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HomeMy WebLinkAbout2015-144-E AMS - 5th Wall Building Diagnostics Consultants for Roof Replacement Design and Consulting Services at Blackwood Cates Farms Houses $6,900 DocuSign Envelope ID: C9DOF1 D8-58FA-4F8F-ABEB-899CF01A1 F8B [Departmental Use Only] TITLE Blackwood Cates Roofiing FY 2015 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 26th day of February, 2015, ("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 (tile "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, One being of the essence: The services and/or materials (hereinafter referred to collectively as "Services"') to be furnished tinder this Agreement are as follows: roof'replacement design and consulting services at Blackwood Farm House and Cates Farm House, as provided in attached proposal 15-02-06. The term of this agreement rendered shall be from February 26, 2015 to March 20, 2015. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary tinder this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or ornissions, 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 l„ paynqDt: 'File County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreetuent. The amount to be paid by the County shall not exceed six thousand nine hundred, ($6,900). payment shall be made within thirty (3(l) (lays of an invoice properly Stribmit�ted 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 field to be a waiver of any Stleceeding breach or a waiver of this Non-Waiver Clause. 3. j9dependent Contractor: The Provider shall operate as an independent contractor and the County shall not be responsible, for any ofthe Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder lbr federal or state tax, unemployment or workers' compensation purposes. 'file Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of file Provider or(lie employees ofthe Provider. 4. 111SUrance: Provider shall obtain, at its sole expense, ("ornmercial General Liability insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as it-tay Revised IM4 1 DocuSign Envelope ID: C9DOF1 D8-58FA-4F8F-ABEB-899CF01A1 1`813 be required by Owners Risk Manager as such insurance re(JUirernents, are described in the Orange County Risk Transfer Policy and Orange County Minifuum Insurance Coverage Requirements (each document is incorporated herein by reference and may be vievved at ]I an 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 SUCII insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County frorn all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising frorn 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 oft ae Provider. 6. Termination: "This Agreement may be ternimated at any time by mutual written agreement of the pat-ties or by the County upon written notice to the provider. 7. Entire A�zreement and The pat-ties 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 pat-ties. This Agreement together with any amendments or modificatioris may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66,. 8 Priority: In determining the basic, services to be provided, should any docrunents be referenced in or attached to this Agreement, the terrns, 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 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. 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. 10. 1)i sp -et, or seek darnages with ,mte Resolution: Any and all suits or actions to enforce, interpret, respect to any provision of, or the performance or non-perforruance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina, It is agreed by, the parties that no other court shall have jurisdiction or venue with respect to Suet) suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to noribinding, mediation of any dispute prior to the bringing Of Such suit or action. 11, Non..Ap 'oun� .p )jjCig( Provider acknowledges that C v is a governmental entity, and the _rL kqq: Pi validity of this Agreement is based upon the availability of public funding under the authority of its statutory, mandate. III the event that public funds are unavailable and not appropriated for the performance OfCOUnryS 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. ISIGNATURE PAGE TO FOLLOW1 Revised 10114 2 DocuSign Envelope ID: C91DOR D8-58FA-4F8F-ABEB-899CF01A1 1`813 IN WITNESS WHEREOF,County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE COUNTY PROVIDER o DcuSigned by: DocuSigned by: B51 BY: =996697B FA034C5 200 S.Cameron St. 5th Wall Building Diagnostics Consultants P.O. Box 8181 9601 Baileywick Road Hillsborough,NC 27278 Raleigh,NC 27615 Revised 10/14 DocuSign Envelope ID: C91DOR D8-58FA-4F8F-ABEB-899CF01A1 1`813 10 10 h ---------- E LJILPINkl PVI,,rd ,j�V"_'5 All February 2, 2015 JeIT'I'llompson Orange County Asset Management Services 131 West Margaret Lane PO Box 8181 llillsborough, NC 27278 RE hoof replacement design and consulting services Blackwood Farm House—2,000 square feet approximately Cates Farm I-louse— 2,200 square feet approximately I-lillsborOUgh, NC 5thWall Proposal No. 15-02-06 Dear Mr. Thompson: 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 facilities. Also included is administration of the proJect during construction. The root'§of Blackwood Farm House and Cates Farm House have been scheduled For replacement ill fiscal year 2014/15. Current budget for replacement per the 2012 Roof Asset Management Program Update for each of the rel'erenced facilities is as follows: Blackwood Farm House $ 18,750 Cates Farnn House $ 20,700 The budget assumes upgrading to Current building code. Please note that each of the facilities was scheduled to be performed as a standalone proJect. 1-lowever, it is anticipated that a cost saving call be achieved by combining cacti into one single project. In general Our services will consist of the following: A. Design I, Meeting with representatives o1`Orange County to discuss the parameters of the pr(Iject. 2. Reviewing documentation regarding the existing roof systems, 3. Preparing design documents to include: • flans, technical specifications, general conditions, and bidding doctunelits. Roof design to address but not necessarily be limited to such items as: 9601 Baileywr ck Rd - Ral6gh, NC 27615 www.5thwallbdc.com 919/616-4715 DocuSign Envelope ID: C91DOR D8-58FA-4F8F-ABEB-899CF01A1 1`813 JeIT'l-hompson Roof replacernent design and consulting services Blackwood Farm House fates Farm House Hillsborough.N( 5thWall Proposal No. 15-02-06 FcbrUuy 2,2015 Page 2 Wind uplift Fire resistance ofthe roof ssembly Current codes and standards Drainage requirements Roof system type Non: At this time we anticipate that fiberglass asphalt shingles will be utilized. Warranty Sheet metal fleshings Perimeter and penetration terminations • Preparing an opinion of estimated construction cost • Preparing all opinion of estimated project schedule 13. Bidding 1. Attending Pre-Bid Conference 1 Preparing and distributing Minutes of[tie 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 I. 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 I-lay Requests F). Construction I I onstruction 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 ineetings, check materials, observe construction in progress, examine completed work, and discuss future work, A report Summarizing our observations wi I I be provided to Orange County, Based oil our understanding of the Current scope of work, we anticipate the duration of construction to be approximately 21 consecutive calendar days. We recommend that site visits be performed at tut average frequency of one visit per week throughout the course of construction activity. The frequency of visits may vary depending oil tile nature of work taking place. Additionally, an increased number of visits are recommended at the beginning of tile project in order to assure a full understanding of requirements and needs. Therefore, we anticipate that approximately 10 visits will be required to assure 9601 Baileywick Rd • Raleigh, NC 27615 www5thwallbdc.com 919/616-4715 DocuSign Envelope ID: C9DOF1 D8-58FA-4F8F-ABEB-899CF01A1 1`813 Jeff'I'llonipson Roof replacenient design and consulting services Blackwood Farm House Cates Marisa House Ifillsborough, NC 5(hWall Proposal No. 15-02-06 F'cbruary 2,2015 Page 3 conformance of construction activities with the pro.ject documents and verily that all items have been properly addressed. 2. Conducting a Prefinal (Punchlist) inspection Non-compliant items will be documented in a written purichlist with copies provided to Orange County and the Contractor. 3. Conducting as Final inspection E, Close-out I Assembling and organizing project close-out documents. Stich close-out documents include record drawings, warranties, reports, and final pay request. I Delivering close-out documents to Orange County Asset Management. One set of close- out documents will be delivered. Assistance Re(vuested of Oranee County Asset Manay-ement 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 Lis of any hazards that may be encountered in performing the work. 13 Providing access to the interior of the I'acilities 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 $2,400 Item B- Bidding $ 800 Item C—Contract Administration $ 400 Iteni D­-Construction Quality Assurance $2,800 Itern E—Close-out $ 500 Total $6,9'00 9601 Baileywick Rd- Raleigh, NC 27615 www.5thwallbdc.com 919/616-4715 DocuSign Envelope ID: C9DOF1 D8-58FA-4F8F-ABEB-899CFO1A1 F8B Jeff Thompson Roof replacement design and consulting services Blackwood Farm House Cates Farm House I I i I I sborough,NC 5thWall Proposal No. 15-02-06 February 2,2015 Page 4 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. Invoices will be issued monthly base on work completed. Payment is due in full upon receipt of invoice. Titnin 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 Jeffrey L. Spady, RRC 9601 Baileywick Rd • Raleigh, NC 27615 www,5thwallbdc.com, 9191/616-4715 DocuSign Envelope ID: C9DOF1 D8-58FA-4F8F-ABEB-899CF01A1 F8B 5THWA-1 OP ID; AJ ,a CERTIFICATE OF LIABILITY INSUIRANC�E D0212 12015 02123x'201 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 lien of such endorsement(s). PRODUCER CONTACT cT Anna Jane Coltrain Hartsfield Nash A envy,Inc. PHONE. ..... _._ FAX Post Office Box 1109 IAC,,NQ.EXt 919-556 3696 _ I c,gip) Ware 1Forest,N1C 27688 E-MAIL Lorie Borrelli,CIC,AAI _ - ......_IINSURIERI'S)AFFORDING COVERAGE .......,.,. NAIC# INSURER A Hartford Casualty Ins Co 29424 ... .. INSURED 5th Wall Building Diagnostics In tern Insurance Co. 119!43? Consultants, LL INSURERC:Le '__ 9601 Bailywlrick Rd l __ _.... _____ ...... ..... !Raleigh, NC 276115 INSURER INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS 1S 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, ...... .. , .. .... inlsix t1 ......... -- AD-sUB I POLICY EFaErr p�ri=lcv Exw __ ._ ...... . .......... ......... LTR TYPE OF INSURANCE POLICY NUMBER I MMIDDIYYYY l (MMIDDNYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,00 ALAI"T1=rI�„ A X COMMERCIAL.GENERALLIABILITY 22aBAVF4089 12101/2014 12401/2015 PREMISESIEaocc rrence °� 300 00C ... ...............� CLAIM'S-MADE [X OCCUR MED EXP CAny one person) S 10,00( PERSONAL.&AOVINJURY $ 2000,00 — GENERAL AGGREGATE $ 4,000,00 GENT AGGREGATE LIMIT APPLIES PER, PRODUCTS-COMP/OP AGG �5 4,000,00 PTTLICY IRS- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE.LIMIT ..... -_ ,(La acpdent) ...... 2,000,00 ..._...... ... .. . ... ---- 010 ANY AUT°G 22SBAVF'0089 12101/2014 12/01112015 BODILY INJURY(Per person) $ ALL OWNED � SP'HErSLyIwE.O BODILY INJURY(Per accident) S AUTOS ....... AUTOS NON-OWWNED .PROPERTY DAMAGE.._ ...... X HIRED AUTOS X, AUTOS ��ER AC�II7ImmNr $ I ... UMBRELLA LIAB OCCUR EAa H OCCURR2ENCE $ 1,000,00 A EXCESS LIAR J CI AIMS MADE 22SBAVF0089 12101/2014 121011/20151 AGGREGATE $ DEO X RETENTION$ $ WORKERS COMPENSATION ( " W"fC";aTATU. OIH AND EMPLOYERS'LIABILITY T �' -SIT'$ 1'� .. . YIN AN'wE"ROPRIETURIPARTNER�EXEhL'UTIVE'. Pq' �Ip J �FL EACHI,ACCIDENT $ CFFICERfMFMBER EXCLU10C 4 4._..._..7 N r A .... . .. ..... .... . .. _ .. .. (Mandatory in,NH) E.I..DISEASE.L-A ECwkG'.rLC)YLE'.... $tinder If o scRIp"nON OF OPFRAM"IONS below 1 E L DISEASE-PdDLiCY LIMf7` $ B Professional 43926702 0211212014 02!12/201510ccur 11,000,00 Liability JAggregate 11000,00 DESCRIPTION'.OF OPERATIONS x LOCATIONS A VEHICLES (Attach ACORD 101.„Additional Remarks,Schedule„It more space Is required) RE.Cates Farmhouse i Blackwood Farmhouse CERTIFICATE HOLDER CANCELLATION ORAN818 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 Hillsborough„ NC 27276 AUTHORIZED REPRESENTATIVE ✓1966-2010 ACORD CORPORATION. All rights reserved!. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD