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HomeMy WebLinkAbout2011-115 AMS - ECS Carolinas, LLP for SW Library Phase 1 Environ Site Assessment $9,995#il ~ ~q~rt 3 [Departmental Use Only] TITLE SW Library ESA, Geotech FY ORANGE COUNTY NORTH CAROLINA CONTRACT UNDER $10,000.00 THIS AGREEMENT, made and entered into this 16th day of May, 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 ECS Carolinas, LLP (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: a) Phase 1 Environmental Site Assessment for the 210 Hillsborough Street, Carrboro Parcel per RFP #5169 dated 5/3/11 and its attached subeequent cost proposal letter dated 5/11/11; b) Limited Geotechnical Study for the 210 Hillsborough Street, Carrboro Parcel per RFP #5171 dated 5/3/11 and its attached subsequent cost proposal letter dated 5/11/11; c) Traffic Impact Analysis for the 210 Hillsborough Street, Carrboro Parcel per RFP #5172 dated 5/3/11 and its attached subsequent cost proposal letter dated 5/11/11; and the d) Evaluation of Existing Utility Capacity for the 210 Hillsborough Street, Carrboro Parcel per RFP #5173 dated 5/3/11 and its attached subsequent cost proposal letter dated 5/11/11. The term of this agreement rendered shall be from 5/16/2011 to 6/6/2011. 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 Nine Thousand, Nine Hundred Ninety Five Dollars, ($9,995). 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 Revised July 2010 1'b'tri'kl'1';' compensation l~urpuseti. `1'he 1'roe~eier understands chat nether c;deral, nc»• suite, nor payroll tax z>f. u~y kind shall be withheld or paid lay the County on behalf of the Provider or the cmplcaycrs o!'the 1'rovidcr. ~. Irl,sur.tn~c: "1'llc• Provider shalt obtain, at its solo expense, all insurance needed tea adequately insure itself during. the pcri~rrnance of these services :is required by the Count}''s Risk Mana~;emcnt Policy. 5. il~tien~nity: '1"hc Provider agrees to defend, indemnify, and hold harmless ()range, t'ounty ti•om all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, inchldllt; 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 terniinated 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. ORANG .COUNTY By: ,- ty Manag r 2flfl S. Cameron S P.O. Box 8181 Hillsborough, NC 27278 __..~ PROVID '1 By; rr _~~b. ~~a.,~, Title: - i, '~ . ~ ~~ ~~, 5; +~~ ECS Carolinas, LLP 9001 Glenwood Avenue Raleigh, NC 27617 's instrument has been approved as to technical content.. Cl~YYI ~- Pamela Jones, epartment Director. This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Con of Act. G~.e,,~, :~,~ a J~--- Office of the Finance Director Ite~-ised July 2010 2 i E++ C S CA ~~nt,~„ L 1 ~+I,~e.~, . ~. F` p g ~s~ tie st~~,d~,~ ~-r se~a~~ r - Veit n~~ • 6.~U[ ! ~.~on at~r~l$ ~' En~r~mf.ntX'ZH • Fa~`ti~t3~ Nc ~m F-3i97'~ May 11, 2011 Mr. Jeff Thompson Orange County Government 131 W. Margaret Lane Hillsborough, North Carolina 27278 Reference: Cost Proposal for Professional Services 2.691 Acre Parcel Located at 210 Hillsborough Street, Carrboro, NC ECS Proposal Number: 06P:14681-14862 Orange County RFP #s: 5169, 5171, 5172, and 5173 Dear Mr. Thompson: ECS Carolinas, LLP (ECS), along with our subconsultants, appreciates the opportunity to work with you and Orange County on the above four RFP scopes for the 2.691 acre parcel located at 210 Hillsborough Road in Carrboro, NC. This letter provides cost estimates for the scope of services outlined in our Statement of Qualifications dated May 3, 2011. E 'ronmental Site Assessment for snot-to- e chnical Study for anot-to-exceed budget of $4,200. Ramey Kemp and Associates will provide services for RFP #: 5172 Traffic Impact Analysis for anot-to-exceed budget of $2,000. Phillip Post and Associates will provide services for RFP #: 5173 Evaluation of Existing Utility Capacity for snot-to-exceed budget of $1,500. Our team appreciates the opportunity to submit this cost proposal for your review. If you have any questions, please contact the undersigned at (919) 861-9910. Respectfully submitted, ECS CAROLINAS, LLP ~` ~ r~ ~1 ~r ~ ~ ~ ~~ C. (Nathan) Nallainathan, PE Principal Engineer Michael Higgins, CIE Manager of Environmental Services 9Q01 Gilet~ A e, Ralergtr, P+IC 27617-7 • T. 919-F361-99'fi} • F. 91 ,tea,, 1-9911 mrted.ct ~+.~.~ ~~~.. • r~ • E~:S Lr.C ~ r~ ILCi ~ ECS . w~ t.~.~i i ~ ~~i t a B Client#:216 ECSCAR01 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DS/12/2011 rn 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. rmrvrc ~ r.rr r : ~r me cemnca>ce nolaer Is an Al)uITIONAL INSURED, the policy(ies) must 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: Meg .S. Lee, CIC Andersen Insurance Group PHONE 703-988-0090 FAX Ext ` 5870 Trinity Parkway wc' "° M,v~ ADDRESS: meg@theandersengrp.com Suite 130 Centreville VA 20120 CUSTOMER ID #: , INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURERA: Federal InSUranCe Company 202$1 ECS Carolinas, LLP INSURER B :Hartford Casualty Insurance Co. 29424 14026 Thunderbolt Place Suite 500 INSURER c :Cincinnati Insurance Company 10677 Chantilly, VA 20151 INSURERD: 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. INS TYPE OF INSURANCE D L UBR POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS A GENERAL LIABILITY X X 35786346 12/01/2010 12/01/2011 EACH OCCURRENCE $1 OOO OOO COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $1,000,000 CLAIMS-MADE ~ OCCUR MED EXP (Any one person) $10,000 X Contractual Liab PERSONAL 8 ADV INJURY $1 000 000 X X C U GENERAL AGGREGATE , , $2 000 000 , , GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $2,000,000 POLICY X PRO LOC $ A AUT OMOBILE Lu-BILnY X X 73564544 12/01/2010 12/01/2011 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1 000 000 ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS PROPERTY DAMAGE $ (Per accident) X NON-OWNED AUTOS $ A X UMBRELLA LIAB X OCCUR X X 79828851 12/01/2010 12/01/2011 EACH OCCURRENCE $5 OOO OOO EXCESS LIAB CLAIMS-MADE AGGREGATE $5 OOO OOO DEDUCTIBLE X RETENTION O $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y X 42WNMS9633 12/01/2010 12/01/2011 X WC STATU- OTH- ANY PROPRIETOR/PARTNER/EXECUTIVE / N OFFICER/MEMBER EXCLUDED? ^N N/A All States Endt E.L. EACH ACCIDENT $1,000,000 (Mandatory in NH) If d ib d E.L. DISEASE - EA EMPLOYEE $1,000,000 yes, escr e un er DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1 000,000 C Excess Liability XS1176842 12/01/2010 12/01/2011 $5,000,000 Each Occ Excess of $5M $5,000,000 A re ate DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Re: 2.691 Acre Parcel, 210 Hillsborough Street, Carrboro (Orange County), NC ECS client no. 06.848807 Certificate Holder is included as an Additional Insured on all policies except Worker's Compensation. Orange County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 200 S. Cameron Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 8181 Hillsborough, NC 27278-8181 I AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) 1 of 1 The ACORD name and logo are registered marks of ACORD #S39511/M31932 MEF