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HomeMy WebLinkAbout2016-174-E AMS - Corley Redfoot Architects, Inc. for Passmore SC addition/renovation project - $1,500 DocuSign Envelope ID:9DOB41F6-904D-44CF-95C3-DOC132794A57 [Departmental Use Only] TITLE Passmore SC Preliminary Design FY 2016 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 18th day of February, 2016, ("Effective Date") by and between Orange County, North Carolina, a political subdivision 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: preliminary drawings and budget estimate for a proposed additionl and renovations to the Passmore Senior Center, in Hillsborough, as per included proposal. The term of this agreement rendered shall be from February 8, 2016 to May 31, 2016. 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 I. 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 five hundred dollars plus two hundred fifty dollars reimbrusable costs, ($1,500 + $250 reimbursable). 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. Revised 1/16 1 DocuSign Envelope ID:9DOB41F6-904D-44CF-95C3-DOC132794A57 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 County'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 http://www.orangecountync.gov/departments/purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of (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 County's Risk Manager. 5. Indemnity: 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, its agents, or assigns directly or indirectly related to the Services to be performed pursuant to this Agreement 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. County may suspend this Agreement upon reasonable 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 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Priority: In determining the basic services to be provided, should any documents be referenced in or attached to 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. 9. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of 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. By executing this Agreement Provider affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 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. Revised 1/16 2 DocuSign Envelope ID:9DOB41F6-904D-44CF-95C3-DOC132794A57 [SIGNATURE PAGE TO FOLLOW] Revised 1/16 3 DocuSign Envelope ID:9DOB41F6-904D-44CF-95C3-DOC132794A57 IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER cuSigned y. DocuSigned by: By F�6' V uv,ic, RMKALYSb-� By "M& Iec jj 6f, ala (-ffv aP Pa'st'" COU"'y WfSK 060477 Tltle. F19B55CC8A974BA... 200 S. Cameron St. KennetlREP406fl3ot,AIA LEED AP,President P.O. Box 8181 Corley Redfoot Architects, Inc. Hillsborough,NC 27278 Chapel Hill,NC 27514 Revised 1/16 4 DocuSign Envelope ID:9DOB41F6-904D-44CF-95C3-DOC132794A57 illsCorley redfoot architects inc. 222 cloister court architects I engineers I planners chapel hill,nc 27514 t:919.401.8586 www.corleyredfootarchitects.com January 27,2016 Jeff Thompson,Director Asset Management Services Orange County P. O. Box 8181 Hillsborough,NC 27278 RE: REVISED Professional Design Services Proposal: Preliminary Drawings and Budget Estimate for a Proposed Addition and Renovation to the Central Orange Senior Center,Hillsborough,NC Dear Mr.Thompson, We are pleased to provide you with this proposal for the services referenced above. It is our understanding that the scope of work will be to study the feasibility of enclosing the porch area (Approximately 850 SF) located on the west end of the ballroom. As well as renovating/uplifting some existing administrative areas. The scope of work will include preliminary floor plans and cost estimates in response to your programmatic needs. The scope of work includes two design meetings with your Facilities Committee to clarify project parameters, review and comment on design solutions and review and approve the final preliminary design and cost estimate for use in the pending C.I.P.process. We respectfully request a professional services fee for the above-referenced scope of $1,500 (One Thousand Five Hundred Dollars) with and additional reimbursement amount of$ 250 (Two Hundred Fifty Dollars). Services not included in this proposal: 1. Town Approval Process(May be needed in a subsequent phase) 2. Renderings 3. Interior Design Services, Furniture or Finish Selection(May be needed in a subsequent phase of the design work). We are prepared to begin this work immediately and look forward to working on this important project. Sincerely, Ken> edfoot,AIA LEED AP President KER/jh-COSC-prop DocuSign Envelope ID:9DOB41F6-904D-44CF-95C3-DOC132794A57 71/8/2016 TE(MM/DD/YYYY) ACC?" CERTIFICATE OF LIABILITY INSURANCE 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 Patty iller NAME: y HOE Business Insurers of Carolinas A/C NNo Ext: (919)968-4611 A/C No: (919)968-8991 Boo EastOWrie Drive, Suite 208 ADDRIESS:pom @business-insurers.com PO BOX 2536 INSURER(S)AFFORDING COVERAGE NAIC# Chapel Hill NC 27515-2536 INSURERA:Union Insurance Company 25844 INSURED INSURER B:Stonewood Ins. Co. 11828 Corley Redfoot Architects, Inc INSURER C: 222 Cloister Court INSURER D: INSURER E: Chapel Hill NC 27514 INSURER F: COVERAGES CERTIFICATE NUMBER:CL161814323 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD/YYYY MM/DD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE A CLAIMS-MADE � OCCUR PREM SESOEa occurrence)l $ 300,000 X CNA4298862 40 7/9/2015 7/9/2016 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY❑ JECT PRO ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: Employment Practices Liab Ins $ 100,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED X AUTOS X AUTOS CNA4298862 40 7/9/2015 7/9/2016 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS Per accident Uninsured motorist BI split limit $ 11000,000 A X UMBRELLA LIAB X OCCUR CNA4298862 40 7/9/2015 7/9/2016 EACH OCCURRENCE $ 4 000 000 EXCESS LIAB CLAIMS-MADE Umbrella follows forms AGGREGATE $ 4,000,000 DED RETENTION$ GL,Auto & WC $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 500,000 B OFFICER/MEMBER EXCLUDED? � N/A (Mandatory in NH) y WC1000002205 2014A 12/31/2014 12/31/2015 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 (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Orange County is included as additional insured in reference to the General Liability policy per written contract per attached policy forms CLCGO114, CLCG0472, CLCG2062. If subrogation is waived, subject to terms and conditions of the policy, certain policies may require an endorsement. A statement of this certificate does not conquer rights to the certifiate holder in lieu of such endorsements. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 8181 ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE Patty Miller/PATTY ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025 rgmnm t 000w Envelope ID:8o0o41 132784A57 WMORKER5 C0MPEN5ATONAND EMPL0YER5 LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 484) WAIVER OP OUR RIGHT TORECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Effective Expiration Persons Organization 12/31/2015 12/31/2016 blanket blanket This endorsement changes the policy towhich itisattached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 1281/201512:00:00 AM Policy No. VVC100'0002205'2015A Endorsement No. O Insured Corley HedfootArchitects, Inc. Premium $5.190 Insurance Company Countersigned by Stonmvwmod Insurance Company VVCO00313 (Ed. 4-84) 0 1983 National council on Compensation Insurance.