RFQ for Engineering & Design Services for Sustainable Facilities Assessment-AE24-009.pdf

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Attached to
Sustainable Facilities Assessment
Solicitation number
323-A/E 24-009
Issued by
Orange County, Chapel Hill Town, North Carolina

About this file

This document is a Request for Qualifications (RFQ) issued by the Town of Chapel Hill, North Carolina, seeking engineering firms to assess the Town's facilities and provide recommendations to increase energy efficiency, convert fossil fuel end-uses to renewable energy, and incorporate energy storage systems. The Town is targeting 80% clean renewable energy by 2030 and 100% by 2050, and has set goals for electrifying new construction and existing buildings. The selected consultant will evaluate 20 main facilities comprising 338,000 square feet, and provide a comprehensive report on energy efficiency retrofits, beneficial electrification, and the incorporation of sustainable technologies such as solar photovoltaics, energy storage, and electric vehicle charging. Responses are due by 12:00 pm on June 21, 2024, and the Town will negotiate a contract with the preferred firm(s).

The contract will be awarded based on the consultant's relevant experience, project understanding and approach, qualifications of key personnel, and ability to provide services in a timely and economical manner. The Town will not accept any limitations on warranties, liability, or damages, and prohibits requirements for arbitration or mandatory mediation. The Town may terminate the contract at any time with 30 days' written notice.

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RFQ for Sustainability Assessment of Town Facilities 1

Bid: A/E 24-009, Town of Chapel Hill

May 29, 2024

Town of Chapel Hill, North Carolina Request for Qualifications (RFQ)

ENGINEERING SERVICES FOR SUSTAINABILITY ASSESSMENT OF

TOWN OF CHAPEL HILL FACILITIES

BID: A/E 24-009

FROM: ZAKIA ALAM, PURCHASING & CONTRACTS MANAGER

SUBJECT: REQUEST FOR QUALIFICATIONS FOR:

Sustainability Assessment for the Town of Chapel Hill Facilities

DATE: May 29, 2024

The Town of Chapel Hill, North Carolina, is requesting statements of qualifications (SOQ) from engineering firms (Consultant) specializing in the evaluation of existing buildings to identify opportunities to increase energy efficiency and to convert fossil fuel end-uses to renewable energy, including detailed analysis for the incorporation of energy storage systems in Town of

Chapel Hill Facilities.

The Town and the Consultant would negotiate a scope of work, deliverables, schedule, and budget.

The successful Consultant will demonstrate proficiency and experience in developing North

Carolina-specific: cost–benefit analysis (e.g.-Net present value, return on investment, applicable

IRA direct pay and/or utility rebates, etc), legal and environmental research, utility interconnection, energy production, storage and use models, solar leasing options and engineering and construction design.

The Consultant will be allowed to work with sub-consultants as necessary to provide the required expertise.

All submittals are due by 12:00pm Friday June 21, 2024 to the Purchasing and Contracts Manager by email to zalam@townofchapelhill.org.

Any questions concerning the project should be directed to Brennan Bouma PEM, by email at bbouma@townofchapelhill.org by noon on June 12, 2024. The Town will issue an addendum to clarify any issues raised. An Addendum will be published on the Town’s website, www.townofchapelhill.org, by 5 pm Friday, June 14th, 2024.

Any questions concerning the advertisement should be directed to the Purchasing Department at

(919) 969-5022.

mailto:zalam@townofchapelhill.org mailto:bbouma@townofchapelhill.org http://www.townofchapelhill.org/

The Town of Chapel Hill reserves the right to reject any and all statements of qualifications.

PART 1 - OVERVIEW

As part of the Town of Chapel Hill’s adopted Climate Action and Response Plan of 2021, the Town set several targets for electrifying its portfolio of facilities and fleet and maximizing the use of renewable energy:

• Use 80% clean renewable energy by 2030 and 100% by 2050.

• Achieve all-electric energy for new construction by 2030.

• Achieve 100% net zero emissions in new municipal buildings and 50% in existing buildings by 2030.

• Electrify all Town fleet passenger vehicles, light and medium duty trucks by 2040, and all heavy-duty vehicles by 2050.

In service of meeting these targets, the Town is seeking design and engineering services to assess the main facilities in its portfolio of facilities and quantify the upgrades that will be required to meet these targets and their lifetime costs and benefits. Prior experience in condition assessments, energy management, and facilities capital planning is encouraged.

Assessment Goals:

1. Reduce GHG emissions from Town facilities.

2. Support GHG emissions reductions in Town vehicles through facility upgrades.

3. Increase energy resilience of Town facilities and vehicles.

Central Questions:

1. what are the most cost-effective and impactful emissions reduction measures for our main facilities?

2. What are the most cost-effective investments in energy resilience for our critical facilities?

3. How do we know when to replace fossil-fuel burning equipment with electric and where are those opportunities likely to be?

4. As we electrify our buildings and vehicles, what electrical capacity will be required to serve the additional loads (HVAC, electric vehicle chargers, etc), and are local electrical circuits prepared?

The Design Consultant will assess Town facilities and build upon existing studies for capital requirements for operations and maintenance departments (Public Works, Facilities Maintenance, etc). Additional assessments and capital planning may be requested as they are identified throughout the study.

Among the facilities that the Town of Chapel Hill owns and maintains, 20 main facilities are to be assessed, comprising 338,000 square feet (see facilities list in appendix):

The successful Consultant will be supplied with a recently-completed facilities condition assessment for all Town buildings and a high-level solar feasibility study to serve as baseline information.

PART 2 – SCOPE OF SERVICES

The selected Consultant will perform the following services:

Chapel Hill is requesting services to provide a comprehensive study to identify opportunities to increase energy efficiency and to convert fossil fuel end-uses to renewable energy, including detailed analysis for the incorporation of energy storage systems in Town facilities.

The contractor shall provide financial analysis, consultation, and facilitation of technical content to prepare a comprehensive report on energy efficiency retrofits, beneficial electrification of commercial buildings, and the incorporation of sustainable technologies such as solar photovoltaics, energy storage, and EV chargers (for the public, staff, fleet, and V2B uses) in Chapel Hill Facilities. To complete the report, the key factors to be included are:

• Create a schedule for conducting energy efficiency, beneficial electrification, and renewable energy facility upgrades based on the efficiency and flexibility (demand response) of the electric end-use equipment used after conversion. Show the financial and practical impacts on operations and maintenance (positive or negative) over the lifetime of these upgrades.

• Identify the specific fossil fuel end use being converted or reduced and the pattern over time of energy required for that end use.

• Identify the amount and cost of electric energy and capacity required to serve the additional electric loads, including electric vehicle chargers, when balanced by solar and/or batteries.

• Identify the rate structure of the electric utility and the optimum rate plan for facility operation considering interval data and time of use rates.

• Illustrate the financial impact of applicable direct pay tax rebates and other incentives (federal, state, utility, etc)

The purpose of this work is to estimate the financial impact, as well as the potential greenhouse gas emissions reduction impacts, and create a potential timeline for conversion of end uses from fossil fuels to electricity and the addition of energy storage in Town facilities. The project scope will include:

• Evaluate each identified Chapel Hill facility for opportunities to reduce greenhouse gas emissions, electrify existing fossil fuel building systems, and upgrade resilience and deliver a comprehensive report and presentation;

• Identify specific equipment to be replaced and offer options and timeline for replacement given available technologies and current equipment conditions and lifecycle. Include assessment of equipment using R-410A, R-22, and other refrigerants and projected schedules and costs for replacing those systems;

• Identify any ancillary fuel switching/electrification impacts, including but not limited to additional infrastructure needed to complete fuel switching and electrification projects and impacts on operations;

• Evaluate identified facilities for inclusion of on-site solar generation and necessary infrastructure and structural improvements to enable such generation;

• Identify specific opportunities for battery energy storage in Town facilities, including opportunities to reduce demand charges and/or serve as backup power generation where practical and compliant;

• Estimate financial implications for recommendations using an industry standard tool (e.g.- RS Means). Professional 3rd party estimating is not included;

• Estimate Scope 1 and Scope 2 greenhouse gas impacts for all recommendations using available data from the Utility (Duke Energy Carolinas) regarding the energy generation mix;

• Include methodology and assumptions for clarity and reference;

• Include recommendations for electric vehicle charging stations for all facilities with parking, including number of stations needed through 2040, ideal locations, upgrades, and vehicle-to-building opportunities to serve the Town fleet, staff, and visitors;

• Generate a preliminary electrical single-line diagram (SLD) for each location where the existing SLD is available for reference;

• Provide detailed designs, including schematic drawings, design development, or construction documents;

• Present the report to the Town Council and/or other leadership; and

• Provide bid quantity take-offs, bill-of materials, estimates or opinions of probable construction costs, bidding, contingency requirements, or payment review for projects scheduled in the next 5 years.

The scope of services, as defined above, may be modified after the final selection of the Consultant.

PART 3 - INSTRUCTION TO CONSULTANTS

I. QUESTIONS

Any questions concerning this Request for Qualifications (RFQ) shall be referred to:

Brennan Bouma PEM Sustainability Program Analyst Phone: (919) 969-5011 Email: bbouma@townofchapelhill.org

Written requests for clarifications to this RFQ will be accepted until noon on Wednesday June 12th, 2024. If necessary, the Town will issue a written addendum to clarify any issues raised. An Addendum will be published on the Town’s website, www.townofchapelhill.org, by 5 pm Friday, June 14th, 2024. Any oral explanations or instructions given by Town staff will not be binding on the Town.

II. QUALIFICATIONS SUBMISSION

All submittals are due by 12:00 pm Friday, June 21, 2024, to the Purchasing and Contracts

Manager by email to zalam@townofchapelhill.org with “Sustainable Facilities Assessment

RFQ” in the subject line of the email. Please note that e-mailed proposals must be received by the specified deadline according to the internal clock of the Town of Chapel Hill’s server receiving the proposal. Proposals received after the date and time specified in this RFQ are considered late and shall not be considered, under any circumstances, for any award resulting from this RFQ.

Please do not submit paper copies.

mailto:bbouma@townofchapelhill.org http://www.townofchapelhill.org/ mailto:zalam@townofchapelhill.org

III. SUBMITTAL REQUIREMENTS

In order for your submission to be considered responsive, the SOQ should consist of clear and concise responses to the items noted below. Limit the response to twenty (20) pages. A one-page cover letter does not count toward the page limit.

1. Identify the legal entity that will enter into a contract with the Town.

2. Describe your experience with the work requested.

3. Describe your project understanding and approach for this project’s scope of services.

4. Organizational Chart– Indicate the project manager, primary point of contact, and other key personnel.

5. Resumes – Provide resumes for Key Personnel and include, at a minimum, Professional Licensure, Proposed Role, Number of Years with the Current Firm, and a list of at least 5 relevant projects.

6. Identify any proposed sub-consultants and indicate if they are registered MWBE (Minority and Women-Owned Business Enterprise) firms.

7. Relevant Projects – provide at least 3 relevant projects and indicate: client, your Firm’s role, and the ability of consultant to provide services in a timely and economical manner. Indicate what role the personnel listed on the Organization Chart performed on these projects.

8. References – Provide 3 references for the Project Manager of the primary submitting consultant. Please include each reference's contact information: name, title, organization, phone number and email address. Optionally, you may include 1-3 sentences on the way that the reference knows the work of the Project Manager.

IV. TERMS AND CONDITIONS OF REQUESTS FOR QUALIFICATIONS

A. General

This Request for Qualifications does not commit the Town to enter into an agreement or to pay any costs incurred in the preparation of a submittal to this request or in subsequent negotiations.

The Town will require the selected Consultant, if any, to participate in negotiations and to submit such scope of services, schedule, cost, technical, or other revisions as may result from negotiation. The Town’s Attorney shall review all final agreements and documents that may result from this Request for Qualifications.

B. Consultant Signature

All submittals must be signed by an individual authorized to submit them on behalf of the

Consultant. By making the submittal, the consultant authorizes the Town to contact any or all references.

C. Modification or Withdrawal of Proposals

At any time prior to the specified time and date set for submission, a Consultant or designated representative may modify or withdraw a submittal. Any proposal modification or withdrawal must be in writing, executed by an authorized person, and submitted prior to the submittal date. A submittal may not be modified or withdrawn by a Consultant after the submittal date and each

Consultant so agrees in making the submittal.

D. Reservations and Rights by the Town of Chapel Hill

The Town is not obligated to accept any submittal or to negotiate with any Consultant. The Town reserves the right to accept a submittal that is deemed most favorable, and in the best interests of the Town after all, submittals have been examined and canvassed, to reject any or all submittals, and to be the sole judge of the professional and operational services best suited for the Town.

The issuance of this Request for Qualifications and the acceptance of submittals do not constitute an agreement by the Town that any agreement will actually be entered into by the Town. The

Town expressly reserves the right to:

• Waive any immaterial defect or informality in any submittal

• Reissue a Request for Qualifications

• Request additional information and data from any or all Consultants

Final terms of any agreement will be agreed upon during negotiations. Negotiations may be terminated for failure to reach mutually acceptable terms. The Town reserves the right to negotiate with other Consultants if an agreement cannot be reached with the originally selected Consultant.

E. Consultant Representations

By submission of this proposal, the Consultant represents that it has not paid or agreed to pay any fee or commission or any other thing of value to any Town employee, Town official, or current contracting consultant of the Town.

F. Right to Disqualify

The Town reserves the right to disqualify any Consultant who fails to provide information or data requested or who provides materially inaccurate or misleading information or data.

G. Consultant Incurred Costs

The Town accepts no responsibility for any expenses incurred in the submittal preparation and presentation, such expense is to be borne exclusively by the Consultant. All materials and documents submitted by the Consultant in response to this Request for Qualifications or any additional requests for materials and documents made by the Town for evaluation pursuant to this Request for Qualifications will become the property of the Town and will not be returned. The selected Consultant shall be responsible for all costs incurred by it during negotiations.

PART 4 – SELECTION CRITERIA AND PROCESS

The Town follows qualifications-based selection process (NCGS 143-64.31) for procuring professional services. The Town may choose to interview firms or directly negotiate with the top-ranked firm(s). The Town will seek to negotiate a contract, a general scope of services, fee schedule, etc. with the preferred firm(s). If unable to reach an agreement, the Town of Chapel Hill will terminate negotiations and commence negotiations with the next ranked firm(s). Each SOQ will be evaluated on the Consultant’s responsiveness to the requirements of this SOQ. Evaluation

Criteria will include, but are not limited to, the following:

• Compliance with the Request for Qualifications

• Project understanding and proposed approach, schedule, and methodology

• Relevant and demonstrated experience/expertise with similar projects

• Number or percentage of previous facilities upgrade recommendations that were operationalized/approved/funded, if known

• Qualifications and experience of key project team members, including subcontractors, who will be actively involved in the work

• The quality of related work and knowledge exhibited in the submittal

• References

During negotiations, the selected Consultant must demonstrate that it has adequate and qualified staff and the necessary resources to perform the work.

PART 5 – INSURANCE REQUIREMENTS

The successful respondent shall procure and maintain during the life of the contract the following insurance coverages:

Worker’s Compensation: Coverage to apply for all employees for statutory limits in compliance with the applicable state and federal laws. The policy must include employer’s liability with a limit of $100,000 for each accident, $100,000 bodily injury by disease for each employee and $500,000 bodily injury by disease policy limit.

Commercial General Liability: Shall have minimum limits of $1,000,000 per occurrence combined single limit for bodily injury liability and property damage liability. This shall include premises and/or operations, independent contractors, products and/or completed operations, broad form property damage and explosion, collapse and underground damage coverage, sudden and accidental pollution losses, and a contractual liability endorsement.

Business Auto Policy: Shall have minimum limits of $1,000,000 per occurrence combined single limit for bodily injury liability and property damage liability. This shall include: owned vehicles, hired and non-owned vehicles and employee non-ownership.

Professional Liability: The selected firm will be required to furnish proof of Professional Liability insurance coverage in the minimum amount of $1,000,000.

Special Requirements: The Town of Chapel Hill is to be named as an additional insured on the Commercial General Liability and Business Automobile policies.

Current, valid insurance policies meeting the above requirements shall be maintained for the duration of the project. Renewal certificates shall be sent to the Town of Chapel Hill thirty (30) days prior to any expiration date. There shall also be a 30 day notification to the Town in the event of cancellation or modification of any stipulated insurance coverage. Certificates of Insurance on an Acord 25 (8/84) or similar form meeting the required insurance provisions shall be forwarded to the Town of Chapel Hill. Wording on the Certificate of Insurance which states that no liability shall be imposed upon the company for failure to provide such notice is not acceptable. Original policies or certified copies of policies may be required by the Town at any time.

PART 6 - PROHIBITED CONTRACT TERMS

In no event shall there be any of the following unless Town’s express prior written agreement is obtained: (1) any limitation on, or disclaimer of, implied or express warranties or the liability of Contractor; (2) any limitation of damages, including a limitation on consequential damages; (3) any requirement for arbitration or for mandatory mediation; (4) any requirement that Town officials or employees keep information confidential or any requirement that records by kept confidential by the Town, unless the requirement for confidentiality meets the requirements of the Public Records Law.

PART 7 - Open Records Information submitted to the Town of Chapel Hill is public information and is available upon request in accordance with the North Carolina Public Information Act. As provided by North Carolina statute and rule, the Town will consider keeping confidential the trade secrets that the Bidder does not wish to be disclosed. For such information, the Bidder must mark each page in boldface at the top and bottom as “CONFIDENTIAL”. In spite of what is labeled as a trade secret, the determination whether it is or not will be determined by North Carolina General Statutes 132-1.2(1).

PART 8 – TERMS AND CONDITIONS OF RESULTING CONTRACT

The successful Consultant and the Town will negotiate a contract. The Town will use the standard Town of Chapel Hill contract for professional services. The Town’s standard contract document is attached. The terms and conditions of the contract are subject to change without notice.

The following words have these meanings:

“Town” means the Town of Chapel Hill, North Carolina.

“Contractor” means the successful consulting firm.

Appendix – Example list of Town facilities to assess (list may change in negotiation):

Town

Facility

Name

Chapel

Hill

Street

Address

Sq.Ft.

Energy

Efficiency

Opportunitie s

Energy

Storage

Opportunities

Solar Energy

Opportunities

(PV and/or

Thermal)

EVSE and

V2B

Opportunities

New / Existing

Rainwater

Capture

Assessments*

Aquatic

Center

Homestead

Park

Aquatic

Drive

26,950 X X X X X

Library

Library

Drive

63,808 X X X X X

Transit Main

Bldg

Millhouse

Road

22,190 X Information

Available Information

Available Information

Available X

Public Works

Field Ops

Millhouse

Road

36,720 X X X X X

Community

Center Gym

& Pool

120 S

Estes

Drive

23,213 X X X X X

Town Hall

Martin

Luther

King Jr.

Blvd.

36,513 X X X X N/A

Northside

Gym

216 N

Roberson

Street

9,800 X X X X N/A

Parks & Rec

Offices

200 Plant

Road 5,151 X N/A N/A X N/A

Hargraves

Center

Community

Center

216 N

Roberson

Street

9,783 X X X X X

Court House-

Post Office

179 E.

Franklin

Street

17,542 X X X N/A N/A

Homeless

Shelter-

Historic

Town Hall

100 W

Rosemary

St &

Columbia

St.

9,255 X N/A X N/A N/A

Public Works

Admin.

Millhouse

Road

9,000 X X X X X

Town

Facility

Name

Chapel

Hill

Street

Address

Sq.Ft.

Energy

Efficiency

Opportunitie s

Energy

Storage

Opportunities

Solar Energy

Opportunities

(PV and/or

Thermal)

EVSE and

V2B

Opportunities

New / Existing

Rainwater

Capture

Assessments*

Fire Station 2

1003 S.

Hamilton

Rd

11,085 X X X X N/A

PW Fleet

Operations

Millhouse

Road

26,210 X X X X X

Fire Station 5

Bennett

Road

5,082 X X X X N/A

Fire Station 1

Martin

Luther

King Jr.

Blvd.

7,377 X X X X N/A

Fire Station 4

Weaver

Dairy

Road Ext.

4,830 X X X X N/A

Fire Station 3

1615 East

Franklin

Street

4,571 X X N/A X N/A

Caldwell

Street

Complex

Housing

Authority

Office

Caldwell

Street

4,974 X N/A X X N/A

PW Field

Operation

Storage

Millhouse

Rd.

4,320 X N/A X N/A N/A

* New / Existing Rainwater Capture Assessments refer to the assessment of an existing and aging rainwater capture system, or the possible new application of rainwater capture technologies.

Attached is a sample of the Small Service Contract that will be used for the awarded bid.

Small Service Contract Revised 9/2019 Page 1 of 4

SAMPLE CONTRACT:

STATE OF NORTH CAROLINA CONTRACT FOR

COUNTY OF ORANGE {DESCRIPTION OF SERVICES TO BE

PROVIDED UNDER THIS CONTRACT}

This Contract is made and entered into by and between the “Town of Chapel Hill”, herein “Town”, and “{Contractor’s Full Legal Name}”, herein “Contractor”, for services hereinafter described for the Town of Chapel Hill. This Contract is for {Description of Services to be Provided Under This

Contract}.

WITNESSETH

That for and in consideration of the mutual promises and conditions set forth below, the Town and

Contractor agree:

1. Duties of the Contractor: The Contractor agrees to perform those duties described in

Exhibit A attached hereto and incorporated herein by reference.

2. Duties of the Town: The Town shall pay for the Contractor’s services as set forth in Exhibit

A.

3. Fee Schedule and Maximum Sum: Contract amount is not to exceed {insert a not to exceed amount}. Payment shall be made according to Exhibit A.

4. Billing and Payment: The Contractor shall submit a bill to the Town for work performed under the terms of this Contract. The Contractor shall bill and the Town shall pay the rates set forth therein. Payment will be made by the Town within thirty (30) days of receipt of an accurate invoice, approved by the contact person or his/her designee.

5. Indemnification and Hold Harmless: The Contractor agrees to indemnify and hold harmless the Town of Chapel Hill and its officers, agents and employees from all loss, liability, claims or expense (including reasonable attorneys’ fees) arising from bodily injury, including death or property damage to any person or persons proximately caused in whole or in part by the negligence or willful misconduct of the Contractor except to the extent same are caused by the negligence or misconduct of the Town.

6. Insurance Provisions: The Town requires evidence of Contractor’s current valid insurance

(if applicable) in the amounts stated below during the duration of the named project and further requires that the Town be named as an additional insured for Commercial General

Liability and Business Automobile policies. The required coverage limits are: 1)

Commercial General Liability and Business Automobile - $1,000,000 per occurrence and

2) Workers’ Compensation - $100,000 for both employer’s liability and bodily injury by disease for each employee and $500,000 for the disease policy limit. Based on nature of services to be provided by the contractor and assessment of risk posed to the Town, the

Town may require evidence of supplementary insurance coverages.

Small Service Contract Revised 9/2019 Page 2 of 4

7. Non-Discrimination: The Contractor contractually agrees to administer all functions pursuant to this Contract without discrimination because of race, creed, sex, national origin, age, economic status, sexual orientation, gender identity or gender expression.

8. Federal and State Legal Compliance: The Contractor must be in full compliance with all applicable federal and state laws, including those on immigration.

9. E-Verify: The Contractor shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Further, should Contractor utilize a subcontractor(s), Contractor shall require the subcontractor(s) to comply with the requirements of Article 2, Chapter 64 of the General Statutes. Pursuant to North Carolina General Statute § 143-133.3

(c)(2), contracts solely for the purchase of apparatus, supplies, materials, and equipment are exempt from this E-Verify provision.

10. Amendment: This Contract may be amended in writing by mutual agreement of the Town and Contractor.

11. Termination: Either party may terminate this Contract at any time by giving the other party thirty (30) days written notice of termination prior to the end of the term as described herein.

12. Interpretation/Venue: This Contract shall be construed and enforced under the laws of

North Carolina. The courts and the authorities of the State of North Carolina shall have exclusive jurisdiction over all controversies between the parties which may arise under or in relation to this Contract. In the event of any dispute between the parties, venue is properly laid in Orange County, North Carolina for any state court action and in the Middle

District of North Carolina for any federal court action. Contrary to any provision that may be contained in any exhibit attached hereto the Town shall not consent to 1) resolving any dispute by means of arbitration and/or 2) waiver of a trial by jury.

13. Preference: In the event that the terms of any exhibit attached hereto are not consistent with the terms of this Contract, this Contract shall have preference; provided that where either any exhibit attached hereto or this Contract establishes higher standards for performance by either party, the higher standard, wherever located, shall apply.

14. Severability: The parties intend and agree that if any provision of this Contract or any portion thereof shall be held to be void or otherwise unenforceable, all other portions of this Contract shall remain in full force and effect.

15. Assignment: This Contract shall not be assigned without the prior written consent of the parties.

16. Entire Agreement: This Contract shall constitute the entire agreement of the parties and no other warranties, inducements, considerations, promises, or interpretations shall be implied or impressed upon this Contract that are not expressly addressed herein. All prior agreements, understandings and discussions are hereby superseded by this Contract.

Small Service Contract Revised 9/2019 Page 3 of 4

17. Construction Project Related Sales Tax: If applicable, the Contractor shall furnish the

Town certified statements setting forth, the cost of all materials purchased from each vendor and the amount of North Carolina sales and use taxes paid thereon. In the event the

Contractor makes several purchases from the same vendor, the Contractor’s certified statement shall indicate the invoice number, the inclusive dates of the invoices, the total amount of the invoices, and the North Carolina sales and use taxes paid thereon. The

Contractor’s certified statement shall also include the cost of any tangible personal property withdrawn from the Contractor's warehouse stock and the amount of North Carolina sales or use tax paid thereon by the Contractor. The Contractor shall furnish such additional information as the Commissioner of Revenue of the State of North Carolina may require to substantiate a refund claim by the Town for sales or use taxes. The Contractor shall obtain and furnish to the Town similar certified statements by the subcontractors. The certified statements to be furnished shall be in the form of the standard CONTRACTOR'S

SALES TAX REPORT and shall be submitted with each request for payment. The Town will not make payment to the Contractor until the CONTRACTOR'S SALES TAX

REPORTS ARE SUBMITTED. Any and all refunds received by the Town of said taxes shall remain with the Town, and the Contractor shall not be entitled to such refund.

18. Term: This Contract, unless amended as provided herein, shall be in effect until

{_______________________ ______}, 20{____}.

[SIGNATURES ON FOLLOWING PAGE.]

Small Service Contract Revised 9/2019 Page 4 of 4

This Contract is between the Town of Chapel Hill and {Contractor’s Full Legal Name} for

{Description of Services to be Provided Under This Contract}.

IN WITNESS WHEREOF, the parties hereto cause this agreement to be executed in their respective names.

{CONTRACTOR’S FULL LEGAL NAME}

Vendor_Signature

Vendor_Name Vendor_Title_p

SIGNATURE PRINTED NAME & TITLE

TOWN OF CHAPEL HILL

Dept_Director Dept_Dir_Title

DEPARTMENT HEAD/EXECUTIVE DIRECTOR OR DEPUTY/TOWN MANAGER

DDirector_Name D_Dept_Name

PRINTED NAME & DEPARTMENT

ATTEST BY TOWN CLERK:

Clerk_Signature

SEAL_STAMP

TOWN CLERK/DEPUTY TOWN CLERK TOWN SEAL

TCD1 TCM1 TCYY1

Town Clerk attests date this the day of 20 .

Approved as to Form and Authorization

Legal_Staff

ATTORNEY FOR TOWN

This instrument has been pre-audited in the manner required by the Local Government Budget and

Fiscal Control Act.

Finance_Signature

Finance_Sign_Date

FINANCE OFFICER DATE

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