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HomeMy WebLinkAbout2013-502 AMS - Burke Design Group for SportsPlex Entry Renovations $25,000 da1,3- -F'o Z. )401s [Departmental Use Only] TITLE Sportsplex Lobby FY FY2013-14 NORTH CAROLINA SERVICES AGREEMENT UNDER$90,000.00 ORANGE COUNTY This Services Agreement (herinafter "Agreement"), made and entered into this 3�9t1'i day of Dec� nber, 2013, ("Effective Date") by and between Orange County, North Carolina a body politic and corporate of the State of North Carolina(hereinafter, the "County") and Burke Design Group, (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): Architectural and Engineering Design Services, Construction Document Preparation, and Limited Construction Administration Professional Services for the Orange County Sportsplex Lobby Renovation. ii) 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 Revised July 2010 1 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, 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) Provider agrees that Provider, its employees, agents and its subcontractors, if any, shall be required to comply with all federal, state and local antidiscrimination laws, regulations and policies that relate to the performance of Provider's services under this Agreement. vi) 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. 3. Basic Services a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): Description provided per attached proposal letter dated 9/4/13, entitled "Orange County SportsPlex Entry Renovation Proposal for Architectural and Engineering Services". 4. Duration of Services a. Term. The term of this Agreement shall be from September 30, 2013 to June 30, 2014. b. Scheduling of Services. i) The Provider shall schedule and perform his 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 his efforts, including providing additional resources and working overtime, as necessary, to perform his services in accordance with the approved project schedule at no additional cost to the County. Revised July 2010 2 iii) The Commencement Date for the Provider's Basic Services shall be September 30, 2013. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services under this Agreement except for any authorized Reimbursable Expenses which are defined herein. The maximum amount payable for Basic Services shall not exceed Twenty Five Thousand Dollars ($25,000). Payment for 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 (Jeff Thompson) 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 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. The Provider shall purchase and maintain and shall cause each of his subcontractors to purchase and maintain, during the period of performance of this Agreement: i) Worker's Compensation Insurance for protection from claims under workers' or workmen's compensation acts; ii) Comprehensive General Liability Insurance covering claims arising out of or relating to bodily injury, including bodily injury, sickness, disease or death of any of the Provider's employees or any other person and to real and personal property including loss of use resulting thereof, iii) Comprehensive Automobile Liability Insurance, including hired and non-owned vehicles, if any, covering personal injury or death, and property damage; and Revised July 2010 3 iv) Professional Liability Insurance, covering personal injury, bodily injury and property damage and claims arising out of or related to the performance under this Agreement by the Provider or his agents, Providers and employees. b. Insurance Rating. The minimum insurance rating for any company insuring the Provider shall be Best's A. lff` Providef'ddes"nat meet the insurance req, nts;the County's lick Manager must becunsultedn ilizing° hs Ament p > f c. Limits of Coverage. Minimum limits of insurance coverage shall be as follows: INSURANCE DESCRIPTION MINIMUM REQUIRED COVERAGE • Worker's Compensation Limits for Coverage A- Statutory State of N.C. Coverage B - Employers Liability $500,000 each accident and policy limit and disease each employee • Commercial General Liability $1,000,000 Each Occurrence; $2,000,000 Aggregate. • Automobile Liability Combined Single Limit$500,000 • Professional Liability NOTE .Insert coverage lirizits. required==by Risk Manaez if applicably; $1,000,000 per occurrence. d. Additional Insured. All insurance policies (with the exception of Worker's Compensation and Professional Liability) required under this Agreement shall name the County as an additional insured party. Evidence of such insurance shall be furnished to the County, together with evidence that each policy provides the County with not less than thirty (30) days prior written notice of any cancellation, non-renewal or reduction of coverage. 8. Indemnity a. Indemnity. The Provider agrees 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 bodily injury including death or property damage 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. Revised July 2010 4 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. 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. 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. c. 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. The Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. d. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, Revised July 2010 5 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. e. Seyerability. 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. f. 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. g. 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. h. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail,return receipt requested to the following: Orange County Provider's Name Attention: Jeff Thompson Burke Design Group P.O. Box 8181 3305-109 Durham Drive Hillsborough,NC 27278 Raleigh,NC 27603 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 C PROVIDER: r 4f G By: By: /�G � dw.�►G •� Revised July 2010 Ats�� 6 cc�23�a3 Printed Name and Title This instrument has been approved as to technical content. 0��/04 t, C_T(_ Jeff T ompson, Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. U a,�_� A 4, Office of the Finance Director This inst ent h n approved as to form and legal sufficiency. 0c of the County Attorney ,01 Revised July 2010 7 3URICE DESIGN GROUR CONSUL-1riNG IeNGuvEE RS benburke @nc.rr.com 0 (919) 771-1916 ■ (919) 779--0826 fax 3305-109 Durham Dr. ■ Raleigh, NC 27603 09/04/13 Jeff Thompson Orange County Asset Management Services Hillsborough, NC RE: Orange County SportsPlex Entry Renovation Proposal for Architectural and Engineering Services Dear Jeff: I am providing this proposal for the design of the renovations to the SportsPlex project per the preliminary drawings and scope as previously provided by this office and Ron Cox Architecture. We will provide full architectural and engineering services for the building project as outlined below. Schematic Design Phase(Not required, provided under previous contract) Design Development Phase Contract Document Phase Bidding (To be provided by owner,the design team will be available for questions, etc.) Construction Administration (Owner shall function as project manager.The design team will provide limited construction administration,consisting of shop drawings review,fielding design questions and providing bulletin drawings as required. This office will provide site visits for monthly meetings and pre-final and final inspections) This fee is based upon the stated scope. If further design or construction administration work is required due to circumstances outside the control of this office the work will be billed at the following rates. No additional work will conducted without the written consent of your office. Hourly rates are as follows: Architect/Engineer-$115.00 per hour Senior Designer-$85.00 per hour Designer-$65.00 per hour CADD Technician-$45.00 per hour The design drawings will be billed on a monthly basis at the costs listed below: Engineering Design= $12,500.00 Architectural Design =$12,500.00 Total Design Fees=$25,000.00 Additionally, expenses will be billed at the following rates: Printing—Cost +10% Mileage-$0.55 per mile Plots-$3.00 per plot 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. Sincerely, Ben Burke, PE Accepted Date BURKE-1 OP ID:SJ CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDWYYYY) 11/25113 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(ies) 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 919-552-8274 CONTACT THE YOUNG GROUP OF FUQUAY 919-552 4695 PHONE FAX 1411 N Judd Parkway NE,Suite A c No.Ext): Arc J: Fuquay-Varina,NC 27526 EMAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Hartford Underwriter Ins.Co. ;30104 INSURED Burke Design Group,PA INSURER B:Erie Insurance Group 26271 Ben Burke 3305-109 Durham Drive INSURERC: Raleigh,NC 27603 INSURERD; 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. INS TYPE OF INSURANCE POLCY EFF POLICY EXP LTR POLICY NUMBER MMA)DlYYYY I (MWDPNYYYI i LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY 22SBAVD6060 12/23/13 12/23/14 UAI A-GET0-RENTED PREMISES Ea occurrence $ 1,000,00 CLAIMS-MADE OCCUR MED EXP Any one person) S 10,00 X Business Owners PERSONAL&ADV INJURY $ 1,000,00 I __I AT i GENERAL AGGREGATE S 2,000,00 GEN%AGGREGELIMITAPPLIESPER: PRODUCTS-COMPIOPAGG S 2,000,00 jEGT POLICY^ V PRO- n LOC S AUTOMOBILE LIABILITY LIMIT COMBINED SINGLE 1 �Ea eocldenq $ 1,000,000 B X ANY AUTO Q12-2330364 12/23/13 12/23/14 ;BODILY INJURY(Per person) 'j$ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident)is X , NON-OWNED PROPERTY DAMAGE HIRED AUTOS X $ AUTOS Per accident Is UMBRELLA LIAR I OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE I AGGREGATE I$ DED RETENTIONS 5 WORKERS COMPENSATION X WC STAN- = OTH- AND EMPLOYERS'LUIBILITY. Y/N T-QBINKMS 1 ER A ANY PROPRIETORIPARTNERfEXECUTIVE 22WBCRI8597 11/28/13 j 11/28114 E.L.EACH ACCIDENT Is 1,000,000 OFFICERIMEMBER EXCLUDED? N!A I(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S 1,000,000 E If yes,describe under DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT S 1,000,000 C Prof.Liability AR00005085 08/04/13 08/04/14 Limit 1,000,00 ded 2,500 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,H more space is required) i CERTIFICATE HOLDER CANCELLATION ORANGEC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County,NC Government THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN g tyr ACCORDANCE WITH THE POLICY PROVISIONS. 131 W.Margaret Lane \,�( ,� ` {(����/� Hillsborough, NC 27278 AUTHORIZED REPRESENTA'*- �-�4 0. C act I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD