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HomeMy WebLinkAbout2016-708-E AMS - Statler Gilfillen Architect, MBA to design vestibule at Judge's chamber and jury room DocuSign Envelope ID:503CBB3C-CD4E-418E-A5C6-B21 C14194F86 [Departmental Use Only] TITLE Jury Room Renovations FY 2016-17 ORANGE COUNTY CONTRACT UNDER$1,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 19th day of December, 2016, ("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 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 and/or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Provide architectural services for a new vestibule between Judge's Chambers and Jury Room at the Orange County Courthouse, 106 East Margaret Lane, Hillsborough NC. The term of this agreement rendered shall be from December 19, 2016 to December 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 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 Eight Hundred Fifity-Five Dollars, ($855.00). 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 Revised 6/16 1 DocuSign Envelope ID:503CBB3C-CD4E-418E-A5C6-B21 C14194F86 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.ph p). if County's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here 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 in carrying out Provider's duties and obligations related to the Services to be provided in this Agreement. 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 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. Modifications may be evidenced by telefacsimile signature. 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. Governing Law and Priority: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and Orange County. 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 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. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 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. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County,North Carolina. 10. 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:503CBB3C-CD4E-418E-A5C6-B21 C14194F86 [SIGNATURE PAGE TO FOLLOW] Revised 6/16 3 DocuSign Envelope ID:503CBB3C-CD4E-418E-A5C6-B21 C14194F86 IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER .—ooesiseea ey: l—ooeesgeea ey: By 26# y y�n B SfAx CilFillt�n AidiTtect Department Director 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:503CBB3C-CD4E-418E-A5C6-B21C14194F86 GILFSTI OP ID: PT AcoROw CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `-- 08/12/2016 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 NAME:ACT Philip S.Wolf The Insurance Center of Durham 1920 Front St.,Suite 710 (A/C."n o,EXt):919-471-2541 FAX No): 919-471-2132 P.O. Box 15369 E-MAIL Durham,NC 27704- ADDRESS: Phil@insurancecenterofdurham.com Philip S.Wolf INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Auto-Owners Insurance Co. 18988 INSURED Statler W. Gilfillen& INSURER B: Valerija Gilfillen 3302 Saint Marys Rd. INSURER C: Hillsborough, NC 27278-9726 INSURERD: 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 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER /Y LIMITS (MM/DD/YYYY) (MM/DD YYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X 35447799 08/11/2016 08/11/2017 AMAGE TO RENTED 50,000 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ Excluded GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED 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 EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/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 Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN g y ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE Philip S.Wolf ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:503CBB3C-CD4E-418E-A5C6-B21 C14194F86 PROPOSAL FOR Architectural Services for new vestibule between Judge's Chambers and Jury Room at Orange County Courthouse, 106 East Margaret Lane Statler Gilfillen Architect October 18, 2016 BASIC SERVICES Drawing and field review of new vestibule between Judges Chambers and Jury Room. BASIC COSTS Basic cost for Architectural Services will not exceed$1,000 REIMBURSABLE SERVICES Additional consultants including Structural or Mechanical Engineering will be billed at a rate of 1.15 times cost. Printing to be billed at a rate of 1.15 times cost Mileage for Engineers or Tommy Wing based on $.54/mile from their offices. Mileage for Statler Gilfillen within Orange County is I included in basic services. Additional services for Architects Tommy Wing or Statler Gilfillen based on$95 per hour. Sincerely, Statler Gilfillen Architect MBA 3302 St.Marys Road Hillsborough, NC 27278 919-732-6123 DocuSign Envelope ID:503CBB3C-CD4E-418E-A5C6-B21 C14194F86 SPECIFIC WORK TO BE PROVIDED EXISTING CONDITIONS Work begins with preparation of existing conditions CAD drawings for each of the five sites. The initial site review was for general design parameters at each site and not a detailed existing conditions documentation. We will prepare existing conditions drawings based on the CAD files provided. Additional information and verification of the CAD drawings will be verified as necessary. SCHEMATIC DESIGN Working from these existing condition drawings we will create a set of designs for each site for approval of County and possible preliminary construction pricing. At this stage I can generate one or two design as necessary for County to determine best alternatives. For example, we reviewed two specific alternatives at Solid Waste.At this stage, my role is to create a design showing these alternatives so that informed approvals can be made. CONSTRUCTION DOCUMENTS Once design approvals are given, changes will be incorporated into a set of Construction Documents. In preparation products and finished, we assume that products and finishes are "to match"the existing conditions.The construction documents we are preparing are for the purpose of securing a building permit and not as a formal set of construction bid documents. Our work assumes that Orange County will provide the specifications regarding signage. FIELD REVIEW Gilfillen Architect will need to make 3 visits: at initial phase for questions, during construction, and final sign off. Possible additional visits as necessary for unforeseen issues or questions. ENGINEERING HVAC, electrical and plumbing will be under this contract. Structural engineering as necessary would be an extra. COST OF SERVICES Based on a construction cost estimated to be $100,000. The cost of Architectural, HVAC, electrical and plumbing as outlined will be$8,700. Statler Gilfillen Architect 3302 St. Marys Road Hillsborough, NC 27278 919-732-6123