HomeMy WebLinkAbout2017-605-E Arts - David Hinkle for construction of Gold Park Bee Hotel DocuSign Envelope ID:OFEF1983-CF97-41 B4-A62D-85E8210991 DF
[Departmental Use Only]
TITLE OCAC/David Hinkle
FY 17-18
ORANGE COUNTY
CONTRACT UNDER$15,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this 10 day of October, 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 Hinkle (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: See Exhibit A, "Request for Proposals: Gold Park Bee Hotel" which is
attached and hereby incorporated in this document by reference.
The term of this agreement rendered shall be from October 10, 2017 to November 4, 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 three
thousand, ($3,000.00). 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
Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is
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DocuSign Envelope ID:OFEF1983-CF97-41 B4-A62D-85E8210991 DF
incorporated herein by reference and may be viewed at
http://www.orangecountync.gov/dopartmonts/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:OFEF1983-CF97-41 B4-A62D-85E8210991 DF
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:OFEF1983-CF97-41 B4-A62D-85E8210991 DF
IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of
the day first written above.
ORANGE COUNTY PROVIDER
DocuSigned by: --DocuSigned by:
By Ej01A,V,ii�t, hoit4AU(S By: �1'' 1,Ip-�
941k';
t -neger Titl",$°---B094CB8E55514AB_.
200 S. Cameron St.
P.O. Box 8181
Hillsborough,NC 27278
Revised 2/17 4
DocuSign Envelope ID:OFEF1983-CF97-41 B4-A62D-85E8210991 DF
//
Request for Qualifications:
0.2 GOLD PARK BEE HOTEL Public Art Project
'/m' ° ,/''u'/ A project of Orange County Arts Commission , the Town of Hillsborough
and the Hillsborough Tourism Authority
Introduction:
The Orange County Arts Commission (OCAC) in partnership with the Town of Hillsborough,
NC, and the Hillsborough Tourism Development Authority, is seeking an artist to design,
fabricate, and install an exterior, permanent pollinator habitat art piece. The "Bee Hotel" will
be located in Gold Park at 415 Dimmocks Mill Road in Hillsborough.
Background:
In 2016, Hillsborough became the 35th city in the country to be named as "Bee City USA."
The Bee City USA program seeks to raise awareness of the role that pollinators play in the
ecosystem and promote activities to protect, preserve, and build healthy habitats for
pollinators. Unlike the widely publicized honey bees that live in colonies, the 500 lesser-
known species of bees native to North Carolina are solitary insects that nest in native
habitats, which are increasingly threatened by rapid development and environmental
degradation.
The Town of Hillsborough Tree Board and its partners have worked to create pollinator
gardens throughout town, the most established being at Gold Park. To further expand the
habitat for native pollinators, the town wishes to place a "showcase" bee hotel within the
pollinator garden of Gold Park. This large, highly visible, bee hotel will serve as functional
public art, as well as an inspirational and educational focal point for the park's visitors. The
unveiling of the bee hotel will coincide with "Build Your Own Bee Hotel" workshops hosted
by the Hillsborough Arts Council. The goal is to have many smaller bee hotels located
around town, at private residences, and along the Hillsborough Riverwalk.
Project Specifications:
The OCAC seeks an artist to design, build, install and maintain the Gold Park Bee Hotel. The
hotel should combine functionality with artistic design and craftsmanship, and must adhere
to the following specifications:
• Be larger than 2' tall 4' wide, but no larger than 6' tall, 8' wide
• Not contain any chemical or pressure treated wood
• Be enclosed in the back and open in the front
• Feature a sloping roof to shed rain, with eaves at least 6" deep
• Contain "rooms" made of native wood and other natural materials such as bamboo,
pine cones, or hollow reeds, cut to the same length as the frame, to not extend past
DocuSign Envelope ID:OFEF1983-CF97-41 B4-A62D-85E8210991 DF
the rain shield. Rooms should be in varying sizes to accommodate the varying sizes
and preferences of native bees. Any wooden openings to the rooms should be sanded
and smooth.
• Not contain any paint, sealant or synthetic materials, or natural materials that are
harmful or known pollinator deterrents
• Be mounted on a stand at least 2'off the ground
• Be securely mounted and able to withstand flooding
• Be maintained for three years. As a precaution against transmitting disease, it is
recommended that the "rooms" be replaced after each spring, following the hatching
of pollinator eggs contained in the hotel.
Budget:
Funding for the bee hotel is provided by OCAC, the Town of Hillsborough and Hillsborough
Development Tourism Authority. A budget of $3,000 must cover all associated costs of the
project, including but not limited to design, fabrication, materials, labor, transportation,
insurance, and installation of the art feature.
The selected artist will receive a contract for design, fabrication, installation and
maintenance services from the OCAC. The artwork shall be owned by the Town of
Hillsborough, NC. The artist shall retain copyright, and must allow Orange County, OCAC,
the Town of Hillsborough, the Hillsborough Arts Council and the Hillsborough Tourism
Development Authority permission to use images for educational and promotional
purposes.
Eligibility:
The project is open to artists living in North Carolina, age 18 and over, regardless of race,
creed, color, sex, sexual orientation, gender identity, pregnancy, age, religion, political
affiliation or beliefs, national origin, or handicap, unless a bona fide occupational
qualification exists.
RFQ Selection Process:
A review committee will evaluate all submittals and select the artist based on his/her
application. In the event that the committee does not reach a decision in the first round of
applications, finalists may be asked to present to the committee in person.
Required Submission Materials:
• Statement of interest, including relevant past projects/experience, as well as
knowledge of pollinator habitats and best practices
• Project budget including estimated costs for design, fabrication, materials, labor,
transportation, insurance (until the point of completed installation), installation and
maintenance of the bee hotel
DocuSign Envelope ID:OFEF1983-CF97-41 B4-A62D-85E8210991 DF
• Resume or CV
• Up to five (5) relevant work samples with a corresponding numbered list describing
each image. Samples may include website links, digital images in pdf or jpg format
either emailed or on a CD, or prints
• Self-addressed stamped envelope for the return of hardcopy materials (if needed)
Schedule:
Friday, July 14, 2017: Deadline for submission due at 5:00 p.m. (this is not a postmark
deadline)
Week ofJuly 17, 2017: Committee review and selection of artist
Week ofJuly 24, 2017: Notification of selected artist
Saturday, October 28, 2017: Unveiling of bee hotel at Gold Park, with corresponding
workshops hosted by the Hillsborough Arts Council taking place at the River Park Concert
To Apply:
By mail: Drop off:
Orange County Arts Commission Orange County Arts Commission
Attn: Katie Murray Attn: Katie Murray
P.O. Box 8181 (Link Building) 200 S. Cameron Street
Hillsborough, NC Hillsborough, NC
27278 2 72 78
Email:
Submissions may be emailed to arts @orangecountync.gov; however, due to email filters, it
is recommended that large files be either sent as a .zip file (10M max) or sent as links to
Dropbox or Google Drive files.
Inquiries:
Katie Murray
Director, Orange County Arts Commission
919-245-2335
kmurray@orangecountync.gov
Site Photo:
DocuSign Envelope ID:OFEF1983-CF97-41 B4-A62D-85E8210991 DF
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