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HomeMy WebLinkAbout2016-559-E AMS - CRA Associates, Inc. for Cameron Street sidewalk (adjacent to Dickson House) design services DocuSign Envelope ID:061 F56BC-F5FF-4DAD-86E1-7759F714059B [Departmental Use Only] TITLE Dickson Sidewalk Design FY FY2016-17 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 30th day of September, 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 CRA Associates,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: Professional design services for the Cameron Avenue Sidewalk Extension(adjacent to the Dickson House)dated September 21st,2016. The term of this agreement rendered shall be from September 30th,2016 to December 31st, 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 Three Thousand Nine Hundred Dollars, ($3,900). 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 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is Revised 6/16 1 DocuSign Envelope ID:061 F56BC-F5FF-4DAD-86E1-7759F714059B 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 N/A (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 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 definition of breach to discrimination. 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. 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:061 F56BC-F5FF-4DAD-86E1-7759F714059B [SIGNATURE PAGE TO FOLLOW] Revised 6/16 3 DocuSign Envelope ID:061 F56BC-F5FF-4DAD-86E1-7759F714059B 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: DocuSigned by batAAA,iG lkaw� ku slt By: BtiLi��lkawtw,t,Vi By: e'b" 'Principal County Manager Title: 200 S. Cameron St. Michael L. Hammersley,P.E., CRA Associates, Inc P.O. Box 8181 222 Cloister Court. Hillsborough,NC 27278 Chapel Hill,NC 27514 Revised 6/16 4 DocuSign Envelope ID:061 F56BC-F5FF-4DAD-86E1-7759F714059B II hr , Cr September 21,2016 Jeff Thompson,Director Asset Management Services Orange County P. O.Box 8181 Hillsborough,NC 27278 RE: Cameron Avenue Sidewalk Extension Hillsborough,NC Dear Jeff, I am writing to provide you with a fee proposal for Sidewalk Extension along Cameron Avenue. The design fees include drawings,specifications and construction administration. The project will be done as an informal construction bid. This design work can be done for a fee of$3,900(Three Thousand,Nine Hundred Dollars). Thank you for your consideration of Corley Redfoot Architects,Inc.for this important County project. Sincerely, _.? w Michael L.Hammers e ,P.E. Principal MLH/jh-Cameron Avenue Sidewalk 1 • 1 era 222 cloister court I chapel hill, nc 27514 l t: 919.401.8586 DocuSign Envelope ID:061 F56BC-F5FF-4DAD-86E1-7759F714059B G9 DATE(MPAIDDIYYYY) AC'®R® CERTIFICATE IFICATE OF LIABILITY INSURANCE �s 7/6/2016 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 Ileu of such endorsement(s). PRODUCER NAME CT Patty Miller Business Insurers of Carolinas PHONE (919)968-4611 FAX (919)968-8991 (AIC.No.Ext): (AIC,No): BOO Eastorrne Drive, Suite 20B E-MAIL ss:prtt'11er @business-insurers.com PO Box 2536 INSURER(S)AFFORDING COVERAGE NAICft Chapel Hill NC 27515-2536 INSURER A:Tri—State Ins Co of Minnesota 31003 INSURED INSURER B:Union Insurance Company 25844 CRA Associates, Inc INSURER C:Stonewood Ins. Co. _ 11828 222 Cloister Court INSURER D: INSURER E: Chapel Hill NC 27514 INSURER F: COVERAGES CERTIFICATE NUMBER 2016-2017 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 AID CLAIMS. INSR TYPE OF INSURANCE' ADDL SUM POLICY EFF POLICY EXP• LIMITS LTR imp W1/I) POLICY NUMBER IMMIDD/YYYY) (MMIDDIYYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A _ CLAIMS-MADE I X I OCCUR PREMSES0(Eaoccurrreence) $ 300,000 X Y ADV4298780 41 7/9/2016 7/9/2017 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 5 2,000,000 X POLICY L I PROJET" 1 I LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: Cyber coverage $ 100,000 AUTOMOBILE LIABILITY CO eBINED SINGLE LIMIT $ 1,000,000 B X ANY AUTO BODILY INJURY(Per person) $ ° ALL OWNED XISCHEDULED x X CNA429886291 7/9/2016 7/9/2017 BODILY INJURY(Per accident) $ AUTOS II NON-0 ED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS (Per er(len Uninsured motorist BI split limit $ 1,000,000 B X UMBRELLALIAB X OCCUR CNA4298862 41 7/9/2016 7/9/2017 EACH OCCURRENCE $ 4,000,000 EXCESS LIAB CLAIMS-MADE Umbrella Follows Form GE AGGREGATE $ 9,000,000 fl { DED I I RETENTIONS Auto, WC $ WORKERS COMPENSATION X PER T STATUTE ER • AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNERJEXECUTIVE YlN)NIA E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER H)EXCLUDED? N 4TC1000002205-2015A 12/31/2015 12/31/2016 C (Mandatory in NH) X E.L.DISEASE-EA EMPLOYE S 500,000 If yyes desrnbe under E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS below - 1 DESCRIPTION OF OPERATIONS(LOCATIONS I VEHICLES(ACORD.101,Additional Remarks Schedule,may be attached if more space is required) • _a,s a.4.-,m1 i CERTIFICATE HOLDER - CANCELLATION • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County I ACCORDANCE WITH THE POLICY PROVISIONS. P, 0, Box 8181 I AUTHORIZED REPRESENTATIVE Hillsborough, NC 27278 Patty Miller/PATTY � .,,' � l • O 1988-2014 ACORD CORPORATION. ll rights reserved. .... ACORD 25(20.14/01) The ACORD name and Togo are registered marks Of ACORD • • INSO26(7014011 i • • DocuSign Envelope ID:061 F56BC-F5FF-4DAD-86E1-7759F714059B ACCD CERTIFICATE OF LIABILITY' INSURANCE DATE(MMIODNYYY) 7/6/2016 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 NAME: Insurance Management Consultants, Inc, PHONE t p 6x1): (704)799-1600 FAX No):(704)7992955 P.O. Box 2490 Apbpk5S:cent @imeip1s.com INSURER(S)AFFORDING COVERAGE NAIC II Davidson NC 28036 INSURERABeazley Insurance Company, Inc. 37540 INSURED INSURER B: CRA Associates, Inc. INSURER C: 222 Cloister Court • INSURER 0: • INSURER E: ' Chapel Hill NC 27514 INSURER F:V COVERAGES CERTIFICATE NUMBER:6/7/16 PL 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 RAID CLAIMS. INSR TYPE OF INSURANCE, AD15L SUER POLICY EFF POLICY EXP LIMITS �- So rt,D POLICY NUMBER MMIDD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY 11 EACH OCCURRENCE $ III CLAIMS-MADE [ I OCCUR • DAMAGE TO P:EMISES Ea occu occu ence $ III MED EXP(Any one person) $ ■ PERSONAL&ADV INJURY $ GEM.AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ ■ POLICY[ I PEa I LOC PRODUCTS-COMP/OP AGG $ OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident } ■ANY AUTO BODILY INJURY(Per person) $ _ I ■ALL TOOS WNED SCHEDULED AUTOS BODILY INJURY(Per accident) $ AU I HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS I Per accide I $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE S ■ EXCESS LIAB ■CLAIMS-MADE AGGREGATE S OED RETENTIONS S. WORKERS COMPENSATION I STATUTE I 1 0TH . AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S OFFICER/MEMaER EXCLUDED? [ I N/A I (Mandatory in NH) E-L.DISEASE-EA EMPLOYE: S It yes,describe under l l DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A PROFESSIONAL LIABILITY V15TPT160901 6/7/2016 6/7/2017 PER CLAIM 1,000,000 AGGREGATE 2,000,000 nsenRIpTIrN OF OPERATIONS 1 LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) ! CERTIFICATE HOLDER CANCELLATION I 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. . P. O. Box 8181 I AUTHORIZED REPRESENTATIVE Hillsborough, NC 27278 _ Jeff Todd/BD `{ G's-' ��� �� � ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS025(2nI4n1) I