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HomeMy WebLinkAbout2015-196-E AMS - Corley Redfoot Architects for Hillsborough Commons Renovation Profession design services and budget review $26,500 DocuSign Envelope ID:4DA7C804-68DE-40C2-A41F-92032E351676 [Departmental Use Only] TITLE Professional Design FY 2016 NORTH CAROLINA SERVICES AGREEMENT UNDER $90,000.00 ORANGE COUNTY This Services Agreement (hereinafter "Agreement"), made and entered into this 1st day of May, 2015, ("Effective Date") by and between Orange County, North Carolina a body politic and corporate of the State of North Carolina (hereinafter, the "(7ounty") and Corley Redfoot Architects Inc, (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 (inserl tvpe qfproject): the Hillsborough Commons facility renovation at 113 Mayo Street, as outlined in the attached proposal dated April 21, 2015. 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 perfornied 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 lip jj.ijtavided. The Provider shall provide the C'ounty 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 perfonning services Under this Agreement in accordance with the highest genet-ally 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 Revwsed 10/14 DocuSign Envelope ID:4DA7C804-68DE-40C2-A41F-92032E351676 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 sliall 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(.I ounty. Any and all employees of the Provider engaged by the Provider in the performance of any work or service's 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. vii) In determining the basic service,,,,, 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. Should a request for proposals and a Proposal be referenced the terms of the request for proposals shall have priority over the terms of any proposal. 3. Basic Services ,a. Basic Services,. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): provide budget review and design services for the Hillsborough (",ornmons at 113 Mayo Street renovation, including providing construction documents for the bidding and the construction administration for the pro�ject. 4. Duration of Services Term. The term ofthis Agreement shall be from May 1, 2015 to October 3 1, 2111 .5 a. Revised 10114 2 DocuSign Envelope ID:4DA7C804-68DE-40C2-A41F-92032E351676 b, Scheduling,of Services. i) 'The Provider shall schedule and perfortri 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 C oni rriencerne tit Date for the Provider's Basic Services shall be February 2015. 5. Compensation a. Cpompensatio r for Basic Services, Compensation for Basic Services shall include all compensation due the Provider from the County for all services Linder this Agreement except for any authorized Reimbursable Expenses which are defined herein. 'Tile maximum amount payable for Basic Services shall not exceed twenty six thousand five hundred Dollars ($26,500). PaVITICTIt 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, tile Count), 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 tinder 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 NATitten amendment to this Agreement. 6. Responsibilities of the County a. Cogperation and Coordination. The County has designated (Jeff'rhompson) to act as the County's representative with respect to the Proj1ect 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 ReqUirenients. 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 ()range County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated Revised 10/14 3 DocuSign Envelope ID:4DA7C804-68DE-40C2-A41F-92032E351676 herein by reference and may be viewed at litt, .8oranglecountyne.gov/purchasirig� q.q-,jcts."L� I )n 1-� If Owner's Risk Manager determines additional insurance coverage is required Such additional insurance shall consist of N/A (if'no additional insurance required rnark N/A as being not applicable). Provider shall not commence work until such insurance is in effeeIr and certification thereof has been received by the Owner's Risk Manager. 8. Indemnity a. Inderrinity. The Provider agrees to defend, indemnify and hold hartriless the (.7ounty froin all loss, liability, clainis, or expense, including attorney's fees, arising out of or related to the Project and arising from bodily injury including death or property darriage 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 artier receiving a fiLilly executed Amendment from the County. 10. Termination a. Termination for Convenience of the CLotinty. 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 action,,.,,, to remedy the breach. Tlie Provider shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. c. Compensation After Termination. 0 In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has carried 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 ally electronic data or files relating to the Project. I 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 Revased 10114 4 DocuSign Envelope ID:4DA7C804-68DE-40C2-A41F-92032E351676 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". 'file 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. Goverrijqgj.[..,aw. 'I'llis 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. Compliance with Laws. Provider shall at all tinies remain in compliance with all applicable local, state, and federal laws, rule,,, and regulations including but not limited to all anti-discritnination, laws. d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of,, or file 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 Ot'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 ,is a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon tile Parties. g. Qwnership ot'Work Product. Should Provider's performance of this Agreement generate documents, items or things that are specific to this Pro.ject such documents, items or things shall become the property of the COa;inty and may be used oil any other pro.ject without additional compensation to the Provider, The t�ise of the documents, items or things by the County or by any person or entity for any purpose other than the Prqject as set forth in this Agreement shall be at the full risk of the County. h. Non-Appropriation. Provider acknowledges that County is as 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 Revised M14 5 DocuSign Envelope ID:4DA7C804-68DE-4OC2-A41 F-92032E351676 County's obligations wider 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 autornatically terminate without penalty to County upon written notice to Provider of such limitation or change in County's legal authority. i. Signature . 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 I A 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 certified or registered mail, return receipt requested to the following: Orange County Provider's Name Attention: Jeff Thompson Corley Redfoot Architects P.O. Box 8 181 222 Cloister Court 11111sbo17oUgh, NC 27278 Chapel Hill, NC 27514 [SIGNAT[. RE PAGE TO FOLLOW] Revised 10/14 6 DocuSign Envelope ID:4DA7C804-68DE-40C2-A41F-92032E351676 IN WITNESS VMEREOF, 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: By. F�DocuSigned by: DocuSigned by: b'V"R' By: F of-6bf) Ala b-ef'v ap Prt'st-" &oUAVM9a"jer '��PgB55CCBA974BA Kenneth E. Redfoot, AIA LEED AP President Printed Name and Title Revised 10114 7 DocuSign Envelope ID:4DA7C804-68DE-40C2-A41 F-92032E351676 corley redfoot architects in. 2'22 cloister court architects I engineers I plonners chapel NIH,nc 27514 t:919,4018586 www corleyredfootarcNtects.corn April 21, 2015 Orange County Government Jeff Thompson, Director Asset Management Services 131 West Margaret L,ane, SUite 300 Flillsborough, NC 27278 P,F Budget Review and Design Proposal for the Orange County[ASS Project Dear Mi., Thompson, I)n .vriting to provide yon with a progress report regarding the above-referenced pro.ject. The client inecting held on April 9, 2015 was very helpful in setting a budget for the project as well as revising and clarifying,the uses anticipated for the renovated space. The attached plan IVfICOS our Understanding of the way tile SIMCC would be optimized for county Use, We also received a prioritized list of uses for consideration which we have used to create the plan including the proposed phasing shown on the drawing. Proposed Schedule We understand the desire to iniplenient, the Lipfit of the space as soon as possible, and we propose the following schedule lor your consideration-. Construction Docurnents Out to Bid May 14, 2015 Pre-Bid May 26, 2015 Bid Opening June 4, 2015 Construction Period (1,11CILides Contracts And Construction) June 4,2015 to September 4, 2015 P!LqfjtLsed L !,iniate _111(ily�t_F, — We understand that there is a total budget of' $300,000 for the proJect and that the portion of the mechanical e(ILlipment, budget will be provide(] from another Funding source. In consideration orthat tract, we propose the following total budget: Construction Budect Sumniar : General Construction Cost Estimate $ 88,500 Plumbing Cost Fstin'late 33,000 Mechanical Cost Estimate 64,000 Electrical Cost Estimate $ 70,1000 Fire Sprinkler Cost Estimate $ 15,000 $ 270,500 DocuSign Envelope ID:4DA7C804-68DE-40C2-A41F-92032E351676 We propose a professional design services fee of twenty-six thousand and live hundred dollars, ($26,500) to complete the design which we started in February 2015 and provide construction docurnents for the bidding and the construction administration for the project. The proposed estimated total budget for the pi-(Ijcct is $297,000. It is important to note a few assumptions regarding the construction estimate and total budget. 1. The attached drawing,shows the scope of work and includes a proposed phasing plan. 1 The mechanical cost estimate includes the air supply, and air return distribUti011 system required for the new space but the cost of 1-00410P unit replacement and/or new rooftop units which will be required due to increased occupant load for the proposed upfit is not included in Our estimate. 3. The total budget does not include any FIFE budget. We can assist in creating a budget for this Upfilt, but obviously any budget line items added to the total will affect the proposed Upfit. 4. Since the project is Under $ 500,000, we are aSSUnling that the project can be bid informally. Please confirm so we can proceed ininiediately to produce the dOCU111VutS for a mid-May out to bid date. Please contact me if you have any (ILIC.Stions or comments. We look forward to Continuing our work on this very exciting pro,ect. Sincerely, �[ �F)A�11 � e i L ot, A A LEED AP ATTACHMENT: Proposed Floor Plan KERJh-orcoDSS DocuSign Envelope ID:4DA7C804-68DE-4OC2-A41 F-92032E351676 „�. 0 DATE IMWDIDtYYYY) ,�► CERTIFICATE OF LIABILITY IN'S'URANCE; 4/2902015 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 BELOWW. 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 elndlorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Patty Miller NAME: Business Insurers Of Carolinas PHGNE (91.9)968-461& FA� No.(91919 68-8992 IA N 600 Eastowne Drive, Suite 206 A E-MAIL S;pomIausines-insurers.cram PO Box 2536 INSGJRER(S�AF�ORpIFN�aCOVERAGE NAWD# Chapel Hill C 27515-2536 INSURER A.Continental Western -...........10804 . INSURED INSURER R:»+r'tone ood Ins. Co. 11626 _..__...�__....m............., _.._........., _ ._..... .........._. Corley Redfoot Architects, Inc INSURER C: 2.22 Cloister Court INSURER D: INSURER.E: Chapel Hill NC 27514 INSURER F: COVERAGES CERTIFICATE NUMBER-.2014-2015 REVISION NUIMIBER,:'. THIS IS TO,C'ERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, t^NOTVVIT'HSTANDIiNG 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 CO NDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ ...... ... ............,...,_,_..... , INS.kz. -__.____..___TYPE OFINSURANCE AODL�fSk�Na.., POLICY NUMBER MM DrYYYY (MMID&YYYY�..-�._. .. LIMITS L'rI2 GENERAL LIABILITY EACH OCCURRENCE 3 1,000,010.0.. IA"l IU NL�TLro MMIrb'rVAL GENERAL LIABILITY' I F r?.EI�9B,�L'��I=�rsccLrrrerbcey S...... 100,000... rt°,r) .. ......,.._,. ._. A CLAIMS-MADE FOC�.CUP PA1008189 47 7 f9/2014, /9/2015 ME:r.71;CPIAnya1P-, PL-:••n) S 10,000 PEr�SSaNAa�,ACr^IN�L�I�Y � GENERAL.AGGREd'..E.A°f C: 2.000,000...... GEN'LAGGREGATE LIMIT APPUES PER PRODUCTS,C(JM1+'M1FFCWAC.,K; $ 2,000,000 .X I TrC uuy FFtC:r., LOC S AUTOMOBILE LIABILITY CONINNED SMGLF LIMIT EaaT $ 000 0001 A ANY AUTO BODILY INJURY(Per person) S ________................._.., AIAG;MJED SCHEDULED CPA1008189 47 /9/2014 /9/2015 g3 ILYm"uPY(Peracciderl:6y $ AUTOS AUTOS. NQN-0VMED PROPERTY'OA.M,AGE. HoRED ALTO', AUrDE; ALI.[aAcl crrrrrll.�................ ..� Dht Isuved rmoN.Ost Eta IuL Ilmll 1,000,000 X UMBRELLA HAS X OCCUR mbrcIla policy follows EACH OCCURRENCE 51 2,000,000 A EXCESS LIAR---- s;LAIM...MACE Oran DL, Auto we c cs�Er:;Arl _ 2,000,000, tl1t'D X RE ENTIOhUS EA10081E9 47 /9/2014 /9/2015 T I WORKERS COMPENSAT10N " WCSTATU- AND EMPLOYERS"LIABILITY YdN LSi LLMi1a _c?RrPi- �.. ANY rA7PRIF ro!R�PARI IWER EXE('�UTIVE EL IEAC' AC.�W,RDET4r '3 s!o OOO C."brHC:E6A'P',IEL SE.R EXCLUDED? [1'� NIA ...._ ..,�...m� _...,._.._�_,,..�s ,.,�__, (MastdataryInNH) C10000022052014A 12/31/20141,2/31/2015 EL DISEASE-EAEMIPLOYE: E 500,000 U yyes,desrrnbe uanuer ESCRIPTIONOF OPFRAIPCINSbellow+ ...._.........., .......... ......... .... .E:.UL MS EA L:.IO PCYLImir S 5.001—.9100 DESCRIPTION OF OPERATIONS r LOCATIONS t VEHICLES (Attach ACORD 101,Additional Remarks Schedule„IF mare space 8s required) Project: 1.1.3 Mayo Street project IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ie:s) 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) . CERTIFICATE HOLDER CANCELLATION SHOULD ANY'OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WELL BE DELEVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, Orange Count* PO Box 6181 Hillsborough, NC 272..76 AUTHORIZED REPRESENTATIVE Patty Miller/PATTY ACORD 25(2010105) 1988-2'010 ACORD CORPORATION. All rights reserved. INS025 i ntnn5'; m T ho A(:1'"Pn nomn a nrI Ilnnn ern rraniatcarnri m—ke ref er.r)Pn