HomeMy WebLinkAbout2011-385 AMS - McGill Associates, P.A. - design of McGowan Creek Gravity Sewer Interceptor
O p~ [Departmental Use Only]
TITLE Interceptor Study
FY 11-12
NORTH CAROLINA
SERVICES AGREEMENT UNDER $90,000.00
ORANGE COUNTY
This Services Agreement (herinafter "Agreement"), made and entered into this 23rd day of
December, 2011, ("Effective Date") by and between Orange County, North Carolina a body
politic and corporate of the State of North Carolina (hereinafter, the "County") and McGill
Associates, P.A., (hereinafter, the "Provider").
WITNESSETH:
That the County and Provider, for the consideration herein named, do hereby agree as
follows:
1. Services
a. Scope of Work.
i) This Agreement is for services to be rendered by Provider to County with respect
to (insert type of project): the preliminary design of a potential McGowan Creek
gravity sewer interceptor and the analysis and preliminary design of deepening
the Brookhollow pump station
ii) By executing this Agreement, the 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.
iii) Time is of the essence with respect to this Agreement.
iv) The services to be performed under this Agreement consist of Basic Services, as
described and designated in Section 3 hereof. Compensation to the Provider for
Basic Services under this Agreement shall be as set forth herein.
2. Responsibilities of the Provider
a. Services to be provided. The Provider shall provide the County with all services
required in Section 3 to satisfactorily complete the Project within the time limitations set
forth herein and in accordance with the highest professional standards.
b. Standard of Care.
i) The Provider shall exercise reasonable care and diligence in performing services
under this Agreement in accordance with the highest generally accepted standards
of this type of Provider practice throughout the United States and in accordance
with applicable federal, state and local laws and regulations applicable to the
performance of these services. Provider is solely responsible for the professional
Revised July 2010
quality, accuracy and timely completion and/or submission of all work related to
the Basic Services.
ii) 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.
iii) The Provider shall not, except as otherwise provided for in this Agreement,
subcontract the performance of any work under this Agreement without prior
written permission of the County. No permission for subcontracting shall create,
between the County and the subcontractor, any contract or any other relationship.
iv) Provider is an independent contractor of County. Any and all employees of the
Provider engaged by the Provider in the performance of any work or services
required of the Provider under this Agreement, shall be considered employees or
agents of the Provider only and not of the County, and any and all claims that may
or might arise under any workers compensation or other law or contract on behalf
of said employees while so engaged shall be the sole obligation and responsibility
of the Provider.
v) Provider agrees that Provider, its employees, agents and its subcontractors, if any,
shall be required to comply with all federal, state and local antidiscrimination
laws, regulations and policies that relate to the performance of Provider's services
under this Agreement.
vi) If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Provider represents that it and/or its
employees, agents and subcontractors engaged in such activities possess such
licenses, certifications, or credentials and that such licenses certifications, or
credentials are current, active, and not in a state of suspension or revocation.
3. Basic Services
a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows
(fully describe services to be provided): per the proposal for additional services letter
dated 10/20/2011 (attached): 1) survey of properties underlying the potential
interceptor; 2) the McGowan sewer interceptor preliminary design; and 3) the
Brookhollow pump station analysis and redesign.
4. Duration of Services
a. Term. The term of this Agreement shall be from December 23, 2011 to June 30, 2012.
b. Scheduling of Services.
i) The Provider shall schedule and perform his activities in a timely manner.
ii) Should the County determine that the Provider is behind schedule, it may require
the Provider to expedite and accelerate his efforts, including providing additional
resources and working overtime, as necessary, to perform his services in
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2
accordance with the approved project schedule at no additional cost to the
County.
iii) The Commencement Date for the Provider's Basic Services shall be December 23,
2011.
5. Compensation
a. Compensation for Basic Services. Compensation for Basic Services shall include all
compensation due the Provider from the County for all services under this Agreement
except for any authorized Reimbursable Expenses which are defined herein. The
maximum amount payable for Basic Services shall not exceed Thirty Nine Thousand
Dollars ($39,000.00). Payment for Basic Services shall become due and payable within
thirty (30) days of Provider properly invoicing County. Payment shall be subject to
provisions of Section 5(b).
b. Disputes. In the event the amount stated on an invoice is disputed by the County, the
County may withhold payment of all or a portion of the amount stated on an invoice
until the parties resolve the dispute. 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.
c. Additional Services. County shall not be responsible for costs related to any services in
addition to the Basic Services performed by Provider unless County requests such
additional services in writing and such additional services are evidenced by a written
amendment to this Agreement.
6. Responsibilities of the County
a. Cooperation and Coordination. The County has designated (Pamela Jones) to act as the
County's representative with respect to the Project and shall have the authority to render
decisions within guidelines established by the County Manager and/or the County Board
of Commissioners and shall be available during working hours as often as may be
reasonably required to render decisions and to furnish information.
7. Insurance
a. General Requirements. The Provider shall purchase and maintain and shall cause each
of his subcontractors to purchase and maintain, during the period of performance of this
Agreement:
i) Worker's Compensation Insurance for protection from claims under workers' or
workmen's compensation acts;
ii) Comprehensive General Liability Insurance covering claims arising out of or
relating to bodily injury, including bodily injury, sickness, disease or death of any
of the Provider's employees or any other person and to real and personal property
including loss of use resulting thereof;
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3
iii) Comprehensive Automobile Liability Insurance, including hired and non-owned
vehicles, if any, covering personal injury or death, and property damage; and
iv) Professional Liability Insurance, covering personal injury, bodily injury and
property damage and claims arising out of or related to the performance under this
Agreement by the Provider or his agents, Providers and employees.
b. Insurance Ratin>;. The minimum insurance rating for any company insuring the Provider
shall be Best's A. If the Provider does not meet the insurance requirements, the County's
Risk Manager must be consulted prior to finalizing this Agreement.
c. Limits of Coverage. Minimum limits of insurance coverage shall be as follows:
INSURANCE DESCRIPTION MINIMUM REQUIRED COVERAGE
• Worker's Compensation Limits for Coverage A -Statutory State of N.C.
Coverage B -Employers Liability
$500,000 each accident and policy limit and disease each
employee
• Commercial General Liability $1,000,000 Each Occurrence; $2,000,000 Aggregate.
• Automobile Liability Combined Single Limit $500,000
• Professional Liability NOTE: Insert coverage limits required by Risk Mara~er if
applicable.
d. Additional Insured. All insurance policies (with the exception of Worker's
Compensation and Professional Liability) required under this Agreement shall name the
County as an additional insured party. Evidence of such insurance shall be furnished to
the County, together with evidence that each policy provides the County with not less
than thirty (30) days prior written notice of any cancellation, non-renewal or reduction
of coverage.
8. Indemnity
a. Indemnity. The Provider agrees to defend, indemnify and hold harmless the County
from all loss, liability, claims or expense, including attorney's fees, arising out of or
related to the Project and arising from bodily injury including death or property damage
to any person or persons caused in whole or in part by the negligence or misconduct of
the Provider except to the extent same are caused by the negligence or willful
misconduct of the County. It is the intent of this provision to require the Provider to
indemnify the County to the fullest extent permitted under North Carolina law.
9. Amendments to the Agreement
a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional
compensation or a change in duration of this Agreement shall be made by a written
Amendment to this Agreement executed by the County and the Provider. The Provider
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4
shall proceed to perform the Services required by the Amendment only after receiving a
fully executed Amendment from the County.
10. Termination
a. Termination for Convenience of the County. This Agreement may be terminated without
cause by the County and for its convenience upon seven (7) days' prior written notice to
the Provider.
b. Other Termination. The Provider may terminate this Agreement based upon the County's
material breach of this Agreement; provided, the County has not taken all reasonable
actions to remedy the breach. The Provider shall give the County seven (7) days' prior
written notice of its intent to terminate this Agreement for cause.
c. Compensation After Termination.
i) In the event of termination, the Provider shall be paid that portion of the fees and
expenses that it has earned to the date of termination, less any costs or expenses
incurred or anticipated to be incurred by the County due to errors or omissions of
the Provider.
ii) Should this Agreement be terminated, the Provider shall deliver to the County
within seven (7) days, at no additional cost, all deliverables including any
electronic data or files relating to the Project.
d. Waiver. The payment of any sums by the County under this Agreement or the failure of
the County to require compliance by the Provider with any provisions of this Agreement
or the waiver by the County of any breach of this Agreement shall not constitute a
waiver of any claim for damages by the County for any breach of this Agreement or a
waiver of any other required compliance with this Agreement.
11. Additional Provisions
a. Limitation and Assignment. The County and the Provider each bind themselves, their
successors, assigns and legal representatives to the terms of this Agreement. Neither the
County nor the Provider shall assign or transfer its interest in this Agreement without the
written consent of the other.
b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights
of respective parties hereunder shall be governed by the laws of the State of North
Carolina.
Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages
with respect to any provision of, or the performance or non-performance of, this
Agreement shall be brought in the General Court of Justice of North Carolina sitting in
Orange County, North Carolina. It is agreed by the parties that no other court shall have
jurisdiction or venue with respect to such suits or actions. The Parties may agree to
nonbinding mediation of any dispute prior to the bringing of such suit or action.
Revised July 2010
d. Entire Agreement. This Agreement represents the entire and integrated agreement
between the County and the Provider and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be amended
only by written instrument signed by both parties. Modifications may be evidenced by
facsimile signatures.
e. Severability. If any provision of this Agreement is held as a matter of law to be
unenforceable, the remainder of this Agreement shall be valid and binding upon the
Parties.
f. Ownership of Work Product. Should Provider's performance of this Agreement generate
documents, items or things that are specific to this Project such documents, items or
things shall become the property of the County and may be used on any other project
without additional compensation to the Provider. The use of the documents, items or
things by the County or by any person or entity for any purpose other than the Project as
set forth in this Agreement shall be at the full risk of the County.
g. 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. It is expressly agreed that County
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 County's statutory authority, mandate and/or mandated
functions, by state and/or federal legislative or regulatory action, which adversely affects
County's authority to continue its obligations under this Agreement, then this Agreement
shall automatically terminate without penalty to County upon written notice to Provider
of such limitation or change in County's legal authority.
h. Notices. Any notice required by this Agreement shall be in writing and delivered by
certified or registered mail, return receipt requested to the following:
Orange County
Attention:Pam Jones
P.O. Box 8181
Hillsborough, NC 27278
Provider's Name
McGill Associates, P.A.
PO Box 1136
Hickory, NC 28603
IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have
hereunder set their hands and seal, all as of the day and year first above written.
ORANGE COUNTY:
PROVIDER:
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6
By: By:
Frank ion, Coun anager
~U'G ~5 G~A~Ptry
Printed Name and
This instrument has been approved as to technical content.
,Dep entDirector pq/rela ~?~nps
This instrument has been pre-audited in the manner required by the Local Government Budget
and Fiscal Control Act.
Office of the Finance Director
This instrument has been approved as to form and legal sufficiency.
# __~...,
Of~c~e of the County Attorney
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7
l~/Ic Gill
A S S O C I A T E S
December 20, 2011
Mr. Jeff Thompson
Asset Management Services
Orange County
Post Office Box 8181
Hillsborough, North Carolina 27278
Dear Mr. Thompson:
RECD bE C 21 2011
RE: Engineering Agreement
McGowan Creek Sewer
Orange County, North Carolina
Please find enclosed four (4) executed originals of the Services Agreement under $90,000 for
the additional work associated with the Central Efland Sewer Project.
If you have any questions or need additional information, please do not hesitate to contact
us at (828) 328-2024.
Sincerely,
JILL A OCIATES, P.A.
_ _
U L S C MAN, PE
io Pr ject Manager
Enclosures
F:\2011 PROJECTS\11.01111 ORANGE COUNTY -Efland Buckharn Sewer Proposal\01_Project Administration\Contracts\jt 20 dec 11
agreement.doc
Engineering P l a n n i n g F i n a n c e
McGill Associates, P.A. • P.O.,Box 1136, Hickory, NC 28603 • 1240 19th St. Lone NW, Hickory, NC 28601
Ofjice: 828-328-2024 • Fax: 828-328-3870
cal
A 5 5 0 C I A T E S
October 20, 2011
Mr. Craig Benedict, Director
Planning and Inspections
Orange County
200 South Cameron Street
Hillsborough, North Carolina 27278
RE: Proposal for Additional Services
Central Efland/Northern Buckhom
Sewer Extension
Orange County, North Carolina
Dear Mr. Benedict:
Pursuant to discussions with County staff, we are pleased to provide this proposal for
additional engineering services for the Central Efland/Northern Buckhorn Sewer Extension
Project, outside of our original scope of work, We understand that Orange County desires to
route sewer flow from the existing McGowan Pump Station (PS) along a new gravity sewer
interceptor to the currently proposed Brookhollow PS. Consequently, sewer flows from this
drainage basin would ultimately be pumped via the Brookhollow PS for treatment. To facilitate
this change in the project scope, we further understand that the project will be modified in the
following ways: __. _ _ __ _ _ _ _ _ _ _ _ _ .. __ _ .
• Approximately 2,600 linear feet of 12-inch diameter gravity sewer would be
constructed parallel to McGowan Creek from the existing pump station to the
proposed pump station (McGowan Sewer Interceptor).
• The proposed pump station depth, volume, and pumping capacity will need to be
modified to accommodate the additional flows.
• The sewer force main proposed for the project will need to be increased in size,
and the routing modified to direct flows along the existing force main to
Hillsborough.
In addition to routing of sewer flow from the proposed Brookhollow PS to Hillsborough,
the County may desire to direct flows from the Efland area to Mebane in the future.
This request for additional services shall be governed by the conditions outlined in our
original Engineering Services Agreement dated August 26, 2011. Given these potential changes
in the project, we anticipate providing the following Scope of Additional Services:
Engineering Planning F i n a n c e
rLIcGi11 Associates, P.A. • P.O. Bor 1136, Hickory, NC 28603 • 12d0 19th St. Lane N6T; Hlcko~y, NC 28601
Offrce: 828-328-202d • Fas: 828-328-3870
Mr. Craig Benedict
October 20, 2011
Page 2
Survev
^ Prepare a routing survey of the proposed gravity sewer interceptor from the existing
McGowan PS to the proposed Brookhollow PS. Survey will include pertinent data for
preparation of design plans for the proposed sewers, along with any available property line
information for future preparation of easements.
^ Verify vertical and horizontal control consistency with current project plans.
^ Verify critical force main routing elevations for pumping from the Brookhollow PS to
Hillsborough and Mebane, utilizing GPS technology.
McGowan Interceptor Preliminarv Design
^ Utilizing field survey, prepare a routing of the proposed sewers, and review routing with the
OWNER to verify acceptance and compliance with applicable County regulations.
^ Prepare a profile of the proposed sewers to determine needed depth at the Brookhollow PS.
^ Prepare a preliminary opinion of cost for the proposed sewer interceptor.
Broolchollow PS Analysis and Redesignn
^ Based on current and proposed service areas contributory to the proposed pump station,
prepare design calculations for pumping capacity and storage volume needed to modify the
pump station.
^ Discuss with OWNER routing options for directing flow from the proposed pump station to
the City of Mebane in the future. Evaluate the feasibility of these options, and develop order
of magnitude preliminary cost estimates and electricity requirements for the feasible options.
o Prepare pumping system head calculations for each of three (3) force main routing options;
1) current project PS capacity flowing to the McGowan PS with increased wetwell depth, 2)
all proposed Efland flows to Hillsborough, and 3)all proposed Efland flows to Mebane.
^ Based on system head calculations, recommend pump conditions for the force main options
and recommend initial pump selection to easily be modified to meet future desired ' -
conditions.
^ Prepare revised electrical design to accommodate future pump conditions.
Mr. Craig Benedict
October 20, 2011
Page 3
^ Prepare revised pump station construction drawings and specifications to meet needed depth,
volume, and pumping capacity for future ready conditions.
^ Submit revised pump station plans, specifications, and design calculations to Construction
Grants and Loans (CG&L) for review and approval.
^ Assist OWNER in coordinating any geotechnical testing for the proposed sewer interceptor
and/or Brookhollow PS.
BASIS OF COMPENSATION
We anticipate performing the scope of services for the following lump sum fees:
1. Survey
Engineering Fee: $6,500.00
2. McGowan Sewer Interceptor Preliminary Design
Engineering Fee: $9,500.00
3. Brookhollow PS Analysis and Redesign ~
Engineering Fee: $23,000.00
Total Fixed EnEineering-Fee: $39,000.00. _ _ _ _ _ _ _ _ _ _ __ _ .
Several work elements, beyond that outlined above, have been additionally identified to
potentially accompany this work. The following Lump Sum fees shall apply to those services:
1. Providing complete design, construction plans and specifications, and permitting for the
McGowan Sewer Interceptor.
Lump Sum Fee: $14,000.00
2. Providing Easement Maps for Five (5) Parcels along the McGowan Sewer Interceptor:
Lump Sum Fee: $4,000.00
Payment shall be made monthly as work progresses. The above fees do not include the
following additional services. Should these services be needed, we will furnish them in accordance
with our regular fee schedule, upon your authorization.
Mr. Craig Benedict
October 20, 2011
Page 4
^ Additional services resulting from significant changes in the general Scope of the
Project (beyond those described above) or its design including, but not limited to,
changes in size, complexity, OWNER's schedule, or character of construction.
^ Providing geotechnical and subsurface investigations, and any other environmental site
surveys necessary for the construction of the project.
o Preparing to serve or serving as a witness for the OWNER in any litigation,
condemnation, or other legal or administrative proceeding involving the Project.
^ Providing construction phase services for construction of the McGowan Sewer
Interceptor.
Thank you for the opportunity to provide this proposal for this important project. If you
fmd this proposal acceptable, please send an executed copy of this proposal to our office as your
authorization to proceed.
Sincerely,
M~GILL ASSOCIATES, P.A.
P.E.
Accepted by:
ORANGE COUNTY
Mr. Frank Clifton, County Manager
Date