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HomeMy WebLinkAbout2016-392-E AMS - 5th Wall Building Diagnostics Consultants - central recreation roof replacement DocuSign Envelope ID: 3D856AC8-14D5-4DCB-A90E-EAOCDAF33667 [Departmental Use Only] TITLE Central Rec Roof Replace FY 2016/2017 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT,made and entered into this 25th day of July, 2016, ("Effective Date")by and between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the "County"), party of the first part; and 5ch 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: Select services for the Central Recreation Facility Roof Replacement, per proposal no. 16-06-22 dated June 27, 2016 The terra of this agreement rendered shall be from July 29,2016 to June 30, 2017. 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 Nine Thousand One Hundred Dollars, ($9,100.00). 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 County's Risk Manager as such insurance requirements are described in the Orange County Revised 6/16 1 DocuSign Envelope ID: 3D856AC8-14D5-4DCB-A90E-EAOCDAF33667 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php). If County'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 County's Risk Manager. 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorneys 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, its agents, or assigns directly or indirectly related to the Services to be performed pursuant to this Agreement 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. County may suspend this Agreement upon reasonable 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 or attached to this Agreement, the terms of this Agreement 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. 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 state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Anti-Discrimination Policy. Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Provider affnms that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-86.58. 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 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 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 perfoimance 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. Revised 6/16 2 DocuSign Envelope ID: 3D856AC8-14D5-4DCB-A90E-EAOCDAF33667 [SIGNATURE PAGE TO FOLLOW] Revised 6/16 3 { DocuSign Envelope ID: 3D856AC8-14D5-4DCB-A90E-EAOCDAF33667 IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER �Docu Signed by: EY-ffir(-&/Docu Signed by: By: bblA.�n.it, l�aw,t rSLt BY sra�i, I'I't y'�--(163/y+34h3/ySF4// • r1 C�AUJ4(5 County Manager Title: 200 S. Cameron St. 5th Wall Building Diagnostics Consultants P.O. Box 8181 9601 Baileywick Road Hillsborough,NC 27278 Raleigh,NC 27615 Revised 6/16 4 DocuSign Envelope ID: 3D856AC8-14D5-4DCB-A90E-EAOCDAF33667 13tilLPINq PI 'NosTics CoJ6ULTAN-13 June 27,2016 Jeff Thompson Orange County Asset Management Services 131 West Margaret Lane PO Box 8181 Hillsborough,NC 27278 RE: Roof replacement design and consulting services Central Recreation Facility—9,800 square feet approximately Hillsborough,NC 5thWall Proposal No. 16-06-22 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 facility. Also included is administration of the project during construction. The roof of the aforementioned facility is scheduled for replacement in fiscal year 2016-17. Current budget for replacement per the 2012 Roof Asset Management Program Update is$194,700. The budget assumes upgrading to current building code. 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: ® 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 Drainage requirements Roof system type Warranty Sheet metal flashings Perimeter and penetration terminations 9601 Baileywick Rd•Raleigh, NC 27615 www.5thwallbdc.com 919/616-4715 DocuSign Envelope ID: 3D856AC8-14D5-4DCB-A90E-EAOCDAF33667 Jeff Thompson Roof replacement design and consulting services Central Recreation Facility Hillsborough,NC SthWall Proposal No. 16-06-22 June 27,2016 Page 2 • 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. Assist in preparation of 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. Based on our understanding of the current scope of work, we anticipate the duration of construction to be approximately 45 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 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 9601 Baileywick Rd • Raleigh, NC 27615 www.5thwallbdc.com 919/616-4715 DocuSign Envelope ID: 3D856AC8-14D5-4DCB-A90E-EAOCDAF33667 Jeff Thompson Roof replacement design and consulting services Central Recreation Facility Hillsborough,NC 5thWall Proposal No. 16-06-22 June 27,2016 Page 3 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. One set of close- out documents will be delivered. 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 facilities 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 $ 4,000 Item B—Bidding $ 800 Item C—Contract Administration $ 600 Item D—Construction Quality Assurance $ 3,200 Item E—Close-out $ 500 Total $ 9,100 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. Timing 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. 9601 Baileywick Rd • Raleigh, NC 27615 www.5thwallbdc.com 919/616-4715 DocuSign Envelope ID: 3D856AC8-14D5-4DCB-A90E-EAOCDAF33667 Jeff Thompson Roof replacement design and consulting services Central Recreation Facility Hillsborough,NC 5thWall Proposal No. 16-06-22 June 27,2016 Page 4 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 Li(<17/11,a/ Jeffrey L. Spady,RRC } 9601 Baileywick Rd • Raleigh, NC 27615 www.5thwallbdc.com 919/616-4715 DocuSign Envelope ID: 3D856AC8-14D5-4DCB-A90E-EAOCDAF33667 5THWA-1 OP ID:AJ CERTIFICATE LIABILITY I DATE(MM/DD/YYYY) 06/29/2016 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 NAME:ACT Anna Jane Coltrain Hartsfield&Nash Agency,Inc. PHONE 919 FAX -556-3698 Post Office Box 1109 (A/C,No,Ext): (A/C,No): Wake Forest,NC 27588 n DRRss:anna @hartsfield-nash.com Lorie Borrelli,CIC,AAI INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Hartford Casualty Ins Co. 29424 INSURED 5th Wall Building Diagnostics INSURER B:Lexington Insurance Co. 19437 Consultants,LLC 9601 Bailywick Rd INSURER C: 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. INSR I SUBR POLICY EFF POLICY EXP TYPE OF INSURANCE INSR VD POLICY NUMBER W LIMITS (MM/DDIYYYY) (MM/DDIYYYY) GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY 22SBAVF0089 12/01/2015 12/01/2016 DAMAGE TO RENTED 300,000 PREMISES(Ea occurrence) $ CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 4,000,000 7 POLICY PR LOC • $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 2,000,000 (Ea accident) A ANY AUTO 22SBAVF0089 12/01/2015 12/01/2016 BODILYINJURY(Perperson) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X AMT OWNED PROPERTY ER DAMAGE $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LIAB CLAIMS-MADE 22SBAVF0089 12/01/2015 12/01/2016 AGGREGATE $ DED X RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Professional 064988620 02/12/2016 02/12/2017 Occur 1,000,000 Liability Aggregate 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) 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 g ty ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 Hillsborough,NC 27278 AUTHORIZED REPRESENTATIVE G tfuJ G' l I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD