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HomeMy WebLinkAbout2013-403 AMS - Civil Consultants for consulting Engineer Services for Animal Services $1,400 . Oho%3 - yo .3 [Departmental Use Only] TITLE Concrete Pad FY 2014 ORANGE COUNTY CONTRACT UNDER$10,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 9TH day of September, 2013, ("Effective Date") by and between Orange County,North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"),party of the first part; and Civil Consultants, Inc. (the "Provider"), party of the second part; WITNESSETH: For the purpose and subject to the terns and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement,time being of the essence: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: as outlined in the attached proposal dated July 25, 2013: Animal Services Facility at 1601 Eubanks Road,Chapel Hill: Consulting Engineering Services for Concrete Pad for Waste Receptacle. The term of this agreement rendered shall be from September 9,2013 to November 30,2013. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities,mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS 1. Pa r,�nent: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed One Thousand Four Hundred Dollars, ($1,400.00). Payment shall be made within thirty (30)days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty,withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non—waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same,nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent Provider, and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers'compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: The Provider shall obtain,at its sole expense, all insurance needed to adequately insure itself during the performance of these services as required by the County's Risk Management Policy. Revised July 2010 1 5. Indernni : The Provider agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. 7. Entire Agreement: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. 8. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County,North Carolina. 9. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate.In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement,then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE COUNTY PROVIDER By: By: Co ty anage Title: try 200 S.Cameron S . Civil Consultants,Inc. P,O.Box 8181 3708 Lyckan Parkway, Suite 201 Hillsborough,NC 27278 Durham,NC 27707 This instrument has been approved as to technical content. Jeffrey Th mpson, apartment 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 instru ant en approved as to form and legal sufficiency. of the 6unty Attorney Re ised duty 2010 2 V-- (OCI)o� ._ consultants LAND DEVELOPMENT CONSULTANTS 13037 AGREEMENT FOR CONSULTING ENGINEERING SERVICES i I Project: Concrete Pad for Waste Receptacle z Orange County Animal Services Facility Chapel Hill, NC t Date: July 25,2013 Client: Orange County Government PO Box 8181 Hillsborough, NC 27278 Attn: Wayne Fenton,Asset Management Services Assistant Director 1 Engineer: Civil Consultants, Inc. 3708 Lyckan Parkway Suite 201 Durham, NC 27707 General Description of Basic Services: Provide engineered drawings and specifications for demolition of a portion of existing concrete slab,and repla cement with a more substantial slab to support a new solid waste receptacle,with protective bollards, located within an existing fenced area. Basic Services under this agreement does not include any regulatory review applications or approvals, design of any enclosure or screening, coordination for or with any contractor, or construction inspection. These services may be added as i Additional Services if desired. Compensation for Basic Services:_ I A. Client shall compensate Engineer on a fixed-fee basis for Basic Services performed, in the amount of$1400.00. B. Billing shall occur upon completion of the work. Payment shall be due within 30 days of invoice date. LAND PLANNERS+CIVIL ENGINEERS 3708 LYCKAN PARKWAY,SUITE 201 DURHAM,NO 27707,PHONE:919.490.1646 LIC.C-1030 WWW.CIVIL-CONSULTANTS.COM Additional Services: Client and Engineer may agree to expand or alter the original scope of work to include Additional Services, by written agreement. Compensation shall be according to Engineer's standard rates, or as otherwise agreed. Upon proper execution below, this document and its attachments shall constitute the binding and complete contract for services between Client and Engineer for the project. lent Engineer Orange County Government Civil Consultants, Inc. By: By- Title: Title: President Date: Date: July 25, 2013 Listing of Attachments: Attachment No. 1 -Schedule of Standard Rates(1 page) Attachment No. 2-Standard Contract Conditions (2 pages) 1 E i ATTACHMENT No.1 CIVIL CONSULTANTS, INC. SCHEDULE OF STANDARD RATES Classification Hourly Rate Principal Engineer $150.00 Engineering Manager $140.00 Land Development Manager $140.00 Professional Engineer $125.00 Senior Designer $115.00 Engineering Intern $100.00 Project Specialist $100.00 r Designer Technician $85.00 Administrator $70.00 i Other Services Standard Rate Large Format Prints $1.50 each 1 Photocopies $0.12 each t Vehicle Mileage $0.60 per mile Mailings/Deliveries/Courier Cost plus 15% Outside Reprographic Services Cost plus 15% Outside Consultant Services Cost plus 15% Payment of Regulatory Fees Cost plus 20% Other Direct Expenses Cost plus 15% Archive Recovery $250.00 1 Electronic Data Transfer $250.00 i E t n 3 ATTACHMENT No.2-STANDARD CONTRACT CONDITIONS APPLICABLE LAWS This Agreement and work described by it shall be governed by the laws of the State of North Carolina, ASSIGNMENT Neither Engineer nor Client may assign or transfer any rights under or interest in this Agreement without the written consent of the other. LIMITATION OF CONTRACT RELATIONSHIP This Agreement, and any work produced or services provided under it, shall not constitute or create any contractual relationship between Engineer and any other party except Client. This Agreement has no third party beneficiaries. Engineer shall have no fiduciary responsibility to Client or any other party. BILLING AND PAYMENT Engineer shall bill Client approximately monthly for services rendered and expenses incurred under this Agreement. Client shall promptly make payment to Engineer. Any objection to an invoice shall be made by Client within 14 calendar days of the invoice date;otherwise Client waives any right to objection.Any invoice not paid within 30 days shall be considered past due and shall accrue interest,payable to Engineer,at a rate of 18%annually beginning from the original invoice date. in the event any portion or all of an account remains unpaid 60 days after the invoice date, Client shall pay all costs of collection,including attorney's fees to the extent allowed by law. STANDARD OF CARE Engineer shall perform services using the customary degree of care, skill, and diligence ordinarily exercised by reputable members of the engineering profession practicing under sunilar circumstances in a similar locality. No other warranty or performance standard shall be applicable regarding the quality of services provided by Engineer under this Agreement. PROJECT SUCCESS Engineer makes no warranty or guarantee that the services provided under this Agreement will result in any particular Project outcome, including receipt of necessary permits from regulatory agencies, satisfactory permit conditions, timeliness of permits and approvals, realization of Project objectives,economic viability,or other measure of success. j ACCESS TO SITE Ij Client has the authority to.grant, and hereby does grant, Engineer and Engineer's employees and consultants, legal and unrestricted access to the Project site for activities necessary for performance of the work under this Agreement. CLIENT-FURNISHED ITEMS Client shall provide in a timely manner any items or Information reasonably necessary for Engineer to execute the work covered by this Agreement, Engineer may use and rely on surveys, reports, and other information provided by j Client or any agent of Client, without having any duty to verify the accuracy or adequacy thereof, and without having ' any liability related thereto. CLAIMS AND DISPUTES ; In the event that any claim or dispute arises between Client and Engineer from the performance of these services,and it cannot be satisfactorily resolved between the parties,it shall then be subject to binding arbitration in accordance with the procedures of the American Arbitration Association. If Client and Engineer agree that Engineer will continue work during any dispute,Client shall continue to pay Engineer for any undisputed work performed. Prior to making any claim for damages totaling more than ten thousand dollars, Client shall first obtain, and include with the notice of claim, a Certificate of Merit from an Independent professional engineer who practices a similar scope of work in the same locality of the Project. The Certificate of Merit shall state that in the independent engineer's opinion, Client has a reasonable basis for claim against Engineer;otherwise the claim shall not be valid. RISK ALLOCATION In recognition of the relative risks and rewards of the Project to each party,Client and Engineer agree to a reasonable risk allocation for all claims,losses,injuries,expenses,costs,judgments,damages,or claim expenses arising out of or i relating to the Project or this Agreement, such that the maximum total aggregate liability of Engineer, and Engineers owners,officers,employees,and consultants,for negligent ads,errors,omissions,breach of contract,or strict liability, f shall be free hundred dollars. In addition, Client and Engineer waive all rights to consequential damages for claims, disputes, or other matters arising out of or relating to this Agreement; and Client and Engineer waive all rights to I damages for any claim against the other,where the damaged party has insurance coverage for the claim. ADDITIONAL SERVICES Any work performed by Engineer that is on,for,or related to the Project or Project site,but not specifically described or anticipated herein,and which is not covered by any other agreement,shall be considered Additional Services to this Agreement,and shall be fully governed by the provisions of this Agreement. 4 INDEMNIFICATION Client shall indemnify and hold harmless Engineer,and Engineer's owners,officers, employees,and consultants from and against any and all claims, losses, injuries, expenses,costs,judgments,damages,or claim expenses arising out of or relating to the Project or this Agreement,if caused in whole or in part by the negligent act,omission,and/or strict liability of anyone except Engineer,or Engineer's owners,officers,employees,or consultants. ENVIRONMENTAL CONDITIONS Engineer's services shall not include Environmental Work to investigate, identify, mitigate, or resolve any environmental hazard or adverse environmental condition related to the Project,whether any such condition is known or unknown;and Engineer shall have no liability related thereto to any party. For purposes of this provision, Engineer's knowledge or documentation of any such condition, or notations by Engineer on Project documents that generally state the requirement for resolution by others,shall not be considered Environmental Work. CONSTRUCTION COSTS Client recognizes that Engineer has no control over market conditions,contractors'methods of bidding,nor the cost of construction labor,equipment, or materials. Consequently, Engineer makes no warranty or other representation that bids or actual construction costs will not exceed any established estimate or budget for the Project, including any estimate prepared by Engineer. Any redesign or value-engineering work requested or required in order to lower construction costs will be performed as Additional Services. CADD FILES AND OTHER ELECTRONIC DATA The delivery of any drawings or other data in electronic format shall not be construed to provide an express warranty or a guarantee that all dimensions,coordinates,measurements, notations,or other data Is exact or complete;nor that the intended or unintended uses or modifications of such data by others implies any review,oversight, or approval by Engineer. In no case shall the transfer, delivery, or receipt of such data provide any right to others to rely upon the electronic information. In all cases,hard-copy drawings shall be the authoritative documents, taking precedence over any electronic data. PROJECT DOCUMENTS All drawings, specifications, reports, and other documents produced pursuant to this Agreement shall be instruments of service provided by Engineer,and consequently are the exclusive property of Engineer. Client is granted license by Engineer for use of the documents,only for the Project site and the intended use thereof. This license shall allow the Ownets contractors, and their subcontractors and suppliers,to use the Project drawings and specifications for normal construction purposes, Project documents may not be used nor relied upon by others except by specific written permission from Engineer, nor shall they be used by anyone in connection with any other project or site. Project documents may require Interpretation by Engineer during project construction,or may need modification in response to changed conditions or regulations,discovery of unknown conditions or regulations,or other cause. ENGINEER'S DUTIES DURING CONSTRUCTION During the course of Project construction, Engineer shall not supervise, direct, control, have authority over, nor be responsible for any contractor's or subcontractor's means,methods,techniques, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of any contractor or subcontractor to comply with contract documents or with laws and regulations applicable to the furnishing or performance of the contractor's work. CERTIFICATIONS Any certification issued by Engineer for this Project shall be understood as a statement of Engineer's professional opinion regarding the condition being certified,based on Engineer's limited knowledge,and based on work performed under the scope of this Agreement No certification issued by Engineer shall constitute an express warranty or i( guarantee to any party,including Client, i SEVERABILITY If any one or more provisions of this Agreement are found to be invalid, illegal, or unenforceable for any reason, all other portions of this Agreement shall remain in effect. Failure by Engineer to enforce any provision of this Agreement shall not constitute a waiver of the provision,or waiver of any other provision or right under this Agreement or in law. TERMINATION Either party may terminate this Agreement, for convenience or for cause. In the event of termination by either party, Client shall pay Engineer for all services performed prior to the time of notice of such termination. In addition, if termination occurs by Client for any reason other than Engineer's negligence, error, omission, or material breach of contrast, Client shall pay Engineer 20% of the remaining unbilied contract amount or estimated fee, as applicable. Upon termination of this Agreement for any reason,Client's license for further use of any Project documents produced under this Agreement shall be immediately revoked;whereupon Client shall not use, nor allow any agent of Client to use,the documents for any purpose,except as may be agreed In writing by Engineer. 1 r SURVIVAL All express and implied waivers,indemnification obligations,limitations,and procedures contained herein shall survive termination of this Agreement for any reason. I 5 / ) ® �'►�� CERTIFICATE OF LIABILITY INSURANCE OP ID SF DATE(MMIDDIYYYY) 08/27/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the poicy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: FAX First Insurance $erV1CPS, Inc. A/C No,Ext: (AIC,NO): P. 0. BOX 13687 ADDRESS: R)D RTP NC 27709 CUSTOMERID#: CIVIL-2 Phone:919-941-0549 Fax:919-941-0135 INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: Penn. Natl. Mutual Cas. Co. 14990 Civil Consultants, Inc. INSURER B: Hartford Casualty Insurance Co 29424 3708 Lyckan Parkway Ste 201 Durham NC 27707 INSURERC: _ INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONOTION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE INSR WV POLICY �(MM/DD/YYY`) (MM/DDIYYXYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $1000000 A X COMMERCIAL GENERAL LIABILITY BP90696427 04/24/13 04/24/14 PREMISES(Ea occurrence) $50000 CLAIMS-MADE F-1 OCCUR M ED EXP(Anyone person) $_5000 PERSONAL&ADV INJURY $ 1000000 GENERALAGGREGATE $2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2000000 POLICY JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 F (Ea accident) A X ANY AUTO AU90696427 04/24/13 04/24/14 BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ F SC HEDULEDAUTOS PROPERTY DAMAGE � X ! HIRED AUTOS (Per accident) $ X NON-OWNED AUTOS $ _ $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $XXX LEXCESS UAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $WC STATU- H-A WORKERS COMPENSATION 22WBCCK0275 EXCLUDE TONY 06/24/13 06/24/14 X TORY LIMITS ER AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVB�YIN WHITAKER,MICHAEL PIOCCOS E.L.EACH ACCIDENT $500000 OFFICER/MEMBER EXCLUDED? – NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500000 KEITH GETTLE DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE ORANGE 6 THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Orange County 306 F Revere Road AUTHORIZED REPRESENTATIVE PO Box 8181 Hillsborough NC 27278 Sandy B. Fisher I ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD