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HomeMy WebLinkAbout2017-599-E AMS - Heritage Restoration - Norwood Jones Laws Office masonary repointing, restoration DocuSign Envelope ID:8781 E5D4-347A-4B91-BD06-5EE2250879BF [Departmental Use Only] TITLE Brick Restore FY 2017/18 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 16th day of October, 2017, ("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 Heritage Restoration (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: Provide labor and materials for the masonary restoration of the Norwood Jones Law Office building per email proposal dated October 2, 2017 and Norwood Jones Office repointing scope dated 8/8/17. The term of this agreement rendered shall be from October 16, 2017 to January 31, 2018. 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 Five Thousand Nine Hunded Dollars, ($5,900.00). 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 2/17 1 DocuSign Envelope ID:8781 E5D4-347A-4B91-BD06-5EE2250879BF 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/dopartmonts/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 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, 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 consent of the Parties to utilize electronic signatures and 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 Non-Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php.). 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 affirms 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 performance of County's Revised 2/17 2 DocuSign Envelope ID:8781 E5D4-347A-4B91-BD06-5EE2250879BF 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 2/17 3 DocuSign Envelope ID:8781 E5D4-347A-4B91-BD06-5EE2250879BF IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER saed ev: sed ev. 1°J6bw iL Naw nt vS 10/26/2017 10/13/2017 By'� ,ee»�t4, � By: ""6wi�'6r°° County Manager Title: 200 S. Cameron St. Heritage Restoration P.O. Box 8181 PO Box 814 Hillsborough,NC 27278 Hillsborough,NC 27278 Revised 2/17 4 DocuSign Envelope ID:8781 E5D4-347A-4B91-BD06-5EE2250879BF Peter Sandbeck From: Wayne Thompson <waynerestoration @gmail.com> Sent: Monday, October 02, 2017 9:04 PM To: Peter Sandbeck Subject: Norwood The masonry restoration to The Norwood Law office : Mortar Analysis to match color,texture and compression strength . Inspect every mortar joint and remove deteriorated mortar and remove any portland mortar. Wash building using a High detergent soap and mild degreaser with a low pressure Presser washer. Repoint mortar joints using an Historically correct mortar, per mortar analysis . Finish to match adjacent. Demo chimney and rebuild to match original . $5,900.00 Thanks Wayne, if you have any questions or comments call or email @ 9197248930 waynerestoration@gmail.com 1 DocuSign Envelope ID:8781 E5D4-347A-4B91-BD06-5EE2250879BF 1 Norwood-Jones Law Office Brickwork Restoration Project Court Street, Hillsborough NC Project Summary: The Brickwork Restoration Contractor shall provide the labor and materials necessary to carry out the repointing and repair of the historic brickwork of the Norwood-Jones Law Office on Court Street in Hillsborough. The work in this contract will consist primarily of the careful removal of deteriorated mortar and the repointing of the cleaned and prepared mortar joints with a historically appropriate lime-putty mortar. The goal of this project is to properly preserve as much of the existing original brickwork as possible, through a program of thorough repointing and repair. Repointing and replacement of bricks should be done only where mortar joints or bricks have deteriorated beyond their ability to protect the structure. Some areas of the brickwork will require fairly extensive repointing and some minor brick replacement to restore their integrity to a relatively weather-tight state. Scope of Work: The Brickwork Restoration Contractor shall perform the following work to restore the exterior brickwork of the Norwood-Jones Law Office. • Obtain samples of original mortar and submit to qualified mortar analysis lab to determine appropriate color match • Provide Heritage Lime Putty Mortar, Type L, as made by US Heritage Group, to match the color of the original mortar. • Prepare samples of mortar and joint cleaning for review and prior approval as directed in the specifications,to include color and joint finishing.No work can be commenced until all samples have been reviewed and approved by the Owner's representative. • Cleaning of existing brickwork using gentlest possible methods. • Identify and clean out all weathered and deteriorated mortar joints in brickwork and in those areas of historic stonework requiring repair. • Cut out and replace soft or deteriorated bricks which have lost surface integrity as indicated on the photos • Repoint exterior mortar joints to match original mortar in color and joint character. • Rebuild the deteriorated chimney stack. Brickwork Restoration Guidelines: All repointing and brickwork restoration must follow the manufacturers' specifications, procedures, and guidelines as contained in the attached"Masonry Restoration:Lime Putty & Hydraulic Mortar Repointing Guide" and the "Heritage Lime Putty Mortar Type L Product Data Sheet"by US Heritage Group: http://usheritage.com/ Samples: The contractor shall prepare sample panels for the major components of the repointing work for review and approval by the owner as follows: 1) cleaning after repointing is completed. 2)raking and cleaning the joints; 3)new mortar joints to show color and joint texture DocuSign Envelope ID:8781 E5D4-347A-4B91-BD06-5EE2250879BF 2 Norwood-Jones Law Office Brickwork Restoration Project Court Street, Hillsborough NC Mortar: The Contractor will provide and use only Heritage Lime Putty Mortar, Type L as manufactured by US Heritage Group, Chicago, IL. Color to be derived from mortar analysis. Scaffolding: The Contractor shall provide scaffolding where required. The Contractor shall coordinate the placement of scaffolding along the south elevation,in the right-of-way of Margaret Lane,working with the Town of Hillsborough and the Owner to ensure safe conditions for pedestrians,motorists and workers at all times. Cleaning: the Contractor may clean the brickwork prior to carrying out the repointing work,using the gentlest possible methods. The proposed cleaning method must be tested in an area selected by the Owner and Contractor, then reviewed and approved prior to cleaning entire building. Curing,wetting and drying: All aspects of the repointing must be planned to avoid the rapid drying out of the newly repointed mortar joints to allow for proper carbonization and curing, as outlined in the attached repointing guide. The bricks must be pre-wetted prior to repointing but no standing water should be present. Do not expose the repointed areas to the direct sun during hot weather;hang sun-shielding tarps or otherwise protect the new mortar joints from the drying effects of the sun for at least 72 hours after repointing. The Contractor shall mist the completed areas to wet then allow to dry, then mist again, for a full treatment of 9 wet/dry cycles over 3 days, as specified in the in the "Masonry Restoration:Lime Putty&Hydraulic Mortar Repointing Guide" Identifying Weathered or Deteriorated Mortar Joints: The Contractor shall inspect all mortar joints to identify those that have weathered back from the face of the brick to a distance of 1/2" depth or greater. Any weathered joints should be inspected and probed for soundness. Any joints that are soft or exhibit powdery mortar conditions should be raked out or cleaned out to a depth of 3/4"to 1" as described in "Masonry Restoration:Lime Putty &Hydraulic Mortar Repointing Guide"and "Heritage Lime Putty Mortar Type L Product Data Sheet"by US Heritage Group. Modern Mortars: A few areas of the brickwork were repointed with modern repointing mortar and show some joint failure. These areas should be examined for soundness. Check each area and remove only the mortar that comes out readily, and without damage to the historic brickwork. Brick Replacement: Any soft, extremely deteriorated bricks shall be identified. These shall be carefully cut out of the walls and replaced with hard-fired bricks of the same size and color. Replacement bricks for this use shall be reviewed and approved by the Owner. Great care should be taken to match both size and color as closely as possible. Removal of these bricks shall be undertaken with great care to avoid causing damage to the surrounding sound bricks. For ease of removal,use large diameter masonry bits to bore holes in the soft brick to be removed, then use hand chisels to remove broken up pieces. Chimney Repairs: The chimney brickwork is presently deteriorated and unstable. Remove bricks down to where the mortar is still intact and rebuild using all of the original bricks, taking care to replicate the existing bonding patterns and joint widths. New Chimney Cap: Install a new "invisible"chimney cap of copper or stainless steel to protect chimney from future deterioration. Bring edges of cap right to edges of brickwork.Use clear high quality silicone sealant to seal all edges of the cap. DocuSign Envelope ID: 8781 E5D4-347A-4B91-BD06-5EE2250879BF AC©R©® CERTIFICATE OF LIABILITY INSURANCE DATE(Mr.1,GD,YYYY) 08/10/2017 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 have ADDITIONAL INSURED provisions or 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 CONTACT [NAME: Anna Herron The Insurance Pros. Inc. PHONE iE No Etl) (919)294-6613 FAX c,Nn)( 866)294-9470 1210 Cole Mill Road AE-MAIL info@insuranceprosonline.com Suite 101 INSURER(S)AF FORDING COVERAGE NAIC Durham NC 27705 INSURER A: Erie Ins Exch 26271 INSURED INSURER B Wayne Thompson DBA Heritage Restoration INSURER C PO Box 814 INSURER D: Erie Ins Exch 26271 INSURER E Hillsborough NC 27278 IJSURERF: 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS INSD WVD POLICY NUMBER (MMSDD,'YYYY) (k1M,DD,YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1000000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMI SES(Ea occurrence) $ 1000000 MED EXP(Any one person) $ 5000 A N N Q25-2721076 01/27/2017 01/27/2018 PERSONAL&ADV INJURY $ 1000000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2000000 X POLICY PROT LOC PRODUCTS-COMPIOPAGG $ 2000000 JEC OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X STATUTE OTH AND EMPLOYERS'LIABILITY Y;N D OFFICER/MEMBER EMBER+EXGLUDED�XECUTIVE N LA N Q86-1700646 02/17/2017 02/17/2018 EL EACH ACCIDENT $ 100000 (Mandatory in NH) EL DISEASE-EA EMPLOYEE $ 100000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500000 DESCRIPTION OF OPERATIONS?LOCATIONS?VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION 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. 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