Loading...
HomeMy WebLinkAbout2022-180-E-AMS-Swanson & Associates, P.A-RENA Community Center mobile classroom and office landscape servicesRevised 06/21 1 [Departmental Use Only] TITLE RENA Mobile Units FY 2021/22 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, is between Orange County, North Carolina, a body politic organized under the laws of the State of North Carolina, (the "County"), and Swanson & Associates, P.A (the "Provider"). 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 services set out below to the County in accordance with the terms of this Agreement, time being of the essence. The services or materials or construction (hereinafter referred to collectively as “Services”) to be furnished under this Agreement are as follows: Landscape architectural services for the design and preparation of a site plan and assistance with obtaining a Zoning Compliance Permit for the proposed RENA Community Center mobile classroom and office, to be located on the property of the Community Center at 101 Edgar Street in Chapel Hill . Please see attached proposal dated May 2, 2022. The term of this agreement rendered shall be from 05/06/2022 to 10/06/2023. 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 Four Thousand Dollars, ($4000.00). 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. DocuSign Envelope ID: E6A87E94-1B2E-49FE-82DE-254F10028B54 Revised 06/21 2 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 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 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: 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 a nd 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 this Agreement is 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 P rovider 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 Arti cle 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 DocuSign Envelope ID: E6A87E94-1B2E-49FE-82DE-254F10028B54 Revised 06/21 3 dispute. 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. Regardless of the outcome of said litigation each party is responsible for its own costs and fees, including attorneys’ fees. 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 or 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 or non-appropriation of public funds. IN WITNESS WHEREOF, this Agreement is effective upon its execution by Orange County and the Provider. ORANGE COUNTY PROVIDER By: _________________________ By: _________________________ Department Director Title: ________________________ 200 S. Cameron St. Swanson & Associates, P.A P.O. Box 8181 238 Seminole Dr Hillsborough, NC 27278 Chapel Hill, NC 27514 DocuSign Envelope ID: E6A87E94-1B2E-49FE-82DE-254F10028B54 5/10/2022 5/12/2022 Revised 06/21 4 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: Swanson & Associates, P.A Party/Vendor Contact Person: David Swanson Contact Phone: 919- 929-9000 Party/Vendor Address: 238 Seminole Drive City Chapel Hill State: NC Zip: 27514 Department: AMS Amount: $4000.00 Purpose: RENA Community Center Mobile Classroom and Office LANDSCAPE ARCHITECTURAL SERVICES Budget Code(s): : 61370035-870000-10078 Vendor # 57954 (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date Approved by Board Yes No Agenda Date: --- For Section XIV. c. contracts only, Approved by Board in Current FY Budget Yes No 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 ________________________________________ 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: Information Technologies (Applicable only to hardware/software purchases or related services) This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board Received for record retention: All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@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:_________ DocuSign Envelope ID: E6A87E94-1B2E-49FE-82DE-254F10028B54 5/10/2022 5/10/2022 5/12/2022 5/12/2022 RESOLUTION EXEMPTING GRAVELLY HILL MIDDLE SCHOOL STORMWATER WETLAND CONVERSION - DESIGN SERVICES FROM G.S. 143-64.31 WHEREAS, G.S. 143-64.31 requires the initial solicitation and evaluation of firms to perform architectural, engineering, surveying, construction management-at-risk services, and design-build services (collectively “design services”) to be based on qualifications and without regard to fee; WHEREAS, Orange County proposes to enter into one or more contracts for design services for work on the Landscape Architectural Services for the Design and preparation of a site plan and assistance with obtaining a Zoning Compliance Permit for the proposed RENA Community Center mobile classroom and office, to be located on the property of the Community Center at 101 Edgar Street in Chapel Hill; and WHEREAS, G.S. 143-64.32 authorizes units of local government to exempt contracts for design services from the qualifications-based selection requirements of G.S. 143-64.31 if the estimated fee is less than $50,000; and WHEREAS, the estimated fee for design services for the above-described project is less than $50,000. NOW, THEREFORE, THE MANAGER OF ORANGE COUNTY RESOLVES: Section 1. The above-described project is hereby made exempt from the provisions of G.S. 143-64.31. Section 2. This resolution shall be effective upon adoption. _________________________________ ____________________ Bonnie Hammersley (County Manager) Date Orange County, North Carolina DocuSign Envelope ID: E6A87E94-1B2E-49FE-82DE-254F10028B54 5/12/2022 s w a n s o n + a s s o c i a t e s , p . a . L A N D S C A P E A R C H I T E C T U R E 238 Seminole Drive Chapel Hill, North Carolina 27514 Phone (919) 929-9000 Cell (919) 260-0163 david@swansonlandscapearchitecture.com Landscape Architecture • Planning • Design May 2, 2022 Alan Dorman Director, Asset Management Services Orange County Government Post Office Box 8181 Hillsborough NC 27278 RE: RENA Community Center Mobile Classroom and Office PROPOSAL FOR LANDSCAPE ARCHITECTURAL SERVICES Dear Alan: Following is my proposal for landscape architectural services for the design and preparation of a site plan and assistance with obtaining a Zoning Compliance Permit for the proposed RENA Community Center mobile classroom and office, to be located on the property of the Community Center at 101 Edgar Street in Chapel Hill 1. Scope of Work I will inquire with the Town of Chapel Hill Planning Department regarding any Special Use Permits, setbacks, overlay districts, or other zonng constraints associated with the property, and the required process for review and approvals. I will also inquire with the Town’s Stormwater Department regarding impervious surface area limitations. I will contact NC811 to locate utilities. I noted on my site visit that a generator is on site and the wiring needs to be field confirmed by an electrician. It is my understanding that no plumbing is associated with this building, so OWASA permitting will not be involved. I will perform a site visit to verify existing conditions. I will create a base map using the architectural site plan provided by you, the most recent aerial, and Orange County GIS information. I understand that no survey has been performed for this property. The base map will include two schemes for the proposed classroom and office, and associated hardscape including walkways. Regarding accessibility, two ADA parking spaces next to the proposed building will not be impacted. Ramps shown on the mobile classroom plans will be adjusted to meet site conditions. DocuSign Envelope ID: E6A87E94-1B2E-49FE-82DE-254F10028B54 RENA Community Center Classroom May 2, 2022 Page 2 of 2 I will refine the site plan into a schematic site plan, based on Orange County’s review, to reflect the preferred scheme, details and precedent images, impervious surface calculations, a ZCP application and other required documentation, and will submit the package to the Town of Chapel Hill Planning and Stormwater Departments for review. After review and approvals by the Town of Chapel Hill, I will refine the plan for use by Orange County in engaging contractors to install the building and associated hardscape. 2. Schedule I understand that Orange County wishes to have the mobile classroom and office installed by mid-June. I will work to complete this in a timely manner to meet this date. 3. Work Not Included Work not included in my scope of services includes: cost estimates, surveys and coordination with utility work, a full set of specifications including general conditions, etc., assistance with contractor selection, and construction administration. 4. Fee Coordination with Orange County and Town of 3 hours at $125/hr $ 375 Chapel Hill Planning and Stormwater Departments Preparation of plans and ZCP Permit 20 hours at $100/hr $2,000 19 hours at $ 85/hr $1,625 $4,000 Reimbursable expenses including reproduction and printing expenses will be billed at cost. Additional services will be charged at the following hourly rates: Principal (Landscape Architect) $125 Project Landscape Architect $100 Drafting and Production $ 85 I look forward to working with you on this project. Respectfully Submitted: Accepted: David Swanson ___________________________________ David Swanson, PLA for Orange County _____________________ ___________________________________ Date Date DocuSign Envelope ID: E6A87E94-1B2E-49FE-82DE-254F10028B54 05/03/2022 Insurance Management Consultants, Inc. PO Box 2490 Davidson NC 28036 Janice Adams (704) 799-2955 (704) 799-2955 janice@imcipls.com Swanson and Associates, P.A. 238 Seminole Drive Chapel Hill NC 27514 Great American Insurance Group 22-23 A Professional Liability DPP4204087 01/12/2022 01/12/2023 Per Clalim $250,000 Aggregate $250,000 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. 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY DocuSign Envelope ID: E6A87E94-1B2E-49FE-82DE-254F10028B54