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HomeMy WebLinkAbout2026-122-E-AMS-Bennett and Pless-Justice Facility Mural Courtroom Construction Admin ServicesRevised 01/24 1 [Departmental Use Only] TITLE CA Mural CR FY 2025-2026 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, is between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the "County"), and Bennett and Pless, Inc. (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: Construction Administration Services for the Justice Facility Mural Courtroom HVAC Installation Project. The term of this agreement rendered shall be from 04/06/2026 to 12/31/2026. 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 Five Thousand Dollars, ($5,000.00). 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 t o 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 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 Docusign Envelope ID: 1990C2A7-C840-4FB9-95E0-D51323139C22 Revised 01/24 2 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 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 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 Orange County 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. Should any documents, exhibits, or addenda be attached to this Agreement, the terms of this Agreement shall have priority in any conflict with or among the terms of such referenced documents, exhibits . 9. Third Party Beneficiaries: There are no third-party beneficiaries of this Agreement and nothing in this Agreement, express or implied, is intended to confer on any person other than the parties hereto (and their respective successors, heirs and permitted assigns), any rights, remedies, or obligations. 10. 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 such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Docusign Envelope ID: 1990C2A7-C840-4FB9-95E0-D51323139C22 Revised 01/24 3 Carolina. Regardless of the outcome of said litigation each party is responsible for its own costs and fees, including attorneys’ fees. 11. 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. Bennett and Pless, Inc P.O. Box 8181 47 Perimeter Center, Ste 500 Hillsborough, NC 27278 Atlanta GA, 30346 Docusign Envelope ID: 1990C2A7-C840-4FB9-95E0-D51323139C22 3/30/2026 Principal, Department Manager 4/9/2026 Revised 01/24 4 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Bennett and Pless Inc Vendor Contact Person: Dave Uhland Phone: 919.249.1834 Address: 47 Perimeter Center Suite 500 City Atlanta State: GA Zip: 30346 Department: AMS Amount: $5000 Purpose: Justice Facility Mural Courtroom Construction Admin Services Budget Code(s): 61370035-870000-11002 Vendor # 67139 Vendor Status with NCSOS: Current - Active Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date 04/06/2026 End Date 12/31/2026 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by AMS Signature Authority - BOCC Express Delegation (Agenda Date: ) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: 11002) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation 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. This agreement is approved as to technical form and content . Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services 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 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: Received for record retention: Docusign Envelope ID: 1990C2A7-C840-4FB9-95E0-D51323139C22 3/30/2026 4/6/2026 4/7/2026 4/7/2026 Revised 01/24 5 Office of the Clerk to the Board __________________________________________Date:_________ Docusign Envelope ID: 1990C2A7-C840-4FB9-95E0-D51323139C22 1 Angel Barnes From:Dave Uhland <duhland@bennett-pless.com> Sent:Monday, February 2, 2026 12:00 PM To:Angel Barnes Cc:Klaus Perkins Subject:RE: Update on CA proposal for Orange County Mural Courthouse HVAC CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Phish Alert Button located on your Outlook menu bar on the Home tab. Angel, Regarding the mechanical contractor’s requested change in the location of the new RTU, we propose to revise our initial fee for the CA phase of the project to $5,000 to include the scope of revising our drawings to reflect the new location of the RTU. The increase of $1,500 includes reviewing the framing for the new location and revising our plan and details. Let us know if this revised CA fee is acceptable. Thanks, David Uhland, PE Senior Project Engineer Bennett & Pless Structural Engineers 5430 Wade Park Boulevard, Suite 400, Raleigh, NC 27607 duhland@bennett-pless.com | www.bennett-pless.com O: (919) 832-5587 | C: (919) 810-1260 Zweig Group Best Firm to Work For 9 Consecutive Years Experience Structural Expertise From: Dave Uhland Sent: Monday, December 1, 2025 1:26 PM To: 'Angel Barnes' <abarnes@orangecountync.gov> Cc: Klaus Perkins <kperkins@bennett-pless.com> Subject: RE: Update on CA proposal for Orange County Mural Courthouse HVAC Angel, We propose a fee of $3,500 to provide services during the construction phase of the project. The scope of our services includes the following: 1. Responding to contractor’s Requests for Information (RFI) 2. Reviewing submittals. 3. Conducting one site visit during construction. Docusign Envelope ID: 1990C2A7-C840-4FB9-95E0-D51323139C22 2 If additional site visits are required, we propose to provide them at an additional fee of $1,200 per site visit. Please let us know if this acceptable. Also, let us know if you need a formal proposal. I apologize again for the delay. Thanks, David Uhland, PE Senior Project Engineer Bennett & Pless Structural Engineers 5430 Wade Park Boulevard, Suite 400, Raleigh, NC 27607 duhland@bennett-pless.com | www.bennett-pless.com D: (919) 249-1834 | O: (919) 832-5587 | C: (919) 810-1260 Zweig Group Best Firm to Work For 9 Consecutive Years Experience Structural Expertise From: Angel Barnes <abarnes@orangecountync.gov> Sent: Wednesday, November 26, 2025 11:31 AM To: Dave Uhland <duhland@bennett-pless.com> Subject: RE: Update on CA proposal for Orange County Mural Courthouse HVAC Thank you for the update! Happy Thanksgiving! Thank you, Angel Angel Barnes, PMP | Capital Projects Manager | Orange County Asset Management Services | 306 Revere Road | A102 | Hillsborough, NC 27278 | (919) 245.2628 (direct) | (919) 610.8182 (mobile) | www.orangecountync.gov Upcoming Holidays/Vacation Days Thursday and Friday, November 27-28, 2025 Happy Thanksgiving to All! Thursday, December 4th, 2025 Tuesday and Wednesday, December 16th and 17th, 2025 CONFIDENTIALITY NOTICE: All email messages, including any attachments, generated from or received by this account are the property of the Orange County Government and are considered public domain and subject to the North Carolina Public Records Law. Certain confidential information may be transmitted, and any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender by replying to this email and delete all copies of the original message. From: Dave Uhland <duhland@bennett-pless.com> Sent: Wednesday, November 26, 2025 10:21 AM To: Angel Barnes <abarnes@orangecountync.gov> Subject: Update on CA proposal for Orange County Mural Courthouse HVAC Docusign Envelope ID: 1990C2A7-C840-4FB9-95E0-D51323139C22 10/07/2025 RSC Insurance Brokerage, Inc. 1745 N. Brown Road Suite 250 Lawrenceville GA 30043 Ashton Weig aweig@risk-strategies.com Bennett & Pless Inc. 47 Perimeter Ctr E Ste 500 Atlanta GA 30346-2001 The Travelers Indemnity Company 25658 Travelers Casualty Ins.Co of America 19046 Travelers Property Casualty Co of America 25674 XL Specialty Insurance Company 37885 CL255154275 A Contractual Liability Y 6802Y332499-25-47 05/01/2025 05/01/2026 1,000,000 1,000,000 5,000 1,000,000 2,000,000 2,000,000 B Y BA2Y326456-25-47-G 05/01/2025 05/01/2026 1,000,000 C 10,000 Y CUP2Y589219-25-47 05/01/2025 05/01/2026 10,000,000 10,000,000 A N Y UB-2Y329028-25-47-G 05/01/2025 05/01/2026 1,000,000 1,000,000 1,000,000 D Professional Liability DPR5042899 05/01/2025 05/01/2026 Each Claim $5,000,000 Annual Aggregate $5,000,000 Designate Orange County, its officers, official agents and employees are included as an additional insured as respects the General Liability, Auto Liability and Umbrella Liability. Waiver of Subrogation applies to Workers' Compensation. A 30 day Notice of Cancellation applies, except in the case of non-payment of premium. Designate Orange County 300 West Tryon Street 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: 1990C2A7-C840-4FB9-95E0-D51323139C22