONAL INSURED provisions o►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 endorsementtsy.
PRODUCER CONTACT Trish Clark
NAME:
Trustpoint Insurance PHONE (540)389-0261 FAX C Na E FAX
(888)872-5496
Na
16 East Church Ave E-MAIL tdark®trustpointins.com
ADDRESS:
INSURER(S)AFFCRDING COVERAGE NAIC#
Roanoke VA 24010 INSURERA: AXIS Insurance Company
INSURED
INSURER B
Riley Surveying,P.A. INSURER
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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSU RA NCE AFFOR D E D BY THE POLICIES DESCRIBED HEREIN I SUBJECT TO ALL THE TERMS,
EXCLUSIONSAN❑CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR AIJUL 5UUR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE likka WVDPOLICY NUM DER MMIDIIM'YY MMIDDrYYYY LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S
CLAIMS-MADE ❑OCCUR DAMAGE T RENTED
PREMISE Ea occunence $
MED E%P(Any one person) s
PERSONAL&ADV INJURY S
GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGAT I- S
POLICY 0 JPET D LOC. PRODUCTS-COMPIOPAGG 5
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLELIMIIT $
Ea accident
ANYAUTO BODILY INJURY(Par person) $
OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Peraccidenl) $
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accFdenl
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAS HCLAIMS-MADE AGGREGATE $
DEC) I I RETENTION$ $
WORKERS COMPENSATION PER pTH-
ANDEMPLOYERS'LIABILITY YrN STATUTE ER
ANY PROPRIETORIPARTNERIEXECUTIVE ❑ NIA
E.L.EACH ACCIDENT $
OFFICERIMEMBER EXCLUDED?
(Mandatory InNHE E.L.DISEASE-EA EMPLOYEE $
Ifyes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
Professional Liability Per Claim $1,000,000
A AEA003488-01-2018 08/1012018 08/10/2020 Aggregate $2,000,000
Deductible $2,500
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD tat,Additional Remarks Schedule,may be attached if more space Is requl rod I
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
Orange County Env ironmentalAgriculture, ACCORDANCE WITH THE POLICY PROVISIONS.
Parks and Recreation
306A Revere Road AUTHORIZED REPRESENTATIVE
Hillsborough NC 27278 ` 4:to�
471988-2015 ACORD CORPORATION. All rights reserved.
ACORD 2512016103) The ACORD name and logo are registered marks of ACORD