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HomeMy WebLinkAbout2016-139-E DEAPR - ATC Associates of NC, PC for geotech services 000wSWn Envelope ID:OAF 1u8u5-8858-4001-80A5-0044A8C50rE1 [Departmental Use Only] TITLE Hollow Rock Nature Park FY 2016 ORANGE COUNTY CONTRACT UNDER$1,000-00 NORTH CAROLINA THIS AGR-EEMENT, made and entered into this eighth day of Deueouhcr` 2015, ("Effective Date") by and between Orange County, North Carolina, ubodv politic and corporate organized under the laws of the State of North Carolina, (the "County"), party ofthe first part; audATC Associates Of NC, PC (the "P,ovidec"), party of the second part; WITNE S SETH: For the purpose and subject 0o the terms and conditions bsoriuufter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the fh\}ovviug services to the County in accordance with the terms of this Agreement,time being ofthe essence: The services and/or materials and/or construction (hereinafter referred 10 collectively as "Services") to be furnished under this Agreement are as fhUovva: The Provider will provide for the County geoiecboloaJ soil xmnosdiudou observation; documentation and testing ofo6icu1ioua| soil under the parking area at the Future Hollow Rock Nature Park. The term of this agreement rendered shall befrom 12/8/15 to 12/30/15. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this /\g7c000ert in u fully competent, professional and timely manner tuthe satisfaction of the County. Provider shall hcresponsible for all errors or omissions, in the performance of the /\gcc000eot. Provider oba|\ correct any and all errors, omissions, discrepancies, umuhigpkism, nnia1ukem or conflicts at no udddiuuui cost tothe County. Provider agrees that Provider mbaU not sub-contract any of the services to be provided in this Agreement, nor abaU Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS [ : The County uQm:us to pay at the ca1co specified for Services satisfactorily performed in accord with this Agreement. The amount to he paid bythe County shall not exceed 990.00, ($998.00). Pu}musu1 ybuO he made within thirty (30) days of an invoice properly auhznk1od 0» County. Should Provider fail 10 perform its duties under the terms of this Agreement, County may, without fault oz penalty, vvdbbo|d any yayou*ut associated with the work to be performed uu\U such time as said work is completed. 7. Non—waiver: Failure b7 County a1 any time to require the performance hv Provider ufany of the provisions hereof mbuD in no vvuy waive or affect the County's right hereunder to enforce the same, nor abu|1 any waiver by the County of any hreuub be held to be u`pub/er of any succeeding hruuoh or u waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent coNzuonnr` and the County shall not beresponsible for any o[the Provider's acts or omissions. The Provider shall not betreated as an employee with respect tothe 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 hm withheld or paid by the County ou behalf ofthe Provider oothe employees of the Provider. 4[ Insurance: Provider shall obtain, at by sole expense, Coonnooroiul General Liability Insurance, Automobile Insurance, YVocke,o` Compensation Insurance, and any additional insurance aamay Revised 10/14 000wSWn Envelope ID:OAF 1u8u5-8858-4001-80A5-0044A8C50rE1 be required hv Owner's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirement* (each document is incorporated herein 6vreference and may heviewed at . If Owner's Risk Manager determines additional ivanrunoo coverage is required such additional insurance obaU be designated here N/A (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such iuoucaouo is in effect and certification thereof has been received by the Owner's Risk Manager. 5. Indemni : The Provider ugruum to defend, indemnify, and hold bumnlcam Orange County from all \ouoon, Uubilbhco, c1ubne, demands, suits, costs, duouugeo or expenses (including reaeouoh|c ottocom/a fees) udab/g from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in vvbule or in part by any negligent or intentional act or omission on the part of the Provider in carrying out Provider's duties and obligations related tothe Services tobe provided in this Agreement. ( . Termination: This Agreement may be terminated at any time by mutual written agreement of the parties orbv the County upon written notice tothe Provider. 7. Entire Agreement and Signatures: The parties have road this Agreement and agree to he hound by all of its terms, and further agree that it coumdioUea the complete and exclusive utatonosu1 of the Agreement between the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by 1e|efacuiznUe signature. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article llA and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and PriodW. Both parties agree that this Agreement mhuU be governed by the impm of the State of North Carolina. In determining the basic mco'iuem to be provided` should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 4. Nmdhcx party may initiate binding arbitration. Any disputes mhuK be resolved by nonbinding mediation. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated iu the General Court of Justice of North Carolina seated io Orange County,North Carolina. 10. Non Appropriation: Provider acknowledges that County is u governmental entity, and the validity of this Agreement io based upon the availability of public funding under the authority of its statutory mandate. Outhe event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this A@roenueu1 abu1\ uotoruudou1h/ expire without penalty to County immediately upon written notice to Provider uf the unavailability and non-appropriation of public funds. [SIGNATURE PAGE TO FOLLOW] Revised 10/14 DocuSign Envelope ID:OAF 1 2925-8959-4001-86A5-0644A8C56FE 1 IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER F�1DocuSigned by: —DocuSigned by: By: aW, SfaAA,6l By:I r (�Lfb-� — 6epa1 t*wntPirector 2/4-/2016 Titl&7-6ft'47djAF447 2/3/2016 200 S. Cameron St. P.O. Box 8181 Hillsborough,NC 27278 Revised 10/14 DocuSign Envelope ID:OAF 1 2925-8959-4001-86A5-0644A8C56FE 1 7X ATC Associates of North Carolina, PC 2725 E. MIII brook Rd Suite 121 Phone: 919-871-0999 Raleigh, NC 27604 Fax: 919-871-0335 www.atcassociates.com December 8, 2015 Marabeth Carr,ASLA Orange County Dept. of Environment,Agriculture,Parks and Recreation PO Box 8181 Hillsborough,NC 27278 Office(919) 7245-2516 Via Email Email: mcarr@orangecountync.gov RE: Proposal for Construction Materials Testing Hollow Rock Nature Park Parking Area Chapel Hill,NC Dear Marabeth, ATC is pleased to provide you this proposal as requested concerning the subject project. This proposal contains the proposed scope of services and fee schedule. This proposal is based on our previous experience with similar projects in the Asheboro area, and our geotechnical report performed on the subject property. Robert T. Whitley and Benjamin V. Wilson PE and ATC's Raleigh office personnel have over 36 years of experience in this area on similar projects. Based on our previous experience and our knowledge of the project, we propose the following scope of services: SCOPE OF SERVICES We propose to provide qualified engineers and engineering technicians to perform the requested services. The reporting, testing and observation services on this project will be performed in accordance with applicable ASTM, ACI and other applicable standard for testing laboratory services and will include: CONSTRUCTION TESTING SERVICES DocuSign Envelope ID:OAF 1 2925-8959-4001-86A5-0644A8C56FE 1 Proposal for Field Testing,and Observation Services Hollow Rock Park Parking Area,Chapel Hill,NC Earthwork • Observe the site after topsoil has been stripped to verify that objectionable soils have been removed. • Observe, document, and quantify undercut • Observe proof rolling of site prior to fill placement. • Conduct laboratory Proctor tests (ASTM D-698) on representative fill soils. • Test in-place density of fill soils to verify the percent compaction achieved by the contractor. • Report daily soils observation and testing activities to the appropriate project representatives and contractor. • Proof-roll road sub-grade prior to placement of stone base. • Perform compaction testing and measure depth of stone base. PROJECT SERVICING REQUIREMENTS Services will be provided on a full-time basis, or on-call basis, depending upon the level of construction activity. Our project manager will consult with your management team to provide the appropriate level of staffing to meet the project requirements. We request 24-hour notice prior to providing on-call services to allow us to efficiently schedule technicians. Cost estimate: CT Manager 2.0 hrs. at $85/hr: $170 Sr. Technician 16 hrs. at$45/hr: $720 Mileage 180 @ .60/mi.: $108 Total: $998 REPORTING ATC routinely uses field computers with internet and wireless technology to greatly speed reporting of field test results. ATC will file field reports to your office and to the field report distribution list in pdf format usually within two to three days of the on site visit. At the end of the project the complete set of reports will be provided on a CD-Rom disc. If paper copies are required during the course of the project they will be sent via regular mail. The cost of services will be billed on a unit rate basis in accordance with the attached fee cost of services schedule. "ATC 2 of 5 000wSWn Envelope ID:OAF 1u8u5-8858-4001-80A5-0044A8C50rE1 Proposal for Field Testing,and Observation Services Hollow Rock Park Parking Area,Chapel Hill,NC Total cost of services will depend on the number of trips necessary, contractor scheduling weather and other factors. We are prepared to provide services as soon as needed on a full time or on-call basis. GENERAL COMMENTS Attached to this letter, and ao integral panofourpropoael, urmour"Gensra|],ennyundConddions" This letter is the agreement for our services. Your acceptance of this proposal may he indicated by signing and returning one of the dophou1em to us. We are pleased bo have this opportunity to offer our services and look forward to working with you ou the project. Respectfully, ATC Associates of North CsroUna,P.C. Robert T. Whitley Benjamin V.Wi|oou,P.lI. Field Services Manager Pdo i pal Engineer Attachment: 2015Fee8cbedu|e Proposal Acceptance (VIATic 3 of DocuSign Envelope ID:OAF 1 2925-8959-4001-86A5-0644A8C56FE 1 ® [=1'2/9/D01 Y) 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 policy(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 w certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Aon Risk Services Southwest, Inc. PHONE FAX Houston TX Office C.No.Ext): (866) 283-7122 A/C No : (800) 363-0105 $ 5555 San Felipe E-MAIL p Suite 1500 ADDRESS: y Houston TX 77056 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Steadfast Insurance Company 26387 ATC Group Services, LLC INSURER B: Zurich American Ins CO 16535 221 Rue De Jean Suite 200 INSURER C: Lafayette LA 705083283 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570060355091 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 CONDITION OF ANY CONTRACT OR 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. Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDDIYWY MMIDOIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY GLP EACH OCCURRENCE $2,000,000 CLAIM&MADE X❑OCCUR AM RE D $100,000 PREMISES Ea Occurrence MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $2,000,000 rn GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $6,000,000 X POLICY ❑JEC DLOC PRODUCTS-COMP/OPAGG $4,000,000 m OTHER: o ti B BAP-0217109-00 11/13/2015 11/13/2016 COMBINED SINGLE LIMIT r' AUTOMOBILE LIABILITY $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) 0 ALL OWNED SCHEDULED BODILY INJURY(Per accident) AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE V AUTOS Per accident u- d A UMBRELLA LIAB X OCCUR 5X5021707700 11/13/2015 11/13/2016 EACH OCCURRENCE $20,00015-0-0 U X EXCESS LIAB CLAIMS-MADE AGGREGATE $20,000,000 DED RETENTION B WORKERS COMPENSATION AND WCO21711100 11/13 2015 11 13 2016 X PER OTH- EMPLOYERS'LIABILITY Y/N STATUTE I ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 ❑ N/A OFFICER/MEMBER EXCLUDED, N (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Contractor Poll GLP021708500 11/13/2015 11/13/2016 Policy Aggregate $6,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder: orange County, Department of Environment, Agriculture, Parks and Recreation. CERTIFICATE HOLDER CANCELLATION v SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE ti POLICY PROVISIONS. orange County AUTHORIZED REPRESENTATIVE .- Attn: Marabeth Carr, ASLA Landscape Architect 306A Revere Road PO BOX 8181 Hillsborough NC 27278 USA = ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 26(2014/01) The ACORD name and logo are registered marks of ACORD