HomeMy WebLinkAboutAgenda - 06-19-2012 - 5kORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 19, 2012
Action Agenda
Item No. 5—k
SUBJECT: Amendment to Hobbs, Upchurch & Associates Contract: Buckhorn- Mebane
EDD Water and Sewer Extension Project — Phase II
DEPARTMENT: Planning PUBLIC HEARING: (Y /N) NO
ATTACHMENT(S):
1. Original Hobbs, Upchurch & Associates
Contract
2. Contract Amendment
3. Permitting Timeline
4. Map of Project Area
INFORMATION CONTACT:
Craig Benedict, Planning Director, 245-
2592
Kevin Lindley, PE, Staff Engineer, 245-
2583
PURPOSE: To approve an amendment to the Hobbs, Upchurch & Associates (HUA) contract
for design of water and sewer utilities in the Buckhorn Economic Development District (EDD)
area to revise the timeline for services rendered and add easement mapping, negotiation and
coordination to the scope of work.
BACKGROUND: Orange County contracted with HUA in November 2010 to provide design
and permitting for water and sewer infrastructure in the Buckhorn EDD area (see Attachments 1
and 4). The original timeline to complete the design and permitting was aggressive, allowing
roughly six months for design and one year for permitting to be completed. Once the project
was begun, it became apparent that a number of intermediate steps would have to occur in
order to maximize design efficiency (e.g. choosing a gravity sewer option along Bowman Road,
see below) and that the timeline as originally set forth would likely not be possible. Planning
staff was managing the contract and recognized the necessity for extra time as the project
progressed (see Attachment 3 for revised permitting timeline). The amendment adding time to
the contract as shown in Attachment 2 will simply be an official acknowledgement of this.
In addition, staff has received a proposal from HUA to coordinate acquisition of the necessary
easements in the project area. This scope of work is outlined in the amendment, but will
generally include surveying and mapping the easements, contacting and negotiating with
individual property owners on behalf of the County, and conducting easement value
assessments, if necessary. Orange County staff has held community outreach meetings
describing the project and the necessity of easements. However, because HUA has experience
performing this type of work on previous projects, and staff experience with acquiring
easements is very limited, staff believes the process would go more smoothly if HUA were
contracted to coordinate the easement acquisition process. This easement process will be
concurrent with the permitting for the project and will take place over the next four months.
Finally, included in the Amendment is an acknowledgement of the option chosen by the BOCC
to pursue a gravity sewer outfall along Bowman Road. This option was outlined in the original
contract, and as such, is not an amendment. However, the information regarding the decision
to pursue the gravity sewer option along Bowman Road and the cost associated with this option
are included in the Amendment document for clarification purposes.
FINANCIAL IMPACT: This amendment will add $30,500, or roughly 15 %, to the current
contract price. The cost of any easement appraisals will be negotiated on a case -by -case basis
due to the wide variation in potential cost and would be considered a reimbursable item in
addition the amount above. Staff recommends an additional easement appraisal allocation of
$29,000 should be set aside as a budget amount for this reimbursable item. Funds have been
set aside in the recommended capital budget for this project which will cover the cost of
purchasing the easements and any permitting fees for the project.
RECOMMENDATION(S): The Manager recommends the Board:
1. Approve this contract amendment;
2. Authorize the Chair to sign on behalf of Orange County;
3. Authorize proceeding with the bid process concurrent with permit review; and
4. Authorize the Manager to sign permit applications or other documents related to
the permitting or bidding of this project, with bid results to be brought to the BOCC
for approval in Fall 2012.
A/Ir^e�T
[Departmental Use Only]
TITLE Suckhorn- Mebane EDD Waiter and Sewer Extension Project — Phase 11
FY 2010
NORTH CAROLINA
SERVICES AGREEMENT OVER $90,000.00
RI;P t- NO REIMBURSABLE EXPENSES
ORANGE COUNTY
This Services Agreement (hereinafter "Agreement "), made and entered into this 4th day of
November, 2010, ("Effective Date') by and between Orange County, North Carolina a body
politic and corporate of the State of North Carolina. (hereinafter, the "County ") and
Hobbs, Upchurch & Associates, PA, (hereinafter, the "Provider ").
WITNJESSET]H°
That the County and Provider, for the consideration herein named, do hereby agree as
follows:
1. Services
a_ Scope of Work.
i) This Services Agreement ( "Agreement") is for professional services to be
rendered by Provider to County with respect to. (insert type of project):
Professional Engineering Service
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. Responsibivities of the Provider
a. Services to to be�rovided. 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
Revised July 2010 1
3
4
with applicable federal, state and local laws -and regulations applicable to the
performance of these services. Provider is'solely responsible for the professional
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.
i) The Provider shall perform as Basic Services the work and services described
herein and as specified in the County's Request for Proposals (the "RFP ") "RFP
Number 5164 for `Buckhom- Mebane Economic Development District (EDD)
Water and Sewer Extension Project — Phase II" issued June 14, 2010, and the
Provider's proposal, which -are fully incorporated and integrated_ herein by
reference together with Attachments Dobbs Upchurch cost proposal dated
September 14, 2010 (designate all attachments). In the event a term or condition
in any document or attachment conflicts with a term or .condition of this
Agreement the term or condition in this Agreement shall control. Sli6uld such
conflict arise the priority of documents shall be as follows- This Agreement, the
County's RFP together with attachments, Provider's Proposal, together with
attachments.
Revised July 2070 . 2
5
ii) The Basic Services will be performed by the Provider in accordance with the
following schedule: (Insert task list and milestone dates) .
Task Milestone Date
1.
Conduct Initial Meeting with Project Team
12/9/2010
5%
2.
Compile Background Information / Preliminary Analysis
1/21/2011
10%
3.
Finalize Water and Sewer System Analysis Phase*
2/28/2011
16% j
4.
Completo, Field Survey / Preliminary Utility Layout
2/28/2011
14% L� 5.
5.
50% Design Review Meeting with Project Team
3/31/2011
14% 5
6.
90% Design Review Meeting with Project Team
4/30/2011
15%
7.
Submit Permits for County Review / Approval .
5/31/2011
10% 4
8.
Submit Final Design for Permitting Agency Approval
.6/-2i/2011
10% q
9.
Finalize Project — Receive Permitting Approvals from State.
11/30/2011
6% i o o
10. Coordinate Funding Opportunities On-going Discussions
As required
* At -this point, the decision will be made to pursue design of either a gravity
outfall running north and roughly parallel to Bowman Road or to continue the
force main along the Bowman Road right -of -way.
in) Should County reasonably determine that Provider has not met the Milestone
Dates established in Section 3(a)(H), County shall notify Provider of the failure to
meet the Milestone Date. The County, at its. discretion may provide the Provider
seven (7) days to cure the breach. County may withhold the accompanying
payment without penalty until such time as Provider cures the breach. In the
alternative, upon.Provider's failure to meet any Milestone Date the County may
modify the Milestone Date schedule. Should Provider or its representatives fail to
cure the breach within seven (7) days, or fail to reasonably agree to such modified
schedule, County may immediately terminate this Agreement in writing, without
penalty or incurring • further obligation to Provider. This section shall not be
interpreted to limit the definition of breach to the failure to meet Milestone Dates.
4. Duration of Services
a. Term. The term of this Agreement shall be from November 2010-to June 2011.
b. Scheduling of Services
i) The Provider shall schedule and perform his activities in a timely manner so as io
meet the Milestone Dates listed in Section 3.
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
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 second week
of November 2010.
Revised July 2010
5. Compensation .
a. Compensation for Basic Services. - Compensation for Basic Services shall include all
eompensati'Wdike the- Pfo�ider from. the County for all services under this Agreement:
The maximum amount payable for Basic Services is one hundred and ninety two
thousand Dollars ($192,000.00). 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. Payment- for Basic Services shall
become due and payable in direct proportion to satisfactory services performed and work
accomplished. Payments will be made as percentages of the whole as Project milestones
as set out in Section 3(axii) are achieved.
b. Additional Services. Should the County choose to pursue design of a gravity sewer
outfall from the intersection. of West Ten Road and Bowman Road (as described in the
footnote to Milestone 3 of Section 3(a)(ii) of this contract) to the City of Mebane's
Southeast Regional Pump Station in lieu of the force main design included in Basic
Services, the Provider shall be entitled to additional compensation; if necessary, for the.
difference in design costs between the force main -option and the gravity sewer outfall
option. Once the County notifies Provider of the decision to pursue the gravity sewer
outfall option, the Provider will submit a revised cost estimate • for the sewer design
portion of the project that includes design costs for this section of gravity sewer outfall
and removes the design costs for the section of force main to be replaced In no case will
the compensation for these -additional services cause the total compensation for this
contract lo. exceed two hundred thousand-Dollars ($200,000). - 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 the (Planning Director,
aaig Benecict) 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;
i. 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
Revised July 2010 4
of the Provider's employees or any other person and to real and personal property
including loss of use resulting thereof; -
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 Rating. 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
RiskManager 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 Manager if
applicable.
$1,000,000
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.
g. 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
Revised July 2010 5
8
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
shall proceed to perform the Services required by the Amendment only after receiving a
fully executed Amendment from the County.
10. Tensninatio'n
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_waiu� 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. Gov emm, 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.
c. 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
Revised July 2010 6
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.
I Entire Agreement. This Agreement, together with the RFP and its attachments and the
Proposal and its attachments, 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. T 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.
£ 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 additioual compensation to the Provider. The use of the documents, items or
things W the Cdi;&j for by any person or entity for any purpose other than the. Project as
set forth in.tl'Aj&nient shall be at the full risk of the County.
g. Non-AppropriatiM `PTovider acknowledges that County is a governmental entity, and
the validity di fthig'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.
I 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: David Cannell
P.O. Box 81-81 .
Hillsborough, NC 27278
Revised July 2010 7
Provider's Name & Address
Hobbs Upchurch Assoc. PA
PO Box 1737
Southern Pines, NC 28388
RI
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:
By:
, Chair
Orange County Board of Commissioners
Attest: �lj' Q s
Donna Baker, Clerk tb the Board
17
]PROVIDER:
By-
PrintedName AdT
B"11 Lester, Jr., PE
cove5neixtq Division er
Fre I.
This 6, -dW e� en approved as to technical content:
Inspections, Department Director
jq
Cl
SEAS ' `" r
lot
ti
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 instrunnent has been approved as to form and legal sufficiency.
r -
_
bfficgWf the County Attorney
Revised July 2010 8
10
Ai%a chmerrt- c-� 11
NORTH CAROLINA
CONTRACT AMENDMENT #1
ORANGE COUNTY
This Contract Amendment ( "Amendment ") is made and entered into by and
between Orange County (the "County ") and Hobbs, Upchurch, & Associates,
P.A. (the "Provider ") together (the "Parties ").
WITNESSETH
WHEREAS, the County and Provider entered into a contract dated November 4,
2010, the Buckhorn- Mebane EDD Water and Sewer Extension Project -Phase II
(hereinafter the "Original Agreement "); and
WHEREAS, pursuant to section 5(b) the Board of County Commissioners voted
to pursue the gravity sewer design modification and the Provider has submitted a
revised cost estimate which keeps the Original Agreement contract price of
$200,000; and
WHEREAS, the County and Provider desire to amend the Original Agreement,
while keeping in effect all terms and conditions of the Original Agreement not
inconsistent with the terms and conditions set forth below.
NOW THEREFORE, for and in consideration of the mutual covenants and
agreements made herein, the parties agree to amend the Original Agreement as
follows:
Section 3(a)(ii) is modified as follows:
Task 8. Submit Final Design for Permitting Agency Approval 6/30/2012
Task 9. Finalize Project — Receive Permitting Approvals from State 9/30/2012
Task 11. Easement Mapping and Acquisition Coordination 9/30/2012
Section 1(a) is modified to add a new sub - section v as follows:
v) Provider has submitted a proposal to provide additional services on this
project related to easement identification, surveying, mapping and coordination of
easement acquisition (Collectively referred to as Easement Mapping and
Acquisition Coordination) to include owner contact, negotiation and easement
appraisal services. Their letter of proposal, dated January 13, 2012, is attached
and is incorporated into this Amendment. The additional costs associated with
these services are as follows:
Easement Maps and Descriptions: $18,500
Easement Negotiations: $12,000
Easement Appraisals: Reimbursement to
Provider for direct costs.
Except for the changes made herein, the Original Agreement shall remain in full
force and effect to the extent it is not inconsistent with this Amendment. In the
event that there is a conflict between the terms of the Original Agreement and the
terms of this Amendment, this Amendment shall control.
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:
Bernadette Pelissier, Chair Orange
County Board of Commissioners
Attest:
Donna Baker, Clerk to the Board
[SEAL]
0
Printed Name and Title
12
13
MOM" Hobbs Upchurch Associates
January 13, 2012
Mr. Craig Benedict
Orange County Planning & Inspection
131 W. Margaret Lane
Hillsborough, NC 27278
RE: Buckhorn- Mebane EDD
Easement Plats/Acquisitions
Dear Mr. Benedict:
Per your request, Hobbs, Upchurch & Associates, P.A. (HUA) is pleased to offer our services to
Orange County for preparing all easements and assisting in the procurement of the required
easements for construction. We offer our services to Orange County as follows:
Easement Maps and Descriptions
HUA will provide all necessary field surveying, deed research, mapping and technical
services for the completion of detailed maps and legal description for each property. For
each property, HUA will provide an easement map to scale on legal size paper along with
a certified legal description for use in preparing the easement. HUA will provide these
services for all of the properties required to complete the above referenced project for a
fee of EIGHTEEN THOUSAND FIVE HUNDRED DOLLARS ($18,500.00).
• Easement Negotiations
HUA staff will provide coordination and assist Orange County in delivery, explanation
and coordination for obtaining all easements on the project. These services will include
group meetings and individual meetings as required in coordination with the County
Attorney for obtaining the easements. HUA proposes to do this work for a lump sum
amount estimated to be TWELVE THOUSAND DOLLARS ($12,000.00).
If any properties should require additional meetings or extra coordination, HUA will
complete that work at our hourly rates.
• Appraisals
Upon determination of how many properties Orange County will require appraisals for;
HUA will coordinate the appraisal services and a cost for same to the County. Appraisals
on certain properties may require varying amounts of detail and review, including review
appraisals. The actual cost of appraisals will be forthcoming based on the actual need
and further discussions with potential appraisers.
T:910.692.5616 I F,910.692.7342 I 300 SW BROAD STREET I SOUTHERN PINES, NC 28388 I WWW.HOBBSUPCHURCH.COM
SUPERIOR PERFORMANCE THROUGH INNOVATIVE DESIGN
14
Mr. Craig Benedict
January 13, 2012
Page -2-
HUA would like to thank Orange County for this opportunity to continue to provide services for
this project and we look forward to working toward this next phase of this project.
If you have any questions, please do not hesitate to contact this office.
Sincerely,
HOBBS, UPCHURCH & ASSOCIATES, P.A.
Bill Lester, Jr., P.E.
Buckhorn Mebane Phase 2
Water& Sewer Improvements
Permitting Schedule
(Revised 6-8-12)
City of Mebane Review •
•
Easement Surveys&Platting
Easement Preparation by County Attorney 1 •
i 1 I
Easement Negotiation and Acquisition
Sewer Permit I •
•
Water Permit
•
Erosion Control
•
Controlled Access Encroachment
•
t--
Secondary Road Encroachment
Stream Crossing(May Not Need) 1-"'
•
•
•
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