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Home My WebLink About2015-303-E AMS - 5th Wall Building Diagnostics Consultants for general consulting services for the Portico Structural Restoration of the OC Mag.'s Office roof $15,700 DocuSign Envelope ID: B2AEF412-BOEF-459E-B763-A53572F54A27 [Departmental Use Only] TITLE Consulting Magistrate's FY 2015 ORANGE COUNTY CONTRACT UNDER S15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 29th day of Julie, 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 51h 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 Agreernent,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: general consulting services for the Portico Structural Restoration of the Orange County Magistrates'Office roof, per provided Proposal no. 13-07-17. The term of this agreement rendered shall be from June 29,2015 to August 31, 2015. Provider represents and agrees that Provider is qualified to perform and ftilly capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisf1tction 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 PAymg1!: The County agrees to pay at the rates specified for Services satisfactorily performed ill accord with this Agreement. The amount to be paid by the County shall not exceed fifteen thousand seven hundred dollars, ($15,700). Payment shall be made within thirty (30) days of an invoice property 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 kvith the work to be performed until such tune as said work is completed. 2, Non—waiver: Failure by County at any tinle 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. Inderiendent 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, `Vhe 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 Owners Risk Manager as such insurance requirements are described in the Orange County Revised 10114 1 DocuSign Envelope ID: B2AEF412-BOEF-459E-B763-A53572F54A27 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at h : / ra cou i c,goy/purchasL conq�e p -9P/ o nge —1..�.Yjl- qZL_ ts- �i_). If Owner's 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. Indemnity: Tile 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 oil the part of the Provider. 6i Termination: This Agreement may be terminated at any tirric by mutual written agreement of the parties or by the County upon written notice to the Provider. 7. Entirg—A treq.trient 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 I IA and Article 40 of North Carolina General Statute Chapter 66. 8. 'Prioritv: Ili determining the basic services to be provided, should any documents be referenced in or aitaeheed 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 tile 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. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek darnages 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 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 10/14 2 DocuSign Envelope ID: B2AEF412-BOEF-459E-B763-A53572F54A27 IN WITNESS WHEREOF,County and the Provider have signed this Agreement,effective as of the day first written above. OR Cj&GQV fTY PROVIDER DocuSigned by: By 1�at�,vut aka w�c v s(t+? By. 9� (, SpaEj, �I� County an,ager 996697BFFA034C5... 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: B2AEF412-BOEF-459E-B763-A53572F54A27 E',1UJLPfNC; PIAZAO�JTIC.��C-0HbN.-�Afd'g� July 21, 2013 (updated May 29, 2015) Jeff Thompson Director, Asset Management Services Orange County Government Box 8181 131 West Margaret Lane Hillsborough, NC 27278 RE: General Consulting Services Magistrate Office - Portico Structural Restoration Ifillsborough, NC 5th all Proposal No. 13-07-17 Dear Mr, Thompson: 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 docurneuts for restoration of the portico portion of the Magistrate Office. The portico is currently exhibiting various indications of distress including water leakage, roof damage, peeling paint, and structural deficiencies. 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: A. Design I Meeting with Orange County Asset Management Services to discuss the parameters of the project, 2,. Reviewing documentation regarding existing systems and assemblies. 3. Development of design documents to address the following items: ,* Structural Repair Reinove boxing to expose structural members to view and allow for remedial work Remove ceiling to expose rafters to view and allow for remedial work Repair of structural damage at beams and headers supporting the roof Repair of damaged ceiling and related structural components Repair of deteriorated or damaged columns 9601 Bafleywick Rd • Raleigh, NC 27615 www.5thwallbdc.com 919/616-4715 DocuSign Envelope ID: B2AEF412-BOEF-459E-B763-A53572F54A27 Jeff Thompson General Consulting Services Magistrate Office-Portico Structural Restoration HiBborough,NC 5thWallProposal No. 13-07-17 Tully 21,2013(updated May 29,2015) Page 2 NOTL Extensive damage was observed during our pre-proposal site visit. Based on our initial observations, we anticipate that wholesale replacement of components or assemblies will be required. • Other Painting of boxing, ceiling, columns,railing and miscellaneous wood trim 4. Preparing an opinion of estimated construction cost. 5. Preparing an opinion of estimated project schedule.: B. Bidding 1. Attending Pre-Bid Conference I Preparing,and distributing Minutes of the Pre-Bid Conference I 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. Assisting with preparation of the contract between Owner 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 I 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 Asset Management. Based on our understanding of the current scope of work, we anticipate the duration of' construction to be approximately 60 consecutive calendar days. As such, 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 cif construction activities with the project documents and verify that all items have been properly addressed. 9601 Baileywick Rd- Raleigh, NC 27615 www.5thwallbdc.com 919/616-471',5 DocuSign Envelope ID: B2AEF412-BOEF-459E-B763-A53572F54A27 Jeff Thompson General Consulting Services Magistrate Office-Portico Structural Restoration Hillsborough,NC 51hWall Proposal No. 13-07-17 July 21,2013(updated May 29,2015) Page 3 2, Conducting a Prefinal (Punchlist) inspection Non-compliant items will be documented in a written punchlist with copies provided to Orange County Asset Management and the Contractor. 3. Conducting a Final inspection E. Close-out I 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 Count l Asset Management We request your assistance in performing the requested services as follows: I Arranging for safe access to all areas of the project site,to include interior and exterior, by way of ],adders, roof hatches, stairways, or mechanical lifts. Please notify us of any hazards that may be encountered in performing the work. 2. Providing copies of plans, specifications, reports, etc for our use in performing the requested services. 3. Granting permission to perform invasive investigation of existing conditions to include removal of selected portions of existing assemblies i.e. gutter,roof,ceiling, boxing, columns, etc. 4. Granting permission to take record and reference photographs. 5. Advising Lis 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 cost as follows: Itern A - Design $10,900 Item B, - Bidding $ 800 Item C - Contract Administration $ 600 Itern, D -Construction Quality Assurance $2 800 Item E -Close-out, $ 600 Total $15,700 Note: Fee does not include additional services that may be required such as mechanical engineering, specialized testing, 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, 9601 Baileywick Rd - Raleigh, NC 27615 www.5thwallbdc.com 919/616-4715 DocuSign Envelope ID: B2AEF412-BOEF-459E-B763-A53572F54A27 Jeff Thompson General Consulting Services Magistrate Office-Portico Structural Restoration Hillsborough,NC 5thWall Proposal No, 13-07-17 July 21,2013(updated May 29,2015) Page 4 Timis 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. Sincerel-y' 5thWall Building Diagnostics Consultants Jeffrey L. Spady, RRC 9601 Baileywick Rd - Raleigh, NC 27615 www,5th,wallbdc.com 919/616-4715 DocuSign Envelope ID: B2AEF412-BOEF-459E-B763-A53572F54A27 5THWA-1 a'P ID:AJ CERTIFICATE F LIABILITY INSURANCE 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 13Y THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATI'V'E OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: It the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed'. If SUBROGATION I5 WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not conifer rights to the certificate holder In lieu of such endorsement(s), PRODUCER CONTACT Anna Jan.....e Coltraitt Hartsfie'Id&Nash Agt:ncy,Inc. .PH❑NE..._., Fax Post Office Box 1149 & EXti,919 556 369$ _. ...__._... c,roe) Wake Forest,NC 27588 E-MAIL Loris Borrelli,CIC,AAI ADDRESS. anna hartsfield-nash.corn......... iNSURER'1sl AFFnaDwiue covElvtcE NaIC a _.. INSURER Hartford Casualty Ins Co 29424 INSURED 5th Wall Building Diagnostics ._ ....,_ .m.._ .... g 9 INSURER Lexington Insurance Co 19437 Consultants,LLC __... 9601 Bailyviiick Rd INSURER C Raleigh,NC 2761115 "NSURr Ica INSLiRER 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'P'OLICY 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„Frr IIHS' ........... ... ......._ .._,....... _.._. .......,AIMS §mLlaTt ....m.._._.. ___..,.... .. ..,.,.,.,.,._......_ ._i'DL1CY"EFF,. PC7i<i' `N'ExW .....__._______................... .... ....._. ........._ _.. LTR TYPE OF INSURANCE POLICY NUMBER IMIMIDDIYYYYI (MMIDDtyyyyl LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,404,00' aD Mater Y d5}TS .. . ... ...._ A X I COMMERCIAL GENERAL LIABILtlTp° 1225BAVF4499 12141/2414 12NtI112D15 PFt,EM15E5(E_a,,caccurrenee � 3tICD,tI4 .,�CLAIMS-MADE IX I OCCUR MED EXP(Any one person) �$ .10,00( _.- . ----- -.......-- PERSONAL:ADV INJURY $ 2,000,00 rGENERALAGGREGATE $ 4,400,00( _. . .. ......— . ............ ......_......_ _GENT AGGREGATE LIMIT APPLIES PLR: PRODU4TS-G4MP14P AGG $ 4,000,00 __.......... - POLICY ._ PRO- LDC. S AUTOMOBILE LIABILITY COMMINED SINGLE LIMIT �(Ea_accodeni} _S$......,,_. 2,400,04! A ANY AUTO 22SBAVF0089 1214112414 12/01/2415 BCNDILY INJURY(Per person) S ALLOW SCHEDULED .....__._ ......._._....... . .... ............... ............ ....,... AUTOS AUTOS BODILY INJURY(Per acaderrtl 5 ' NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS + AUTOS UMBRELLA LIAR OCCUR EACH OCCURRENCE S 1,000,00 A EXCESS LIAB CLAIMS-MADE 22SBAVFOOBS 12101/2014 121011'2015 AGGREGATE s ....... .. ....... ................,_. ._...�........... _ .......... DECD X RETENTION S S WORKERS COMPENSATION WC STATU- 4TH- AND EMPLOYERS'LIABILITY YIN, .� ,-U. T ANY PROPRIETCR)PARTNERIEXECUTIVE E.L.EACH ACCIDENT - $ ....... OFFICERWEMBER.E::XCLUIDED? NIA ...._..m..mm ...., ._................ ._...... ...... ...., ......... (Mandatory in NH),. E.L,DISEASE-EA EMPLOYEE S If yes descnbe under .......... ...___.... ........ ....,.,.,. . .... ... . DESGRIPTI'ON OF OPERAIr IONS below E.,L.DISEASE-POLICY LIMIT S B Professional 43926702 42/1212014 0211212016 Occur 1,000,40 Liability Aggregate 1,000,00 DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (Attach ACRD 541,Additional Remarks Schedule„if more space is required) 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 81181 Hillsborough,NC 27278 AUTHORIZED REPRESENTAT`[VE 1988-2414 ACORD CORPORATION. All rights reserved. ACORD 26(2014105) The ACORD name and logo are registered'marks of ACORD