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HomeMy WebLinkAbout2020-116-E AMS - HH Architecture 115 E King Street renovationsRevised 11/19 1 [Departmental Use Only] TITLE Link relocate: 115 E King FY 2020 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 10th day of February, 2020, (“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 HH Architecture (the "Provider"), party of the second part; W I T N E S S E T H: 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: Amendment #1 to provide additional time and labor in support of historic approval application of renovations to 115 E. King Street, as detailed in provided Proposal dated January 30, 2020. The term of this agreement rendered shall be from February 10, 2020 to May 31, 20202. 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 (as determined by the County) performed in accord with this Agreement. The amount to be paid by the County shall not exceed three thousand three hundred dollars, ($3,300). 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 DocuSign Envelope ID: 87FE2223-4F1B-4599-8AF3-012C07E2C040 Revised 11/19 2 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.php). If County’s Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here (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: To the extent authorized by North Carolina law the Provider agrees, without limitation, 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. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 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 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.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 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 certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. 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. If such mediation fails either party may initiate litigation to resolve the dispute. Should either party initiate litigation to settle any dispute involving the terms of this Agreement DocuSign Envelope ID: 87FE2223-4F1B-4599-8AF3-012C07E2C040 Revised 11/19 3 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. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER By: _________________________ By: _________________________ Department Director Title: ________________________ 200 S. Cameron St. HH Architecture P.O. Box 8181 1100 Dresser Court Hillsborough, NC 27278 Raleigh, NC 27609 DocuSign Envelope ID: 87FE2223-4F1B-4599-8AF3-012C07E2C040  Page 1 of 2 January 30, 2020 Steven Arndt, MBA, CFM, PEM Asset Management Services Director Orange County Government 300 W Tryon Street, Rm 240 PO Box 8181 Hillsborough, NC 27278 Re: Orange County Emergency Office Upfit – AAmendment #1 HH project number: 19-099 Dear Steven, HH Architecture is pleased to present this Amendment #1 proposal for the emergency office upfit project. Scope Concurrent with design and planning services for the emergency relocation of staff from the Link Government Services Center, this amendment provides for additional time and labor to provide exterior visualizations and elevation drawings in support of a County application for historic approval for renovations 115 E. King Street, Hillsborough, NC. We will provide the County with one (1) exhibit with up to four (4) exterior building elevations and two (2) exterior visualizations depicting scope of the exterior renovations to the existing structure. We understand that the proposed exterior renovations are limited in nature and primarily include the addition of a single window along the rear elevation. The County has already engaged a Contractor in anticipation of performing this work and will secure design for code compliance and permitting outside of this agreement. Assump tions 1. This work does not imply any other design services beyond providing basic exhibits for securing historic approval under the direction of the County. We understand we are not providing permit drawings nor does our involvement extend to any design work associated with code or accessibility review, interior renovations, or securing building permits. Orange County will provide for design and construction services related to code and permit review outside of this agreement. DocuSign Envelope ID: 87FE2223-4F1B-4599-8AF3-012C07E2C040 Page 2 of 2 2. It is understood that the County will prepare the application for the Historic District Commission review process and Certificate of Appropriateness and will present materials necessary to secure approval. HH Architecture will not be required to attend any historic review meetings nor be involved in presentation of application materials. 3. Orange County to provide electronic copies of any as-built drawings for the property. FFee For the scope detailed above, we propose a lump sum fee of TThree Thousand and Three H undred Dollars ($3,300). Schedule We understand this is an emergency project for Orange County and that application materials are due on February 12, 2020 for the March Hillsborough HDC meeting. The following schedule will meet this timeframe: Field Verification 1 week from Notice to Proceed Prepare Drawing Exhibit 1 week Please let me know if you need additional information. We are excited to continue working with the County. Kristen M. Hess, AIA, LEED AP Principal DocuSign Envelope ID: 87FE2223-4F1B-4599-8AF3-012C07E2C040 11/12/2019 Insurance Management Consultants, Inc. P.O. Box 2490 Davidson NC 28036 Rebekah Rosko (704) 799-1600 (704) 799-2955 cert@imcipls.com HH Architecture, PA 1100 Dresser Ct Raleigh NC 27609 RLI Insurance Company 13056 19/20 A PSB0005258 07/13/2019 07/13/2020 2,000,000 1,000,000 10,000 2,000,000 4,000,000 4,000,000 Hired and Non Owned 2,000,000 A PSB0005258 07/13/2019 07/13/2020 2,000,000 A PSW0003050 07/13/2019 07/13/2020 1,000,000 1,000,000 1,000,000 A Professional Liability RDP0036875 07/13/2019 07/13/2020 Per Claim $1,000,000 Aggregate $2,000,000 Orange County P.O. Box 8181 Hillsborough NC 27278 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. 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