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HomeMy WebLinkAbout2012-012 AMS - 5th Wall, LLC Roof Replacement Design Ser for Court Strreet Annex $7,400..ors i:2 - c, / ~ [Departmental Use Only] TITLE FY ORANGE COUNTY NORTH CAROLINA CONTRACT UNDER $10,000.00 THIS AGREEMENT, made and entered into this 26th day of January, 2012, ("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 SthWall, LLC (the "Provider"), party of the second part; WITNESSETH: For the purpose and subject to the tenors 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: Roof Replacement Design Services for Court Street Annex per SthWall proposal 12-O1-02 dated January 10, 2012 (attached). The term of this agreement rendered shall be from January 26, 2012 to July 31, 2012. 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. Pay ent: 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 Seven Thousand Four Hundred dollars, ($7,400). 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: The Provider shall obtain, at its sole expense, all insurance needed to adequately insure itself during the performance of these services as required by the County's Risk Management Policy. Revised July 2010 5. Indemni :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. 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 tenors, 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. 8. Governin 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. 9. Non Appro riation: 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. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE CO PROVIDER By. By' Co Title: , 200 S. C ron Jeffrey L Spa yd P.O. Bo S 1.81 President Hillsborough, NC 27278 is instrument has been approved as to technical content. G~YV~- De ent Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Ct a~ ~l. J,~'~.. Office of the Finance Director This ' ent has been approved as to form and legal sufficiency. Office of the arty Attorney Revised July 2010 -rte ~h -~-=~ ALL gw~DirJc; Din~Na~Tic~ CoN.~u~7AN~ January 10, 2012 Wayne Fenton Orange County Asset Management Services 131 West Margaret Lane PO BOX 8181 Hillsborough, NC 27278 RE: Roof replacement design services Court Street Annex Hillsborough, NC SthWall Proposal No. 12-01-02 Dear Mr. Fenton: At your request we have prepared this proposal for providing selected services for the referenced project. Generally, the services to be provided include preparation of design documents for remedial roofing of the referenced facility. Also included is administration of the project during construction. In general our services will consist of the following: A. Design 1. Meeting with representatives of Orange County to discuss the parameters of the project. 2. Reviewing documentation regarding the existing roof systems. 3. Preparing design documents to include: • Plans, technical specifications, general conditions, and bidding documents. Roof design to address but not necessarily be limited to such items as: Wind uplift Fire resistance of the roof assembly Current codes and standards Moisture transmission (vapor retarder) requirements Drainage requirements Type of insulation Roof system type Warranty Sheet metal fleshings Perimeter and penetration terminations • Preparing an opinion of estimated construction cost • Preparing an opinion of estimated project schedule 9601 Baileywick Rd • Raleigh, NC 27615 www.5thwallbdc.com 919/616-4715 Wayne Fenton Roof replacement design services Court Street Annex Hillsborough, NC SthWall Proposal No. 12-01-02 January 10, 2012 Page 2 B. Bidding 1. Attending Pre-Bid Conference 2. Preparing and distributing Minutes of the Pre-Bid Conference 3. Preparing any required addenda to the plans and specifications 4. Addressing Contractor and Owner questions during the bid period 5. Assisting in review of bids and making appropriate recommendations C. Contract Administration 1. Preparing the contract between Owner and Contractor 2. Reviewing Contractor submittals 3. Attending Pre-Construction Conference 4. Preparing and distributing Minutes of the Pre-Construction Conference 5. Attending periodic progress meetings 6. Addressing Contractor and Owner questions during construction 7. Review Contractor Pay Requests D. Construction Quality Assurance Performing periodic site visits during construction to assure that work is being performed in accordance with the plans and specifications. During our site visits we will meet with your personnel, attend scheduled meetings, check materials, observe construction in progress, examine completed work, and discuss future work. A report summarizing our observations will be provided to Colliers International Management. Based on our understanding of the current scope of work, we anticipate the duration of construction to be approximately 45 consecutive calendar days depending on the type of roof system. As such, we recommend that site visits be performed at an average frequency of one visit per week throughout the course of construction activity. The frequency of visits may vary depending on the nature of work taking place. Additionally, an increased number of visits are recommended at the beginning of the project in order to assure a full understanding of requirements and needs. Therefore, we anticipate that approximately 6 visits will be required to assure conformance of construction activities with the project documents and verify that all items have been properly addressed. 2. Conducting a Prefmal (Punchlist) inspection Non-compliant items will be documented in a written punchlist with copies provided to Colliers International Management and the Contractor. 3. Conducting a Final inspection 9601 Baileywick Rd • Raleigh, NC 27615 www.5thwallbdc.com 919/616-4715 Wayne Fenton Roof replacement design services Court Street Annex Hillsborough, NC SthWall Proposal No. 12-01-02 January 10, 2012 Page 3 E. Close-out Assembling and organizing project close-out documents. Such close-out documents include record drawings, warranties, reports, and final pay request. 2. Delivering close-out documents to Orange County Asset Management. One set of close- out documents will be delivered in electronic format; one set will be in hard copy format. Assistance Requested of Orange Clountv Asset Management We request your assistance in performing the various tasks described herein as follows: A. Arranging for safe access to all roof areas by way of ladders, roof hatches, stairways, or mechanical lifts. Please notify us of any hazards that may be encountered in performing the work. B. Providing access to the interior of the facility to allow examination of the underside of the roof at selected locations to observe for possible areas of damage and moisture intrusion. C. Designating your authorized representative with whom we may communicate regarding matters relating to the project. D. Granting permission to take record and reference photographs. E. Providing copies of drawings, specifications, reports, and records relative to the project for our use. Fee We propose to charge for our services based on our standard rates and unit charges a lump sum cost as follows: Item A -Design $ 3,200 Item B -Bidding $ 800 Item C -Contract Administration $ 800 Item D -Construction Quality Assurance $ 2,100 Item E -Close-out $ .500 Total $ 7,400 Invoices will be issued monthly base on work completed. Payment is due in full upon receipt of invoice. Timing We propose to begin the work immediately upon receiving your authorization to proceed and will complete the work in accordance with a mutually agreed upon schedule. 9601 Baileywick Rd • Raleigh, NC 27615 www.5thwallbdc.com 919/616-4715 Wayne Fenton Roof replacement design services Court Street Annex Hillsborough, NC SthWall Proposal No. 12-01-02 January 10, 2012 Page 4 Authorization Upon your review and approval please indicate your acceptance of this proposal and our authorization to proceed by executing the attached Agreement for Professional Services and returning it to our office. Should a purchase order be issued, please reference this proposal in your purchase order. Should you have any questions please contact our office at your convenience. We look forward to working with you on this project. Sincerely, SthWall Building Diagnostics Consultants ~L'~~ ,~ Jeffrey L. Spady, RRC 9601 Baileywick Rd • Raleigh, NC 27615 www.5thwallbdc.com 919/616-4715