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Home My WebLink About2015-529-E DEAPR - Capital Building Consultants for cost estimating DocuSign Envelope ID:95F69654-1AE0-4DB1-B46F-D31B6C9E5334 [Departmental Use Only] TITLE Cost Estimate Study A FY 2014 PO ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 22nd day of September, 2015, ("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 Capital Building Consultants (tile "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: Tire services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Amendment to current contract to extend time required to develop cost estiinates for tip to 20 elements planned for the fixture Blackwood Farm Park and Parks Operations Base, to be further defined,clarified,or reduced in scope by county staff and Capital Building Consultants. The term of this agreement rendered shall be from October 1 to December 31. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing tite 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 I. Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to he paid by the County shall not exceed seven thousand dollars, ($7,000). Payment shall be made within thitl<y (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terins 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, not- 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 tat, 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. d. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile insurance, Workers' Compensation Insurance, and any additional insurance as may Revised 10/14 1 DocuSign Envelope ID:95F69654-1AE0-4DB1-B46F-D31B6C9E5334 be required by Owner'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 incorporated herein by reference and may be viewed at littp://orallVCCOLltityiie.gov/ptirellasi.ti�/coiitracts.asi)). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of n/a (see waiver) (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. S. hndem pity: 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 l 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: 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 it) the General Court of Justice of North Carolina seated in Orange County, North Carolina. Provider shall at all tithes remain in compliance with all applicable local, state,and federal laws, rules, and regulations including but.not limited to all antidiscrimination 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 fiends. [SIGNATURE PAGE TO FOLLOW] Revised 10114 2 DocuSign Envelope ID:95F69654-1AE0-4DB1-B46F-D31B6C9E5334 IN WITNESS WHEREOF,County and the Provider have signed this Agreement,effective as of the clay first written above. ORANGE COUNTY PROVIDER ,:�DocuSZigned by: DocuSigned by: By: OV�, t lkauxw�t vS By: �jVbWl� 'W" 66F850595831479... 200 S. Cameron St. Eddie Brown KO, Box 8181 Capital Building Consultants Hillsborough,NC 27278 11040 Old US 52 , Winston-Salem,NC 27107 I Revised 10114 3 DocuSign Envelope ID:95F69654-1AEO-4DB1-B46F-D31B6C9E5334 DocuSign Envelope ID:0046FD13-057D-4CA9-B121-O31E30FDA8B8 Lori Taft From: David Stancll Sent: Tuesday, May 05,2015 3:08 PM To: Lori Taft Subject: RE:Waiver for Capital building insurance Ok with proceeding with waiver.The only liability i can see is if he misses on his estimates,and that is just part of the risk of using an estimator to me, i3efore we send him the plans etc to be estimated lets go over exactly what we are asking him to estimate. From; Lori Taft Sent:Tuesday, May 05, 2015 3:01 PM To: David Stancll Subject: RE: Waiver for Capital building Insurance Yes, l will. From: David Stancll Sent: Tuesday, May 05, 2015 3;00 PM To: Lori Taft Subject: RE: Waiver for Capital building Insurance Yes.And can you send me something that describes the technology of our new security cameras(how they work, how it Is stored and accessed, etc)? From: Lori Taft Sent: Tuesday, May 05, 2015 2:58 PM To: David Stancll Subject: Waiver for Capital building Insurance Dave, Per my earlier email,can you let me know about this? i need to get back with him. Thanks 1 DocuSign Envelope ID:95F69654-1AE0-4DB1-B46F-D31B6C9E5334 DocuSign Envelope ID:0046FD13-057D-4CA9-6121-031E30FDA8B8 Lori Waft From: Lori Taft Sent: Tuesday, May OS, 2015 12:36 PM To: Dave Stanch @co.orange.nc.us Cc: Marabeth Carr Subject: Capital Building Consultants(CBC) Dave, Eddie Brown from CBC is a CPE and as such would be required to provide proof of Insurance for our contract process. Alisa mentioned that you have the authority to waive tills and accept liability for DEAR. Mr. Brown is an engineer,but In the capacity of cost estimator does not carry Insurance as none is available to cover his product,which is basically his opinion on the cost of things. If you are willing to waive and accept liability, l can proceed with the contract, budget transfer and requisition In time for the deadline, Please advise. Thanks, Lori 1