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HomeMy WebLinkAbout2013-139 AMS - Burke Design Group for Misc Bldg CAD Floo Plans for Engineering Services $ 1,996 [Departmental Use Only] TITLE FY ORANGE COUNTY CONTRACT UNDER$10,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 19th day of April, 2013, ("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 Burke Design Group (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 (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: per attached proposal The term of this agreement rendered shall be from April 19, 2013 to May 31, 2013. 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 One thousand, nine hundred and ninty-six dollars, ($1,996.00). 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 Provider, 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: The Provider shall obtain, at its sole expense, all insurance needed to adequately insure itself during the performance of these services as required by the County's Risk Management Policy. Revised July 2010 1 5. The Provider agrees to defend, indemnify, and hold burnn|cmo Orange County from all losses, liabilities, claims, demands, suits, ousts, 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 oY the Provider. Ui Termination: This Agreement may be terminated at any time by mutual written agreement of the parties wchv the County upon written notice to the Provider. 7( Entire Agreement: The parties have read this Agreement and agree to he 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 hy the parties. Modifications may brevidenced bvtclefacmiuilesignature. 8. Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms ofthis Agreement such litigation abuU be initiated in the General Court of Justice of North Carolina seated in Orange County,North Carolina. 9. Non Appropriation: Provider acknowledges that County is u governmental entity, and the validity of this Agreement io huood upon the availability of public funding under the authority of its statutory mandate.Iothe 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 asof the day firm written above. ORAN PROVIDER By: By: Coun� Title: - '- 20VQ. Cameron St. BuckoDeoi n{}nouo P.O. Box 8l8l 3305-109 Durham Dr. Hillsborough,NC 27278 Raleigh,NC 27603 This instrument has been approved uuto technical content, Jef(T&6p�on, Department Director This instrument has been pre-audited io the manner required hv the Local Government Budget and Fiscal Control Act. e&44� A /,A� Office of the Finance Director approved This instrument has been as to form and legal sufficiency. Revised July 2O|O ? _ 3UFRKE DESIGN Grp■ OUP CONSUL'II-ING eNGINEERS 0 (919) 771-1916 ■ (919) 779--0826 Fax 3305-109 Durham Dr. ■ Raleigh, NC 27603 04/18/13 Wayne Fenton Orange County Asset Management Services Hillsborough, NC RE: Orange County Misc Building CAD floor plans Proposal for Engineering Services Dear Wayne: I am providing this proposal for the CAD assistance for the buildings noted below. We will provide the work on an hourly, "not to exceed" basis. In that way, you only have to pay for the exact hours expended up to the maximum amount noted. Please sign and return a copy to this office for our records. If you have any questions please feel free to contact this office. I look forward to working with you again on this project. Fee: Motor Pool- Fleet Services Bld= $1,296.00 Admin Building= $ 300.00 Community Center- Efand= $ 400.00 Sincerely, Ben Burke, PE Accepted Date BURKE-1 OP ID:BC CERTIFICATE OF LIABILITY INSURANCE DATE{04125f 25/1YYYY) 13 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 policy(les) 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 CONTA T THE YOUNG GROUP OF FUQUAY 919-552-8274 NAME: 411 N Judd Parkway NE,Suite A 919-552-4615 PHONE t FAX No): Fuquay-Varina,NC 27526 E ADDRESS: INSURERS AFFORDING COVERAGE NAIC N INSURER A:Hartford Underwriters Ins.Co. 30104 INSURED Burke Design Group,PA INSURER B:Erie Insurance Group 26271 Ben Burke INSURER C:National Casualty Company 3305-109 Durham Drive Raleigh,NC 27603 INSURER D: INSURER E, INSURER F: COVERAGES CERTIFICATE NUMBER: 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 LTR POLICY NUMBER POLICY WDDIYYYY MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,00 A X COMMERCIAL GENERAL LIABILITY 22SBAV06060 12/23112 12123/13 pREMI E.occurrence $ 1,000,00 CLAIMS-MADE DK OCCUR MED EXP(My one person) $ 10,00 X Business Owners PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $ 2,000,00 POLICY PRO LOG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,00 Ea ccldent B X ANY AUTO Q12-2330364 12123/12 12123/13 BODILY INJURY(Per person) $ ALL OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X AON SWNED accidenNAMAGE $(per UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN I A ANY PROPRIETOR/PARTNERIEXECUTIVE 22WBCRIB697 11/28/12 11/28/13 E.L.EACH ACCIDENT $ 1,000,00 OFFICERIMEMBER EXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEEI$ 1,000,00 ff yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT I$ 1,000,00 C Prof Liability AR00004706 08104/12 08104113 Prof Lia 1,000,00 Ded 2,50 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,H more space is required) CERTIFICATE HOLDER CANCELLATION ORANGEC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County Asset ACCORDANCE WITH THE POLICY PROVISIONS. Management Services PO Box 8181 AUTHORIZED REPRESENTATIVE 131 W.Margaret 3rd Floor 2 Hillsborough,NC 27278 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD