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Home My WebLink About2015-246-E AMS - 5th Wall Building Diagnostics Consultants for roof replacement design and consulting services for Orange County Jail $12,800 DocuSign Envelope ID:8BDA6ABE-28AD-4D4C-AE17-79316DFF4221 [Departmental Use Only] TITLE Roof Design Jail FY 2015 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 2nd day of June, 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 (the "Provider"), party of the second part; WITNESSETH: For the purpose and subject to the terns and conditions hereinafter set forth, the Cloutity 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: Tile set-vices and/or materials (hereinafter referred to collectively as "Services") to be fumished under this Agreement are as follows: Roof replacement design and consulting services for the Orange County Jail, per provided Proposal no. 14-12-24. Tile term of this agreement rendered shall be from May 27, 2015 to Julie 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 tirnely 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 I 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 twelve thousand eight hundred dollar, ($12,800). 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 all independent contractor and the County shall not be responsible for any of the Provider's acts or ornissions. The Provider shall not be treated as all 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 oil 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 requirenients are described in the Orange County Revised 10/14 1 DocuSign Envelope ID:8BDA6ABE-28AD-4D4C-AE17-79316DFF4221 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at litt ://oran -chasim#), contracts.ag p ync.g _gecount rov/ y1--1111-......... -p If Owners Risk Manager determines additional insurance coverage is required such additional insurance shall consist of (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. Lq d 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 SiLmatures: 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 a niend tile tits 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. Priority: 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 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 riot limited to all anti-discrimination laws. I P j q)utq..Resol ut ion: 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 North Carolina sitting in Orange County, North Carolina. It is agreed by tile parties that no other court: shall have jurisdiction or venue with respect to Such suits or actions. Binding arbitration may not 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 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 tile 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 FOLLOW11 Revised 10111 2 DocuSign Envelope ID:8BDA6ABE-28AD-4D4C-AE17-79316DFF4221 IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVMER —DocuSigned by: DocuSigned by: By: � ocu ►t �a�xw t vS By: 9 S raj , �VU 7 1r —996697BFFA034CS... 200,S.Cameron St. 5th Wall Building Diagnostics Consultants P.O.Box 8181 9601 Baileywick Rd Hillsborough,NC 27278 Raleigh,NC 27615 Revised 10/14 %, DocuSign Envelope ID:8BDA6ABE-28AD-4D4C-AE17-79316DFF4221 LL'r�� tarmi�;ws� P;IJI_m,m Atd] December 15,2014 Jeff'Fhompson Orange County Asset Management Services 131 West Margaret Lane PCB Box 1118 1 1lillsborough,NC 27278 R1 : Roof replacement design and consulting services Orange County Jail Sector 8—9,400 square feet approximately Sector 9— 1,600 square feet approximately Sector 10—2,200 square feet approximately Hillsborough, SIC 5thWall Proposal No. 14-12-24 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. 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: Sector 8(single ply EPDM) $142,000 Sector 9(shingles) 16,500 Sector 10(single ply EPDM) 26,700 The budget asssunleS upgrading to current building code. In general our services will consist of tine 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. 13. 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: 9601 Baileywick Rd . Raleigh, INC 27615 www.5thwallbdc.com 9191616-4715 DocuSign Envelope ID:8BDA6ABE-28AD-4D4C-AE17-79316DFF4221 Jefffholnpsoll Roof rclAacement design and consulting services (,)range County Jail Sector 8 Sector 9 Sector 10 Hillsborough,NC 5thWalf Proposal No. 14-12-24 Decernber 15,2014 Page 2 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 NOTE: At this time we anticipate that a polymer modified bituminous membrane will be utilized for Sectors 8 and 10; shingles will be utilized for Sector 9. Warranty Sheet metal fleshings Perimeter and penetration terminations • Preparing an opinion,of estimated construction cost • Preparing an opinion of estimated project schedule B. Bidding I, 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 L Preparing the contract between,Owner and Contractor 2. Reviewing Contractor submittals 3. Attending Pre-ConstrUCtion Cord'erence 4. Preparing and distributing Minutes of the Pre-(,I 10nStrUCti0n 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 perforated in accordance with the plans and specifications. During Our site visits we will meet with your persomid,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. 9601 Banleywick Rd• Raleigh, NC 27615 www,5thwallbdc.com 919/616-4715 DocuSign Envelope ID:8BDA6ABE-28AD-4D4C-AE17-79316DFF4221 Jeff"Thornpson Root'replacenien(design and consulting services Orange County Jail Sectc)r 8 Sector 9 sector 10 I fillsborough,NC 5(h Wall Proposal No. 14-12-24 Deceniher 15,2014 Page 3 Based on our understanding of the Current scope of work, we anticipate the duration of construction to be as follows-, Sector 8—30 consecutive calendar days Sector 9— I()conseCL,Itive calendar days Sector 10— 10 consecutive calendar days 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 8 visits will be required to aSSUre conformance of construction activities with the project documents and verity,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 cIOSC-ClUt CIOCLIIIIentS. 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 Reguested of Orange County Asset Management We request your assistance in performing the various tasks described herein as follows: X 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 facilities to allow examination of the underside of the roof at selected locations to observe for possible areas ofdamage 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. 9601 Baileywick Rd- Raleigh, NC 27615 www5thwalUbdic.com 9191616-4715 DocuSign Envelope ID:8BDA6ABE-28AD-4D4C-AE17-79316DFF4221 Jeff"I'honipso:11 Roof replacement design and consulting services Orange County.fail Sector 8 Sector 9 Sector 10 Hillsborough,NC 5thWall Proposal No. 14-12-24 December 15, 2014 Page 4 Fee We propose to charge fOr 01.11- services based on our Standard rates and unit charges a 11.1rup SUM Cost as follows: Item A —Design $ 7,200 hern B—Bidding $ 800 Item C—Contract Administration $ 800 Itern D—Construction Quality Assurance $ 3,500 Item E—Close-OLH $ 500 'Dotal $12,800 NOTE: Fee does not include additional services that may be required SLIC11 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, 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(his proposal and our authorization to proceed by executing the attached Agreement for Professional Services and returning it to out" 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 Elaileywick Rd- Raleigh, NC 27615 www 5thwaflbric,com 9191616-4715 DocuSign Envelope ID:8BDA6ABE-28AD-4D4C-AE17-79316DFF4221 5THWA-1 OP ll[) AJ CRTIFICATE, OF LIABILITY INSURANCE DA7F fMM1DDr(YYY) E r 02/2312015 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, IMIPORTANT. 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 C.-A.. TEA CT Anna Jane Colrain Hartsfield &Nash Agency,Inc. P H ONE.. . —1--1--rr F-A I X 1-11'r-11-1-r-r-r-r- Post Office,Box 1109 Wake Forest,NC 27588 E�MAIL ADDRE,ss anna@.hartsfield-nash.com Lorie Borrelli,CIC,AAI .. ............I-N§L1R.E!y§J_LFF INSURER A:Hartford-Casualty Ins Co. �29424 -- ------------------ ................. INSURED 5th Wall Building Diagnostics INSURER a:Lexingtqn Insurance Co. 19437 Consultants,LLC .. .. . -1 -.1-1—.11, ----- -I � - -,"", ,,- 1. --11 --I 9601 Efailywick R!d Raleigh, NC 27615 ............. ............. INSYRE.R-E L ..... ...... 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 NOrWITHSTANDING 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, ........................... pOL TYPE OF INSURANCE POLICY NUMBER MIDDNYyn LIMRS LTR I , (M I M",4p I GENERAL LIABILITY EACH OCCURRENCE S 2,000,000 -DAMA69 rORENTED A X COMMERCIAL GENERAL LIABILITY 22SBAVF0089 1210112014 12101/2016 ",5 PREMI - 300,00 11 CLAIMS DoE X MED Ex P(Any one person) 10,00 OCCUR 'PER,S,ONAL&-A-D-V INJURY -s- 4,000,001 ENERAL AGGREGAT AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGO S 4,000,600 POLICY LOD AUTOMOBILE LIABILITY I ANY AUTO A 22SBAVF0089 1210112014 12/01/2016 BODILY INJURY JP&person) [5 -[—s --- ALL OWNED All rOS SCHEDULED AUTOS BODILY INJURY gPet acodenl) X NON-OWNED PROPERTY DAMAGE— HIRED AUTOS AUTOS S UMBRELLA LIAB mm I OCCUR EACP I,OCCURRENCE S 1,000,00C'-,,,,- A EXCESS UAB CLAIMS-MADE �22SBAVF0089 12101112014 1210112D15 AGGREGATE DED X RETENTIONS YVORKERS COMPENSATION I WC STATU'- OTir I- AND EMPLOYERV LIABILITY I.QRA-Umila. ---F.9—a -- A YPROPP10ORIPARINERPEXE E I. EACH ACCIDENT N X OFFICERNEMSER EXCLUDEW INIA�l (MandA"in NHI E I. DISEASE-EA EMPLOYEE� Ut, -- m.,.,._.., ps,dev.76c wider SCRIPTiON OF OPERATIONS b0ow i El DISEASE-POLICY LIMIT 1 S B (Professional 43926702 02121204 02/1212015 �Occur 1,410 0,80 0100,110 Liability 1,00 Aggregate DESCRIPTION OF OPERAInONS I LOCATIONS I VEHICLES (A"ach ACORD 101,Additional Remarks Schedule,iif more space is raqt&vd) RE:Cates Farmhouse ; 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 27278 AUIHORIZE0 REPRESENTATIVE Q 1988.21010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD