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HomeMy WebLinkAbout2011-099 AMS - LHC Structural Engineers for Structural Engerineering services for evaluating foundations at 129 E King St $1,500~~ [Departmental Use Only] TITLE 129 E. King Foundation FY 2010-11 ORANGE COUNTY NORTH CAROLINA CONTRACT UNDER $10,000.00 THIS AGREEMENT, made and entered into this 29th day of April, 2011, ("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 LHC Structural Engineers (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: Structural engineering services for evaluating existing foundations at 129 East King Street, Hillsborough NC; scope outlined in attached proposal entitled "Foundation Evaluation; LHC Project No. 1101-11" dated 4/18/11 . The term of this agreement rendered shall be from April 29, 2011 to June 30, 2011. 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 Fifteen Hundred Dollars, ($1,500). 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 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: The Provider shall obtain, at its sole expense, all insurance needed to adequately insure itself during the performance of these services as required by the County's Risk Management Policy. Revised July 2010 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. 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. 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 Law: 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. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. By: 200 S. Cameron~t. P.O. Box 8181 Hillsborough, C 27278 PROVID~Ep.~R- C~ BY~ ~rGY~/` (--L-+~-- Title: ~[ ~ - f ~ ES ~ nE~t'~ LHC Structural Engineers. 1015 Wade Avenue Raleigh, NC 27605-0567 This instrument has been approved as to technical content. Pamela Jones, Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. ~~`~^--u' ~. Office of the Finance Director This instrument has been approved as to form and legal sufficiency. Revised July 2010 2 Office of the County Attorney Revised July 2010 ,`~ LHC STRUCTURAL ENGINEERS April 18, 2011 Orange County Asset Management 131 West Margaret Lane Hillsborough, North Carolina, 27278 Attention: Jeffrey Thompson Reference: Foundation Evaluation 129 East King Street Hillsborough, North Carolina LHC Project No. 1101-11 Mr. Thompson: LHC Structural Engineers, PC (LHC) is pleased to provide this proposal for structural engineering services for evaluating existing foundations at 129 East King Street in Hillsborough. PROJECT SUMMARY It is our understanding that several footings beneath the structure at 129 East King Street may have been undermined by erosion from storm water that occasionally runs through the crawl space. The county wishes to occupy the building in the near future and requires an assessment of the seriousness of the condition and a design for a repair if the capacities of the foundations have been adversely affected. Based on our initial observations, it appears that the erosion has caused undermining significant enough to affect their long term stability, and that repairs will be required. STRUCTURAL ENGINEERING SCOPE OF WORK Our scope of work will include visually evaluating the condition of the foundations. We will follow up with a written report that will include our professional opinion of their stability and recommendations on correcting foundations that are found to be inadequately supported. For foundations requiring correction we will design the repairs and provide sealed drawings. The drawings will be provided in 8'/z x 11 format. In addition we propose to make one site visit prior to concrete placement to observe the work in progress and the installation of reinforcing steel. Our scope will not include addressing the storm water runoff that has potentially led to the undermining. We understand that this work, which should be performed by a Civil Engineer, is planned to begin shortly after the foundations are stabilized. Our design will attempt to account for this future work. Material testing and verification of soil bearing strength will also not be included in our scope. This work should be performed by an experienced geotechnical and testing firm. T.Y. Chang, PE. ^ Robert E. Lasater, Jr., PE. ^ Stephen K. Ferguson, PE. P.O. Box 10567, 1015 Wade Avenue, Raleigh, NC 27605-0567 919.832.5587 office 919.833.3929 fax Ihcengineers.com Mr. Jeffrey Thompson April 18, 2011 Page 2 of 2 COMPENSATION 4 . We propose to perForm the services described above for a lump sum cost of One Thousand Five Hundred Dollars ($1500). Should additional services be requested, the hourly rates shown on the attached schedule will apply. LHC Structural Engineers, PC maintains professional liability insurance for its negligent acts, errors, and omissions. LHC Structural Engineers, PC's limit of liability for this project is $50,000. If the client requires a higher limit, then an additional fee to offset the additional cost of insurance can be negotiated. If you find our proposal acceptable, please sign your acceptance below and return it to us. Also, please prepare such formal contractual documents as you require for our review and execution. This proposal is valid for 30 days from the date of the proposal. Please feel free to contact us at your convenience if you have any questions. Thank you for this opportunity and we look forward to working with you on this project. Respectfully, LHC Structural Engineers, PC Accepted By: Robert Lasater, Jr., PE Vice-President attachment Name Title Date cc: Wayne Fenton LHC STRUCTURAL ENGINEERS, PC SCHEDULE OF HOURLY RATES THROUGH DECEMBER 31, 2011 PRINCIPALS Robert E. Lasater, Jr., PE $150.00 T. Y. Chang, PE $150.00 STAFF ENGINEERS Robert J. Stevenson, PE $130.00 Stephen K. Ferguson, PE $130.00 Matthew J. Modlin, PE $110.00 Timothy K. Hilton, PE $110.00 CAD OPERATORS $ 80.00 ADMINISTRATIVE $ 45.00