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HomeMy WebLinkAbout2014-539-E AMS - 5th Wall Building Diagnostics Consulting for roof replacement and consulting services for new courthouse $8,800 DocuSign Envelope ID: CC61AD51-9200-4DEB-BBDA-E50D8BB74136 [Departmental Use Only] TITLE New Courthouse Roofing FY 2015 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 8th day of October, 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 5"'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: Roof replacement design and consulting services New Courthouse,per provided Proposal no. 14-08-18. The term of this agreement rendered shall be from October 8,2014 to March 31,2015. 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 Eight thousand eight hundred dollars, ($8,800). 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 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 Owner's Risk Manager as such insurance requirements are described in the Orange County Revised 7/14 1 DocuSign Envelope ID: CC61AD51-9200-4DEB-BBDA-E50D8BB74136 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://oran ecountync.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. 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 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. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Priority: 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. 9. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Should either parry 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 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] Revised 7/14 2 DocuSign Envelope ID: CC61AD51-9200-4DEB-BBDA-E50D8BB74136 IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the day fast written above. ORANGE COUNTY PROVIDER By: FDocuSigned by: DocuSigned by: 1�JO�nan.it, lkavKvuwsl t By: Countyanager 200 S. Cameron St. 5th Wall Building Diagnostics Consultants P.O.Box 8181 9601 Baileywick Rd Hillsborough,NC 27278 Raleigh,NC 27615 Revised 7/14 3 DocuSign Envelope ID: CC61AD51-9200-4DEB-BBDA-E50D8BB74136 u LL bULPING PlAg,1o6TiCS CaNeULTaNT5 August 15,2014 Wayne Fenton Orange County Asset Management Services 131 West Margaret Lane PO Box 8181 Hillsborough,NC 27278 RE: Roof replacement design and consulting services New Courthouse Sector 1 (4,800 square feet approximately) Sector 7(150 square feet approximately) Sector 8(180 square feet approximately) 106 East Margaret Lane Hillsborough,NC SthWall Proposal No. 14-08-18 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 Sectors 1, 7, and 8 at the New Courthouse. Also included is administration of the project during construction. All sectors exhibit existing single ply(EPDM)roof systems, all of which have exceeded their useful life. All sectors currently exhibiting extensive deterioration and evidence of moisture intrusion. Current budget for replacement per the 2012 Roof Asset Management Program Update is as follows: Sector 1 $88,000 Sector 7 $ 2,800 Sector 8 $ 3,300 The budget assumes upgrading to current building code. Professional Services 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: 9601 Baileywick Rd• Raleigh, NC 27615 www.5thwallbdc.com 919/616-4715 DocuSign Envelope ID: CC61AD51-9200-4DEB-BBDA-E50D8BB74136 Wayne Fenton Roof replacement design and consulting services New Courthouse Sectors 1,7,and 8 Hillsborough,NC SthWall Proposal No. 14-08-18 August 15,2014 Page 2 • 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 flashings Perimeter and penetration terminations • Preparing an opinion of estimated construction cost • Preparing an opinion of estimated project schedule 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 1. 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 Orange County. i Based on our understanding of the current scope of work, we anticipate the duration of j construction to be approximately 30 consecutive calendar days. i 9601 Baileywick Rd• Raleigh, NC 27615 www.5thwallbdc.com 919/616-4715 DocuSign Envelope ID: CC61AD51-9200-4DEB-BBDA-E50D8BB74136 Wayne Fenton Roof replacement design and consulting services New Courthouse Sectors 1,7,and 8 Hillsborough,NC 5thWall Proposal No. 14-08-18 August 15,2014 Page 3 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 Prefinal(Punchlist)inspection Non-compliant items will be documented in a written punchlist with copies provided to Orange County and the Contractor. 3. Conducting a Final inspection E. Close-out 1. 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. Assistance Requested of Orange County 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: 3 t 9601 Baileywick Rd• Raleigh, NC 27615 www.5thwallbdc.com 919/616-4715 DocuSign Envelope ID: CC61AD51-9200-4DEB-BBDA-E50D8BB74136 Wayne Fenton Roof replacement design and consulting services New Courthouse Sectors 1,7,and 8 Hillsborough,NC SthWall Proposal No. 14-08-18 August 15,2014 Page 4 Item A—Design $ 4,800 Item B—Bidding $ 800 Item C—Contract Administration $ 500 Item D—Construction Quality Assurance $ 2,200 Item E—Close-out $ 500 Total $ 8,800 Invoices will be issued monthly base on work completed. Payment is due in full upon receipt of invoice. NOTE: Fee does not include additional services that may be required such as structural engineering, mechanical engineering, etc. Should such services be needed, we will advise and provide appropriate costing. Timin 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, SthWall Building Diagnostics Consultants Jeffrey L. Spady,RRC i I 9601 Baileywick Rd • Raleigh, NC 27615 www.5thwallbdc.com 919/616-4715 DocuSign Envelope ID: CC61AD51-9200-4DEB-BBDA-E50D8BB74136 �1 5THWA-1 OP ID: LJ CERTIFICATE OF LIABILITY INSURANCE DA 02/07/2014Y) 02/07/2014 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. 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 endorsement(s). PRODUCER Phone:919-556-3698 CONTACT NAME: Hartsfield&Nash Agency,Inc. Post Office Box 1109 Fax:919-556-8758 AHONNo Exit: A/C No Wake Forest,INC 27588 E-MAIL Lorie Borrelli,CIC,AAI ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC q INSURERA:Hartford Casualty Ins Co. 29424 INSURED 5th Wall Building Diagnostics - INSURER B;Lexington Insurance Co. 19437 Consultants LLC 9601 Bailywick Rd INSURERC: Raleigh, NC 27615 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. 1�7R TYPE OF INSURANCE DD BR POLICY NUMBER POLICY EFF MM/DD EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,00 A X COMMERCIAL GENERAL LIABILITY 22SBAVF0089 12/01/2013 1210112014 pREMISETo a RTEDnce $ 300,00 CLAIMS-MADE OCCUR MED EXP(Any one person) $ 10,00 PERSONAL&PDVINJURY $ 2,000,00 GENERAL AGGREGATE $ 4,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 4,000,00 POLICY PRO LOC $ AUTOMOBILE LIABILITY Ea a�BINEDISINGLE LIMIT $ 2,000,000 A ANY AUTO 22SBAVF0089 12/01/2013 12101/2014 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY Per accident $ AUTOS AUTOS ( ) X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per acddent $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ 1,000,00 A EXCESS LIAB CLAIMS-MADE 22SBAVF0089 12101/2013 12/01/2014 AGGREGATE $ DED I X I RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N ORY LI TS E ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? F—] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 5 B Professional 43926702 02/12/2013 0211212014 ea occ 1,000,000 Liability aggregate 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,it more space is required) RE:Window Condition Assessment Southern Human Services Chapel Hill, NC CERTIFICATE HOLDER CANCELLATION ORAN818 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 Hillsborough,NC 27278 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights.reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD f