Loading...
HomeMy WebLinkAbout2015-170-E AMS - 5th Wall Building Diagnostics Consultants for roof replacement design and consulting services $5,500 DocuSign Envelope ID: F4B3E08B-D87A-4AE0-BD19-D169D4E8F41B [Departmental Use Only] TITLE Roofing 600 Hwy 86 N FY 2015 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 6th day of April, 2015, ("Effective Date") by and between Orange County, North C arolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and 5'h Wall Building Diagnostics Consultants (the "Provider"), party of the second part-, W I T N E S S E T It For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts I-or 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,tirric being of the essence: 'rhe services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: roof replacement design and C011SUlting services at 600 Highway 86 North's warehouse and small storage area, per included propsal. The term of this agreement rendered shall be from April 6, 2015 to June 30, 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 Agreernent, 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. I'a, y1ji .. _g tjt: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The aniount, to be paid by the County shall not exceed five thousand five hundred dollars , ($5,500). 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, no[- shall any waiver by the County ofany breach be held to be waiver of any succeeding breach or a. waiver of this Non-Waiver Clause. 3, hic ependent Cont[act 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, LIVICtrIplOy"win Or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by file COLL11ty on behalf of the Provider or the ernployees of the Provider, 4. Insurance: Provider shall obtain, at its sole expense, Comnierci,al General Liability Insurance.................... Insurance, A Utornobile 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 Rcvised 10/14 1 DocuSign Envelope ID: F4B3E08B-D87A-4AE0-BD19-D169D4E8F41B Risk Transfer Policy anal Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http ' orafgg�corrtn q _gpy/pmts lrqsun,,t;/c c qaract�.aSrs). 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 riot applicable). Provider shall not commence work until Ss cls insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 5. Ind'csttnit : The Provider agrees to defend, indemnify, and hold harrrrless Orange County from all losses, liabilities, claims, demands, Suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily itajury, 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. . 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 Ag;reenient 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. 1"'his 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 I IA and Article 40 of North Carolina General Statute Chapter 66.. 8. k'riorit : In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms ofthis 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 Grange 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. Dispute Resolution: Any and all Suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of forth 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 such suits or actions. Binding arbitration may riot be initiated by either Party„ however,. the Parties may agree to nonbinding mediation of any dispute prior to the bringing of Such suit or action. 11. Non A ;ro fim mn: Provides- 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 statutol-y mandate. In the event that public funds are unavailable and not appropriated for the performance of C;outrty"s obligations under this Agreement, then this Agreement shall automatically expire without penalty to Count immediately upon written notice to Provider of the unavailability and non-appropriation of public funds, ISIGNA°I URF PAGE 'rO I'"OLLCI►W]I Revised u0/14 2 DocuSign Envelope ID: F4B3E08B-D87A-4AE0-BD19-D169D4E8F41B IN WITNESS WHEREOF,County and the Provider have signed this Agreement,effective as of the day first written above. ORAN E.COUNTY PROVJqE4 u _qoc Signed by: ocu gned by: By-. By: ouaymfgffikir 200 S. Cameron St. 5th Wall Building Diagnostics Consultants P.O.Box 8181 9601 Baileywick Road Hillsborough,NC 27278 Raleigh,NC 27615 Revised 10114 DocuSign Envelope ID: F4B3E08B-D87A-4AE0-BD19-D169D4E8F41B b. JLPtN�;PIA✓,N.0,51-1(,5 December 14,2014 Jeff Thompson Orange County Asset Management Services 131 West Margaret Lane PO Box 8181 Hillsborough,NC 27278 RE: Roof replacement design and consulting services Asset Management Services North Operations Warehouse—4,,400 square feet approximately North Operations Small Storage— 1,60O square feet approximately Hillsborough,NC 51hWall Proposal No. 14-12-23 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 rernedial roofing of the referenced facilities. Also included is administration of the project during construction. Roofs of the aforementioned facilities have been scheduled for replacement for several years. Current budgets for replacement per the 2012 Roof Asset Management Program Update are as follows: North Operations Warehouse $36,200 North Operations Small Storage $12,800 The budget assumes upgrading to current building code. We understand that funds For the referenced facilities are included in the CIP program for fiscal years 2014-15. In general Our services will consist ofthe following: A. Design 1. Meeting with representatives of Grange County to discuss the parameters of the project. 2. Reviewing documentation regarding the existing roof systerns. 3. Preparing design documents to include: • Plans, technical specifications, general conditions, and bidding documents. Roof design to address but not necessarily be limited to SLICII items as: 9601 Baileywick Rd-RMeigh, NG 27615 www.5thwalibdc.com 919/6164715 DocuSign Envelope ID: F4B3E08B-D87A-4AE0-BD19-D169D4E8F41B Jefl'Thornp,A)n Roof rephicenient design and consulting smices Asset Managentent Services North Operations Warehouse North Operations Small Storage Hillsborough,NC 5t)Mall Proposal No, 14-12-23 December 14,2014 Page 2 Wind uplift Fire resistance of the roof assembly Current codes and standards Drainage requirements Roof system type NOTE. At this time we anticipate that a fluid-applied mernbrane will be utilized. Warranty Sheet metal flashings Perimeter and penctration terminations • Preparing art 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 I, Preparing the contract between Owncr and Contractor I 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. Based on our understanding of the current scope of work, we anticipate the duration of construction to be as follows: North Operations Warehouse:— 10 consecutive calendar days North Operations Small Storage - 7 consecutive calendar days 9601 BaHeywick Rd- Raleigh, NC 27615 www.5thwallbdc.com 9191616-4715 DocuSign Envelope ID: F4B3E08B-D87A-4AE0-BD19-D169D4E8F41B Jeff Thonipxwn Roof'replaccmcnt design and consulting services Asset Management Services North Operations Warehouse North Operations Small Storage I fillsborough,NC 5th Wall Proposal No. 14-12-23 December 14,2014 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 tile 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 tile prcject documents,and verify that all items have been properly addressed. 2. Conducting a Prefinal (Punchlist) inspection Mon-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 I Assembling and organizing project close-011t 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. Assistance Requested of Oran 2e,Count y Asset Manay-ement We request your assistance in performing tile 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 tile interior of the facilities to allow examination of the underside of the roof at selected locations to observe for possible areas of damage and moisture intrusion. C. f3esignating your authorized representative with whom we may Communicate regarding matters relating to tile project. R Granting permission to take record and reference photographs. E. Providing copies of drawings, specifications, reports, and records relative to the proJect for our use. 9601 Baileywick Rd - Raleigh, NC 27615 www5thwa&lbdc.com 919/616-4715 DocuSign Envelope ID: F4B3E08B-D87A-4AE0-BD19-D169D4E8F41B Jeff Thompson Roof mplacenicrit design and consultingscrvices Asset Ma nagmnent Services North Operations warehouse North Operations Small Storage I fillsborough,NC 5LhWall Proposal No. 14-12-23 December 14,2014 Page 4 Fee We propose to charge for our services based on our standard rates and unit charges a lurnp sum cost as follows: Item A -- Design $ 1,700 Item B—Bidding $ 800 Item C—Contract Administration $ 400 Itern D—Construction Quality Assurance $ 2,100 Item E—Close-out $ 500 Total $ 5,500 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 COATI& Invoices will tv issued monthly base on work completed. Payment is due in full upon receipt of invoice. 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, 5thWall Building Diagnostics Consultants Y .Jeffrey L Spady, RRC 9601 Basleyw'ick Rd- Raleigh, NC 27615 www5thwallbdc.com 9191616-4715 DocuSign Envelope ID: F4B3E08B-D87A-4AE0-BD19-D169D4E8F41B 5THWA-11 OP ID:AJ AIIC"R"� DATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE P02/2312015 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 CNTACT NAOME� Anna Jane Coltrain Hartsfi!eld&Nash Agency,Inc, P-NO N-E ........... 1-1-1 F A I X I Post Office Box 1109 Wake Forest, NC 27588 E MAIL XZDRESS�anina@t;�rtsfield-nash.com Lorie Borrelli,CIC,AAI ... INSURER A�Hartford Casualty Ins Co. 19424 ............. INSURED 5th Wall Building Diagnostics INSURER a:Lexington Insurance Co. 119437 .......................... Consultants, LLC 9601 Bailywick Rd ............................. Raleigh, INC 27615 I INSURER S: INSURER ER 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. ..........................................._-ADOL I suak-""', PodcY EyF P LTR TYPE OF IN,SURANCE �WVD POLICY NUMBER [IMMIDDryyyy) IMMIDDNYYYL1 L.IMITS, GENERAL LIABtLr" EACH OCCURRENCE 2,000,00C A X COMMERCIAL GENERAL LIABILITY 22SBAVF0089 121011120114 1210112015 ATMs G�Tff RENTEU 300,00C CLAIM SMADE X OCCUR MED EXP(Any vre pprs,�,nS� 10,00( JTF�9NAL AD� 2,000,00( 4,000,00( GF NERAL_AGGRFGAT.E 3__­­­­_­........ Q`�EN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMPIOP AGG Is, 4,000,00 PRO. 1 s � POLICY I , L�_110r, � AUTOMOBILE LIABILITY COMBINED SINGLE,LAMIT 2,0010,000 A ANY AUTO 22SBAVF0089 1210112014 1210112015 BODILY INJURY(Per perswI, Is ALL OWNED I SCHEDULED BODILY INJURY IPer accxdwit0 AUTas AUTOS NON-OWNED PAbPFAfY­'rJA"IMAG'E� HIREIDAUTOS LX11"!AUTOS PkNTJ___ $ UMBRELLALIAB OCCUR EACH OCCURRENCE is 1,000,000 A EXCESS LIAO CLAIMS-MADE 22SBAVF0089 1210112014 1210112015) AGGREGATE ­I-OED x � ` R E TE N I'l ON S F AWAD EMPLOYERS'LIA RILrTY YrN A OfCE NIA E L EACH ACCIDENT �s .............. lMandatpoty ir,NH) E L DISEASE EA EMPLOYEE & If d!escr�be undee D. ()NS berow Y LIMIT $ CRiPTION OF.OPERATI f E L DISEASE-POLIC S Professional �43926702 0211212014 02112!2015!Occur 1,000,000 Liability !Aggregate 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS t VEHICLES (Attach ACORD 101,Adftonaf Remarks Scheduie,If More space Is requIred) RE:Cates Farmhouse ; Blackwood Farmhouse CERTIFICATE HOLDER CANCELLATION ORAN81 8 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 27278 AUTHORIZED REPRESENTATIVE OL 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD