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HomeMy WebLinkAbout2018-068-E AMS - Heritage Restoration Norwood JonesDocuSign Envelope ID: 6D579320- 4489 -45FE- 8100- 9D5FB44BF780 NORTH CAROLINA ORANGE COUNTY CONSTRUCTION SERVICES AGREEMENT UNDER $50,000 THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement "), is made and entered into this 28th day of February, 2018 by and between Orange County, North Carolina (hereinafter the "Owner ") party of the first part; and Heritage Restoration (hereinafter the "Contractor "), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the Owner hereby contracts for the construction services of the Contractor, and the Contractor agrees to provide the construction services to the Owner in accordance with the terms of this Agreement. 1. TERM AND MAXIMUM AMOUNT PAYABLE Beginning and ending dates of contract: February 28, 2018 through December 31, 2018. The Project Commencement Date shall be February 28, 2018. Dollar Amount Not to Exceed: Five Thousand Nine Hundred Dollars ($5,900.00) 2. SERVICES Contractor agrees to provide the following construction services (the "Work "): 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. Contractor shall not sub - contract all or any part of the construction services provided for in this Agreement without prior written approval of the Owner. Contractor shall be responsible for all errors or omissions, in the performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to Owner. 3. PAYMENT Contractor shall submit an invoice for construction services provided. The invoice shall contain Contractor's name and federal tax identification number and shall be signed and dated by an officer of Contractor. It shall detail all construction services provided in payment requests. The Owner will make payments to Contractor within thirty (30) days after receipt of and approval of the invoice by the contracting department. In the event the amount stated on an invoice is disputed by Owner, then Owner may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. In addition, should Contractor fail to perform its duties under the terms of this Agreement, Owner may, without fault or penalty, withhold any payment associated with the Work to be performed until such time as said work is completed. 4. RELATIONSHIP OF PARTIES Contractor is an independent contractor of the Owner. Contractor represents that it has or will secure, at its own expense, all personnel required in performing the construction services under this Agreement. Such personnel shall not be employees of or have any contractual relationship Revised 10/17 1 DocuSign Envelope ID: 6D579320- 4489 -45FE- 8100- 9D5FB44BF780 with the Owner. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized or permitted under state and local law to perform such construction services. It is further agreed that Contractor will obey all State and Federal statutes, rules and regulations which are applicable to provisions of the construction services called for herein. Neither Contractor nor any employee of the Contractor shall be deemed an officer, employee or agent of the Owner. 5. SUSPENSION AND TERMINATION This Agreement may be terminated by Contractor upon thirty (30) days' written notice to the Owner, and the Owner may terminate this Agreement upon thirty (30) days' written notice to Contractor. Owner may suspend the Work at any time for Owner's convenience and without penalty to Owner upon three (3) days' notice to Contractor. Upon any suspension by Owner Contractor shall discontinue the Work and shall not resume the Work until notified to proceed by Owner. The notice required by this section or any other notice shall be delivered via certified mail, return receipt requested to the parties at the addresses as shown on the signature page to this Agreement. Such notice is deemed given upon its delivery to, or deposit in a receptacle of, the United States Post Office. 6. INSURANCE REQUIREMENTS Contractor 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 requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http: / /www.oran _ ecountync. og v/ departments / purchasing_ division/contracts.ph). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here N/A (if no additional insurance required mark N/A as being not applicable). Contractor shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 7. INDEMNIFICATION Contractor agrees, without limitation, to defend, indemnify, save, and protect Owner and Owner's lender, if any, harmless from and against any and all claims, liens, liabilities, losses, damages, causes of action, and expenses (including court costs and reasonable attorney's fees related thereto) arising out of, in connection with, or resulting from any negligence, act or failure to act by the Contractor, the Contractor's agents, assigns or employees resulting in property damage or personal injury, including death, or other loss related to the Work. Contractor is responsible for all errors or omissions caused by its agents, contractors, employees, or assigns in the performance of this Agreement. It is the intent of this section to require Contractor to indemnify the Owner to the full extent permitted under North Carolina law. 8. NON - ASSIGNMENT Contractor shall not assign all or any part of this Agreement, including rights to payments, to any other party without the prior written consent of the Owner. 9. NON — APPROPRIATION Revised 10/17 2 DocuSign Envelope ID: 6D579320- 4489 -45FE- 8100- 9D5FB44BF780 Contractor acknowledges that Owner 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 Owner's obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice to Contractor of the unavailability and non - appropriation of public funds. It is expressly agreed that Owner shall not activate this non- appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the Owner's statutory authority, mandate and/or mandated functions, by state and /or federal legislative or regulatory action, which adversely affects Owner's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to Owner upon written notice to Contractor of such limitation or change in Owner's legal authority. 10. DISPUTE RESOLUTION Any dispute with respect to any provision of, or the performance or non - performance of, this Agreement shall be subject to the Dispute Resolution Rules and Procedures for Orange County Design, Building Construction, Renovation, and Repair Projects. The policy is incorporated herein by reference and may be viewed at http: / /www.oran eg copntync. ov�/departments /purchasing division/contracts.php). 11. ENTIRE AGREEMENT The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it, together with specifically referenced documents, constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified by a written amendment to this Agreement signed by the parties. Modifications may be evidenced by telefacsimile signatures. Should any conflict arise in the terms of any documents referenced herein and this Agreement the terms of this Agreement shall be given priority and shall control over all other such documents. Should a request for proposals and a proposal be referenced the terms of the request for proposals shall have priority over the terms of the proposal. 12. COMPLIANCE WITH LAW /GOVERNING LAW Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and any action brought under this Agreement shall be brought in the General Court of Justice of the State of North Carolina in Orange County. Contractor 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 non - 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.oran ecounbMc. ov�/departments /purchasing division/contracts.php). Any violation of the Orange County Non - Discrimination Policy 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 Contractor affirms that Contractor and any subcontractors of Contractor are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Contractor certifies that Contractor has not been Revised 10/17 3 DocuSign Envelope ID: 6D579320- 4489 -45FE- 8100- 9D5FB44BF780 identified, and has not utilized the services of any agent or subcontractor identified, on the lists created by the State Treasurer pursuant to G.S. 147 -86.58 and G.S. 147 - 86.81. 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 intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. [SIGNATURE PAGE TO FOLLOW] Revised 10/17 4 DocuSign Envelope ID: 6D579320- 4489 -45FE- 8100- 9D5FB44BF780 IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORANGE COUNTY CONTRACTOR Bc, �f�attinii. �{eukwtvS 3/6/2018 YE �R--r . County Manager Wayne Thompson, Owner 200 S. Cameron St. Heritage Restoration P.O. Box 8181 PO Box 814 Hillsborough, NC 27278 Hillsborough, NC 27278 Revised 10/17 5 3/6/2018 DocuSign Envelope ID: 6D579320- 4489 -45FE- 8100- 9D5FB44BF780 Peter Sandbeek From: Wayne Thompson Ewaynerestoration @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 emery 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, it you have any questions or comments call or email @ 9197248930 waynerestoration@gmaii.com DocuSign Envelope ID: 6D579320- 4489 -45FE- 8100- 9D5FB44BF780 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: / /usherita eg 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: 6D579320- 4489 -45FE- 8100- 9D5FB44BF780 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: 6D579320- 4489 -45FE- 8100- 9D5FB44BF780 ACC> OF CERTIFICATE OF LIABILITY INSURANCE 166.� DATE IMhiLt7YYYY) 0211412018 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 NAME Anna Anna Herron PHONE z (919)294-6613 F� Na {866 }294 -9470 The Insurance Pros. Inc. 1210 Cole Mill Road Anr'DrSS info @insuranceprosonline.com INSLIRER(S) AFFORDING COVERAGE NAIC = Suite 101 INSURERA Erie Ins Exch 26271 Durham NC 27705 INSURED INSURER B INSURER C $ 5000 Wayne Thompson Or Heritage Restoration INSURER 0: Erie Ins Exch 26271 PO Box 814 INSURER E. GENERAL AGGREGATE $ 2000000 INSURER F $ 2000000 Hlllshorou h NC 27278 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 LTR TYPE OF INSURANCE ADDLSUbR POLICY NUMBER POLICY ' EFF fMM DDYYYY POLICY EXP M10!DD?YYYY LIMITS A X COMMERCIAL GENERAL LLABILITY CLAIMS -MADE FRI OCCUR N N Q25- 2721076 01127/2018 01127/2019 EACH OCCURRENCE $ 2000000 DAMAGE TO RENTFIT_ PREMISES Eaoccurrence - $ 2040000 M E D EXP (Any one person) $ 5000 PERSONAL& ADV INJURY $ 2000000 GENT AGGREGATE LIMIT APPLIES PER X POLICY JECT F—] LOC OTHER GENERAL AGGREGATE $ 2000000 PRODUCTS - COMP'IOP AGG $ 2000000 $ AUTOMOBILE LIABILITY ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON - OWNED AUTOS ONLY AUTOS ONLY COMBINED SINGLE LIMIT Ea acceeni $ 800ILYINJURY (Pe rperson) $ BO DILYINJURY (Pe raccdent) $ PROPERTYDAMAGE Peraceideni $ UMBRELLA LIAR EXCESS LIAR OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ OED I I RETENTION S $ D WORKERS COMPENSATION AND'EMPLGYERS' LIABILITY ANY GFFICCER��MBER EXCLUOED?ECLmvE YN (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N +A N Q8&1700646 0211712018 02117/2019 PER OTH- STATUTE ER E. L. EACH ACCIDENT $ 100000 E.L. DISEASE - EAEMPL'OYEE $ 100000 - $ 500000 E.L. DISEASE - POLICY LIMIT ,-- SCRIPTION OF OPERATIONS; LOCATIONS; VEHICLES (ACORD 101., Additional Remarks Schedule, may oea[ached 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. PO BOX 8181 AUTHORIZED REPRESENTATIVE NC 27278 Fax- Finali' cc) iQsR_9n1Fi A(.C)RF) C,C)RPC)RATIC% All rinhtc rpcprvpri ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD