HomeMy WebLinkAbout2014-216 AMS - Reece, Noland & McElrath for review of condition of roof at Hillsborough Commons $600 �a /e/- a Ga
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[Departmental Use Only]
TITLE HC/Skills Rooftop Units
FY 2014
ORANGE COUNTY
CONTRACT UNDER$1,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this 14i' day of April, 2014, ("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 Reece, Noland & McElrath, Inc. (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 and/or construction (hereinafter referred to collectively as"Services")
to be furnished under this Agreement are as follows: To provide Professional Services for review of the
condition of existing rooftop units located at Hillsborough Commons - 113 Mayo Street, Hillsborough and
Skills Development Center- 503 W. Franklin Street, Chapel Hill
The term of this agreement rendered shall be from May 12, 2014 to June 30, 2014.
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 Six
Hundred Dollars, ($600.00). 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 Provider, 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 Owner's Risk Manager as such insurance requirements are described in the Orange County
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Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is
incorporated herein by reference and may be viewed at httl2://oraLigecoupAync.gov/purchasing/cogtrqgiais2).
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),
Provider shall not commence work until such insurance is in effect and certification thereof has been
received by the Owner'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 in carrying out Provider's duties and obligations related to the Services to be provided in
this Agreement.
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.
7. Entire Agreement: 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 r
by telefacsimile signature.
8. Governing Law- parties agree that this Agreement shall be governed by the laws of the
State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this I
Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in
Orange County,North Carolina.
9. E-Vern : Pursuant to the terms of North Carolina General Statute 153A-449(b)no county
may enter into a contract with a contractor unless the contractor and the contractor's subcontractors comply
with the requirements of 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 Provider's breach of this Agreement. By executing this Agreement Provider affirms Provider is
in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes.
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 fiends 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.
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[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective
as of the day first written above.
ORANGE COUNTY PROVIDER
By: c G By:
13 a ent hector Title: P(-A i 11 �-
200 S. Cameron St. Reece,Noland&McElrath,Inc.
P.O.Box 8181 P.O.Box 540
Hillsborough,NC 27278 Waynesville,NC 28786
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This instrument has been pre-audited in the manner required by the Local Govermnent Budget and Fiscal
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Control Act.
Office of the Chief Financial Officer
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This instrument ha been approved as to form and legal sufficiency. E
Offic the County Attorney
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Reece, Noland &McHrath, Inc.
PO BOX 540
WAYNESVILLE,NC 28786
(828)456-9851
(828)456-6205(FAX)
WW W.RNlvf-ENGINEERS.COfvf
DESIGN SERVICES PROPOSAL
County of Orange
HilLsborough Commons and Skills Development Center Rooftop Unit Evaluations
Orange County,N.C.
March 13,2014
Reece,Noland,&McElrath Engineers propose to provide Professional Services for review of the condition
of existing rooftop units located at Hillsborough Commons and the Skills Development Center
PROJECT DESCRIPTION: These(approximately 5)rooftop units located at the two buildings are quite
old and facing replacement. The County has requested our recommendation as to a sequence for replacing
these units.
FEE: Our lump sum fee for this work is$600.00(Six Hundred Dollars).
BASIC SERVICES: The lump sum fee proposed above includes the following basic services:
1. Review current condition of each of the units.
2. Provide a recommended sequence for replacement of these units based on replacing the units we
estimate to be in the worst condition first.
BILLINGS/PAYMENTS: Invoices will be presented monthly,based on progress during the month.
Payments will be due on a net 30-day basis. Financing charges on balance beyond 30 days will be 1-1/2%
per month(18%APR). If we should have to seek legal action to effect collection,and we prevail in
litigation,then all costs associated with collecting overdue accounts will be recoverable. If payments are
withheld or disputed,then we retain flue right to suspend further services until the account is current.
Submitted by: Accepted by:
REE'C.E�,NOLAND&McELRATH,INC.
Stephen C.Kaufman,PE
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March 13,2014
Date Date
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