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HomeMy WebLinkAbout2016-205-E AMS - Swanson and Associates, P.A. for Veterans Memorial Design DocuSign Envelope ID: 3D33619A-OD44-4FDD-8749-BC3C4975OD59 [Departmental Use Only] TITLE Veterans Mem'I Design FY 2015-16 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 1st day of April, 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 Swanson and Associates, P.A. (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: Veterans Memorial design services according to the attached proposal dated November 11,2015 and amended March 30, 2016. The term of this agreement rendered shall be from 4/11/16 to 12/31/16. 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 Three Thousand Five Hundred Dollars, ($3,500). 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. i 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 Revised 1/16 1 DocuSign Envelope ID: 3D33619A-OD44-4FDD-8749-BC3C4975OD59 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at h_ttp://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. 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, 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 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 of this Agreement 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. 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. [SIGNATURE PAGE TO FOLLOW] Revised 1/16 2 DocuSign Envelope ID: 3D33619A-OD44-4FDD-8749-BC3C4975OD59 IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER 863999{9:byy. DocuSigned by: Doc Si rtl1'' Cby: A1. 9ned C1 GU41 N'lU"J,wl y paw'j swaW'Sbv' By. BJ� @4�B6S9«<nn. County Manager Title: President 200 S. Cameron St. David T. Swanson,RLA,ASLA P.O. Box 8181 100 East Carr Street Hillsborough,NC 27278 Carrboro,NC 27510 Revised 1/16 3 DocuSign Envelope ID: 3D33619A-OD44-4FDD-8749-BC3C4975OD59 swanson + associates, p. a . LANDSCAPE ARC HITECTLlRE 100 East Carr Street Carrboro, North Carolina 27510 Phone(919)929-9000 Fax(919)929-1500 Cell(919)260-0163 Email: info @swansonlandsca pea rchitecture.corn www.SwansonLandscapeArchitecture.com November 11,2015 AMENDED March 30,2016 TO: Orange County Veterans Memorial Committee SUBJECT: Proposal for Landscape Architectural Services: Orange County Veterans Memorial Thank you for asking us to prepare a scope of work and fee proposal for our services to assist in revisiting the site design we prepared in 2013 for the proposed Veterans Memorial at Chapel Hill Memorial Cemetery. This scope of services outlines our tasks to rework this design for its new proposed site on the property of the Southern Human Services Center off Homestead Road. SCOPE OF SERVICES FOR CONCEPT DESIGN PHASE 1. PLANNING APPROACH Veterans Memorial Committee The Veterans Memorial Committee (the "Committee") will consist of its members and members of the Orange County Staff and Chapel Hill Arts Commission staff. For the concept design phase,we are including two meetings with the Committee. Consultant The consultant (the "Consultant") is David Swanson, RLA, Principal of Swanson and Associates, P.A., Landscape Architecture of Carrboro, NC. STEP ONE., INVENTORY AND ANALYSIS - PREDESIGN-PROGRAMMING The first step in the planning process will be to perform an inventory and analysis for the new site located at the Southern Human Services Center located off Homestead Road. The Committee and County will provide a survey and base map of the site in CAD format (.dwg), to include accurate locations of all existing paving, landscape features, trees and other vegetation,underground utilities including water and electric service. Topographic information, including spot elevations and contours at minimum 2-foot intervals,will also be shown. The County will also provide a site plan in CAD format (.dwg) for the proposed new building to be sited adjacent to the existing Southern Human Services Center Building,along with the road realignment and all related site improvements including utilities and infrastructure. The Consultant will prepare a site analysis of the subject site in context to the surrounding area and adjacent existing and proposed buildings. This analysis will include analyses of topography and drainage,solar, and vegetation. It will also include an understanding of critical sight lines and other visual opportunities and constraints. The Consultant anticipates completion of this inventory and analysis one month after receipt of the signed contract. Landscape Architecture• Planning • Design DocuSign Envelope ID: 3D33619A-OD44-4FDD-8749-BC3C4975OD59 Orange County Veterans Memorial Scope of Services and Fee Proposal November 11,2015 AMENDED March 30,2016 Page 2 STEP TWO: CONCEPT REFINEMENT Since the Committee has agreed that the general design concept for the former site instilled the spirit of the project's mission of being a ceremonial, contemplative and gathering space, our next step will be to refine the design to fit the setting of the new site. Since the new surrounding site conditions are so different from those of the former site (natural wooded setting versus an open cemetery setting), the concept will need some fresh thinking. However,we can benefit from the prior design process studies. Based on the May 28, 2015 site meeting with the Committee,the Consultant understands the essence that the new design must address: that of a quiet, reflective space that recognizes and honors the living and late veterans who have served their country. At the May 28 site meeting, members of the Committee provided additional input and thoughts. The Consultant envisions that the first task in the Concept Refinement Phase is to come up with a new scheme and layout using appropriate, site-sensitive materials. This will include defining the expected users, pedestrian access, vehicular parking,and general circulation. The Consultant will prepare a concept and will present it to the Committee for consideration. The goal will be to marry the previously approved design to the new site, but in this very different setting, significant design components must be altered. The Consultant anticipates making an on-site presentation so the Committee can visualize the design in the actual setting among the trees. The Consultant will look to the Committee for feedback and input and will proceed to the final design concept. 2. DELIVERABLES • Plan view showing the design in detail,as well as in the larger context of the surrounding site. • Section drawings and possibly perspective sketches to illustrate human scale views of the concept design from selected vantage points. • Preliminary estimate of probable construction costs for concept plan purposes only. Note: These deliverables may not meet all aspects of the fundraising requirements; the Consultant can provide these materials as an additional service. 3. SERVICES NOT INCLUDED • A survey of the site and proposed conditions;this shall be provided by the Owner in electronic CAD (.dwg) format. • The production of design development drawings, construction documents, assistance with the approval process, and construction administration services. 4. SCHEDULE On receipt of Orange County to provide base map of the existing site (as-built of contract existing conditions for the entire site, and plans for the proposed building and road realignment. These plans will be provided in AutoCAD (.dwg) format. Allow one month Completion of inventory, analysis and programming. Allow two months Presentation to Committee of refined concept design. DocuSign Envelope ID: 3D33619A-OD44-4FDD-8749-BC3C49750D59 Orange County Veterans Memorial Scope of Services and Fee Proposal November 11,2015 AMENDED March 30,2016 Page 3 PAYMENT AND FEE SCHEDULE The Consultant will receive a fee not to exceed$3,500 to provide the services described above. In addition, reimbursable expenses for these services shall be billed not to exceed$250. Sincerely, ,David swawsow David T.Swanson, RLA, ASLA Principal,Swanson +Associates, P.A. DocuSign Envelope ID: 3D33619A-OD44-4FDD-8749-BC3C4975OD59 CERTIFICATE OF LIABILITY INSURANCE R022 [3728/2016 THIS CERTIFICATEIS 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 SUBROGATIONIS 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 NAME: WELLS FARGO INS SVCS USA INC/PHS (A"/C,N,E)a): (866) 467-8730 ia,Na>: (888) 443-6112 715776 P: (866) 467-8730 F: (888) 443-6112 A'DDR`ESS: PO BOX 29611 INSURER(S)AFFORDING COVERAGE NAIL# CHARLOTTE NC 28229 INSURERA: Hartford Casualty Ins Co 29424 INSURED INSURER B: INSURER C: SWANSON&ASSOCIATES PA INSURER D: 100 E CARR ST INSURER E: CARRBORO NC 27510 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. INNR TIPEOFINSUR-1NCE ADDL SUBR POLICYN17,1IBER POLICYEFF POLICYEYP L731ITS IAI/DDAIII COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 62,000 000 CLAIMS-MADE OCCUR PR SES Ea occurrence) 5300,00 A X General Liab 41 SBA PS6105 06/01/2015 06/01/2016 MED EXP(Any one person) $10 000 PERSONAL&AIN INJURY s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s4,000,000 POLICY IEC LOC PRODUCTS-COMP/OP AGG A 000 000 OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY(Par person) $ ALL j SCHEDULED AUTAUTOS BODILY INJURY(Per accident) $ HIRENON-OWNED PROPERTY DAMAGE AUTOS (Per accident) $ UMB OCCUR EACH OCCURRENCE $ EXCCLAIMS-MAE AGGREGATE DEC $ 117IR%EB.S COMPEN&A TION PER OTH- ANDEd)PLOYERS'LUBILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) F] E.L.E.L.DISEASE-EA EMPLOYEE $ If yes,describe under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 181,Additional Remarks Schedule,may be attached if more space is required) Those usual to the Insured's Operations. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE 7 TT�i �7 DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, ORANGE CO V NT 1 AUTHORIZED REPRESENTATIVE , PO BOX 8181 HILLSBOROUGH,NC 27278 ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 3D33619A-OD44-4FDD-8749-BC3C4975OD59 AC®R®® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 3/29/2016 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 Carol Micalizzi NAME: Insurance Management Consultants, Inc. PHONE (704)799-1600 FAAX No:(704)799-2955 P.O. Box 2490 E-MAIL ADDRESS:carol @imcipls.com INSURERS AFFORDING COVERAGE NAIC# Davidson NC 28036 INSURERA:Continental Casualty Company 20443 INSURED INSURER B: Swanson and Associates, P.A. INSURER C: 100 East Carr Street INSURER D: INSURER E: Carrboro NC 27510 1 INSURER F: COVERAGES CERTIFICATE NUMBER:1/12/16 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 POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR SD O POLICY NUMBER MM/DD/YYYY MM/DDNYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGES( RENTED CLAIMS-MADE 11 OCCUR PREMISES Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ JECT POLICY❑PRO LOC PRODUCTS-COMP/OPAGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ ALLOWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON�OWNED PROPERTY DAMAGE $ AUTOS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR HCLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I$ A PROFESSIONAL LIABILITY LAH 11 405 32 99 1/12/2016 1/12/2017 PER CLAIM $500,000 AGGREGATE $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P. O. Box 8181 ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE Jeff Todd/NF 7 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401)