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HomeMy WebLinkAbout2014-215 AMS - Reece, Noland & McElrath for library meeting room dehumidification $3,500 ,z UVel- ZIS A of S [Departmental Use Only] TITLE LIBRARY MTG ROOM FY 2014 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 14th 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 (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Library Meeting Room Dehumidification: Design Services Proposal for humidity control analysis and design for the first floor meeting room 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 Three Thousand Five Hundred Dollars, ($3,500.00). 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 Revised 9/13 1 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://oran eg coun nc.goy/purchasing/contracts.asp). If Owner'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 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 pant by any negligent or intentional act or omission 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. 7. Entire Agreement: The parties have read this Agreement and agree to be bound by all of its i 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. G, 8. Priori : In determining the basic services to be provided, should any documents be referenced in this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. j 9. Governing Law: Both 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 Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County,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 anti-discrimination laws. 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 j 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 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. [SIGNATURE PAGE TO FOLLOW] I Revised 9/13 2 ` A IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the day first written above. ORANG T PROVIDER By: By: ���_�---�--- ounty anager Title: 20 S. Cameron St. Reece,Noland&McElrath,Inc. P.O. Box 8181 P.O.Box 540 Hillsborough,NC 27278 Waynesville,NC 28786 l This instrument has been approved as to technical content. r Jeffrey mpson,De artment Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. h k Office of the Chief Financial Officer This instrument ha be n a oved as to form and legal sufficiency. Office of the unty Xttomey �4 Revised 9/13 3 Reece, Noland +& McElrath, Inc. PO BOX 540 WAYNESVILLE,NC 28786 (828)456-9851 k (828)456-6205(FAX) W W W RNM-ENGINEERS.COM DESIGN SERVICES PROPOSAL x County of Orange Library Meeting Room Dehumidification Hillsborough,N.C. March 13,2014 Reece,Noland,&McElrath Engineers propose to provide Professional Services for humidity control analysis and design for the first floor meeting room in this facility. r PROJECT DESCRIPTION: First Floor Meeting Room in this facility is served by a single zone split system. High humidity levels have been a constant complaint in this room. FEE: Our lump sum fee for this work is$3500.00(Three Thousand Five Hundred Dollars). BASIC SERVICES: The lump sum fee proposed above includes the following basic services: I, Review current operation and control system sequences for the unit to see if this is contributing to the humidity problems. 2. Provide design of a reheat based dehumidification control sequence for the equipment. 3, Review shop drawings and submittals for items of work that are part of our design, 4. Conduct site visits during construction as necessary to observe the work and assist with coordination or problem resolution. BILLINGSIPAYMENTS: 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 the right to suspend further services until the account is current. Submitted by: Accepted by: REECE,NOLAND&IVICELRATH,INC. Stephen C.Kaufman,PE E March 13,2014 _ Date Date ID:JMC Q DATE(MO Y M DD/Y ) `.� CERTIFICATE OF LIABILITY INSURANCE 04/0412014 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 FLOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED .PRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies) must 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 endorsements. PRODUCER Phone:800-338-1391 NEE CT ACEC/MARSH Fax:888-621-3173 PHONE F 701 Market SL,Ste.1100 o t• ac No St.Louis,MO 63101 E-MAIL ADDRESS: Sharon L.Zach CROOUC ER REECE-1 INSURERS AFFORDING COVERAGE NAIC# INSURED Reece,Noland&McElrath,Inc. INSURER A:Hartford Insurance Company 22357 P.O.Box 540 INSURER B: Waynesville,INC 287860540 INSURER C INSURER D: 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 TYPE OF INSURANCE POLIC EFF POLICY LIMITS LTR POLICY NUMBER MWDD/YYYY MMDD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED A X COMMERCIAL GENERAL LIABILITY 84SBWVM4602 11/01/2013 11/01/2014 PREMISES Ea occurrence $ _1,000,00 CLAIMS-MADE 5XI OCCUR MED EXP(Any one person) $ 1 10,000 PERSONAL&ADV INJURY $ 1,000,000 PROFESSIONAL LIAB EXCL GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO LOC $JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00 (Ee accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accldenO $ SCHEDULED AUTOS PROPERTY DAMAGE • X HIREDAUTOS 84SBWDG3572 11/01/2013 11/01/2014 (Per accident) $ X NON-OWNEDAUTOS $ • X HCPD:$60,000 $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 A 84SBWVM4602 11/01/2013 11/01/2014 DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE YIN 84WBGBA2007 11/01/2013 11101/2014 E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ 500,00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,00 i DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) CERTIFICATE HOLDER CANCELLATION ORANGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County ACCORDANCE WITH THE POLICY PROVISIONS. Asset Management Services Attn: Nancy Finnell AUTHORIZED REPRESENTATIVE P.O.Box 8181 .. Hii sborou h NC 27278 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD M CERTIFICATE OF LIABILITY INSURANCE 4Z3/9nl4 DATE(MM/DDIYYYY) PRODUCER THIS CERTIFICATE IS ISSUEDAS A MATTER OF INFORMATION , ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PROFESSIONAL DESIGN INS MGMT CORP HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO BOX 501130 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. -lianapolis, IN 46250 INSURERS AFFORDING COVERAGE NAIC# INSURED Reece, Noland & McElrath, Inc. INSURER A: Liberty Insurance Underwriters, Inc. PO BOX 540 INSURER B: 409 N. Haywood St. INSURER C: Waynesville, NC 28786 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE USTEDBELOWHAVE 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 ISSUBJECT TO ALLTHE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. aR kDDIL POLICY EFFECTIVE POLI YEXPIRATION TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DAT MM/D LIMITS GENERAL LIABILITY EACH OCCURRENCE $ a I COMMERCIAL GENERAL LIABILITY PREMISES(Ea accurence $ 1 CLAIMS MADE CI OCCUR MED EXP(Any onsperson) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG S PRO- POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANYAUTO (Ea accident) $ ALLOWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGELIABILITY AUTO ONLY-EA ACCIDENT S ANYAUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESSAIMBRELLA LIABILITY EACH OCCURRENCE $ (OCCUR FI CLAIMSMADE AGGREGATE $ S DEDUCTIBLE S RETENTION $ S WUNFAI WORKERS COMPENSATION AND TORY LIMITS I ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ Ifyes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT. $ A OTHER Professional Liability ARA1005040003 10/16/2013 10/16/2014 $2,000,000 limit each claim $2,000,000 in the aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BYENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Orange County DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN P.O. BOX 8181 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Hillsborough, NC 27278 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. %.0 T AUTHORIZED REPRESENTATI ACORD25(2001/08) 0 ACORD CORPORATION 1988