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HomeMy WebLinkAbout2013-436 Planning - Terracon Consultants Inc Buckhorn Mebane Utilities Pase 2 Construction Materials Testing $27680 V'/C?.v.v�.Ncl [Departmental Use Only] TITLE Mebane EDD W/S CMT FY 2013-14 NORTH CAROLINA SERVICES AGREEMENT UNDER$90,000.00 ORANGE COUNTY This Services Agreement (herinafter "Agreement"), made and entered into this 1" day of October, 2013, ("Effective Date") by and between Orange County, North Carolina a body politic and corporate of the State of North Carolina (hereinafter, the "County") and Terracon Consultants, Inc, (hereinafter,the "Provider"). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Agreement is for services to be rendered by Provider to County with respect to (insert type of project): Construction Materials Testing related to the Buckhorn Mebane Utilities Phase 2 project. ii) By executing this Agreement, the Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional Revised July 2010 1 quality, accuracy and timely completion and/or submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) Provider agrees that Provider, its employees, agents and its subcontractors, if any, shall be required to comply with all federal, state and local antidiscrimination laws, regulations and policies that relate to the performance of Provider's services under this Agreement. vi) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. 3. Basic Services a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): Construction Materials Testing related to the installation of new water and sewer pipelines to serve Buckhorn Mebane EDD includng 1,500 lineal feet of 16" water line, 2,150 lineal feet of 8" gravity sewer line, 5,100 lineal feet of 12" gravity sewer line, 9,050 lineal feet of 18" gravity sewer line, and 82 sewer manholes. Services outlined per attachment entitled "Proposal for Construction Materials Testing Services --Mebane EDD Water/Sewer" dated May 22nd, 2013. 4. Duration of Services a. Term. The term of this Agreement shall be from June 28th, 2013 to August 31St, 2014. b. Scheduling of Services. i) The Provider shall schedule and perform his activities in a timely manner. ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate his efforts, including providing additional Revised July 2010 2 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 June 28th, 2013. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services under this Agreement except for any authorized Reimbursable Expenses which are defined herein. The maximum amount payable for Basic Services shall not exceed Twenty Seven Thousand Six Hundred Eighty Dollars ($27,680). Payment for Basic Services shall become due and payable within thirty (30) days of Provider properly invoicing County. Payment shall be subject to provisions of Section 5(b). b. Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. c. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated (Kevin Lindley) 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, Revised July 2010 3 iii) Comprehensive Automobile Liability Insurance, including hired and non-owned vehicles, if any, covering personal injury or death, and property damage; and iv) Professional Liability Insurance, covering personal injury, bodily injury and property damage and claims arising out of or related to the performance under this Agreement by the Provider or his agents, Providers and employees. b. Insurance Ratin;;. The minimum insurance rating for any company insuring the Provider shall be Best's A. I the,Provider does not rrieet the_instance a require>Cnents;thi�.0"iurx�' Risk Manager must be ev suited Prior to,inal ing d)i4 Ag:reement° C. Limits of Covera>e. 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 R tk�- applicable $1,000,000 per occurrence 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 Revised July 2010 4 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 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. Revised July 2010 5 d. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. e. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. f. Ownership of Work Product. Should Provider's performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. g. Non-Appropriation. Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the County's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County's legal authority. h. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Provider's Name Attention:Kevin Lindley Terracon Consultants, Inc. P.O. Box 8181 5240 Green's Dairy Road Hillsborough,NC 27278 Raleigh,NC 27616 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: Revised July 2010 6 �i By: By: anager 14 0 Michael Talbert, Interim County Manager A, i.►,� u Printed Name and Ti e 4Thisin ent has be en proved as to technical content. ict, ment Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. A'4_' Office of the Finance Director This instrur>uent Ve_e_i1 approved as to form and legal sufficiency. O e of the County Attorney Revised July 2010 7 Irerracon May 22, 2013 Orange County Financial Services 200 South Cameron Street Hillsborough, NC 27278 Attention: Mr. Jeff Thompson Reference: Proposal for Construction Materials Testing Services Mebane EDD Water/Sewer Washington Street Mebane, North Carolina Terracon Proposal No.: P70130248 Dear Mr. Thompson: Terracon Consultants, Inc. (Terracon) appreciates the opportunity to submit this proposal to provide construction materials testing services for the Mebane EDD Water/Sewer project in Mebane, NC. This proposal outlines our understanding of the project, scope of services, and our estimated costs for our services. A. PROJECT INFORMATION Location Various locations in the vicinity of Mebane, North Carolina Installation of new water and sewer pipelines to serve the Mebane, Construction NC area including 1,500 LF of 16"water line, 2,150 LF of 8"gravity sewer Fine, 5,100 LF of 12 gravity sewer line, 9,050 LF of 18" gravity sewer line, and 82 sewer manholes. B. SCOPE OF SERVICES Based on our conversations, similar past projects, and understanding of the project, we propose to provide the following scope of testing, inspection, and observation services: Earthwork related services will include: Observe proof-rolling operations of subgrade soils and stone before construction of pavement subgrades; Performing laboratory moisture-density relationship, percent fines, and Atterberg limits on proposed fill soils; and v Performing density testing of backfill soils to determine the moisture content and percent compaction of the soil material. Terracon Consultants, Inc. 5240 Green's Dairy Road Raleigh, NC 27616 P [919]873 2211 F [919]873 9555 terracon.corn Proposal for Construction Materials Testing Services Irerracan Mebane EDD Water/Sewer Mebane, North Carolina May 22, 2013 a Terracon Proposal No. P70130248 Concrete related services: r, Field sampling and testing of concrete for slump, air content and temperature; Sets of 5 (4x8 inch) cylinders will be cast every 50 cubic yards poured or daily; w- Observe reinforcing bar detailing prior to concrete placement; including rebar size, spacing and configuration; and Transporting, curing and laboratory testing concrete cylinders at frequency specified. Foundation related services will include: n, Observing footing excavations relative to size, depth, and presence of unsuitable soils (if encountered); x Evaluating bearing soils at the base of selected foundations.by performing dynamic cone penetrometer field testing procedures; and to Observing placement of reinforcing steel relative to number, size and spacing of bars. Asphalt related services: U Asphalt coring to determine thickness and percent compaction of pavements, where requested. The above services will be provided under an as-requested basis. Additionally, we request a 24 hour notice to schedule our services. C. COMPENSATION Observation and material testing services provided will be billed in accordance with the line item unit rates illustrated on the attached Exhibit A — Cost Estimate. Based on the scope of services, we estimate a cost of approximately $27,680 for the quantity and rates illustrated herein. Please note that this is only a budget estimate and not a not-to-exceed price. An overtime premium of 1.5 times the hourly rate will apply for services provided Monday through Friday that are in excess of 8 hours per day and for services provided before 6:00 AM and after 7:00 PM, as well as for services provided on Saturday, Sunday and Terracon recognized Holidays. The quantity of the work performed and factors beyond our control, such as weather and the contractor's schedule/efficiency, will affect the actual cost for our services. You will be invoiced at regular intervals but not less than monthly for services performed. Invoices for our services will be directed to the addressee of this letter unless we are directed otherwise. Payment is due within thirty(30)days following receipt of an invoice. Responsive n Resourceful Reliable 2 Proposal for Construction Materials Testing Services Irerracon Mebane EDD Water/Sewer n Mebane, North Carolina May 22,2013 r Terracon Proposal No. P70130248 D. SITE ACCESS AND SAFETY Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the services and will execute any necessary site access agreement. Terracon will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any third parties, including Client's contractors, subcontractors, or other parties present at the site. Terracon will not supervise or direct the work performed by contractor or its subcontractors and is not responsible for their means and methods. E. AUTHORIZATION This proposal may be accepted by written notification to Terracon. We appreciate the opportunity to be part of your team on this project. Please contact us if you have questions or comments regarding this proposal. Sincerely, Terracon Consultants, Inc. Aaron Ezzell, P , G Aaron C. Layne, PE CMT Project Manager Principal Office Manager Attachments: Exhibit A—Cost Estimate and Unit Rates Responsive a Resourceful n Reliable 3 Irerracon COST ESTIMATE MATERIALS TESTING SERVICES MEBANE EDD WATER/SEWER MEBANE,NORTH CAROLINA TERRACON PROPOSAL:P70130248 Trips/ Unit Type of Services/Testing Samples Hrs/Trip Rate Units cost Soils/Foundations Field Technician 82 4 $40.00 hour $13,120.00 Standard Proctor Compaction Test 10 X $160.00 each $1,600.00 Atterberg Limits Test 10 X $95.00 each $950.00 Percent Fines 10 X $75.00 each $750.00 Nuclear Density Gauge 80 X $35.00 trip $2,800.00 Trip Charges 80 X $0.00 trip $0.00 Subtotal $19,220.00 Concrete Testing Field Technician 5 4 $40.00 hour $800.00 Concrete cylinder lab testing(5 cyl/set) 25 X $14.00 each $350.00 Trip Charges 5 X $0.00 trip $0.00 Subtotal $1,150.00 Asphalt Testing Coring Crew 2 4 $105.00 hour $840.00 Asphalt Core Testing 6 X $25.00 each $150.00 Trip Charges 2 X $0.00 trip $0.00 Subtotal $990.00 Engineering Review/Reports Senior Project Manager(reports and review) 32 X $95.00 hour $3,040.00 Project Engineer(review) 16 X $115.00 hour $1,840.00 Clerical 32 X $45.00 hour $1,440.00 Subtotal $6,320.00 Total Estimate: $27,680.00 Irerracon Construction Materials Testing Services Raleigh, NC UNIT RATE FEE SCHEDULE PERSONNEL/FIELD SERVICES 1. Engineering Technician, per hour..........................................................................................$ 40.00 2. Field Special Inspector, per hour...........................................................................................$ 65.00 3. Nuclear Density Gauge, per day............................................................................................$ 35.00 4. Certified Welding Inspector, per hour....................................................................$ 85.00 5. Ultrasonic Testing, per hour................................................................................$ 90.00 6, Coring Crew, per hour(Concrete/Asphalt, includes equipment)...........................................$ 105.00 7. Asphalt Lab or Roadway Technician, per hour......................................................................$ 65.00 8. Floor Flatness and Levelness testing(Operator and equipment)...................................$ 75.00 9. Project Engineer, per hour..................:..................................................................................$ 115.00 10. Project Manager, per hour.....................................................................................................$ 95.00 11. Senior Project Manager, per hour..........................................................................................$ 105.00 12. Principal, per hour................................................................................ ...............................$ 125.00 13. Senior Principal,per hour.......................................................................................................$ 145.00 14. Clerical, per hour....................................................................................................................$ 45.00 15. Direct Expenses.....................................................................................................................$ 126% 16. Mileage, per mile............................................................................_....................................... No Charge LABORATORY SERVICES 1. Percent Fines(Wash 200 sieve), each..................................................................................$ 75.00 2. Sieve Analysis, each..............................................................................................................$ 100.00 3. Particle Size Analysis(With Hydrometer),each....................................................................$ 150.00 4. Natural Moisture Content Test, each.....................................................................................$ 10.00 5. Atterberg Limits Test,each....................................................................................................$ 95.00 6. Standard Proctor Compaction Test, each.............................................................................$ 160.00 7. Modified Proctor Compaction Test,each..............................................................................$ 185.00 8. Standard Proctor Compaction Test(with Rock Correction),each........................................$ 185.00 9. CBR Testing, per point...........................................................................................................$ 200.00 10. Concrete: a) Compressive Strength Testing of 4"x 8"or 6"x 12"Concrete Cylinders,each............$ 14.00 b) Flexural Strength Testing of Concrete Beams................................................................$ 50.00 c) Compressive Strength Testing of 2"x 2"Mortar Cubes,each.......................................$ 14.00 d) Compressive Strength Testing of Grout Prisms,each...................................................$ 50.00 e) Compressive Strength Testing of Concrete Cores,each...............................................$ 50.00 11. Asphalt: a) Thickness and Density Testing, per sample.................... .................$ 50.00 NOTE: A minimum of 2 hours will be charged for all field technician time. Overtime,at a rate of 1.5 time the standard rate,is charged for technician services for time over 8.0 hours per day,hours prior to 8:00 AM and past 5:00 PM and for Saturdays,Sundays,and holidays. Overtime is not applicable to engineering rates. Project administration rates are for report review, etc. The mileage charge includes vehicle mileage between Terracon's Raleigh office and the job site. The quoted rates will be effective from January 1,2013 to December 31,2013.