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HomeMy WebLinkAboutS Planning - Consultant Services Topographic Evaluationr I tv i" 7 `~ •~ April 24, 2007 Mr. David Cannell Orange County Purchasing Department PO Box 8181 129 E. King Street Hillsboro, NC 27278-8181 Subject: Cost Proposal for Orange County RFP No. 5132 Proposal to Acquire Elevation Certificate Data for Flood-Prone Structures Orange County, North Carolina G8O Proposal No. 140488 Dear Mr. Cannell: Thank you for requesting that Greenhorne & O'Mara, Inc. (G&O) provide Orange County (Client) a cost proposal • for surveying services on your Elevation Certificate project in Orange County. The scope of services and our understanding of the quantity of services required to complete this contract and the cost of completing this work are outlined in Exhibit "A" of this proposal. Exhibit "B" attached to this proposal is our hourly rates schedule. Please note that a standard G&O contract (attached) must be signed and returned to this office before we can schedule and begin work on this project. Greenhorne & O'Mar~.,_Inc. is looking forward to working with you on this project. If we need to provide you with any addition~~nlormatioi~ or can be of any further service to you, please contact us. Yours truly, DireLtpf~of Surveys PLS lNC Cc: file (042407dc-cost proposal.doc) Joe Skinner, G&O Attachments • Greenhorne & O'Maza, inc. 5565 Centerview Drive Suite 107 Raleigh, NC 27606 Te_I: (919) 851-1919 Fax: (919) 851-8393 www. G-and-O.com • EXHIBIT "A" GREENHORNE 8~ O'MARA, INC. 5565 Centerview Drive, Suite 107 Raleigh, North Carolina 27606 919-851-1919 Fax: 919-851-8393 COST PROPOSAL DATE: April 24, 2007 SCOPE OF SERVICES: Elevation Certificate Data for Flood-Prone Structures SCOPE OF WORK Greenhorne & O'Mara, Inc. will provide the following services for the project: The Scope of Services is as outlined in that document °Orange County Request for Proposal to Acquire Elevation Certificate Data for Flood-Prone Structures", dated March 19, 2007,. which is included here by reference. Cost estimate: $310.00 per structure Estimated number of structures to be surveyed: 86 • TOTAL FEE, Lump Sum: $26,660.00 • • ASSUMPTIONS AND EXCEPTIONS Client will prepare and provide a Public Notice Letter stating the purpose, scope, schedule and Orange County contact information for the project. Copies of this letter will be made available to land owners by G&O field crews. Surveys of a greater number of structures than the estimated 86 will be billed as Additional Services on a per-unit basis as outlined in "Exhibit A". ADDITIONAL SERVICES Any services requested by Client and not included in the Scope of Services, above, may be provided by G&O as Additional Services. Additional Services will be provided only when authorized in writing by the designated representative of the Client. Fees for Additional Services may be negotiated between G&O and the Client if a firm scope of work has been determined. Fees for Additional Services may also be determined by the hours of the G&O Staff providing services times the hourly rates shown in "Exhibit B". PAYMENT FOR SERVICES Payment shall be made based upon monthly invoices submitted to Client requesting payment. Such requests will be based on a percent of the total work completed. SCHEDULE G&O will begin survey services within three business days of notice to proceed. Services will be completed no later. than September 30, 2007, as outlined in that document "Orange County • Request for Proposal to Acquire Elevation Certificate Data for Flood-Prone Structures", dated March 19, 2007. A signed and returned copy of the attached General Contract will be considered as official notice to proceed. • EXHIBIT "B" GREENHORNE 8~ O'MARA, INC. 5565 Centerview Drive, Suite 107 Raleigh, North Carolina 27606 919-851-1919 Fax: 919-851-8393 • EXHIBIT "B"Services provided to Orange County for the project.• Elevation Certificate Data for Flood-Prone Structures Fees for Additional Services and any services performed at hourly rates will be determined according to these hourly rates. The total fee charged will be the number of hours worked times the hourly rate shown below. POSITION CLASSIFICATION RATE Principals $135.00-170.00/hr. Project Managers $100.00-145.00/hr. Senior Engineers, Planners $ 85.00-110.00/hr. Engineers, Planners $ 70.00-110.00/hr. Designers, Drafters, Technicians $ 70.00-95.00/hr. Cadd Supervisor $ 75.00/hr. Cadd Operator $ 60.00/hr. Senior Professional Land Surveyor $ 115.00/hr Surveyors $ 80.00/hr. 1 Person Survey Crew $ 85.00/hr 2 Person Survey Crew $ 115.00/hr. 3 Person Survey Crew $ 135.00/hr. CADD /Research Time (CADD) $ 60.00/hr. Secretary/Typist $ 60.00/hr Mileage $ 0.45/ mi. Direct Expenses Cost plus 15% • GREENHORNS & O'MARA, INC. THIS AGREEMENT, made this 24th day of April, 2007, by and between Orange County (hereinafter called Client) and • Greenhorne 8r O'Mara, tnc. (hereinafter called G80), for the Project known as Elevation Certificate Data for Flood-Prone Structures. G8~0 Assigned Contract # 140488 for the following services: Acquire elevation certificate data for an estimated $6 structures in Orange Gounty THE FEE payable by Client to G80 for these services shall be: $26,660.00 TERMS AND CONDITIONS Whereas: G&O is a Maryland corporation with its principal office at 6110 Frost Place, Laurel, MD 20707. Whereas: Client expressly understands that the services G&O performs are personal in nature and are only intended to benefit Client, Client's subsidiaries, and wholly owned companies. Therefore: G&O and Client enter into this Agreement. By execution of this Agreement, G8,0 agrees to provide the professional services described herein, and Client agrees to accept such services, all in accordance with the following terms and conditions. The following terms shall have the meanings set forth below whenever they are used in this Agreement: a. "Scope of Work" (SOW), incorporated by reference to these terms and conditions shall mean the technical description of the work to be pertormed. The price of the services to be provided is identified in an appropriate price schedule. For many projects, such as those in the early stages of project development, planning, or investigation, all activities are often not fully definable prior to the execution of this Agreement. Initial and additional detailed investigation may uncover addilional facts and information requiring an alteration in the scope of this Agreement. G8~0 will inform client of any material changes pursuant to the work which may alter the scope of this Agreement. b. "Documentation" shall mean deliverable documentation in accordance with the SOW for services described therein. Unless specifically stated otherwise in the SOW all Documentation shall be prepared in accordance with normal and customary criteria common for the services provided. c. "Equipment" shall mean all indoor and outdoor equipment used by G&O at Client sites for the purpose of providing services as described in the SOW. 2. G80 shall secure and maintain the licenses, professional registrations, permRs and other authorizations necessary for G80 to perform the services identified herein. It is expressly understood that Client is responsible for any and all other permits, licenses, authorizations, and bonds, including related fees and any administrative fees or any taxes required by any federal, state, or local government law. It is also understood that land survey services do not and will not include title and/or other record searches. 3. invoices shall be G&O standard and will be submitted on a monthly basis, terms net fifteen (15) days. Such invoice shall be deemed correct, due, payable and not subject to dispute unless Client raises an objection within fourteen (14) days of its receipt. In addition, any and all restrictive notices placed on any payment shall be null and void and of no effect. Past due balances shall be subject to interest at the rate of 1.5 percent per month or the maximum permissible under state law, whichever is less. In addition to other rights in law and/or equity, G80 may, after giving five (5) days written notice, suspend services under this or any other agreement until any breach of this Agreement has been cured. G80 further reserves the right to unilaterallyterminatethis or any other agreement with Client, without notice, should any invoice balance remain due for more than thirty (30) days. The proposed fees constitute G&O's best estimate of the charges required to complete the project as defined and are valid for a period of thirty (30) days from the date of G80's execution. General consulting and other services beyond the scope of services identified herein including but not limited to preparation for and attendance at meetings will be billed at G80's normal and customary rates for the services provided. If upon submission of this Agreement to Client, Client fails to return a signed copy to G&O and knowingly allows G&O to proceed with the work, such services shall be deemed performed pursuant to the Agreement and these Terms and Conditions shall be binding the same as if the Agreement were fully executed. Except as provided below, the SOW will not be altered without mutual written agreement. Costs and schedule commitments shalt be subject to renegotiation for delays caused by Client's failure to provide free access to survey areas, specified facilities, or information, or for delays caused by unpredictable occurrences, or force majeure, such as fires, floods, strikes, riots, unavailability of labor or materials or services, process shutdown, acts of god or of the public enemy, or acts or regulations of any governmental agency. if the services covered by this contract are subject to local or state taxes or fees (except state income taxes), such additional costs will be charged to the project and are subject to reimbursement to G&O. The fees, rates, and other costs in this Agreement are subject to escalation after a period of one year from the date first entered above, and annually thereafter. In addition, if for any reason other than a force mateure event or solely due to G&O's failure to proceed, should G&O's services be delayed for more than nine (g) months G8,0 in its sole discretion may terminate this agreement. All documents and data furnished by Client or obtained from others, with or without client intervention, including drawings, plans, speciftcations, maps, photographs, CADD diskettes and other instruments shall remain the property of Client or where applicable remain the property of the owner. Notwithstanding anything to the contrary in this Agreement, G80 reserves the right to reasonably rely on the accuracy and validity of such documentation and data.-Cheat J:\1CONTRCT11-CostPoint\14 -Raleigh\140488d.doc Page 1 of 2 July 23, 2007 6. This Agreement shall be deemed-made in, and in all respects interpreted, construed, and governed by, the laws of the State of A4a+ylafld-North Carolina having jurisdiction of such disputes; and all disputes arising hereunder are to be resolved in the state and federal courts having jurisdiction of such disputes sitting in the State of AAa~rland-North Carolina or hearing appeals therefrom. Both parties hereby consent to the jurisdiction of such courts over them for the purposes of this Agreement, and agree to accept service of process by registered mail. 7. Gii<O will prepare all work and provide services in accordance with generally accepted professional practices. G80 does not make any other warranty or guarantee, expressed or implied, and all implied warcanties are expressly excluded. G80 rejects those terms and conditions offered by Client in its purchase order, requisition, or notice of authorization to proceed which are not set forth herein or expressly accepted by G&O in writing. 8. G80 shall indemnify Client against its loss, damage, and liability resulting from the illness, injury, or death of persons including, but not limited to, employees of Client or G&O or injury to property including, but not limited to, damage of property of Client or G&O arising out of the performance of this contract, provided that such loss, damage, or liability is caused by the actual negligence of G&O or of its officers, agents, servants, or employees. In the event of any loss, damage, or liability of any kind, whether to person or property, arising out of the concurrent negligence of G&O and Client, or Client's officers, agents, servants, employees, or otherwise, G&O will indemnify Client for that proportionate loss, damage or liability directly attributable to G&O's own active negligence and Client will indemnify G&O for that proportionate loss, damage or liability directly attributable to Client's own active negligence. However, in the event of any loss, damage or liability, whether to person or to property, arising out of the sole negligence of efther G80 or Client, such party will assume full responsibility for any liability arising thereof and hold harmless the other party. G&O and Client further agree that if either G&O or Client engages in willful misconduct, such party shall assume full responsibility for any liability arising thereof irrespective of the nature and degree of the other party's negligence, and wilt indemnify and hold harmless the other party. Client agrees that to the fullest extent permitted bylaw G80's total liability to Client underthis indemnification shall not exceed three (3) times the total amount actually paid by Client for the services of G&O under this Agreement or the amount actually paid to G80 for damages, by any liability insurance carrier insuring G&O with respect to an occurcence giving rise to such damages, losses, and liabilities, whichever is less. In addition, neither Client nor G80 shall be liable for any incidental, consequential, indirect or special damages, including, but not limited to, damages for loss of use, loss of profds, loss of products, loss of interest on borrowed funds, or other losses or damages associated with business interruption, regardless of the cause thereof. 9. If any term or provision of this Agreement is held or deemed to be invalid or unenforceable, in whole or in part, by a court of competent jurisdiction, this Agreement shall be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions of this Agreement. In the event that any portion of this Agreement is deemed to be invalid or unenforceable in part, Client agrees that those portions shall be rewritten to eliminate such part(s) and to retain as much of the original intent of the original language as may be enforceable. 10. With respect to operations performed under or incident to this Agreement, G&O has obtained and will continue to maintain insurance as described below 1. General liability insurance covering Client's premises/operations, completed operations and products liability, and contractual liability, all with a minimum combined single limit of $1,000,000 each occurcence and a general aggregate of $2,000,000 for bodily injury and property damage, incuding personal injury, and,. 2. Comprehensive automobile liability insurance covering all owned, hired, and otherwise operated non-owned vehicles with a minimum combined single limit of $1,000,000 for bodily injury and property damage, and, 3. Workers' compensation as follows: a. Workers' compensation insurance as required by law, covering all states of operation, and b. Employers' liability insurance with a minimum limit of $1,000,000. 4. Architect's and Engineer's Professional liability insurance with an aggregate of $1,000,000. Client shall have the right to require G8~0 to furnish Client with certificates of insurance which provide that the coverage will not be canceled or materially changed except upon thirty (30) days advance written notice to Client. 11. This Agreement contains the entire agreement of the parties. It may not be modified orterminated orally, and no claimed modification, termination, orwaiver shall be binding on G8~0 unless in writing and signed by the contracting officer. Any modification to these terms and conditions without approval of the contracting officer shall be null and void. Any provision of either party's invoices, statements, orders, acknowledgments, or other forms which are inconsistent with or in addition to the provisions of this Agreement shall be of no force or effect unless specifically assented to in writing by the party to be charged. 12. G&O reserves the right to assign this Agreement to its affiliates, subsidiaries, or successors as necessary in order to effectively carry out and complete the services specified by this Agreement. Clie^~. r,r~.,~~ ~.,.,~~., By: Nan TitIE Datl THIS INSTRUMENT GRE NE & O'MARA, INC. By; -- Name: Joseph T. Skinner Title: VP, GC Regional Director Date: 7 ~ 2~ G ~----______ GOVERNMENT BUDGET AND FISCAL CONTROL ACT J:\1CONTRCT\1-CostPoint\14 -Raleigh\140488d.doc FINANCE OFFICER Page 2 of 2 July 23, 2007 Attachments: Exhibit A - Scope of Services Exhibit B -Hourly Rates Schedule_ - Proposal No. 140488 dated April 24, 2007