HomeMy WebLinkAbout2020-148-E AMS - Riley Surveying BOE utility and topo DocuSign Envelope ID:8BEA9913-12A1-4A06-9E5D-4435F48FD2F5
[Departmental Use Only]
TITLE BOE Survey
FY 2019-2020
NORTH CAROLINA
SERVICES AGREEMENT NO RFP/RFQ
ORANGE COUNTY
This Services Agreement (hereinafter "Agreement"), made and entered into this 26th day of
February, 2020, ("Effective Date") by and between Orange County, North Carolina a political
subdivision of the State of North Carolina (hereinafter, the "County") and Riley Surveying, P.A.,
(hereinafter, the "Provider").
WITNESSETH:
That the County and Provider, for the consideration herein named, do hereby agree as
follows:
1. Services
a. Scope of Work.
i) This Agreement is for services to be rendered by Provider to County with respect
to (insert type of project): Board of Elections partial topographic survey and
utility location survey.
11) By executing this Agreement, the 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.
iii) Time is of the essence with respect to this Agreement.
iv) The services to be performed under this Agreement consist of Basic Services, as
described and designated in Section 3 hereof. Compensation to the Provider for
Basic Services under this Agreement shall be as set forth herein.
2. Responsibilities of the Provider
a. Services to be provided. The Provider shall provide the County with all services
required in Section 3 to satisfactorily complete the Project within the time limitations set
forth herein and in accordance with the highest professional standards.
b. Standard of Care.
i) The Provider shall exercise reasonable care and diligence in performing services
under this Agreement in accordance with the highest generally accepted standards
of this type of Provider practice throughout the United States and in accordance
with applicable federal, state and local laws and regulations applicable to the
performance of these services. Provider is solely responsible for the professional
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DocuSign Envelope ID:8BEA9913-12A1-4A06-9E5D-4435F48FD2F5
quality, accuracy and timely completion and/or submission of all work related to
the Basic Services.
ii) Provider shall be responsible for all errors or omissions of its agents, contractors,
employees, or assigns 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.
iii) The Provider shall not, except as otherwise provided for in this Agreement,
subcontract the performance of any work under this Agreement without prior
written permission of the County. No permission for subcontracting shall create,
between the County and the subcontractor, any contract or any other relationship.
iv) Provider is an independent contractor of County. Any and all employees of the
Provider engaged by the Provider in the performance of any work or services
required of the Provider under this Agreement, shall be considered employees or
agents of the Provider only and not of the County, and any and all claims that may
or might arise under any workers compensation or other law or contract on behalf
of said employees while so engaged shall be the sole obligation and responsibility
of the Provider.
v) If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Provider represents that it and/or its
employees, agents and subcontractors engaged in such activities possess such
licenses, certifications, or credentials and that such licenses certifications, or
credentials are current, active, and not in a state of suspension or revocation.
vi) In determining the Basic Services to be provided, should any documents be
referenced in this Agreement, the terms of this Agreement shall have priority in
any conflict between the terms of referenced documents and the terms of this
Agreement.
vii) Should this Agreement involve project designs, the construction or creation of
which is to be bid out and/or fulfilled by other contractors, and bidding or
negotiation with contractors produce prices which, when added to the other
elements of the approved total project cost, produce a cost that is in excess of the
approved total project cost, the Provider shall participate with the County in
negotiation and design adjustments to the extent such are necessary to obtain
prices within the approved total project cost. All activity of the Provider with
respect to these matters shall constitute Basic Services and shall be performed by
the Provider without additional compensation. If negotiation and design
adjustments fail to bring costs within the total project cost the County may reject
all bids and Provider will redesign and/or reduce portions of the project in an
effort to reduce the bid prices to within the total project cost and rebid the project.
One such redesign is included within Basic Services. If this second letting for
bids does not produce bids that are within the approved total project cost initially
or after negotiations with the contractor the cost is not reduced to an amount
within the total project cost, the Provider is not obligated to engage in further
redesign.
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DocuSign Envelope ID:8BEA9913-12A1-4A06-9E5D-4435F48FD2F5
3. Basic Services
a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows
(fully describe services to be provided): To provide partial topographic and utility
surveying at the OC Board of Elections as per proposal dated 2/18/2020 and attachment
dated 2/13/2020.
4. Duration of Services
a. Term. The term of this Agreement shall be from 2/26/2020 to Completion.
b. Scheduling of Services.
i) The Provider shall schedule and perform its activities in a timely manner.
ii) Should the County determine that the Provider is behind schedule, it may require
the Provider to expedite and accelerate its efforts, including providing additional
resources and working overtime, as necessary, to perform its services in
accordance with the approved project schedule at no additional cost to the
County.
iii) The Commencement Date for the Provider's Basic Services shall be 2/26/2020.
5. Compensation
a. Compensation for Basic Services. Compensation for Basic Services shall include all
compensation due the Provider from the County for all services satisfactorily (as
determined by the County) performed pursuant to this Agreement. The maximum
amount payable for Basic Services shall not exceed Nine Thousand Three Hundred Fifty
and 0/100 Dollars ($9,350.00). Payment for satisfactorily performed Basic Services
shall become due and payable within thirty (30) days of Provider properly invoicing
County. Payment shall be subject to provisions of Section 5(b).
b. Disputes. In the event the amount stated on an invoice is disputed by the County, the
County may withhold payment of all or a portion of the amount stated on an invoice
until the parties resolve the dispute. 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.
c. Additional Services. County shall not be responsible for costs related to any services in
addition to the Basic Services performed by Provider unless County requests such
additional services in writing and such additional services are evidenced by a written
amendment to this Agreement.
6. Responsibilities of the County
a. Cooperation and Coordination. The County has designated (Sandra D'Arensbourg) to
act as the County's representative with respect to the Project and shall have the authority
to render decisions within guidelines established by the County Manager and/or the
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DocuSign Envelope ID:8BEA9913-12A1-4A06-9E5D-4435F48FD2F5
County Board of Commissioners and shall be available during working hours as often as
may be reasonably required to render decisions and to furnish information.
7. Insurance
a. General Requirements. 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 consist of N/A (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.
8. Indemnity
a. Indemnity. To the extent authorized by North Carolina law the Provider agrees, without
limitation, to defend, indemnify and hold harmless the County from all loss, liability,
claims or expense, including attorney's fees, arising out of or related to the Project and
arising from property damage or bodily injury including death to any person or persons
caused in whole or in part by the negligence or misconduct of the Provider except to the
extent same are caused by the negligence or willful misconduct of the County. It is the
intent of this provision to require the Provider to indemnify the County to the fullest
extent permitted under North Carolina law.
9. Amendments to the Agreement
a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional
compensation or a change in duration of this Agreement shall be made by a written
Amendment to this Agreement executed by the County and the Provider. The Provider
shall proceed to perform the Services required by the Amendment only after receiving a
fully executed Amendment from the County.
10. Termination
a. Termination for Convenience of the County. This Agreement may be terminated without
cause by the County and for its convenience upon seven (7) days' prior written notice to
the Provider.
b. Other Termination. The Provider may terminate this Agreement based upon the County's
material breach of this Agreement; provided, the County has not taken all reasonable
actions to remedy the breach. The Provider shall give the County seven (7) days' prior
written notice of its intent to terminate this Agreement for cause.
c. Compensation After Termination.
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DocuSign Envelope ID:8BEA9913-12A1-4A06-9E5D-4435F48FD2F5
i) In the event of termination, the Provider shall be paid that portion of the fees and
expenses that it has earned to the date of termination, less any costs or expenses
incurred or anticipated to be incurred by the County due to errors or omissions of
the Provider.
ii) Should this Agreement be terminated, the Provider shall deliver to the County
within seven (7) days, at no additional cost, all deliverables including any
electronic data or files relating to the Project.
d. Waiver. The payment of any sums by the County under this Agreement or the failure of
the County to require compliance by the Provider with any provisions of this Agreement
or the waiver by the County of any breach of this Agreement shall not constitute a
waiver of any claim for damages by the County for any breach of this Agreement or a
waiver of any other required compliance with this Agreement.
e. Suspension. County may suspend the Basic Services and this Agreement at any time for
County's convenience and without penalty to County upon three (3) days' notice to
Provider. Upon any suspension by County, Provider shall discontinue work on the Basic
Services and shall not resume the Basic Services until notified to proceed by County.
11. Additional Provisions
a. Limitation and Assignment. The County and the Provider each bind themselves, their
successors, assigns and legal representatives to the terms of this Agreement. Neither the
County nor the Provider shall assign or transfer its interest in this Agreement without the
written consent of the other.
b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights
of respective parties hereunder shall be governed by the laws of the State of North
Carolina. By executing this Agreement Provider affirms that Provider and any
subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter
64 of the North Carolina General Statutes. 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.
c. Non-Discrimination. 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 non-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 countync. ova/departments/purchasing_division/contracts.php.) Any
violation of the Orange County Non-Discrimination Policy 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.
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DocuSign Envelope ID:8BEA9913-12A1-4A06-9E5D-4435F48FD2F5
d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages
with respect to any provision of, or the performance or non-performance of, this
Agreement shall be brought in the General Court of Justice of North Carolina sitting in
Orange County, North Carolina. It is agreed by the parties that no other court shall have
jurisdiction or venue with respect to such suits or actions. Binding arbitration may not
be initiated by either Party, however, the Parties may agree to nonbinding mediation of
any dispute prior to the bringing of such suit or action.
e. Entire Agreement. This Agreement represents the entire and integrated agreement
between the County and the Provider and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be amended
only by written instrument signed by both parties. Modifications may be evidenced by
facsimile signatures.
f. Severability. If any provision of this Agreement is held as a matter of law to be
unenforceable, the remainder of this Agreement shall be valid and binding upon the
Parties.
g. Ownership of Work Product. Should Provider's performance of this Agreement generate
documents, items or things that are specific to this Project such documents, items or
things shall become the property of the County and may be used on any other project
without additional compensation to the Provider. The use of the documents, items or
things by the County or by any person or entity for any purpose other than the Project as
set forth in this Agreement shall be at the full risk of the County.
h. 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. It is expressly agreed that County
shall not activate this non-appropriation provision for its convenience or to circumvent
the requirements of this Agreement, but only as an emergency fiscal measure during a
substantial fiscal crisis.
In the event of a change in the County's statutory authority, mandate and/or mandated
functions, by state and/or federal legislative or regulatory action, which adversely affects
County's authority to continue its obligations under this Agreement, then this Agreement
shall automatically terminate without penalty to County upon written notice to Provider
of such limitation or change in County's legal authority.
i. Signatures. 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.
j. Notices. Any notice required by this Agreement shall be in writing and delivered by
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DocuSign Envelope ID:8BEA9913-12A1-4A06-9E5D-4435F48FD2F5
certified or registered mail, return receipt requested to the following:
Orange County Provider's Name
Attention:AMS Riley Surveying, P.A.
P.O. Box 8181 3326 Durham-Chapel Hill
Hillsborough,NC 27278 SuiteB 100,Durham,NC27707
[SIGNATURE PAGE TO FOLLOW]
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DocuSign Envelope ID:8BEA9913-12A1-4A06-9E5D-4435F48FD2F5
IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have
hereunder set their hands and seal, all as of the day and year first above written.
ORANGE COUNTY: PROVIDER:
OocuSigned by, OocuSigned by:
�bitilndf, r1�lWii�lFY��P1� 2/25/2020 1?E1F91A8215MC6
s(' '�bV s 2/24/2020
By: 063799d6755E477.. By. ..
Bonnie Hamersly, county Manager
Jose L. Torres, PLS Vice President
Printed Name and Title
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DocuSign Envelope ID:8BEA9913-12A1-4A06-9E5D-4435F48FD2F5
Riley Surveying, P.A.
3326 Durham Chapel Hill Blvd., Ste. B-100
Durham, North Carolina 27707
AN AGREEMENT
FOR THE PROVISION
OF LIMITED
PROFESSIONAL SERVICES
DATE: February 18,2020
CLIENT: County of Orange
131 West Margaret Lane, Suite 300
Hillsborough, NC 27278
Attn: Sandra D'Arensbourg, Capital Projects Manager
PROJECT NAME/LOCATION: Government Services Annex
Partial Topographic Survey
Hillsborough,NC
SCOPE AND EXTENT OF SERVICES: Deed research, field measurements, computations,
computer drafting necessary to perform a Partial Topographic Survey of 208 South Cameron Street
(PIN 9874-15-3612) as shown on an attachment herein referenced in order to prepare mapping
which accurately depicts: one foot contour intervals, building with finished floor elevations,
driveways,parking areas, edge of pavement and curbs, sidewalks, easements as found in the public
record, overhead utility wires/poles,marked underground utilities and storm/sewer structures w/
pipe data,treelines and other site improvements or features which may impact site design.
Boundary information will be based on plats and deeds of record only. The survey shall comply
with 21 NCAC 56 (NC Standards of Practice. The survey will be provided as a sealed hardcopy and
digital files (unsealed .pdf& Awg). Survey to be based on NAVD '88.
Fixed Fee- $9,350.00 (Including underground locator sub consultant fees) plus reimbursables
SPECIAL CONDITIONS: 1)We are prepared to commence work within two weeks.Weather
permitting,please allow approximately one week hence for survey
completion and map delivery.
2) Underground utilities will be surveyed and mapped based on
markings by a Private Contractor.
The Terms and Conditions following this form are a part of this Agreement.
This Agreement entered into as of the day and year first written above.
CLIENT SURVEYOR
Jos&Torres
Authorized Signature Jose L. Torres, PLS
Vice-President
Phone—(919)667-0742 Email:jtorreskrileysurveyingpaxom
NC Firm License C-1281
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DocuSign Envelope ID:8BEA9913-12A1-4A06-9E5D-4435F48FD2F5
RILEY SURVEYING,P.A.
STANDARD TERMS AND CONDITIONS-2020
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 a period of 10 days from the date issued.
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.
Fee: The total fee,unless stated,shall be understood to be an estimate. Fee assumes most property
corners are intact and closely related to deed/plat calls. 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 CADD Operator $95.00
2-man w/robotics $200.00 Survey Technician $85.00
2-man Survey Crew $175.00 Clerical $50.00
Reimbursables (copies,prints,stakes,sub-consultant fees,mileage,plat application fees,etc.)shall be
invoiced at cost plus 10%. Missing property corners shall be replaced at an additional cost of$100 each.
Billings/Payments: 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.
Late Payments: Accounts unpaid 30 days after the invoice date are subject to a monthly service charge of
1.5%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 Client(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
B 141.
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 be 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 Costs: 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.
Applicable 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 underground utilities marked by contacting 811 should the client so direct. If
811 or other utility locator marks or has marked any utilities,any mapping of said utilities should be considered
as approximate location only. The Firm shall not be held liable for any markings or lack of markings by utility
locators.
Page 2 of 2
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a CERTIFICATE OF LIABILITY INSURANCE 0211312020
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
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CERTIFICATE HOLDER CANCELLATION
Orange County Asset Mailagement SH ANY OF THE ABOVE ACSCRMED POLICIES BC CANCELLED BEFORE
TH r*" DATE THEREOF, NOTICE WILL BE DELIVERED I14
PO Box 8181 ACIORDr WrTH THE POLICY movjSjoms,
Hillsborough,?Crough, NC 27278
O ItrnrtCst:rnArrvE
�4� (
01988-M10 ACORD C RATK)N. All rights reserved.
ACORD 25(2010/051 The ACORD name and logo are registered marks of ACORD 1001486 13280-6 11-15-2010