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HomeMy WebLinkAbout2013-168 AMS - 5th Wall Building Diagnostice Consultants for Design Services for WCOB Roof mosture $2,400 ems [Departmental Use Only] TITLE WCOB Roof Rep. Design FY 2012-13 ORANGE COUNTY CONTRACT UNDER$10,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 22nd day of May, 2013, ("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 5d'Wall Building Diagnostics Consultants (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: Design services to correct moisture intrusion deficiencies associated with crushed roof insulation surrounding the roof hatch and service walk areas per attached proposal dated April 11,2013. The term of this agreement rendered shall be from May 22"d,2013 to September 30,2013. 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 Two Thousand Four Hundred Dollars, ($2,400). 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 1 S. 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. 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 by telefacsimile signature. 8. 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 9. 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. IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE PROVID By: By: Co Man Title: 200 S.Cameron 5`Wall Building iagnostics Consultants P.O.Box 818 9601 Baileywick Road Hillsborough,NC 27278 Raleigh,NC 27615 This instrument has been approved as to technical content. Jeffrey o "psoln,Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. C/4,4-, P- Office of the Finance Director This instrument approved as to form and legal sufficiency. Of tice of the'Co Attorney Revised July 2010 2 h ithWALL 51UI6I..PIII P14,q1,106TIC5 CON, UILTAWT,5 April 11,2013 Wayne Fenton Assistant Director,Asset Management Services Orange County Government Box 8181 131 West Margaret Lane Hillsborough,NC 27278 RE: Moisture Mitigation Consulting Services West Campus Office Building Hillsborough,NC 5thWall Proposal No. 13-04-12 Dear Mr.Fenton: At your request we have prepared this proposal for providing selected services for the referenced facility. Generally, the services to be provided include development of documents to address selected moisture mitigation issues at the West Campus Office Building. The West Campus Office Building has experienced recurring moisture intrusion issues since its completion in 2010. Such issues have occurred in the roof system and below grade near the northeast comer of the building. The aforementioned moisture intrusions were investigated by 5thWall with deficiencies found within the roof system and at pipe penetrations through the wall below grade level. It is our understanding that Orange County Asset Management is desirous of engaging professional services for the development of corrective measures for the aforementioned issues. Professional Services In general our services will consist of the following: 1. Development of a brief scope of work to address moisture intrusion and other related issues: Roof o Removal and replacement of crushed or damaged board insulation. such damage was observed along the equipment screen at the south side of the mechanical equipment corral. 1 9601 Baileywick Rd•Raleigh,NC 27615 www.5thwallbde.com 9191616-4715 Wayne Fenton Moisture Mitigation Consulting Services West Campus Office Building Hillsborough,NC 5thWall Proposal No. 13-04-12 April 11,2013 Page 2 o Removal and replacement of areas identified as containing moisture. NOTE: The roof is currently under warranty. As such, remedial action involving the roof should be performed by a manufacturer-approved or recommended contractor so as not to void the warranty. o Adding foot traffic walkways at selected equipment locations to minimize potential damage to the roof system. • Below grade o Mitigation of moisture entry at the valve well near the northeast corner of the building. The well was identified as the source of below grade moisture intrusion. 2. Contacting the roof system manufacture with regard to the noted moisture intrusion, damaged insulation, and walkway issues. The manufacturer will be engaged to gain concurrence with proposed remedial activities so as not to violate terms of the warranty. Regarding below grade moisture intrusion mitigation, it is our understanding that corrective actions can be performed by Orange County personnel. As such, no contractors will be contracted. 3. Contacting manufacturer-approved roofing contractors for proposals. 4: Reviewing proposals and recommending contract award. 5. Conducting a PreBid Conference for remedial roof work to review parameters of the project in advance of receiving proposals. 6. Performing periodic site visits during remedial roofing activities 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 Orange County. Based on the current scope of work,we anticipate a total of three site visits are anticipated- one at or near the start of construction, one during construction, and one at completion of construction. Assistance Requested of Orange County We request your assistance in performing the requested services as follows: I., Arranging for safe access to all areas encompassed by the work by way of ladders, roof hatches, stairways, or mechanical lifts. Please notify us of any hazards that may be encountered in performing the work. 2. Granting permission to take record photographs. 9601 Baileywick Rd•Raleigh, NC 27615 www.5thwallbdc.com 919/616-4715 Wayne Fenton Moisture Mitigation Consulting Services West Campus Office Building Hillsborough,NC 5thWall Proposal No. 13-04-12 April 11,2013 Page 3 3. Providing copies of plans, specifications, reports, etc for our use in performing the requested services. 4. Advising us of your representative with whom we should contact with regard to performance of the requested services. Fee We propose to charge for our services based on our standard rates and unit charges a lump sum fee of: $2,400 NOTE: Fee does not include additional services that may be required such as structural engineering, mechanical engineering, specialized testing, etc. Should such services be needed, we will advise and provide appropriate costing. 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. 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, 5thWall Building Diagnostics Consultants i Jeffrey L. Spady,RRC 9601 Baileywick Rd•Raleigh, NC 27615 www.5thwallbdc.com 919/616-4715