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HomeMy WebLinkAbout2017-227-E AMS - Swanson Associates, P.A. for Veterans Memorial Phase 1 design, construction administration DocuSign Envelope ID: 31 ED98F9-37A4-401 F-B3B5-BFDF2233FDC3 [Departmental Use Only] TITLE Vet. Mem'l Phase 1 CD FY FY2016-2017 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 20th day of June, 2017, ("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 David Swanson 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: Orange County Veterans Memorial Phase 1 design and construction administration according to the attached proposal dated May 23rd, 2017. The term of this agreement rendered shall be from June 20th, 2017 to December 3 Pt, 2017. 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 Four Thousand, Thirty Five Dollars, (S4,035). 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 2/17 1 DocuSign Envelope ID: 31 ED98F9-37A4-401 F-B3B5-BFDF2233FDC3 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountvnc.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 consent of the Parties to utilize electronic signatures and 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 Non-Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php.). 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 Revised 2/17 2 DocuSign Envelope ID: 31 ED98F9-37A4-401 F-B3B5-BFDF2233FDC3 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 2/17 3 DocuSign Envelope ID: 31 ED98F9-37A4-401 F-B3B5-BFDF2233FDC3 IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER �—000sgea cy: 000sgea oy: i 15NAA-G (cawmw,u^sLui �aw� S.wavLsav�, By By County Manager Title: President 200 S. Cameron St. Swanson+ Associates,P.A. P.O. Box 8181 100 East Can Street Hillsborough, NC 27278 Carrboro, NC 27510 Revised 2/17 4 DocuSign Envelope ID: 31 ED98F9-37A4-401 F-B3B5-BFDF2233FDC3 swanson + associates, p . a . LAIN ID .E C A ICS IE A l C IK II 'F IE C F a l IE 100 East Can Street Carrboro, North Carolina 27510 Phone(919)929-9000 Fax(919)929-1500 Cell (919)260-0163 Email: info a swansonlandscapearchitecture.com www.SwansonLandscapeArchitecture.com May 23, 2017 Jeffrey E. Thompson Director, Asset Management Services Orange County Government Post Office Box 8181 Hillsborough NC 27278 RE: Orange County Veterans Memorial PHASE 1 PROPOSAL FOR LANDSCAPE ARCHITECTURAL SERVICES Dear Jeff: Following is our proposal for the design of Phase 1 of the Orange County Veterans Memorial as it relates to landscape architectural services. We understand that preparation of design and construction plans for Phase 1 will be based on the concept design as approved by the Orange County Veterans Memorial Committee on June 9, 2016, and site approval by the Orange County Board of County Commissioners on September 20, 2016. We understand the target budget for Phase 1 is approximately $75,000 for the proposed construction elements of the project, dependent on the ability to raise the necessary funds. Scope of Work Phase 1 will consist of the Ceremonial Circle, a flagpole, and associated hardscape elements (a wall depicting a base panel featuring Sacrifice and Freedom), and an ADA accessible approach. Also part of Phase 1 will be cleanup and landscape restoration of the Lower Meadow and surrounding undisturbed landscape. A. DESIGN DEVELOPMENT The Landscape Architect will assist with the following tasks for Phase 1: • Participate in design work sessions with the Veterans Memorial Committee. We understand that since we have already gone through the initial design process, most of the early level programming meetings may not be necessary. However, we also anticipate the need for at least two progress review meetings with the Committee to confirm the direction of the design development level plans, and to have a general consensus meeting. • Research and assemble proposed materials for the pavement surfaces, walls, benches, and other hardscape elements. We want to be sure of the availability and sources for obtaining the native `Hillsborough' quarried stone. Additional considerations were brought up regarding donor `brick' paving and we want to research these opportunities. Some of these material choices were presented at the schematic level during the concept design phase. • Site Plan (Design Development Level only)We will prepare an overall site plan showing the complete build-out of the project for later phases shown for reference and the initial phases more Landscape Architecture • Planning • Design DocuSign Envelope ID: 31 ED98F9-37A4-401 F-B3B5-BFDF2233FDC3 Orange County Veterans Memorial May 23, 2017 Page 2 of 3 clearly depicted. We will study and understand the grading scheme as proposed in the original concept design, and will continue to refine the grading study to a design development level. Even though the project is being phased, it is important to understand the entirety of the site grading for general coordination with the overall project. We will provide layout of the critical elements although it understood that some site layout will be required in the field. • Hardscape and Landscape Development Plan. We will prepare design development level plans, including development of hardscape and landscape elements. We will identify the key materials and indicate the elements with descriptive notes. We will include drawings and/or photographic representations of some elements including paving materials, walls, plaque/marker depictions, graphic signage elements, etc. The intent at this level is to get enough detail to ensure that the elements are coordinated and can be quantified for preliminary budget estimates. The intent in designing a preliminary planting plan is to show how any additional trees and shrubs will be integrated into the overall landscape plan, although they may be implemented in later phases. • Assist in preparing an overall preliminary value of construction cost. B. CONTRACTOR SELECTION With the funding limitations and planned phasing of the project, we anticipate the scope and budget may be under the threshold of having to formally bid the project. We understand the intent will be to invite or select contractors to negotiate a pricing package for the project. The Landscape Architect will assist with the following tasks: • Be available to answer questions and to assist with this negotiation process. • Evaluate preliminary cost estimates by contractors. Some aspects of the project will be considered to be best implemented with a design-build approach, and this will be negotiated at that time with the appropriate contractor or vendor (i.e., graphic panels). C. CONSTRUCTION ADMINISTRATION The Landscape Architect will assist with answering questions and assisting the Contractor with site- related questions during the construction process. The level of construction administration will be determined once the design phase is completed and a scope of work is established. The construction administration phase allows for four trips to the site up to the limits of the fee for this phase, based on our hourly rates. D. SCHEDULE The initial scope will be to prepare the design development plans. We will participate in internal working sessions and periodic review meetings. The goal will be to complete the Design Development Phase for the groundbreaking on Memorial Day 2017. The schedule will permit approximately three to four weeks for your internal review by the Veterans Memorial Committee. E. WORK NOT INCLUDED Work not included in our scope of services includes surveys, soil borings, and coordination with utility work, including electrical distribution that might need to be brought to the site for the kiosk, site lighting, plumbing from the site's main water line, etc. Also not included is assistance with the approval process beyond normal internal reviews with the Town of Chapel Hill and Orange County. It is not anticipated that a full set of specifications including General Conditions, etc., will be required; if it is required, this will be considered an extra service. Also not included is the preparation of a three- dimensional model to convey the design intent and preparation of additional graphic material suitable DocuSign Envelope ID: 31 ED98F9-37A4-401 F-B3B5-BFDF2233FDC3 Orange County Veterans Memorial May 23, 2017 Page 3 of 3 for marketing purposes. Additional detailing and preparation of drawings to a construction level will be an extra service. Structural or architectural design of the entry kiosk or structural walls will also be an extra service. F. FEE The fees below are provided as estimates or allowances based on the scope of work outlined above. I have attempted to provide these fee breakouts in a shopping list format, which might assist you in evaluating our process. These fee estimates are based on assumptions of the tasks as described in the above scope of services. 1. Update concept level plans to preliminary level plans 7 hours at $100/hr $ 700 Prepare quantity take-offs and preliminary level budget estimate of construction value 2. Meetings and coordination of Phase 1 design with 2 hours at $100/hr $ 200 Committee and Orange County facilitator 3. Preparation of Phase 1 Design Development level plans 9 hours at $ 65/hr $ 585 for initial pricing 16.5 hours at $100/hr $1,650 4. Construction administration and design development level 7.5 hours at $100/hr $ 750 construction observation: Allowance for 4 site visits and response to contractor questions Total Fee Estimate for Phase 1 only: $3,885 Reimbursable expenses including travel and reproduction and printing expenses made on behalf of the project will be billed at cost. I anticipate these costs not to exceed $150. The designer reserves the right to renegotiate the fee in the event the Veterans Memorial Committee makes major changes to the scope that deviate from the approved concept level plan. Services will be billed upon completion of Design Development documents for Phase 1. Additional services for extra work will be charged at the following hourly rates: Principal (Landscape Architect) $125 Project Landscape Architect $100 Drafting and Production $ 65 Administrative $ 60 We look forward to working with you on this project. Respectfully Submitted: Accepted: i avId Swam, om, David Swanson, PLA for Orange County Date Date Proposal Veterans Memorial Phase 1.doc DocuSign Envelope ID: 31 ED98F9-37A4-401 F-B3B5-BFDF2233FDC3 332384 ,4CORI$ CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 6/6/2017 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 have ADDITIONAL INSURED provisions or 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 Roy Anne Larson 855-491-0974 PHONE FAX (NC,No,Ext): 612-594-5569 (NC,No): Wells Fargo Insurance Services USA, Inc. E-MAIL a.larson ro wellsar ADDRESS: roy.a.larson@wellsfargo.com @ 9 550 South 4th St INSURER(S)AFFORDING COVERAGE NAIL# Minneapolis, MN 55415 INSURERA: Hartford Casualty Insurance Company 29424 INSURED INSURER B: Auto-Owners Insurance Co. 18988 Swanson&Associates PA INSURER C: 100 E Carr St INSURER D: INSURER E: Carrboro NC 27510-2328 INSURER F: COVERAGES CERTIFICATE NUMBER: 11884467 REVISION NUMBER: See below 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 INSD.WVD. POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY 41 SBAPS6105 6/1/2017 6/1/2018 EACH OCCURRENCE 5 2,000,000 RETED CLAIMS-MADE X OCCUR PREMISES O(Ea occurrence) $ 300,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG 5 4,000,000 OTHER: $ B AUTOMOBILE LIABILITY 4687031900 7/6/2016 7/6/2017 COMBINED SINGLE LIMIT $ 500,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (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 ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICER/MEMBEREXCLUDED? 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) CERTIFICATE HOLDER CANCELLATION Orange County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO Box 8181 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE //�� t.-/( M..... The ACORD name and logo are registered marks of ACORD ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) (This certificate replaces certificate#11855719 issued on 6/1/2017) DocuSign Envelope ID: 31 ED98F9-37A4-401 F-B3B5-BFDF2233FDC3 AC J CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)6/6/2017 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 r ,Ext): (704)799-1600 FAX No): (709)799-2955 P.O. Box 2490 ADDRESS:cert @imcipls.com INSURER(S)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 INSURERD: INSURER E: Carrboro NC 27510 INSURERF: COVERAGES CERTIFICATE NUMBER:1/12/17 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 LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ 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 $ A Professional Liability LAH114053299 1/12/2017 1/12/2018 Per Claim $500,000 Aggregate $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be 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 PO Box 8181 ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE Jeff Todd/NF ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025 r7mdm i