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HomeMy WebLinkAbout2011-077 AMS - MACTEC Engineering - Whitted Bldg $9,500.~ ~~ [Departmental Use Only] TITLE ORANGE COUNTY NORTH CAROLINA CONTRACT UNDER $10,000.00 THIS AGREEMENT, made and entered into this /g ~ day of.~I`~-'~~ , 20 t 1 , ("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 MACTEC Engineering and Consulting, Inc. (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 Agreementztime being of the essence: The services and/or materials (hereinafter referred to collectively as • "Services") to be furnished under this Agreement are as follows: The term of this agreement rendered shall be from to Provider represents and agrees that Provider is qualified to perform and fully capable of perfomung and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner ordinarily exercised under similar conditions by reputable members of Providers profession practicing in the same or similar locality at the time ("Standard of Care' 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 , ($9,500). 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 Provider, 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 fox 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: The Provider shall obtain, at its sole expense, the following insurance needed to adequately insure itself during the performance of these services as required by the County's Risk Management Policy: (a) Workers' Compensation Insurance -statutory amount, (b) Commercial General Revised July 2010 Liability Insurance - $1,000,000 per occurrence/$2,000,000 aggregate, (c) Automobile Liability Insurance - $1,000,000 combined single limit, and (d) Professional Errors & Omissions - $1,000,000 per claim/$1,000,000 aggregate. 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) to the extent 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 wrongful act or omission on the part of the Provider. 6. Termination: This Agreement maybe terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. 7. Entire Agreement: 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. Modifications may be evidenced by telefacsimile signature. 8. Governing I,aw: 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 the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina.. 9. 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. 10. Site Responsibility: County will provide Provider with access to the site and all available site information deemed necessary by Provider. The Services do not include supervision or direction of the means, methods or actual work of other consultants, contractors and subcontractors not retained by Provider. County agrees that each such other party will be solely responsible for its working conditions and safety on the site. Provider's monitoring of the procedures of any such other party is not intended to include a review of the adequacy of its safety measures. It is agreed that Provider is not responsible for safety or security at the site, other than for Provider's employees, and that Provider does not have the right or duty to stop the work of others. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE OUN'I'Y PROVIDER~~ y County Manager Title: Sr P~. Joc-E MaN4~ /Pc~r>~lna~ ~^~la2Pr 200 S. Cameron St P.O. Box 8181 Hillsborough, NC 27278 instnunent has been approved as to technical content 'Pamela nes, Department Director Revised July 2010 2 'I~is ;nctnm,Pnt has been pse-aud~d iu the iaaanet regtuted by the Local Gavemment Bu3g+et aad Fiscal ControlAct O o the finance Director This ' ent has been approQed as to farm and legal sufficiency. Offace of the At3:omey . ~~r~y2ow .3 MACTEC engineering and constructing a better tomorrow March 8, 2011 Mr. Jeff Thompson Orange County Government ` 200 S, Cameron Street Hillsborough, NC 27278 Subject: Proposal for ConstrYactioa Material Testing Services Whiffed Renovations Project 30Q Tryon Street Ailisborough, North Carolina MACTEC Proposal Na.: PROPIIRAIL:079 Dear Mr. Thompson: MACTEC Engineering and Consulting, Inc: (MACTEC) is pleased to submit this proposal to provide materials testing services daring the Whined Renovation Project in Hillsborough, North Carolina. This proposal presents our understanding of the proposed construction, outlines a scope of services, and provides an opinion of cost and our unit rate fee schedule that will apply. PROJECT INFORMATION General information about the project was obtained from an a-mail sent from Mr. Thompson to MACTEC oa March 3, 2011. We understand that the project is mostly interior work with several utility trenches being installed for medical and dental equipment installation. The project will also involve partially reinforcing two decks of the facility with steel beams, as well as some minor site work centered around a new concrete ADA parking area with some minor retaining wall work. The project duration is through rnid July, 2011. SCOPE OF SERVICES Fiekt observations and testing will be performed as requested by your construction manager. Testing ~ br• in general accordance with applicable project specifications, NCDOT, or ASTM procedures. ~: 3 SOi/s 3 1. Observe undercutting operations, if required, to aid the contractor in identifying unsuitable a materials. ~ ~ :~ 2. Perform Laboratory classification tests to determine engineering properties of proposed soils to be used as fill material. 3. Observe fill placement for compliance with project specifications. 4. Perform laboratory Proctor compaction tests on proposed soils to be used as fill material. if. 5. Perform in-place field density tests to determine'the degree of compaction for fill piace~nt and utility backfill. MACTEC Engineering and Consulting, Inc. 3301 Atlantic Avenue • Raleigh, NC 27604 • Phone: 919.876.0416 -Fax: 919.831.8136 Whetted Renovation Project Proposal for Construction Material Tcstntg Services HilJsiwrouglt, North Carolina Match 8, 2011 Page 2 of 4 Cast-in-Place Concrete (as reouired by the nroiect snecificatiores) 1. Observe placement and size of reinforcing steel for conformance to project plans. 2. Sample and perform tests on plastic concrete in the field including slump, air content, temperature and other tests as required by the project specifications. 3. Cast 4" by 8" concrete cylinder specimens for compressive strength testing. 4. Laboratory cure, test and report concrete test specimen results. Structural Steel (as reouired by t14e nroiect specifications) 1. Review project specific specification requirements. 2. Review shop and field erector qualification submittals. 3. Review welding procedure and performance qualification documents for field operations. 4. Perform visual weld inspection in general accordance with the.reguirements of the current edition of AWS D 1.1 and the project specifications. 5. Perform non destructive examinations ss may be required by the project specific specifications. 6. Perform field installation inspections of ASTM A325 fastener assemblies in general accordance with the specific edition of AISC specified for the project. Hot Mix Aanhalt Paving (as required by the nroiect snecifuxtEioirs) 1. Observe proof-rolling of the exposed soil sub-grade to identify areas that may require undercutting. 2. Perform aggregate base course compaction testing. ~ ' 3. Perform field density tests of placed asphaltic concrete as required by the specifications. The above services are anticipated for this project and will be provided by MACTEC personnel from our Raleigh, North Carolina office. Subcontracting the services will not be required. Prior to the start of work, we~ request a project meeting to further define our scope of services. It will be necessary for MACTEC to obtain a set of plans and specifications prior to the start of work. SCHEDULING We anticipate our services for this project.to be provided for the majority on a part-time, on-call basis. It will be the responsibility of your authorized representative to schedule and designate the work requirements. When scheduling personnel, it is desirable to have at [east twenty-four hours notice and a description of the specific services requested to properly schedule the work. Please note that MACTEC's observations wi[1 be limited to the areas and activities that are accessible and observable at the time of our site visit. COMPENSATION MACTEC will provide these services in accordance with the unit rate fee schedule included with this proposal. The fee schedule includes only the services which are expected to apply to this project. A complete fee schedule is available upon request. . Based on our understanding o~ the project and the anticipated scope of services, we recommend establishing a budget of $9,500 for costs associated with testing and inspection services. Please note that the cost for our services is very dependent on the construction schedule and that our invoices will directly reflect the actual quantities of services provided. Invoices are payable upon receipt. "MACTEC Whiffed Renovation Project Proposal fnr Conseraction Materfa! Testing Services Hillsborough, North Carolina March 8, 2011 Page 3 of 4 AUTHORIZATION MACTEC was provided a draft copy of Orange County's terms and conditions with the Request for Proposal. We have several requested changes to that contract that are attached to this proposal for your review. We understand our services will be authorized once these terms and conditions are mutually agreed upon between MACTEC and Orange County. CLOSING We appreciate your consideration of MACTEC for this work and we look forward to working with you during the construction of this and future projects. Please contact us if you have any questions concerning this proposal. Respectfully submitted. MACTEC Engineering and Consulting, Inc. .. - Steven C. Mann, P.E. Project Manager .. ~,'.~ '' Stephen P. Fenton, PE. Principal 8ngineer Attachments: Uoit Rate Fee Schedule Contract ~rEc Whined Renovation Project Proposal for Construction Material Testing Services Hillsbororrgh, North Carolina March 8, 201 ! Prrge 4 of 4 2011 UNIT RATE FEE SCHEDULE Construction Testing and Inspection Services MACTEC Engineering~and Consulting, Inc. Raleigh, North Carolina Code Engineerine Technician Services (On-Site Tone) Project Technician, per hour ............................................................................................................. $ 55.00 Structural Steel Inspector, per hour .....................:..............................................................:.............. $ 70.00 Overtime, time over 8 hours per drry, Saturday, Sunday or camparry holiday; 1.5 tines applicable unit rate Engineering Services Project Professional, per hour ........................................................................................................... $ 100.00 Senior Professional, P. E., per hour ................................................................................................... $ 120.00 Principal Professional, P. E. /Project Manager, per bour ................................................................. $ 140.00 Data/Word Processor, per hour ..........................................................:..............................................$ 50.00 Eoninment Usaee Trip Cbarge, company or personal vehicle, per trip .............:......................................... . ..............$ 55.00 Concrete/Asphalt coring equipment, per day ...........................:.......................................................: $ 75.00 Coring bit charge, per inch of diameter tunes inch of depth .............................................................$ ISO Rental of other equipment, direct cost divided by 0.8 Lgboratorv Teatime Concrete cylinders; compressive strength testing including reserve cylinders, ASTM C 39, each ................................................................................. $ 12.00 Compressive strength of concrete cores, ASTM C 42,.including trimming ends and capping, each ...................................................................................................................... $ 70.00 142.360 Biwminous concrete, Unit Weight requiring compaction (Marshall), each ..:................................... $200.00 142620 Biwminous concrete, Theoretical maximum specific gravity (Rice Method), each .........................$ 175.00 142640 Bulk Specific Gravity/Density and Thickness of Asphalt Core, each ..........................................:.... $ 55.00 144710 Compressive strength of C3rout Prism, each ..:...................................................................................$ .15.00 144730 Compressive strength of Mortar or Grout Cubes, each ..................................................................... $ 15.00 130920 Compaction test, Standard Proctor, each ............................................................:.............................. $ 130.00 130930 Compaction test on stone, Standard Proctor, each ............................................................................ $ 135.00 130940 Compaction test, Modified Proctor, each .......................................................................................... $ 145.00 130950 Compaction test on stone, Modified Proctor, each ............................................................................ $ 155.00 130020 Sieve analysis with wash #200 sieve, each ....................................................................................... $ 75.00 14007A Liquid limit, Plastic Limit, Plasticity index (1 point method), each .................................................. $ 75.00 140000 Moisture content of soils, each .......................................................................................................... $ 10.00 NOTES: Overtone is not applicable to en ineering rates. All rates are on-site time, There will be a four-hour minimum ciutr~e for all field technicima work including sample pickup. A 24-hour notice is requested. This is .a partial fee schedule which includes items frequently encouruered. Unit rates for other equipment, personnel, or tests will be provided upon request The quoted rates will be e,,8`ective until December3l, 2011. MACTEC