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HomeMy WebLinkAbout2016-489-E AMS - Statler Gilfillen Architect MBA for construction admin. services DocuSign Envelope ID: 34D18779-D403-42E9-B265-960F4F5ED000 [Departmental Use Only] TITLE Whitted Lobby& Floor FY 2016/17 ORANGE COUNTY DS CONTRACT UNDER$15,000.00 [c NORTH CAROLINA THIS AGREEMENT,made and entered into this 25th day of July,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 Statler Gilfillen Architect MBA (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: Provide construction administrative services for the Whined Building Lobby Renovation, Space Modifications, and Flooring per proposal dated June 30, 2016 The term of this agreement rendered shall be from July 25,2016 to November 30,2016. 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 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 One Hundred Dollars, ($5,100.00). 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 County's Risk Manager as such insurance requirements are described in the Orange County Revised 6/16 1 DocuSign Envelope ID: 34D18779-D403-42E9-B265-960F4F5ED000 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 NA (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 tetrirs 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 state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Anti-Discrimination Policy. Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the defmition of breach to discrimination. By executing this Agreement Provider affiims that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-86.58. 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 6/16 2 DocuSign Envelope ID: 34D18779-D403-42E9-B265-960F4F5ED000 [SIGNATURE PAGE TO FOLLOW] Revised 6/16 3 DocuSign Envelope ID: 34D18779-D403-42E9-B265-960F4F5ED000 IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER �Docu Signed by: Docu Signed by: By. bbwwu, RAIMUrStUi By.�{-aitur pG,�l.Fl,lun, ......OGJYJ09p]:!F9]] �--�� 1 1.11�rlC�t County Manager Title: 200 S. Cameron St. Statler Gilfillen Architect MBA P.O. Box 8181 3302 St.Mary's Road Hillsborough,NC 27278 Hillsborough,NC 27278 Revised 6/16 4 DocuSign Envelope ID: 34D18779-D403-42E9-B265-960F4F5ED000 Statler Gilfillen Architect MBA 3302 St. Marys Road Hillsborough, NC 27278 919-732-6123 June 30, 2016 Angel Barnes Capital Projects Manager Orange County Asset Management Services 131 West Margaret Lane Hillsborough, NC 27278 Dear Ms Barnes, RE: Whitted Building Lobby Renovation, Space Modifications, and Flooring Coordinate planning and prepare bid documents for modification to the medical offices at the Whitted Building. Included are three field visits and/or field meetings. Bid Documents will be prepared in AutoCAD format. Asset Management will provide existing drawings from previous renovations in a CAD format to begin the work. Services provided are based on Statler Gilfillen and or my partner Tommy Wing Architect for a total of 60 hours at$85.00 per hour= $5,100. Paper plans are billed as a reimbursable. Reimbursable and additional services based on: Statler Gilfillen Architect is billed at$85.00 per hour Tommy Wing Architect is billed at$85.00 per hour Reimbursable expenses are billed at 1.2 times cost Mileage is billed at$.80 per mile. Sincerely, Statler Gilfillen Architect DocuSign Envelope ID: 34D18779-D403-42E9-B265-960F4F5ED000 GILFSTI OP ID: C1 A,C . CERTIFICATE OF LIABILITY INSURANCE DATE(MM�DDIYYYY) 08/12/2015 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 •i ' NAME: Philip S.Wolf The Insurance Center of Durham PHONE FAx 1920 Front St.,Suite 710 ac,_No,Exl)919-471-2541 j(A/c,NoJ;919-471-2132 P.O.Box 15369 EMAIL Durham, NC 27704- ADDRESS:Phil @insurancecenterofdurham.cotn Philip S.Wolf 1NSURER(S)AFFORDING COVERAGE NAIL f1__ INSURERA:AUto-OWnerS Insurance Co. 18988 INSURED Statler W.Gilfilien& INSURERS: _ Valerija Gilfillen - 3302 Saint Marys Rd. INSURER c; Hillsborough, NC 27278-9726 INSURER D: INSURER E 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 DOCUTAE T 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. INSitl _ ...... .- -ADDL SUBR - .... POLICY EFF POLICY EXP _. _ .. LTR i TYPE OF INSURANCE INS!) WVD POLICY NUMBER (MM/DD(YYYY) (MM/DD/YYYYJ LIMITS A X 1 COMMERCIAL GENERAL LIABILITY I EACH OCCURRENCE $ 1,000,000 OR NT�A CLAIMS-MADE rX OCCUR X 35447799 08/11/2015 08/11/2016 DAMAGETPREMISES_(Eaoccurrence)--$__- 60,000 I MED EXP(My one parson) $ 5,000 - I PERSONAL&ADV INJURY $ Excluded Ir , GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 I PRO- f ... POLICY; X 1 JECT L 1 LOC PRODUCTS-COMPIOP AGG [__$ 2,000,000 •OTHER: � --...._.._._._ ..-------- $ AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED • 1. AUTOS _ AUTOS BODILY INJURY(Per accident) $ • • NON-OWNED PROPERTY DAMAGE $ HIRED AUTErS __ AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ I ; EXCESS LIAB CLAIMS-MADE AGGREGATE $ RETENTION$ DED $ WORKERS COMPENSATION ; PER ; 1OTH- !AND EMPLOYERS'LIABILITY YIN I,STATUTE.1f_ER ,_-____._............._._...._-_. ANY PROPRIETOR/PARTNER/EXECUTIVE 1 N!A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L,DISEASE-EA EMPLOYEE $ Ilfyes,descibeundar .........._....._.._..__...._.. __-...____.-_..__...--.__._..._I DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ I i • DESCRIPTION OF OPERATIONS I LOCATIONS(VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Management Consultant,Architect CERTIFICATE HOLDER CANCELLATION ORAN016 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County ACCORDANCE WITH THE POLICY PROVISIONS, PO Box 8181 • Hillsborough,NC 27278 AUTHORIZED REPRESENTA ! Philip S.Wolf L 8/ ©1988-2014 ACORD COR RATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD i