Loading...
HomeMy WebLinkAbout2014-580-E AMS - Corley Redfoot Architects, Inc. for Civil Engineering Services at 125 East King Street Parking lot $5,000DocuSign Envelope ID: 0194D383- 8EB4- 4F7C- 8ADB- AF607B72B27E [Departmental Use Only] TITLE King Street Engineering FY 2015 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 1St day of December, 2014, ( "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 Corley Redfoot Architects, Inc. (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: Civil Engineering Services at 125 East King Street Parking lot, per provided proposal. The term of this agreement rendered shall be from December 1, 2014 to December 31, 2014. 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 five thousand dollars, ($5,000). 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 Owner's Risk Manager as such insurance requirements are described in the Orange County Revised 10/14 DocuSign Envelope ID: 0194D383- 8EB4- 4F7C- 8ADB- AF607B72B27E Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://orangecotiptync.gov/purchasing/contracts.asp). If Owner'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 Owner's Risk Manager. 5. Indemni : The Provider agrees 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. 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. 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. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. 8. Priori : 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. Governing Law: aw: 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 of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. 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 anti - discrimination laws. 10. 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. 11. 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. [SIGNATURE PAGE TO FOLLOW] Revised 10/14 2 DocuSign Envelope ID: 0194D383- 8EB4- 4F7C- 8ADB- AF607B72B27E IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY D— Signed by: BB F�&,lndt, (immt rs[" y: �06 ]994 75 E Co- -x•unty t47] anager 200 S. Cameron St. P.O. Box 8181 Hillsborough, NC 27278 Revised 10/14 PROVIDER By. �D— Signed by: d�t ic�t at ( �. liaw�w,e lrS(t r�� (�. . pviwapat A2D2A6696167496... Corley Redfoot Architects, Inc. 222 Cloister Court Chapel Hill, NC 27514 DocuSign Envelope ID: 0194D383- 8EB4- 4F7C- 8ADB- AF607B72B27E corley redfoot architects inc, orchltects I engineers I planners October 15, 2014 Wayne Fenton Asset Management Services Assistant Director Orange County Government P. O. Box 8181 131 West Margaret Lane, Third Floor Hillsborough, NC 27278 RE: Design Proposal for Civil Engineering Services To Repair the Existing Storm Pipe at the 125 East King Street Parking Lot Dear Wayne: 222 cloister court chapel hill, nc 27514 t: 919,401,8586 vrww. corl eyredfootarcht tects.com I am writing to provide you with a fee proposal for Civil Engineering Services on the above referenced project. The design will involve the replacement of a collapsed pipe in the parking lot of 125 East King Street, Our fees will cover preparation of the plans, details and specifications as well as construction administration, We propose to complete the services for a fee in the amount of $ 5,000 (Five Thousand Dollars). If you have any questions or need anything else, let me know. If this is agreeable, please sign and return a copy of this letter, Sincerely, 1'".. Michael Principal Accepted Date UUI:UJIIyII CIIVCIUPt! IU. Uly'#UJOJ- OCDq -qrt U- OML)D -mrOUr DrLDLrC AC.VKU CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 11/13/2014 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 Business Insurers of Carolinas 800 Eastowne Drive, Suite 208 PO BOX 2536 Chapel Hill NC 27515 -2536 CONTACT Patty Miller NAME: y PHONE , (919) 968 -4611 AA/C No: (919) 968 -8991 ADDRIESS:Pom @business- insurers.com INSURERS AFFORDING COVERAGE NAIC # INSURERA:Continental Western 10804 INSURED Corley Redfoot Architects, Inc 222 Cloister Court Chapel Hill NC 27514 INSURERB:Stonewood Ins. Co. 11828 INSURERC: INSURERD: INSURER E : $ 1,000,000 INSURER F: X COMMERCIAL GENERAL LIABILITY COVERAGES CERTIFICATE NUMBER:2014 -2015 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 LTR TYPE OF INSURANCE ADD S BR D POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREM SESOEa occur ence $ 100,000 A CLAIMS -MADE FX OCCUR CPA1008189 7/9/2014 /9/2015 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OPAGG $ 2,000,000 X POLICY PRO- LOC JFCT $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 X BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS PA1008189 /9/2014 /9/2015 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS AUTOS Uninsured motorist BI split limit $ 1,000,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 AGGREGATE $ A EXCESS LIAB CLAIMS -MADE DED I X I RETENTION$ C $ PA1008189 7/9/2014 /9/2015 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN X WC STATU- OTH- TORY LIMITS ER_ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED7 (Mandatory in NH) NIA C10000022052013A 12/31/2013 12/31/2014 E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYE $ 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: 125 E King Street Hillsborough NC Parking Lot Repairs CERTIFICATE HOLDER CANCELLATION Orange County PO Box 8181 Hillsborough, NC 27278 ACORD 25 (2010/05) INS025 (9mnnm m SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Patty Miller /PATTY � � �- d ©1988 -2010 ACORD CORPORATION. All rights reserved. Thn A(`r )Pn nmmn onrl Innn nrn rnniafarnrl mnrlrc of Ar..r)Pr1 DocuSign Envelope ID: 0194D383- 8EB4- 4F7C- 8ADB- AF607B72B27E 16-. O CERTIFICATE OF LIABILITY INSURANCE `.� F11/14/2014 DATE(MMIDD /YYYY) 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 CONTACT Linda Love NAME: PHONE (704) 799 -1600 IC. No): (704) 799 -2955 Insurance Management Consultants, Inc. P.O. BOX 2490 E -MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC q INSURER A:Beaz ley Insurance Company, Inc. 37540 Davidson NC 28036 INSURED INSURER B : INSURERC: Corley Redfoot Architects, Inc. INSURERD: DAMAGE TO RENTED PREMISES Ea occurrence 222 Cloister Court INSURER E: $ PERSONAL & ADV INJURY INSURER F: Chapel Hill NC 27514 COVERAGES CERTIFICATE NUMBER: 6/7/14 Renewal 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 POLI LIES. LIMITS SHOWN MAY HAVE BEEN REDU CED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL S 5 BR D POLICY NUMBER POLICY EFF MM /DD /YYYY POLICY EXP MM /DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FI OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIESPER: PRODUCTS - COMP /OPAGG $ POLICY PRO LOG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ ANY AUTO ALLOWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON-OVVNED AUTOS PROPERTY DAMAGE per. cc dent $ UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DED I I RETENTION $ $ WORKERS COMPENSATION WC TATU- LIMITS OTH- AND EMPLOYERS' LIABILITY YIN E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNERlEXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N / A E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ A PROFESSIONAL LIABILITY V15TPT140701 6/7/2014 6/7/2015 PER CLAIM: $1,000,000 AGGREGATE: $2,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Re: 125 E. King Street Parking Lot Repairs County of Orange P. 0. Box 8181 Hillsborough, NC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 27278 I AUTHORIZED REPRESENTATIVE Jeff Todd /LLlLd �n ACORD 25 (2010105) ©1988 -2010 ACORD CORPORATION. All rights reserved. INS025 (gninn5� m Tha Ar`r )Pr) nnma nnrl Innn arc ranicfararf mnrlrc of Arnpn