Loading...
HomeMy WebLinkAbout2022-013-E-AMS-Riley Surveying, P.A-Efland EMS Station Recombination PlatRevised 06/21 1 [Departmental Use Only] TITLE Efland Recomb Plat FY 2021-2022 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, is between Orange County, North Carolina, a body politic organized under the laws of the State of North Carolina, (the "County"), and Riley Surveying, P.A. (the "Provider"). W I T N E S S E T H: 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 services set out below to the County in accordance with the terms of this Agreement, time being of the essence. The services or materials or construction (hereinafter referred to collectively as “Services”) to be furnished under this Agreement are as follows: Efland EMS Station Recombintation Survey per proposal dated Janaury 4, 2022 The term of this agreement rendered shall be from January 6, 2022 to February 28, 2022. 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 (as determined by the County) performed in accord with this Agreement. The amount to be paid by the County shall not exceed Four Thousand, Five Hundred Dollars, ($4,500.00). 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 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is DocuSign Envelope ID: C8F30F0B-982E-4E11-8FF9-33EF71C0A2B1 Revised 06/21 2 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 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. 5. Indemnity: To the extent authorized by North Carolina law 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 . It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 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 this Agreement is 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.orangecountync.gov/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 Cha pter 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. Regardless of the outcome of said litigation each party is responsible for its own costs and fees, including attorneys’ fees. DocuSign Envelope ID: C8F30F0B-982E-4E11-8FF9-33EF71C0A2B1 Revised 06/21 3 10. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public fundi ng under the authority of its statutory mandate. In the event that public funds are unavailable or 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 or non-appropriation of public funds. IN WITNESS WHEREOF, this Agreement is effective upon its execution by Orange County and the Provider. ORANGE COUNTY PROVIDER By: _________________________ By: _________________________ Department Director Title: ________________________ 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 DocuSign Envelope ID: C8F30F0B-982E-4E11-8FF9-33EF71C0A2B1 1/6/2022 Vice-President 1/10/2022 Revised 06/21 4 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: Riley Surveying, P.A. Party/Vendor Contact Person: Jose Torres (jtorres@rileysurveyingpa.com) Contact Phone: 919.667.0742 Party/Vendor Address: 3326 Durham Chapel Hill Blvd. Ste B-100 City Durham State: NC Zip: 27707 Department: AMS Amount: $3,900 +$600 (Reimbursables) for a total of $4,500.00 Purpose: Efland EMS Station Recombination Plat Budget Code(s): 61370035-870001-10053 Vendor # 52775 (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date 1/6/2022 Approved by Board Yes No Agenda Date: --- For Section XIV. c. contracts only, Approved by Board in Current FY Budget Yes No This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement: Department Director’s Signature ________________________________________ Date: ________ Agreements for emergency services or repair are not subject to the above affirmation. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency condition that was addressed: N/A Information Technologies (Applicable only to hardware/software purchases or related services) This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board Received for record retention: All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: C8F30F0B-982E-4E11-8FF9-33EF71C0A2B1 1/6/2022 1/7/2022 1/7/2022 1/9/2022 Riley Surveying, P.A. 3326 Durham Chapel Hill Blvd. Suite B-100 Durham, North Carolina 27707 AN AGREEMENT FOR THE PROVISION OF LIMITED PROFESSIONAL SERVICES DATE: January 4, 2022 CLIENT Orange County PO Box 8181 Hillsborough, NC 27278 Attn: Angel Barnes, Capital Projects Manager PROJECT NAME/LOCATION: Efland EMS Station Recombination Survey Efland, NC SCOPE AND EXTENT OF SERVICES: Deed research, field measurements, computations and drafting and co-ordination with Orange County Planning/Owner/Orange County Register of Deeds necessary to prepare a Recombination Survey for the properties located at 3800 US 70 (PINS 9844- 78-8137 & 9844-78-6252) comprising of 4.15+ acres necessary to recombine from existing two lots into one lot, prepare planning review application and revise as necessary to obtain approval to record. This survey shall conform in all respects with 21 NCAC 56 and GS 47-30. Fixed Fee: $3,900.00 plus reimbursables Special Condtions: 1) We are prepared to begin work within 4-6 weeks upon acceptance of this Proposal of Agreement. Please allow approximately 4-6 weeks to complete/record after we get started due to current planning turn around timeframe. 2) Orange County Planning approval of Recombination Survey is expected but cannot be guaranteed by Riley Surveying, PA. 3) Digital file to be provided in Rel. 2007 by project engineer. 4) Fee includes 1st resubmittal to the County after review comments have been addressed. The Terms and Conditions following this page are a part of this Agreement. This Agreement entered into as of the day and year first written above. CLIENT SURVEYOR _____________________ José Torres Authorized Signature José Torres, PLS Vice-President Phone – (919)667-0742 jtorres@rileysurveyingpa.com NC Firm License C-1281 Page 1 of 2 DocuSign Envelope ID: C8F30F0B-982E-4E11-8FF9-33EF71C0A2B1 Riley Surveying, P.A. Standard Terms and Conditions – 2022 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 f rom 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 as fixed fee, shall be understood to be an estimate. Fee assumes most property corners are intact and closely related to deed/plat calls. Where the fee arr angement 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. Invoice s 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. T here 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 re asonable 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 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, t o 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 rev erse of this Agreement. Such causes include, but are not limited to, the Firm's negligence, er rors, 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 Cl ient 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 a ny 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 util ity 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 a s approximate location only. The Firm shall not be held liable for any markings or lack of mar kings by utility locators. Page 2 of 2 DocuSign Envelope ID: C8F30F0B-982E-4E11-8FF9-33EF71C0A2B1 DocuSign Envelope ID: C8F30F0B-982E-4E11-8FF9-33EF71C0A2B1 DocuSign Envelope ID: C8F30F0B-982E-4E11-8FF9-33EF71C0A2B1