HomeMy WebLinkAboutAgenda - 01-24-2013 - 5oORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 24, 2013
Action Agenda
Item No. 5 -o
SUBJECT: McGowan Creek Interceptor Proiect — Engineerina Contract Award
DEPARTMENT: Planning, Asset Management PUBLIC HEARING: (Y /N) No
ATTACHMENT(S):
1) McGill Associates Engineering
Contract
2) Map Showing Location of McGowan
Creek Interceptor Project
1
INFORMATION CONTACT:
Craig Benedict, Planning (919) 245 -2592
Kevin Lindley, Planning (919) 245 -2583
Jeff Thompson, AMS (919) 245 -2658
PURPOSE: To consider:
• Awarding the engineering contract to McGill Associates of Hickory, NC in the amount of
$94,200 for the design, permitting, bid management and construction phase
management of the McGowan Creek Interceptor project;
• Approve funding the project's design costs and other costs within budget out of County
funds until the State Revolving Fund (SRF) Loan process is finalized; and
• Authorize the Chair to sign the contract on behalf of the Board of County Commissioners,
subject to final review by the County Attorney.
BACKGROUND: On August 23, 2011, the BOCC approved proceeding with this project as
part of the Central Efland /North Buckhorn Sewer project. The project consists of
decommissioning the 25 year old McGowan Creek PS (pump station), installing approximately
2,500 feet of 12 inch gravity sewer line between the existing McGowan Creek PS on Efland-
Cedar Grove Road and the newly constructed Brookhollow PS on Brookhollow Road, rerouting
all the flow that had come to the McGowan Creek PS into the new 12 inch sewer line, and
connecting the new 12 inch sewer line into the Brookhollow PS. This project will allow the
County to eliminate the McGowan Creek PS from the Efland System, saving the capital cost of
rehabilitating the 25 year old McGowan Creek PS as well as the yearly maintenance and repair
costs.
Eliminating the McGowan Creek PS will improve the Efland System's capital asset integrity and
bring the County one step closer to the transition of the Efland System operation to the City of
Mebane. The pipeline which will connect the Efland Sewer system to the City of Mebane sewer
system (separate project) is currently under design. Once complete, the City of Mebane will
take over operation of the Efland Sewer System thereby saving the County approximately
$100,000 per year which is currently used to cover operating expenses for the Efland Sewer
System. Because the Efland system will be turned over to the City of Mebane, this McGowan
Creek Interceptor and other extensions to the existing Efland system will be designed according
to City of Mebane specifications and in consultation with the Mebane's engineer and public
works staff.
When the project was approved, it was to be funded using the Central Efland /North Buckhorn
SRF loan. The bids for that project were significantly lower than projected, which left room in
the total loan amount to finance this project. In discussions with the State Infrastructure
Finance Division regarding adding this project to the Central Efland project, the State requested
that the County instead apply for a separate SRF loan to fund this project. Work was done to
this end, and the BOCC approved a Resolution on March 13, 2012 requesting a separate SRF
loan for the McGowan Creek Interceptor project. Since that time, the loan has been approved
and the value of the project ($755,450) has been added to the County's approved Capital
Investment Plan (CIP). This amount includes engineering, easement acquisition and
construction costs.
Loan Timeline: The SRF Loan program has a specific timeline which includes several
milestones. The County is well situated to meet all the milestones, but the loan money will not
become available until the State approves the construction contract for this project. This is a
reimbursement loan, so the money spent on the project between now and the approval of the
contract can be reimbursed once the loan funds are released. However, there will be expenses
incurred before then, most notably this engineering contract. These expenses will have to be
paid from the County General Fund until the SRF Loan funds are released.
The following timeline represents the State SRF required project delivery and completion
milestones:
TASK
END BY DATE
BOCC Action: McGowan Creek Interceptor Engineering Contract
Approved
1/24/13
Construction Drawings and Specifications submitted to State
6/3/13
Construction Drawings/Specifications/Perm its approved by State
9/2/13
Advertise, Bid, Receive Bids and Receive State Authority to Award
12/2/13
BOCC Action: Award Contract for Construction
12/10/13
Execute Construction Contracts
1/2/2014
It is anticipated that the project will proceed more rapidly than these required deadlines and be
ready to award earlier than the milestone date shown above, but these dates represent the
worst case scenario. Missing any of these State SRF deadlines will result in forfeiture of the
SRF loan funding. The actual construction time is expected to be 6 -7 months, depending on
the weather and the subsurface conditions encountered.
FINANCIAL IMPACT: The full project cost of $755,450 has been included in the FY2012 -13
Capital Improvement Project budget. The CIP budget has a line item of $75,000 for
Professional Services, which was an initial estimate of the engineering costs when the CIP
project was created. This will need to be increased to cover the $94,200 for this engineering
contract for McGill Associates. However, the estimated Construction cost of $630,450 for this
project in the CIP included some Construction Phase engineering services, so reducing the
Construction line item by $19,200 and transferring this amount to the Professional Services line
item would be appropriate as part of the upcoming 2013 -14 CIP process. As noted above, the
SRF loan funds will not be available until the construction contract has been signed, so any
K
expenses incurred between now and then would need to be covered by the County's General
Fund or debt financing.
RECOMMENDATION(S): The Manager recommends that the Board:
1.) Award the engineering contract to McGill Associates of Hickory, NC in the amount of
$94,200 for the design, permitting, bid management and construction phase
management of the McGowan Creek Interceptor project;
2.) Approve paying for this project's engineering costs and other incurred costs out of
County funds until the State Revolving Fund (SRF) Loan process is finalized; and
3.) Authorize the Chair to sign the contract on behalf of the Board of County
Commissioners, subject to final review by the County Attorney.
Attachment 1
Interceptor Engineering
NORTH CAROLINA
ORANGE COUNTY
[Departmental Use Only]
TITLE McGowan Creek
FY 2013
SERVICES AGREEMENT OVER $90,000.00
RFP — NO REIMBURSABLE EXPENSES
This Services Agreement (hereinafter "Agreement "), made and entered into this 24th day of
January, 2013, ( "Effective Date ") by and between Orange County, North Carolina a body politic
and corporate of the State of North Carolina (hereinafter, the "County ") andMcGill Associates,
(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 Services Agreement ( "Agreement ") is for professional services to be
rendered by Provider to County with respect to (insert type of project):
Engineering Services for the McGowan Creek Interceptor project as described in
the Letter Proposal for Engineering Services from McGill Associates dated
December 17, 2012, hereby incorporated by reference into this contract.
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.
Revised July 2010
M
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
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
herein and in the Provider's proposal,
herein by reference. In the event
Services the work and services described
which are fully incorporated and integrated
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. Should such conflict arise the priority
of documents shall be as follows: This Agreement, Provider's Proposal together
with attachments, if any.
Revised July 2010 2
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.
Complete Project Area Survey
2/15/2013
2.
Complete Sewer Routing and
Preliminary Design
3/1/2013
3.
Easement Map Preparation
3/15/2013
4.
Complete Design
4/26/2013
5.
Plans Submitted for Permitting
4/30/2013
6.
Permits Approved
7/31/2013
7.
Bidding Phase Complete
10/15/2013
8.
Construction Phase Begins
12/1/2013
9.
Construction Phase Ends
8/1/2014
10. Project Closeout, As- Builts
and Final Certification
9/1/2014
iii) Should County reasonably determine that Provider has not met the Milestone
Dates established in Section 3(a)(ii), 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 January 24, 2013 to September 1, 2014.
b. Scheduling of Services
i) The Provider shall schedule and perform his activities in a timely manner so as to
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 January 24,
2013.
Revised July 2010 3
7
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.
The maximum amount payable for Basic Services is Ninety Four Thousand, Two
Hundred Dollars ($94,200.00). 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(a)(ii) are achieved. (For example, if there are 10 Project Tasks
with Milestone Dates then Provider may invoice for the first 10% of the whole upon
County's acknowledgement of the satisfactory completion of Task one. Upon the
County's acknowledgement that the second Task has been satisfactorily completed
Provider may invoice for the next 10% of the whole.)
b. 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 the (County Staff Engineer)
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;
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.
Revised July 2010 4
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
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 Manager 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
shall proceed to perform the Services required by the Amendment only after receiving a
fully executed Amendment from the County.
10. Termination
Revised July 2010
9
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.
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
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.
d. 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
Revised July 2010
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: Kevin Lindley, PE
Planning Department
P.O. Box 8181
Hillsborough, NC 27278
Revised July 2010 7
Provider's Name & Address
Mr. Douglas Chapman, PE
Senior Project Manager
McGill Associates, P.A.
1236 19th Street, Lane NW
Hickory, NC 28601
10
11
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:
I:
Barry Jacobs, Chair
Orange County Board of Commissioners
Attest:
Donna Baker, Clerk to the Board
[SEAL]
1
Printed Name and Title
This instrument has been approved as to technical content.
Craig Benedict, Planning and Inspections Department Director
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.
Office of the County Attorney
Revised July 2010 8
12
"'Mc( -I Me
�Y
E _
A S S O C I A T E S
December 17, 2012
Mr, Jeff Thompson
Orange County
200 South Cameron Street
Hillsborough, North Carolina 27278
RE: Proposal for Engineering Services
McGowan Creek Interceptor
Orange County, North Carolina
Dear Mr. Thompson:
Pursuant to your request, we are pleased to provide you with this proposal for
engineering services for the McGowan Creels Interceptor Project. We understand that the project
will be funded by NCDENR Infrastructure Finance Section. We further understand that the
project generally consists of the construction of approximately 2,420 linear feet of 12 -inch
gravity sewer along McGowan Creels from Cedar Grove Efland Road to the Brookhollow Pump
Station and abandonment of the existing McGowan Pump Station, all in the Efland area of
Orange County.
We anticipate providing the following Scope of Services:
Design and Permitting Phase
hase
❑ Consult with the OWNER to fully determine their requirements for the project and to
discuss the possible phasing, coordination, approvals and other preliminary matters.
❑ Coordinate and conduct coordination meetings with the OWNER as needed to establish
communication lines, meet with project team members, define project schedules and
gather initial data and information from the OWNER.
❑ Coordinate the provision of any subsurface investigation by others, if any, including
assisting with solicitations and preparing site maps identifying locations for testing.
❑ Prepare complete bid documents, contract documents, technical specifications and
construction drawings to detail the character and scope of the work of the Project as
determined in the Engineering Report.
E n g i n e e y i n g ® P l a n n i n g F i n a n c e
HcGill Associates, P.A. • P,O. Box 1136, Hickoi)� NC 28603 - 1240 19th St. Lane NH; Hickory, NC 28601
Office; 828 - 328 -2024 - Fax; 828 - 328 -3870
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Mr. Jeff Thompson
December 17, 2012
Page 2
❑ Review design documents described above with the OWNER for comments and approval at
milestones throughout the design phase of the project.
❑ Perform an internal quality control and constructability review, of the project.
❑ Prepare opinion of probable cost upon submission of plans and specifications to
NCDENR Infrastructure Finance Section, and advise the OWNER of any adjustment of
the Project cost caused by changes in scope, design requirements or construction costs.
• Furnish two (2) hard copies and one (1) electronic copy of the final design documents to the
OWNER.
• Prepare and submit permit application and supporting documents to NCDENR
Infrastructure Finance Section on or before June 3, 2013, to obtain the construction
approval.
❑ Prepare and submit permit application, supporting documents, and permit fees to NCDENR
Land Quality Section to obtain the erosion and sediment control approval.
❑ Prepare and submit Encroachment Agreement and supporting documents to NCDOT to
obtain said Agreement.
❑ Prepare and submit 401 and 404 permit applications and supporting documents to NCDENR
Division of Water Quality and/or US Army Corps of Engineers for stream crossings and
impacts, if required.
❑ Respond to review agency comments and modify documents as necessary to achieve permit
approval
Easement Acquisition Phase
❑ Prepare survey maps for approximately five (5) parcels for use in acquisition of
easements for construction of the project.
Bidding and Award Phase
❑ Assist the OWNER with outreach to Disadvantaged Business Enterprise (DBE) contractors
in accordance with SB 914.
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Mr. Jeff Thompson
December 17, 2012
Page 3
❑ Assist the OWNER in advertising, receiving, opening and evaluating bids.
❑ Schedule a Pre -Bid Conference with the all prospective bidders and the OWNER to address any
bidding questions.
❑ Consult with, and advise the OWNER as to the acceptability of contractors and subcontractors
and make recommendations as to the lowest, responsive, responsible bidder.
❑ Coordinate funding, DBE, and award documentation with NCDENR Infrastructure Finance
Section. .
❑ Assist the OWNER in the final preparation and execution of construction contracts and in
checking Performance and Payment Bonds and Insurance Certificates for compliance.
❑ Schedule a Pre - Construction Conference with the OWNER, Contractor, ENGINEER and all
other applicable parties to assure discussion of all matters related to the Project. Prepare and
distribute minutes of the Pre - Construction Conference to all parties.
Construction Phase
❑ Provide General Administration of Construction Contract. Consult with OWNER and act as
OWNER's representative as provided in the General Conditions. The extent and limitations of
the duties, responsibilities, and authority of ENGINEER as assigned in the General Conditions
shall not be modified, except as ENGINEER may otherwise agree in writing. All of OWNER's
instructions to Contractor will be issued through ENGINEER, which shall have authority to act
on behalf of OWNER in dealings with Contractor to the extent provided in this Agreement and
the General Conditions except as otherwise provided in writing. ENGINEER shall not be
responsible for the acts or omissions of any Contractor, or of any subcontractors, suppliers, or
other individuals or entities performing or furnishing any of the Work. ENGINEER shall not be
responsible for the failure of any Contractor to perform or furnish the Work in accordance with
the Contract Documents.
❑ Provide a Construction Field Representative (CFR) to periodically observe the progress and
quality of the executed work and to determine in general if the work is proceeding in accordance
with the Contract Documents. During such visits and on the basis of on -site observations as an
experienced and qualified design professional, keep the OWNER informed of the progress of
the work, and endeavor to guard the OWNER against defects and deficiencies in the work of the
Contractor.
❑ The purpose of ENGINEER's visits and the representation by the Construction Field
Representative, (CFR), will be to enable ENGINEER to better carry out the duties and
responsibilities assigned to and undertaken by ENGINEER during the Construction Phase, and,
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Mr. Jeff Thompson
December 17, 2012
Page 4
in addition, by the exercise of ENGINEER's efforts as an experienced and qualified design
professional, to provide for OWNER a greater degree of confidence that the completed Work
will conform in general to the Contract Documents and that Contractor has implemented and
maintained the integrity of the design concept of the completed Project as a functioning whole
as indicated in the Contract Documents. ENGINEER shall�not, during such visits or as a result
of such observations of Contractor's Work in progress, supervise, direct, or have control over
Contractor's Work, nor shall ENGINEER have authority over or responsibility for the means,
methods, techniques, sequences, or procedures of construction selected or used by Contractor,
for security or safety, for safety precautions and programs incident to Contractor's Work, nor for
any failure of Contractor to comply with Laws and Regulations applicable to Contractor's
furnishing and performing the Work. Accordingly, ENGINEER neither guarantees the
performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish
and perform the Work in accordance with the Contract Documents, However, ENGINEER shall
give prompt notice to the OWNER whenever ENGINEER observes or otherwise becomes
aware of any defect in the Project or of any material deviation of Contractor's work from the
Contract Documents.
❑ Based on ENGINEER's observations as an experienced and qualified design professional and
on review of Applications for Payment and accompanying supporting documentation:
• Determine the amounts that ENGINEER recommends Contractor be paid. Such
recommendations of payment will be in writing and will constitute ENGINEER's
representation to OWNER, based on such observations .and review, that, to the best
of ENGINEER's knowledge, information and belief, Contractor's Work has
progressed to the point indicated, the quality of such Work is generally in
accordance with the Contract Documents (subject to an evaluation of the Work as a
functioning whole prior to or upon Substantial Completion, to the results of any
subsequent tests called for in the Contract Documents, and to any other
qualifications stated in the recommendation), and the conditions precedent to
Contractor's being entitled to such payment appear to have been fulfilled in so far as
it is ENGINEER's responsibility to observe Contractor's Work. In the case of unit
price work, ENGINEER's recommendations of payment will include final
determinations of quantities and classifications of Contractor's Work (subject to any
subsequent adjustments allowed by the Contract Documents).
By recommending any payment, ENGINEER shall not thereby be deemed to have
represented that observations made by ENGINEER to check the quality or quantity
of Contractor's Work as it is performed and furnished have been exhaustive,
extended to every aspect of Contractor's Work in progress, or involved detailed
inspections of the Work beyond the responsibilities specifically assigned to
ENGINEER in this Agreement and the Contract Documents. Neither ENGINEER's
review of Contractor's Work for the purposes of recommending payments nor
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Mr. Jeff Thompson
December 17, 2012
Page 5
ENGINEER's recommendation of any payment including final payment will impose
on ENGINEER responsibility to supervise, direct, or control Contractor's Work in
progress or for the means, methods, techniques, sequences, or procedures of
construction or safety precautions or programs! incident thereto, or Contractor's
compliance with Laws -and Regulations applicable to Contractor's furnishing and
performing the Work. It will also not impose responsibility on ENGINEER to make
any examination to ascertain how or for what purposes Contractor has used the
moneys paid on account of the Contract Price, or to determine that title to any
portion of the Work in progress, materials, or equipment has passed to OWNER free
and clear of any liens, claims, security interests, or encumbrances, or that there may
not be other matters at issue between OWNER and Contractor that might affect the
amount that should be paid.
• Recommend to OWNER that Contractor's Work be rejected while it is in progress if, on the
basis of ENGINEER's observations, ENGINEER believes that such Work will not produce a
completed Project that conforms generally to the Contract Documents or that it will threaten the
integrity of the design concept of the completed Project as a functioning whole as indicated in
the Contract Documents.
• The total construction contract time is assumed to be five (5) months. As part of this contract,
field observation will be provided by a CFR on a limited, part -time basis during active work.
Additional requested CFR time will be considered Additional Services under Section 3 of this
Agreement.
• Recommend Change Orders and Work Change Directives to Owner, as appropriate, and prepare
Change Orders and Work Change Directives as required.
• Review and take action in respect to Shop Drawings and Samples and other data which
Contractor is required to submit, but only for conformance with the information given in the
Contract Documents and compatibility with the design concept of the completed Project as a
functioning whole as indicated by the Contract Documents. Such reviews and any approvals or
other action will not extend to mans, methods, techniques, sequences, or procedures of
construction or to safety precautions and programs incident thereto. Review of Shop Drawings
and Samples identified as frivolous in the General Conditions of the construction contract
documents, or review of substitute materials as defined in the same, shall be deemed as
Additional Services.
• Promptly after notice that Contractor considers the entire Work ready for its intended use, in
company with OWNER, Infrastructure Finance Services, and Contractor, conduct a pre -final
observation visit to determine if the Work is substantially complete. If after considering any
objections of OWNER, ENGINEER considers the Work substantially complete, ENGINEER
17
Mr. Jeff Thompson
December 17, 2012
Page 6
shall deliver a certificate of Substantial Completion to OWNER, Infrastructure Finance
Services, and Contractor.
❑ In company with OWNER's and Infrastructure Finance Services' representative, conduct a final
observation visit to' determine if the completed Work of Contractor is acceptable so that
ENGINEER may recommend, in writing, final payment to Contractor. Accompanying the
recommendation for final payment, ENGINEER shall also provide a notice that the Work is
acceptable to the best of ENGINEER's knowledge, information, and belief and based on the
extent of the services provided by ENGINEER under this Agreement.
❑ Schedule monthly construction progress meetings during active work periods with the
OWNER, Infrastructure Finance Services, Contractor, ENGINEER and all other applicable
parties discuss matters related to the Project. Prepare and distribute minutes of the meeting
to all parties.
❑ Issue instructions to the Contractor from the OWNER as to interpretations and clarifications
to the project design plans, specifications and contract documents.
❑ Render formal written decisions on all duly submitted issues relating to the acceptability of
Contractor's work or the interpretation of the requirements of the Contract Documents
pertaining to the execution, performance, or progress of Contractor's Work; review each duly
submitted Claim by OWNER or Contractor, and in writing either deny such Claim in whole or
in part, approve such Claim, or decline to resolve such Claim if ENGINEER in its discretion
concludes that to do so would be inappropriate. In rendering such decisions, ENGINEER shall
be fair and not show partiality to OWNER or Contractor and shall not be liable in connection
with any decision rendered in good faith in such capacity.
❑ Prepare information required to resolve problems due to actual field conditions and to
respond to Requests for Information (RFI) from the Contractor.
❑ Coordinate and track the testing of pipelines and placing same into service for the project.
Additional visits required due to work not being ready for testing, retesting, or Contractor
scheduling conflicts shall be considered Additional Services.
❑ Review the Contractor's final application for payment and make recommendation as to
approval once all issues with the project final observation site visit have been completed and
resolved.
❑ Assist the OWNER in the selection and coordination of an independent geotechnical and
materials testing laboratory to be provided at the OWNER's expense.
Mr. Jeff Thompson
December 17, 2012
Page 7
❑ Require such testing of Contractor's work as deemed reasonably necessary, and receive and
review all certificates of inspections, tests, and approvals required by Laws and Regulations or
the Contract Documents. ENGINEER's review of such certificates will be for the purpose of
determining that the results certified indicate compliance, with the Contract Documents and will
not constitute an independent ,evaluation that the content or procedures of such inspections,
tests, or approvals comply with the requirements of the Contract Documents. ENGINEER shall
be entitled to rely on the results of such tests.
❑ Review and determine the acceptability of any schedules that Contractor is required to
submit to ENGINEER, including Progress Schedule, Schedule of Submittals and Schedule of
Values.
❑ Prepare for the OWNER a set of record drawings showing those changes made during the
construction process, based on the marked -up prints, drawings and other data furnished.
❑ Provide or make available all Project files and information to effect project closeout.
BASIS OF COMPENSATION
We anticipate performing the scope of services for the following lump sum fees:
1. Design and Permitting Phase
Engineering Fee: $35,000.00
2. Easement Acquisition Phase
Engineering Fee: $4,000.00
3. Bidding and Award Phase
Engineering Fee: $9,200.00
4. Construction Phase
Engineering Fee: $46,000.00
Total Fixed Fee: $94,200.00
Payment shall be made monthly as work progresses.
19
Mr. Jeff Thompson
December 17, 2012
Page 8
The above fee does not include the following additional services. Should these services be
needed, we will furnish or obtain from others additional services of the following types, which are
not considered Basic Services under this proposal, and will be completed in accordance with our
regular fee schedule, upon your authorization.
❑ Additional services resulting from significant changes in general scope of the Project or its
design including, but not limited to, changes in size, complexity, OWNER's schedule, or
character of construction.
❑ Revising previously approved studies, reports, design documents, drawings or specifications,
when such revisions are due to causes beyond the control of the ENGINEER.
❑ Provide engineering design services related to change orders, work directives and field orders
resulting in a change in the Contractor's scope of work or contract amount, or modifications
to the contract documents that require engineering design, permitting and other engineering
services
❑ Additional or extended services during construction occurring beyond the original completion
timefiame and date if such delay is due to prolongation of the construction contract or default by
the Contractor.
❑ Contacting or meeting with property owners regarding easements, or assisting with acquisition
beyond preparing easement maps.
❑ Providing any geotechnical and subsurface investigations, and any other environmental site
surveys necessary for the construction of the project.
❑ Preparing to serve or serving as a witness for the OWNER in any litigation, condemnation or
other legal or administrative proceeding involving the Project.
❑ Additional services in connection with administering project funding.
❑ Providing engineering or other professional services as required for changes or modifications
to the project design plans, specifications and contract documents.
This proposal assumes that the following items will be provided by the OWNER;
❑ Provide full information as to the requirements for the Project.
❑ Assist the ENGINEER by placing at his disposal in a timely manner all available information
pertinent to the Project including previous documents and any other data relative to the
evaluation, design, and construction of the Project.
P
Mr. Jeff Thompson
December 17, 2012
Page 9
❑ Designate a person to act as OWNER's representative with respect to the work to be performed
under this Agreement; and such person shall have complete authority to transmit instructions,
receive information, interpret and define OWNER's policies and decisions pertinent to the
services in this Agreement.
❑ Examine all documents presented by the ENGINEER and render decisions and comments
pertaining thereto within a reasonable time so as not to delay the services of the ENGINEER.
❑ Obtain any subsurface geotechnical investigations, materials testing, or other types of testing
and analysis needed for the Project.
❑ Provide such legal, accounting and insurance counseling services as may be required for the
Project, and such auditing services as may be required to ascertain how or for what purpose any
Contractor has used the monies paid to him under the construction contract.
❑ Give prompt notice to the ENGINEER whenever the OWNER observes or otherwise becomes
aware of any defect in the Project.
❑ Furnish approvals and permits from all governmental authorities having jurisdiction over the
Project and such approvals and consents from others as may be necessary for completion of the
Project,
❑ Direct the ENGINEER to provide necessary Additional Services or other services as required.
❑ Bear all costs incidental to compliance with the requirements of the OWNER's responsibilities.
Mr. Jeff Thompson
December 17, 2012
Page 10
Thank you for the opportunity to provide this proposal for this important project. If you
find this proposal acceptable, please send an executed copy of this proposal to our office as your
authorization to proceed.
Sincerely,
MXILL ASSOCIATE, P.A.
DOUCIL CHAPIIAN, P.E.
Senior ,ect Manager
Attachments: Basic Rate Schedule
Accepted by:
ORANGE COUNTY
Mr.Frank Clifton, County Manager
Date
21
22
Mr. Jeff Thompson
December 17, 2012
Page 11
BASIC FEE SCHEDULE
PROFESSIONAL FEES
Senior Project Manager
Project Manager
Project Specialist
Financial Analyst
Senior Project Engineer
Project Engineer
Engineering Associate
Senior Engineering Technician
Engineering Technician
Senior Planner
Associate Planner
Property Specialist
Planner
Construction Services Manager
Senior Construction Administrator
Construction Administrator
Construction Document Coordinator
Administrative Assistant
Senior Construction Field Representative
Construction Field Representative
Surveying Services Manager
Survey Manager
Project Surveyor
Surveying Associate
Senior Survey Technician
Survey /GIS Technician
Survey Rodman
Electrical Services Manager
Firm Principal
Finance Officer
Senior CADD Operator
CADD Operator
Clerical
Hourly Rate
$155.00
$135.00
$135.00
$100.00
$120.00
$105.00
$ 85.00
$ 90.00
$ 75.00
$100.00
$ 85.00
$ 65.00
$ 70.00
$125.00
$100.00
$ 80.00
$ 60.00
$ 60.00
$ 75.00
$ 65.00
$155.00
$105.00
$ 90.00
$ 75.00
$ 65.00
$ 55.00
$ 45.00
$155.00
$180.00
$ 90.00
$ 75.00
$ 65.00
$ 50.00
I. EXPENSES
A. Mileage - $0.55 /mile
B. Robotics /GPS Equipment - $25 /hr.
C. Telephone, reproduction, postage, lodging, and other incidentals shall be a direct charge per
receipt.
II. ASSOCIATED SERVICES - Associated services required by the project such as soil analysis, materials
testing, etc., shall be at cost plus ten (10) percent.
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