HomeMy WebLinkAbout2020-164-E AMS - Burke Design Group Motorpool HVAC DocuSign Envelope ID:CA620586-ABFE-43A8-83D0-78EFC64B6215
[Departmental Use Only]
Title HVAC Design Motorpool
FY 2019-20
NORTH CAROLINA
CONSULTING SERVICES AGREEMENT RFQ
ORANGE COUNTY
This Agreement, made and entered into this 2nd day of March, 2020, ("Effective Date") by
and between Orange County, North Carolina a political subdivision of the State of North
Carolina (hereinafter, the "County") and Burke Design Group, PA, (hereinafter, the
"Consultant").
WITNESSETH:
That the County and Consultant, for the consideration herein named, do hereby agree as
follows:
ARTICLE 1 SCOPE OF WORK
1.1 Scope of Work
1.1.1 This Services Agreement ("Agreement") is for professional consulting services to
be rendered by Consultant to County with respect to (insert type of project)Design Services for
the Orange County Transportation Motor Pool HVAC Renovations.
1.1.2 By executing this Agreement, the Consultant represents and agrees that Consultant
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.
1.1.3 Time is of the essence with respect to this Agreement.
1.1.4 The services to be performed under this Agreement consist of Basic Services, as
described and designated in Article 3 hereof. Compensation to the Consultant for Basic Services
under this Agreement shall be as set forth herein.
ARTICLE 2 RESPONSIBILITIES OF THE CONSULTANT
2.1 Services to be Provided. The Consultant shall provide the County with all services
required in Article 3 to satisfactorily complete the Project within the time limitations set forth
herein and in accordance with the highest professional standards.
2.2. Standard of Care
2.2.1 The Consultant shall exercise reasonable care and diligence in performing services
under this Agreement in accordance with generally accepted standards of this type of Consultant
practice throughout the United States and in accordance with applicable federal, state and local
laws and regulations applicable to the performance of these services. Consultant is solely
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responsible for the professional quality, accuracy and timely completion and submission of all
reports, drawings, specifications, plans, documents and services (hereinafter "Deliverables")
related to the Basic Services.
2.2.2 The Consultant shall be responsible for all errors or omissions in the deliverables
prepared by the Consultant.
2.2.3 The Consultant shall correct at no additional cost to the County any and all errors,
omissions, discrepancies, ambiguities, mistakes or conflicts in any Deliverables prepared by the
Consultant.
2.2.4 The Consultant shall assure that all Deliverables prepared by it hereunder are in
accordance with applicable laws, statutes, and that any necessary or appropriate applications for
approvals are submitted to federal, state and local governments or agencies in a timely manner so
as not to delay the Project.
2.2.5 The Consultant shall not, except as otherwise provided for in this Agreement,
subcontract the performance of any work under this Agreement without prior written permission
of the County. No permission for subcontracting shall create, between the County and the
subcontractor, any contract or any other relationship.
2.2.6 Any and all employees of the Consultant engaged by the Consultant in the
performance of any work or services required of the Consultant under this Agreement, shall be
considered employees or agents of the Consultant only and not of the County, and any and all
claims that may or might arise under any workers compensation or other law or contract on
behalf of said employees while so engaged shall be the sole obligation and responsibility of the
Consultant.
2.2.7 If activities related to the performance of this agreement require specific licenses,
certifications, or related credentials Consultant represents that it and/or its employees, agents and
subcontractors engaged in such activities possess such licenses, certifications, or credentials and
that such licenses certifications, or credentials are current, active, and not in a state of suspension
or revocation.
ARTICLE 3 BASIC SERVICES
3.1 Basic Services
3.1.1 The Consultant shall perform as Basic Services the work and services described
herein and as specified in the County's Request for Qualifications RFQ Number 5277 for
Professional Services for the HVAC Replacements within Multiple County Facilities (the
"RFQ") issued November 18, 2020, which is fully incorporated and integrated herein by
reference together with Attachments A: Fee Agreement dated 2/7/2020, B: RFQ Response Dated
12/9/2019 (designate all attachments).
3.1.2 The Basic Services will be performed by the Consultant in accordance with the
following schedule: (Insert task list and milestone dates)
Task Milestone Date
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1. Schmatic Design April 6, 2020
2. Design Development April 27, 2020
3. Construction/Permit Documents May 18, 2020
4. Bidding June 15, 2020
5. Construction Administration October 22, 2020
6.
7.
8.
9.
10.
3.1.3 Should County reasonably determine that Consultant has not met the Milestone
Dates established in Section 3.1.2 of this Article, County shall notify Consultant of the failure to
meet the Milestone Date. The County, at its discretion may provide the Consultant seven (7)
days to cure the breach. County may withhold the accompanying payment without penalty until
such time as Consultant cures the Breach. In the alternative, upon Consultant's failure to meet
any Milestone Date the County may modify the Milestone Date schedule. Should Consultant or
its representatives fail to cure the breach within seven (7) days, or fail to reasonably agree to
such modified schedule County may immediately terminate this Agreement in writing without
penalty or incurring further obligation to Consultant. This section shall not be interpreted to
limit the definition of breach to the failure to meet Milestone Dates.
ARTICLE 4 DURATION OF SERVICES
4.1 Scheduling of Services
4.1.1 The Consultant shall schedule and perform his activities in a timely manner so as
to meet the Milestone Dates listed in Article 3.
4.1.2 Should the County determine that the Consultant is behind schedule, it may require
the Consultant to expedite and accelerate his efforts, including providing additional resources
and working overtime, as necessary, to perform his services in accordance with the approved
project schedule at no additional cost to the County.
4.1.3 The Commencement Date for the Consultant's Basic Services shall be March 2,
2020.
ARTICLE 5 COMPENSATION
5.1 Compensation for Basic Services
5.1.1 Compensation for Basic Services shall include all compensation due the
Consultant from the County for all services satisfactorily (as determined by the County)
performed pursuant to this Agreement except for any authorized Reimbursable Expenses which
are defined herein. The maximum amount payable for Basic Services is Eleven Thousand
Dollars ($11,000.00). Payment for Basic Services shall become due and payable in direct
proportion to satisfactory services performed and work accomplished. Payments will be made as
percentages of the whole as Project milestones as set out in Section 3.1.2 are achieved. (For
example, if there are 10 Project Tasks with Milestone Dates then Consultant may invoice for the
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first 10% of the whole upon County's acknowledgement of the satisfactory completion of Task
one. Upon the County's acknowledgement that the second Task has been satisfactorily
completed Consultant may invoice for the next 10% of the whole.)
ARTICLE 6 RESPONSIBILITIES OF THE COUNTY
6.1 Cooperation and Coordination
6.1.1 The County has designated Angel Barnes to act as the County's representative with
respect to the Project and shall have the authority to render decisions within guidelines
established by the County Manager and the County Board of Commissioners and shall be
available during working hours as often as may be reasonably required to render decisions and to
furnish information.
6.1.2 The County shall be solely responsible for determining whether Consultant as
satisfactorily completed Tasks associated with Milestone Dates. Upon County's written
determination to Consultant that a Task has been satisfactorily completed by its accompanying
Milestone Date Consultant may submit an invoice for payment. It is agreed that County shall not
unreasonably withhold its determination of satisfactory completion of any Task. In the event the
amount of an invoice is disputed County may withhold payment until the dispute is resolved by
the parties. County may also withhold payment on an invoice until the satisfactory completion of
a Task by Consultant.
ARTICLE 7 INSURANCE AND INDEMNITY
7.1 General Requirements
7.1.1 Consultant shall obtain, at its sole expense, Commercial General Liability
Insurance, Automobile Insurance, Workers' Compensation Insurance, Professional Liability
Insurance, and any additional insurance as may be required by Owner'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.oran ec�ountync. og v/departments/purchasing division/contracts.ph ). If Owner's Risk
Manager determines additional insurance coverage is required such additional insurance shall be
designated here N/A (if no additional insurance required mark N/A as being not applicable).
Consultant shall not commence work until such insurance is in effect and certification thereof
has been received by the Owner's Risk Manager.
7.2 Indemnity
7.2.1 To the extent authorized by North Carolina law the Consultant agrees, without
limitation, to indemnify and hold harmless the County from all loss, liability, claims or expense,
including attorney's fees, arising out of or related to the Project and arising from property
damage or bodily injury including death to any person or persons caused in whole or in part by
the negligence or misconduct of the Consultant except to the extent same are caused by the
negligence or willful misconduct of the County. It is the intent of this provision to require the
Consultant to indemnify the County to the fullest extent permitted under North Carolina law.
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ARTICLE 8 AMENDMENTS TO THE AGREEMENT
8.1 Changes in Basic Services
8.1.1 Changes in the Basic Services and entitlement to additional compensation or a
change in duration of this Agreement shall be made by a written Amendment to this Agreement
executed by the County and the Consultant. The Consultant shall proceed to perform the
Services required by the Amendment only after receiving a fully executed Amendment from the
County.
ARTICLE 9 TERMINATION
9.1 Termination for Convenience of the County
9.1.1 This Agreement may be terminated without cause by the County and for its
convenience upon seven (7) days prior written notice to the Consultant.
9.2 Other Termination
9.2.1 The Consultant may terminate this Agreement based upon the County's material
breach of this Agreement; provided, the County has not taken all reasonable actions to remedy
the breach. The Consultant shall give the County seven (7) days' prior written notice of its intent
to terminate this Agreement for cause.
9.3 Compensation After Termination
9.3.1 In the event of termination, the Consultant shall be paid that portion of the fees
and expenses that it has earned to the date of termination, less any costs or expenses incurred or
anticipated to be incurred by the County due to errors or omissions of the Consultant.
9.3.2 Should this Agreement be terminated, the Consultant shall deliver to the County
within seven (7) days, at no additional cost, all Deliverables including any electronic data or files
relating to the Project.
9.4 Waiver
9.4.1 The payment of any sums by the County under this Agreement or the failure of
the County to require compliance by the Consultant with any provisions of this Agreement or the
waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim
for damages by the County for any breach of this Agreement or a waiver of any other required
compliance with this Agreement.
9.5 Suspension
9.5.1 County may suspend suspend the work at any time for County's convenience
and without penalty to County upon three (3) days' notice to Consultant. Upon any suspension
by County, Consultant shall discontinue the work and shall not resume the work until notified to
proceed by County.
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ARTICLE 10 ADDITIONAL PROVISIONS
10.1 Relationship of Parties
10.1.1 Consultant is an independent contractor of the County. Neither Consultant nor
any employee of the Consultant shall be deemed an officer, employee or agent of the County.
Consultant's personnel shall not be employees of, or have any contractual relationship with the
County.
10.2 Limitation and Assignment
10.2.1 The County and the Consultant each bind themselves, their successors, assigns
and legal representatives to the terms of this Agreement. Neither the County nor the Consultant
shall assign or transfer its interest in this Agreement without the written consent of the other.
10.3 Governing Law
10.3.1 This Agreement and the duties, responsibilities, obligations and rights of
respective parties hereunder shall be governed by the laws of the State of North Carolina.
Consultant 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 the
Orange County Living Wage Policy (both policies are incorporated herein by reference and may
be viewed at http://www.oran eg countync. og v/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 the definition of breach to discrimination. By executing this Agreement
Consultant affirms that Consultant and any subcontractors of Consultant are and shall remain in
compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. Where
applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the
General Statutes constitutes Consultant's breach of this Agreement. By executing this
Agreement Consultant affirms Consultant is in compliance with Article 2 of Chapter 64 of the
North Carolina General Statutes. By executing this Agreement, Consultant certifies that
Consultant has not been identified, and has not utilized the services of any agent or subcontractor
identified, on the Iran divestment list created by the State Treasurer pursuant to G.S. 147-86.58
or the Israel boycott list created pursuant to G.S. 147-86.81.
10.4 Dispute Resolution
10.4.1 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 and it is
agreed by the parties that no other court shall have jurisdiction or venue with respect to such
suits or actions. The Parties may agree to nonbinding mediation of any dispute prior to the
bringing of such suit or action.
10.5 Extent of Agreement
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10.5.1 This Agreement, together with the RFQ and attachments distributed by the
County and the Consultant's submitted response to the RFQ, all of which constitute the Contract
Documents, represents the entire and integrated agreement between the County and the
Consultant and supersedes all prior negotiations, representations or agreements, either written or
oral. In the event of a conflict among the terms of the Contract Documents, the priority of
documents shall be this Agreement, the County's RFQ, attachments to the County's RFQ, and
the Consultant's response to the RFQ. This Agreement may be amended only by written
instrument signed by both parties. Modifications may be evidenced by facsimile signatures.
10.6 Severability
10.6.1 If any provision of this Agreement is held as a matter of law to be
unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties.
10.7 Ownership of Deliverables
10.7.1 All Deliverables, together with all supporting materials, source documentation,
data collected, field notes, and working drafts, developed in the performance of this Agreement
shall become the property of the County and may be used on any other project without additional
compensation to the Consultant. The use of the Deliverables by the County or by any person or
entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk
of the County.
10.8 Non-AI212ropriation
10.8.1 Consultant 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 Consultant of the unavailability
and non-appropriation of public funds. It is expressly agreed that County shall not activate this
non-appropriation provision for its convenience or to circumvent the requirements of this
Agreement,but only as an emergency fiscal measure during a substantial fiscal crisis.
In the event of a change in the County's statutory authority, mandate and/or mandated functions,
by state and/or federal legislative or regulatory action, which adversely affects County's
authority to continue its obligations under this Agreement, then this Agreement shall
automatically terminate without penalty to County upon written notice to Consultant of such
limitation or change in County's legal authority.
10.9 Notices and Sijznatures
10.9.1 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.
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10.9.2 Any notice required by this Agreement shall be in writing and delivered by
certified or registered mail, return receipt requested to the following:
Orange County Consultant's Name &Address
Attention: A. Barnes Burke Design Group, PA
P.O. Box 8181 3305-109 Durham Road
Hillsborough,NC 27278 Raleigh,NC 27603
IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder
set their hands and seal, all as of the day and year first above written.
ORANGE COUNTY: PROVIDER:
By:[ 3/3/2020 By: � � b fit. 3/2/2020
Bonnie Hammersley, County Manager Ben Burke, PE, President
Orange County Printed Name and Title
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ORANGE COUNTY-DEPARTMENT USE ONLY
Party/Vendor Name: Burke Design Group, PA Party/Vendor Contact Person: Ben Burke (ben(d),bdg-nc.com)
Contact Phone: 919.771.1916 Party/Vendor Address: 3305-109 Durham Rd. City Raleigh State: NC Zip: 27603
Department: AMS Amount: $11,000.00 ($10,500 for Design per proposal, $500 Reimbursables) Purpose: Motor
Pool Facility HVAC Design Services Budget Code(s): 61370035-870000-30018 Vendor # 60926 (N/A if new
vendor) Vendor is a BOCC consultant? Yes ❑ No® Contract Type: (Check one) New ® Renewal ❑
Amendment ❑ Effective Date 3/2/2020 Approved by Board Yes❑No® Agenda Date:
This agreement is approved as to technical form and content and I as Department Director affirmatively state work
on this project has not been initiated prior to execution of the agreement:
Department Director's Signature[ 3/z/zozo
�w t Date:
Agreements for emergency services or repair are not subject to the above affirmation. If services related to this
agreement have already begun or been completed please briefly describe the nature of the emergency condition that
was addressed: N/A
Risk Management
This agreement is approved for sufficiency of insurance standards,specifications,and requirements:
Office of the Risk Management Office 1 5,, bn1t f° Date: 3/2/2020
Financial Services
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control
P[ Act: o�vsa
Office of the Chief Financial Officer Date:3/3/2020
Legal Services
This agreement is approved as to legal form and sufficiency:
Office of the County Attorney[?? H +�'qu Date:3/3/2020
Clerk to the Board
Received for record retention:
All Docusign contracts must be copied to Sherri Ingersoll upon completion: singersoll@orangecountync.gov
The following signature block is for hard copies only and is not required for Docusign contracts:
Office of the Clerk to the Board Date:
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i3UFUCE DESIGN GROUP, i=a FIXED FEE AGREEMENT
CONSUL1rING E!NGINEEFS FOR PROFESSIONAL
(919) 771-1916 ■ (919) 779--0826 fax SERVICES
3305-109 Durham Dr.
ra Raleigh, NC 27603
2/7/2020
Angel Barnes, Capital Projects Manager
Orange County Asset Management Services
131 West Margaret Lane
Hillsborough, NC 27278
RE: Orange County Transportation Motor Pool HVAC Renovations
Proposal for Engineering Services
1) SERVICES
Burke Design Group, P.A. (hereinafter BDG), agrees to provide the following
normal services, performed in a manner consistent with professional skill and
care for the project listed above: Renovation of the existing equipment
shop HVAC systems to include the addition of air conditioning to the
shop area. Additional gas fired unit heaters will be added to supplement
the existing infrared heating system. Drawings provided by BDG shall be
sufficient to obtain a permit for construction. All specifications for any
specialized equipment, to be installed in the space, shall be supplied to BDG
prior to commencement of work. Any signage design or permitting is not
covered by this contract.
A) Design Documents
I. Code Summary sheets with Appendix B
II. Engineering Drawings (Mechanical and Electrical only)
III. Regular Review process and responses to code authorities
IV. Bidding assistance will be provided
V. Normal Construction Administration Services
2) ADDITIONAL SERVICES
The following are not included in normal services and are considered
additional services.
A) Any site drawings required.
B) Express Reviews. The client is responsible for all incurred expenses and
time spent by BDG.
C) As Built Drawings, if not provided by the owner or contractor.
D) Any Fire Suppression (sprinkler) drawings required.
E) Interior Design beyond space planning.
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F) Specialized lighting design and fixture selection beyond typical layout and
specifications.
G) Changes to or deviations from the drawings as a result of value
engineering, contractor or owner changes, inaccurate or incomplete site
information which requires changes to drawings or time to be spent by
BDG.
H) Research of any Hazardous Materials or Processes as defined in the
NCSBC Fire Code to be used or stored in the tenant space.
BDG shall assist with the pricing of approved drawings by General Contractors
through a bidding process for a fee (see compensation schedule below).
Pricing assistance for alternative systems, materials, etc. shall be offered at an hourly
rate (see Rate Schedule).
3) CLIENT'S RESPONSIBILITIES
The Client shall provide full information about objectives, schedule,
constraints, and existing conditions of the project, and shall establish a budget
with reasonable contingencies that meet the project requirements. The Client
shall furnish surveying, geotechnical engineering and environmental testing
services upon request by the Engineer. The Client shall employ a contractor
to perform the construction work and to provide cost-estimating services. The
Client shall furnish for the benefit of the project all legal, accounting and
insurance counseling services. The Client is responsible for all review and
permit fees required by the code authority for plan approval and the release for
construction.
4) COMPENSATION
BDG shall be compensated with a fixed fee of $10,500.00 (ten thousand five
hundred dollars) for the aforementioned services, consisting of the following
components:
Permit drawings= $7,500.00
Bidding= $1,000.00
Construction Administration= $2,000.00
BDG will also provide and "Additional Services" beyond the aforementioned
normal services when authorized by the client. BDG shall be compensated for
these Additional Services based on an hourly rate (see Rate Schedule). The
hourly rate includes providing services required by changes in the Project
including, but not limited to, size, quality, approval authorities, complexity, the
Owner's schedule, or the method of bidding or negotiating and contracting for
construction. Additional Services performed during the month will be billed at
the beginning of the following month.
3305-109 Durham Drive, Raleigh, NC. 27603. Tel: (919) 771-1916
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Rate Schedule:
Engineering
Principle: $135
Senior Designer: $95
Designer: $75
CAD Designer: $65
CAD Technician: $55
Administrative: $45
All payments are due and payable upon receipt of the Engineer's invoice. An
interest charge of 1.5% will be applied to all invoices not paid within thirty (30)
days of issuance. Full payment is required by BDG prior to releasing
documents for submittal of construction permitting.
The Client shall provide payment prior to submittal of final construction
documents for permitting equal to the permit drawing contract sum.
Payment for the bidding and construction administration services shall
be billed monthly.
BDG retains the right to construction documents as intellectual property and
reserves the right to revoke privilege to use permitted documents for
construction in the event payment is not received in full.
In the event site plan or plot plan approval is required, the Client shall provide
compensation for all site related work performed to date upon approval of
preliminary site plan or plot plan by the code authority. Compensation shall
include all reimbursable expenses, additional services, etc. incurred to date.
BDG and the client agree when BDG's services shall not include Construction
Phase services, the Client shall be solely responsible for interpreting the
Contract Documents and observing the Work of the Contractor to discover,
correct or mitigate errors, inconsistencies or omissions and that if Client
authorizes deviations, recorded or unrecorded, from the documents prepared
by BDG, the Client shall not bring any claim against BDG and shall indemnify
and hold BDG, its agents and employees harmless from and against claims,
losses, damages and expenses, including but not limited to defense costs and
the time of BDG, to the extent of such claim, loss, damage or expense arises
out of or results in whole or in part from such deviations, regardless of whether
or not such claim, loss, damage or expense is caused in part by a party
indemnified under this provision.
5) REIMBURSEABLE EXPENSES
Reimbursable expenses are in addition to compensation and include expenses
incurred by the Engineer, employees, and consultants directly related to the
Project as follows:
3305-109 Durham Drive, Raleigh, NC. 27603. Tel: (919) 771-1916
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Transportation in connection with the project; fees paid for securing approval
of authorities having jurisdiction over the project; reproductions, plots, standard
form documents, postage, handling and delivery of instruments of service;
overtime expenses approved by the Owner; renderings; models and mock-ups
requested by the Owner; other similar direct project-related expenses.
Express reviews and hours-incurred are considered reimbursable expenses.
Any additional prints beyond those required for permitting (for project pricing,
landlord use, etc.) are considered a reimbursable expense. BDG shall provide
digital copies of approved plans for client's use upon request free of charge.
6) SUCCESSORS OR ASSIGNS
The client and BDG each binds themselves, successors, assigns, or legal
representatives to all covenants of this agreement. Neither party may assign,
sublet, or transfer his interest in the agreement without the written consent of
the other.
7) HAZARDOUS MATERIALS
The Engineer and Engineer's consultants shall have no authority for the
identification, discovery, presence, handling, removal or disposal of, or
exposure of persons to, hazardous materials in any form on the project.
8) COLLECTION
In the event BDG employs an attorney to collect money owed under this
contract, the Client agrees to pay reasonable attorney's fees not exceeding the
sum equal to twenty-five percent (25%) of the outstanding balance owing at
that time. In addition, BDG is entitled to other reasonable expenses incurred
by BDG in connection with the collection of this account.
9) PROFESSIONAL LIABILITY
BDG shall not remain liable for damages as a result of our negligent acts,
errors or omissions beyond the final invoiced amount or twenty-five thousand
dollars ($25,000), whichever is greater.
10) TERMINATION, SUSPENSION, OR ABANDONMENT
Termination: This agreement may be terminated by either party upon thirty
days written notice to the other party and all outstanding balances will be
considered due immediately.
Suspension: If the project is suspended or delayed for more than three (3)
months, in whole or in part, BDG shall be paid its compensation for services
performed prior to receipt of written notice of such suspension. If the project is
again resumed after this suspension, compensation shall be subject to re-
negotiation.
3305-109 Durham Drive, Raleigh, NC. 27603. Tel: (919) 771-1916
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Abandonment: If the project is abandoned, in whole or in part, them BDG
shall be paid its compensation for services performed prior to written notice of
such abandonment.
Compensation: In the event of termination, suspension or abandonment,
hours-incurred by BDG and its consultants shall be billed at an hourly rate
against the retainer (see Rate Schedule) plus reimbursable expenses.
11) WARRANTY
The Engineer makes no warranty, either expressed or implied, as to the
Engineer's findings, recommendations, plans, specifications, or professional
advice. The Engineer has endeavored to perform its services in accordance
with generally accepted standards of practice in effect at the time of
performance. The Client recognizes that neither the Engineer nor any of the
Engineer's consultants or contractors owes and fiduciary responsibility to the
Client.
12) OWNERSHIP
These permit documents will be prepared under contract for a specific project
and will remain the intellectual property of the Engineer. These documents are
not to be used for any other purpose without the express written approval of
BDG.
This Contract is to be governed and construed in accordance with the laws of the
State of North Carolina. This Contract is null and void if not signed and returned
within 30 days of the date of issue.
This is the 7t" day of February 2020.
BURKE DESIGN GROUP, PA CLIENT:
DATE DATE:
3305-109 Durham Drive, Raleigh, NC. 27603. Tel: (919) 771-1916
DocuSign Envelope ID:CA620586-ABFE-43A8-83DO-78EFC64B6215
r 13URKE-1 OP ID:SR
,4,lCoRO` CERTIFICATE OF LIABILITY INSURANCE 7DATE 10212 Y 0/02/2020
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($), 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 1S 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 endorsements.
PRODUCER CONTACT
THE YOUNG GROUP OF FUQUAY NAME:
411 N Judd Parkway NE,Suite A arcNNo Ext:919-552-8274 FAX No): 919-552-4615
Fuquay-Varina, NC 27526 E-MAIL
ADDRESS:
INSURER 5 AFFORDING COVERAGE NAIC#
INSURER A:Hartford Underwriters Ins.Co. 130104
INSURED Burke Design Group Pa INSURER B:Erie Insurance Group 126271
Ben Burke #136 in addr 12218 Bradford Green Square wsURERc:RLI Insurance Company
Cary, NC 27519 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 VWK POUCY EFF POLICY EXP
LTR TYPE OF INSURANCE twsFz wvn POLICY NUMBER MMIDDIYYYY MMIDD OMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00
A X COMMERCIAL GENERAL LIABILITY 22SBAVD6060 12/23/2019 12/23/2020 DAMAGE
GPREMISETO RENTED
Ea occur ence $ 1,000,00
CLAIMS-MADE OCCUR IVIED EXP(Any one person) $ 10,00
PERSONAL&ADV INJURY $ 1,000,00
GENERAL AGGREGATE $ 2,000,00
GEN'L AGGREGATE LIMIT APPLIES PERt PRODUCTS-COMPIOP AGG $ 2,000,00
POLICY F7 PRO LCC $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,00
Ea accident $
B ANY AUTO 012-2330364 12/23/2019 12/23/2020 BODILY INJURY(Per person) S
ALL OWNED SCHEDULED
AUTOS X AUTOS BODILY INJURY(Per accident) S
NON-OX HIREDAUTOS X AUT SWNEO PERPACCIDENATAGE S
UMBRELLA LIAB OCCUR EACH OCCURRENCE S
EXCESS UAB HCLAIMS-MADE AGGREGATE $
DED I I RETENTION$ $
WORKERS COMPENSATION X I WC STATU- OTH-
AND EMPLOYERS'UASIUTYORYA ANY PROPRIETORIPARTNERIEXECUTIVE Y1 N 22WBCRI8597 11/28/2019 11/28/2020 E.L.EACH ACCIDENT S 1,000,00
OFFICERIMEMBER EXCLUDED? ❑ N I A
(Mandatory in NH) E.LDISEASE-EAEMPLOYEE $ 1,000,00
If yes.describe under
DESCRIPTION OF OPERATIONS below E,L,DISEASE-POLICY LIMIT S 1,000,00
C Professional Liabi RDP0037401 09/02/2019 09/02/2020 Prof Liab 1,000,00
Ded 2,50
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required)
CERTIFICATE HOLDER CANCELLATION
ORANGEC
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Orange County, NC Government THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
g ty� ACCORDANCE WITH THE POLICY PROVISIONS.
131 W.Margaret Lane
Hillsborough, INC 27278 AUTHORIZED REPRESENTATIVE
O 1988-2010 ACORD CORPORATION. All rights reserved.
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