HomeMy WebLinkAboutAgenda - 05-02-2017 - 6-b - Phase 1 Infrastructure Design, Permitting, Bidding, and Miscellaneous Related Services Contract for the Hillsborough Area Economic Development District 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 2, 2017
Action Agenda
Item No. 6-b
SUBJECT: Phase 1 Infrastructure Design, Permitting, Bidding, and Miscellaneous Related
Services Contract for the Hillsborough Area Economic Development District
DEPARTMENT: Planning, Economic Development
ATTACHMENT(S): INFORMATION CONTACT:
1. Map of Proposed Water and Sewer Craig Benedict, Planning
South of 1-40 in Hillsborough EDD (919) 245-2592
2. McAdams Services Agreement John Roberts, County Attorney
3. McAdams Project Schedule (919) 245-2318
4. Hillsborough Area EDD Project RFQ Steve Brantley, Economic Development
(919) 245-2325
PURPOSE: To consider approving a contract with The John R. McAdams Company, Inc.
(McAdams) for the engineering design, permitting, bidding, and miscellaneous related services
for phase 1 water and sewer infrastructure extensions to serve the Hillsborough Area Economic
Development District (EDD) south and west of the intersection of 1-40 and Old NC 86, as
previously approved during the FY 2015-16 Budget/Capital Investment Plan process at a cost of
$189,770, after review by the County Attorney (Construction phase services will be contracted
at a later date as a potential amendment.).
BACKGROUND: In FY 2015-16, the Planning & Inspections Department requested, through
the Capital Investment Plan (CIP), funding for proposed development in the Hillsborough Area
Economic Development District (EDD). Additional funding was then requested for FY 2017-18,
based on a revised scope and cost estimate for water and sewer infrastructure development.
Estimated construction costs (excluding engineering): $1.5 million to $1.8 million, subject to the
engineering analysis and design. The proposed project schedule is included as Attachment 3.
The Hillsborough Area EDD site is situated just south of Interstate 40 and along old NC 86
(Attachment 1).
In order to provide basic infrastructure support for the Hillsborough Area EDD, there are certain
backbone improvements which are needed including both water and sewer infrastructure. The
Town of Hillsborough will provide water and sewer treatment and maintenance, as well as
proportionately participate financially toward those improvements outside of the EDD, as is
necessary for water system redundancy, adequate pressure, flow and water quality.
This work is the extension of other master planned water, sewer and roadway infrastructure
plans in the area, some of which support the Waterstone Development and the UNC Hospital.
This work is consistent with the planning efforts for the Hillsborough Area EDD, Article 46 sales
tax Economic Development infrastructure initiative, and the area transportation access
management plan, and past and current Orange County Capital Improvement Programs (CIPs).
2
A request for qualifications (RFQ) was advertised on February 22, 2017 (see Attachment 4).
The County received three (3) statements of qualifications (SOQ's) from the following consulting
engineering firms:
The John R McAdams Company, Inc.
Pennoni
McGill Associates, PA
Criteria in evaluating the SOQs included 1) project timeline and understanding of the scope, 2)
previous experience with projects of similar scope and timeline, 3) ability to complete the work
on time considering total workload, 4) approach for successful project completion without any
major technical, legal or budget problems, 5) previous experience with governmental entities
(particularly Orange County and the Town of Hillsborough) and public outreach, and 6)
approach to disadvantaged business enterprises (DBE) and minority and women-owned
business participation.
All of the three responders were selected for interviews, which were conducted on March 20,
2017. The consultants provided PowerPoint presentations and various handouts demonstrating
their approach to the project and touched upon the evaluation criteria noted previously. The
consultants had 50 minutes for each interview which included a question and answer session at
the end. The interview panel was comprised of three representatives from Orange County
(Craig Benedict, AICP, Howard W. Fleming, Jr., PE, and Allison Reinert, PE) and the Town of
Hillsborough Engineering/Public Works Director, Kenny Keel, PE.
Based on the interviews and evaluation criteria, the interview panel unanimously selected
McAdams. County staff proposes to contract with McAdams to perform the required
engineering, surveying, design, easement plats, permitting and bid administration for this
project. The proposed contract is Attachment 2.
FINANCIAL IMPACT: The proposed contract with McAdams is in the amount of $189,770. It is
proposed by the Planning and Inspections Department that the Manager be authorized to
approve minor amendments for additional services or addenda, should they become necessary,
up to the project budget, after review by the County Attorney. The contract will be paid from
Article 46 sales tax infrastructure account, as previously noted in the annual CIP program. This
amount is within prior estimates.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this agenda item:
GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY
The creation and preservation of infrastructure, policies, programs and funding necessary for
residents to provide shelter, food, clothing and medical care for themselves and their
dependents.
Adding water and sewer infrastructure to the Hillsborough Area EDD will result in positive
outcomes related to the above Goal.
RECOMMENDATION(S): The Manager recommends the Board:
1. Approve and authorize the Chair to sign the contract on behalf of the Board, after review
by the County Attorney; and
2. Authorize the Manager to approve minor amendments for additional services or addenda,
should they become necessary, up to the project budget, after review by the County
Attorney.
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Attachment 2
[Departmental Use Only]
TITLE HBO EDD, Ph. 1 W&S
FY 2016-17
NORTH CAROLINA
SERVICES AGREEMENT OVER $90,000.00
RFP/RFQ
ORANGE COUNTY
This Services Agreement (hereinafter "Agreement"), made and entered into this 2nd day of
May, 2017, ("Effective Date") by and between Orange County, North Carolina a political
subdivision of the State of North Carolina (hereinafter, the "County") and The John R. McAdams
Company, 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 Services Agreement ("Agreement") is for professional services to be
rendered by Provider to County with respect to (insert type of project):
Hillsborough Area Economic Development District, Phase 1 Water and Sewer
Extensions Engineering Design, Permitting, Bidding, and Miscellaneous Related
Services.
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
Revised 2/17 1
5
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 of its agents, contractors,
employees, or assigns 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) If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Provider represents that it and/or its
employees, agents and subcontractors engaged in such activities possess such
licenses, certifications, or credentials and that such licenses certifications, or
credentials are current, active, and not in a state of suspension or revocation.
3. Basic Services
a. Basic Services.
i) The Provider shall perform as Basic Services the work and services described
herein and as specified in the County's Request for Proposals or Request for
Qualifications (the "RFP") "RFP Number 5230 for "Hillsborough Area Economic
Development District, Phase 1 Water and Sewer Extensions" issued February 22,
2017, and the Provider's proposal, which are fully incorporated and integrated
herein by reference together with Attachments "A" (designate all attachments). In
the event a term or condition in any document or attachment conflicts with a term
or condition of this Agreement the term or condition in this Agreement shall
control. Should such conflict arise the priority of documents shall be as follows:
This Agreement, the County's RFP together with attachments, Provider's
Proposal together with attachments.
ii) The Basic Services will be performed by the Provider in accordance with the
following schedule: (Insert task list and milestone dates)
Revised 2/17 2
6
Task Milestone Date
1. Preliminary Design 1.5 months following notice to proceed
2. Public Involvement 0.75 month following completion of Task 1
3. Site Survey & Assessment 1.0 month following completion of Task 1
4. Easement Platting 1.5 months following completion of Task 1
5. Geotechnical Investigation 1.0 month following completion of Task 3
6. Construction Documents 1.5 months following completion of Task 3
7. Permitting 5.0 months following completion of Task 6
8. Bidding and Award 2.0 months following completion of Task 7
9. N.A.
10. N.A.
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 May 02, 2017 to the completion of Task
8,but no later than June 30, 2018.
b. Scheduling of Services
i) The Provider shall schedule and perform its 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 its efforts, including providing additional
resources and working overtime, as necessary, to perform its 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 May 02,
2017.
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 One Hundred Eighty-Nine
Thousand, Seven Hundred and Seventy Dollars ($189,770). In the event the amount
stated on an invoice is disputed by the County, the County may withhold payment of all
Revised 2/17 3
7
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 (Craig Benedict, Director,
Planning &Inspections Department) 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. Provider shall obtain, at its sole expense, Commercial General
Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any
additional insurance as may be required by County's Risk Manager as such insurance
requirements are described in the Orange County Risk Transfer Policy and Orange
County Minimum Insurance Coverage Requirements (each document is incorporated
herein by reference and may be viewed at
http://www.orangecountync.gov/departments/purchasing division/contracts.php.) If
County's Risk Manager determines additional insurance coverage is required such
additional insurance shall consist of N/A (if no additional insurance required mark N/A
as being not applicable). Provider shall not commence work until such insurance is in
effect and certification thereof has been received by the County's Risk Manager.
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 property damage or bodily injury including death
to any person or persons caused in whole or in part by the negligence or misconduct of
the Provider except to the extent same are caused by the negligence or willful
misconduct of the County. It is the intent of this provision to require the Provider to
indemnify the County to the fullest extent permitted under North Carolina law.
9. Amendments to the Agreement
Revised 2/17 4
8
a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional
compensation or a change in duration of this Agreement shall be made by a written
Amendment to this Agreement executed by the County and the Provider. The Provider
shall proceed to perform the Services required by the Amendment only after receiving a
fully executed Amendment from the County.
10. 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.
e. Suspension. County may suspend the Basic Services and this Agreement at any time for
County's convenience and without penalty to County upon three (3) days' notice to
Provider. Upon any suspension by County, Provider shall discontinue the Basic
Services and shall not resume the Basic Services until notified to proceed by County.
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.
Revised 2/17 5
9
c. Compliance with Laws. Provider shall at all times remain in compliance with all
applicable local, state, and federal laws, rules, and regulations including but not limited
to all state and federal anti-discrimination laws, policies, rules, and regulations and the
Orange County Non-Discrimination Policy and Orange County Living Wage Policy
(each policy is incorporated herein by reference and may be viewed at
http://www.orangecountync.gov/departments/purchasing division/contracts.php.) Any
violation of this requirement is a breach of this Agreement and County may immediately
terminate this Agreement without further obligation on the part of the County. This
paragraph is not intended to limit and does not limit the definition of breach to
discrimination. By executing this Agreement Provider affirms that Provider and any
subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter
64 of the North Carolina General Statutes. By executing this Agreement Provider
certifies that Provider has not been identified, and has not utilized the services of any
agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-
86.58.
d. 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. Binding arbitration may not
be initiated by either Party, however, the Parties may agree to nonbinding mediation of
any dispute prior to the bringing of a suit or action.
e. Entire Agreement. This Agreement, together with the RFP and its attachments and the
Proposal and its attachments, represents the entire and integrated agreement between the
County and the Provider and supersedes all prior negotiations, representations or
agreements, either written or oral. This Agreement may be amended only by written
instrument signed by both parties. Modifications may be evidenced by facsimile
signatures.
f. 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.
g. 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.
h. 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
Revised 2/17 6
10
expire without penalty to County immediately upon written notice to Provider of the
unavailability and non-appropriation of public funds. It is expressly agreed that County
shall not activate this non-appropriation provision for its convenience or to circumvent
the requirements of this Agreement, but only as an emergency fiscal measure during a
substantial fiscal crisis.
In the event of a change in the County's statutory authority, mandate and/or mandated
functions, by state and/or federal legislative or regulatory action, which adversely affects
County's authority to continue its obligations under this Agreement, then this Agreement
shall automatically terminate without penalty to County upon written notice to Provider
of such limitation or change in County's legal authority.
i. Signatures. This Agreement together with any amendments or modifications may be
executed electronically. All electronic signatures affixed hereto evidence the consent of
the Parties to utilize electronic signatures and the intent of the Parties to comply with
Article 11A and Article 40 of North Carolina General Statute Chapter 66.
j. 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 & Address
Attention: Craig Benedict The John R. McAdams Co.
P.O. Box 8181 2905 Meridian Parkway
Hillsborough, NC 27278 Durham, NC 27713
[SIGNATURE PAGE TO FOLLOW]
Revised 2/17 7
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:
By: By:
Mark Dorosin, Chair, BOCC Greg Sallee, P.E. /Chief Operating Officer
Printed Name and Title
Revised 2/17 8
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Attachment 4 13
ORANGE COUNTY FINANCIAL SERVICES
200 South Cameron Street, Post Office Box 8181 • Hillsborough, NC • 27278
Phone: 919-245-2651 • Fax: 919-644-3324
Request for Qualifications (RFQ), Professional Engineering Services -
Hillsborough Economic Development District— Phase 1 Water and Sewer Extensions
Preliminary Design, Design, Bid and Construction Phase Services
RFQ NO. 5230, PROPOSALS DUE 2:00 PM EST, Tuesday March 7, 2017.
Section I - Introduction
Ladies and Gentlemen:
Orange County is seeking proposals from qualified consultants to provide professional services for
the above referenced project. A selection panel will review and evaluate proposals and submit a
recommendation for a consulting firm for this project to the Orange County Manager. The County
reserves the right to select more than one consultant and/or to divide the scope of services into
design/bid phase and construction phase services.
As part of your statement of qualifications (SOQ), Orange County expects an expression of interest in
and an understanding of the scope outlined herein. It is not necessary to repeat the scope, just
reference the RFQ number.
PROJECT DESCRIPTION:
Hillsborough Economic Development District — Phase 1 Water and Sewer Extensions.
Upon completion, these improvements will be transferred to the Town of Hillsborough for operation
and maintenance.
ESTIMATED CONSTRUCTION COSTS (EXCLUDING ENGINEERING): $1.5 Mil. to $1.8 Mil.,
subject to the engineering analysis and design (services which are herein solicited).
SCOPE OF SERVICES
The project generally consists of the construction of the following elements:
• Approximately 3,800 linear feet of gravity sewer (12"), including a bore & jack under 1-40 and
Old NC 86.
• Approximately 7,900 linear feet of water line (8"), including directional drilling
• Supply and demand analysis for both water and sewer
• Related environmental services
14
General Scope:
1. Study the existing and proposed water system and determine the adequacy of the proposed
preliminary design.
2. Study the existing and proposed sewer system and determine the adequacy of the proposed
preliminary design.
3. Wetlands survey; prepare and provide a USACE-certified delineation, if found.
4. Boundary and topographic surveying, as required to create base sheets and prepare
construction plans, including legal plats for conveyance of easements needed for construction.
5. Construction documents (plans & technical specifications).
6. 100% edit of Orange County's template construction contract and integration with bid
documents to be included in the project/contract manual.
7. Permitting.
8. Easement plats.
9. Bidding and Award services.
10.Construction engineering & inspections (CEI). Construction materials testing (CMT) and
related inspections may be provided by a subconsultant; however, management by the prime
consultant is a requirement, including day-to-day scheduling during construction, as needed.
11.Record drawing preparation.
12.State water and sewer system certifications.
13.In addition to the above duties, Consultant will attend public meetings, Board of County
Commissioners', as well as Town of Hillsborough Board of Commissioners" meetings, and
public hearings and information sessions as may be necessary during the course of the
project.
Detailed Scope Outline:
1. Research and obtain existing water and sewer system records and data from the Town of
Hillsborough.
2. Study and analyze the existing Town of Hillsborough water system and proposed
extensions/cross connections in order to estimate demand and determine the adequacy of the
proposed preliminary design or determine what is otherwise required to provide adequate
domestic and fire water, meeting minimum pressure requirements at peak demand. Prepare a
related report documenting the associated findings and recommendations.
3. Study and analyze the existing Town of Hillsborough sewer system and proposed extensions in
order to estimate demand and determine the adequacy of the proposed preliminary design or
determine what is otherwise required to provide adequate sewer capacity at peak demand.
Prepare a related report documenting the associated findings and recommendations.
4. Perform wetlands survey to determine if such parameters exist along the planned construction
route. If found, perform wetlands delineation, prepare a wetlands delineation map, and obtain
certification of same by the US Army Corps of Engineers.
5. Prepare a pre-construction notice (PCN) for proposed jurisdictional impacts and submit it for
401/404 permit approvals.
6. Prepare easement plats for all properties along the proposed construction route.
2
15
7. Bidding and Construction Documents
a. Perform boundary and topographic surveying and prepare necessary base sheets.
b. Prepare preliminary plan and profiles of the proposed systems.
c. Perform exploratory borings or utilize geophysical surveying methods in order to determine if
existing rock is present within the proposed excavation zones.
d. Prepare final design plans meeting or exceeding the minimum design criteria of the North
Carolina Department of Environmental Quality (NCDEQ), the Town of Hillsborough , and
Orange County.
e. Submit the construction documents for jurisdictional reviews and approvals. Make
corresponding revisions in response to comments, if any.
f. Prepare a project (contract) manual utilizing information provided by the Owner and
Consultant's standard technical specifications.
i. Utilize and Orange County standard format provided by the County Attorney for
construction contract and related special provisions.
ii. Include Orange County requirements for safety, disadvantaged business participation,
and insurance requirements.
g. Perform a detailed quantity takeoff and prepare an Engineer's estimate of probable
construction costs. Update this estimate at each major project submittal. Segregate alternate
bid items, wherever they can be identified, to provide the Owner as much flexibility as possible
in awarding the bid for construction.
8. Bidding and Award Assistance
a. Assist the Owner with formal bidding of the project in accordance with NCGS 143-129.
Prepare an advertisement for bid for circulation in newspapers and other sources as
appropriate. The Owner shall be responsible for the cost of advertising.
b. Distribute bid packages on behalf of the Owner with plans, technical specifications, and
contract documents.
c. Review questions and requests for clarifications from contractors during the bid period and
issue addenda as may be required.
d. Conduct a formal bid opening at the offices of the Owner.
e. Review contractors' bids for completeness. Prepare a bid tabulation and issue to the Owner a
recommendation of award to the lowest responsive, responsible bidder.
f. Upon approval of the recommendation by the Owner, prepare a Notice of Award to be issued
to the successful contractor and contract documents for execution by the successful
contractor.
9. Construction Engineering and Inspections
a. Schedule a Pre-Construction Conference with the Owner, Hillsborough, 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.
b. Schedule quarterly Progress Meetings (four (4) total) with the Owner, Hillsborough, Contractor,
Engineer and all other applicable parties to discuss progression of the project and coordination
matters related to the Project. Prepare and distribute minutes of the Progress Meetings to all
parties.
c. Provide General Administration of Construction Contract. Consult with Owner and act as Owner's
representative as provided in the General Conditions.
d. 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 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.
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e. Based on Engineer's observations as an experienced and qualified professional and on review of
Applications for Payment and accompanying supporting documentation, make recommendation
for amounts to be paid to the Contractor.
f. 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.
g. 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 for
conformance with the Contract Documents and for compatibility with the design
h. Promptly after notice that Contractor considers the entire Work ready for its intended use, in
concert with Owner, Town of Hillsborough, and Contractor, conduct a pre-final observation visit to
determine if the Work is substantially complete. If after considering any objections of Owner and
the Town of Hillsborough, Engineer considers the Work substantially complete, Engineer shall
deliver a certificate of Substantial Completion to Owner, Town of Hillsborough, and Contractor,
along with a punch list of outstanding and/or corrective work necessary for the project to be
considered 100% complete.
i. In company with Owner's and Town of Hillsborough's representatives, 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.
j. Issue instructions to the Contractor from the Owner as to interpretations and clarifications to
the project design plans, specifications and contract documents.
k. Prepare information required to resolve problems due to actual field conditions and to respond
to Requests for Information (RFI) from the Contractor.
I. 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 are excluded.
m. Provide the services of an independent geotechnical and materials testing laboratory to
perform compaction testing as requested by the Owner.
n. 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.
o. Prepare certifications of completion for submission to NCDEQ for final approvals, as
necessary.
p. Prepare for the Owner record drawings showing those changes made during the construction
process, based on the marked-up prints, drawings and other data furnished by the Contractor.
Provide to Owner and Town of Hillsborough one set each of the record drawings, as follows:
One (1) printed copy, one (1) electronic PDF copy and the CAD files.
q. Provide or make available all Project files and information to effect project closeout, including a
final spreadsheet tally of quantities, unit pricing, extended item totals and variances from contract
amounts to corroborate the final adjusting change order, if any.
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10.Construction Material and Geotechnical Testing
a. Independent geotechnical and material testing services will be provided on an "on-call" basis, with
a 24-hour notice to schedule services with a subconsultant.
b. Earthwork related services will include the following:
i. Preform laboratory moisture-density relationship, grain size analysis and Atterberg limits on
proposed fill soils.
ii. Perform density testing on native and fill soils and stone to determine the moisture content
and percent compaction of the soil material.
11.Post-Construction Phase
The Consultant, following the completion of construction of the project will:
a. Compile project inspector logs, site inspection notes, construction photographs and, if not
already provided, a complete reporting of all construction material testing and submit a digital
record of same to the County.
b. Compile all operator's manuals and material information for the project and submit to the
County in hardcopy and digital format.
c. Provide a final accounting of all quantities installed versus bid, including change orders and
related costs.
d. Assist and advise County on release of retainage and the final project reconciliation change
order.
e. Create and seal a set of record (as-built) drawings of the newly completed sewer extension for
submission to the State, Town of Hillsborough and Orange County's records.
f. Provide final certification of the water and sewer construction as required by the various local,
State agencies involved with this project.
OWNER'S RESPONSIBILITIES:
The County shall perform or provide the following:
1. Access to and reproduction of all pertinent records maintained by the County
2. Direction with regard to fundamental project objectives
3. General review of all materials submitted
4. Designate an owner's representative to interface with citizens and press and deal with public
relation issues
5. Timely responses to questions from consultant
6. Assistance in completing permit applications and regulatory review packages that require the
Manager's signature, application and/or permit fees
7. Timely processing for payment all properly submitted and documented applications for
payment
PROJECT TIME LINE:
1. Analysis, Design/Bid Phase: As quickly as possible — schedule to be determined by selected
firm/team
2. Construction Phase: To begin no later than April 1, 2018
3. Construction Duration: 12 months from Notice to Proceed
4. Post-Construction Phase: Record (as-built) drawings and other post-construction engineering
activities shall be completed within 45 days of the end of the Construction Phase.
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Section II - Information About the Firm and Experience
All respondents are requested to provide the information cited below, as well as any supplemental
information that provides a comprehensive view of the prime consultant, the proposed project team
and the approach to this project. The information should be presented in a clear, organized and
concise manner on two-sided paper.
A. General overview of the firm and its experience relative to this project, highlighting experience
working for Orange County or in Orange County.
B. Describe which office will be performing the work for the prime consultant.
C. Specifically address the firm's experience in working with stakeholders and speak to the
composition of those groups (staff, citizens, customer, elected officials, etc.).
D. Note specific project experience with a minimum of five (5) completed projects similar in scope,
providing for each the following information (SF255 or SF330 format acceptable):
1. Project name.
2. Description, including year completed, location, utility type, length/size of lines, number and
capacity of pump stations, and your scope of services provided.
3. Include a complete list of subconsultants and their role/scope of work in the project.
4. Approximate total cost and cost of that portion for which your firm was responsible.
5. Project team involved and specific responsibilities.
6. Client reference and contact information (name of owner's representative, telephone number
and e-mail address)
E. Address the firm's current workload and how this project would fit within the firm's existing work.
Section III - Information About the Proposed Project Design Team
A. Prime Consultant - List the proposed design team and, at a minimum, the following information for
each:
1. Role/project responsibility on this project team.
2. Physical location of each team member.
3. Qualifications.
4. Education.
5. Professional registration, if any.
6. Relative experience, with specific focus on governmental projects.
7. Length of service with present firm. If less than two years, cite name of previous firm.
8. List relative projects completed by each team member during the past five (5) years, complete
with the same information as outlined in Section II. Denote any of the listed projects that were
completed when team member was employed by other than the current firm.
9. Specifically address each team member's experience working with municipalities on similar
projects.
B. Subconsultants
1. Include a complete list of subconsultants and their anticipated role/scope of work in the project.
If a subconsultant is proposed to share work of similar scope, such as design, provide a
projection of the shared scope (i.e. Design 50% Firm/50% Consultant A). Respondents are
expected to present their complete project team in the response.
2. Include a partnering commitment letter for the proposed project scope.
3. Since subconsultant qualifications will be evaluated similarly to the proposing firm's own
design team, please ensure that complete information is included.
4. A description of the plan to involve MBE/WBE firms, including previous teaming experience.
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C. Computer Aided Design (CAD) and Mapping capabilities
Provide a description of the firms experience and, in specific, the proposed teams experience with
the following:
1. The CAD platform you intend to utilize for easement platting and construction plans.
2. Topographic data in North Carolina State plane coordinates, NAD 83 and NAVD 88.
3. The consultant is expected to provide a version of drawings in ESRI shape file format suitable
for ArcMap version 9.3 or current version used by the County. Please address your
experience in exporting shape files.
Section IV - Project Management Approach
Note that Orange County will be responsible for all property owner and media liaison responsibilities.
A. Provide a detailed narrative of the firm's perception of the project requirements.
B. Outline any unique features or conditions that appear to need special attention and that the firm
and proposed project team may be particularly well qualified to address.
C. Verify that your firm can begin services as soon as the construction contract for the project has
been signed and approved by the County Manager or Orange County Board of County
Commissioners, as required.
V - Additional Information
Orange County also would like to invite respondents to share their experience regarding contract
documents and respond to the following in their submission:
1. Preferred standard form of construction contract documents (i.e. EJCDC, AIA, firm standard,
proprietary, etc.)?
2. Preferred guide documents for technical specifications (i.e. EJCDC, AIA, firm standard,
proprietary, etc.)?
3. Postulation as to the effect on fees and schedule, if any, to integrate proprietary construction
agreement, related general conditions, special provisions and/or related proprietary
documents?
4. If the respondent believes integrating proprietary construction contract documents would
increase fees and/or schedule, please provide some order of magnitude in terms of
percentage, for fees, and/or days, for schedule, as compared to standard forms.
Section VI - Minority Businesses
The County of Orange encourages all businesses, including DBE, minority and women-owned
businesses to respond to all Requests for Qualifications. Please provide information on DBE,
minority and women-owned businesses included as sub consultants and any outreach you
performed
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Section VII - Submission Of Statements Of Qualifications (SOQ)
1. Your SOQ must be submitted no later than 2:00 PM EST, Tuesday March 07, 2017 to:
David E Cannell, Purchasing Agent
Financial Services
200 South Cameron Street
PO Box 8181
Hillsborough, NC 27278
2. Statements of qualifications shall include statements of interest, ability to complete the work
within the required time, experience, and qualifications. All qualified firms are invited to submit
as follows:
• Two (2) electronic copies on either two thumb drives or two CD's. The electronic file shall
be in pdf format and shall be a single (binder) file.
• Five (5) hard copies are required (one clearly marked "ORIGINAL"). Hard copies must be
bound with printing on both sides of sheet on recycled paper (with the exception of tab or
divider pages).
3. Proposals received after the set time for receipt shall not be considered and shall be returned
unopened to the proposer.
4. Orange County reserves the right to accept or reject any or all proposals, to waive
irregularities, and to reissue any request for proposals. The County also reserves the right to
select more than one consultant and/or to divide the scope of services into design/bid phase
and construction phase services.
5. Any questions concerning the technical aspects of this project should be directed to:
Mr. David Cannell
Purchasing Agent
PO Box 8181
Hillsborough, NC 27278
(919) 245-2651
Email: dcannell @orangecountync.gov
6. By submitting an SOQ response, the offeror agrees that it shall not be withdrawn for a period
of 90 days following the due date for proposal responses.
7. Attached is a copy of Orange County's standard contract. This document will be utilized to
execute the final agreement between Orange County and the successful Engineering firm.
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Section VIII - Potential evaluation criteria
1. Demonstrated success on projects of similar scope and completed without major legal or
technical problems and under budget
2. Qualifications of individuals assigned to the project team, including subconsultants
3. Relevant governmental experience (North Carolina experience preferred)
4. Capacity of firm and key project personnel to complete this project in a timely manner
considering other work on the board
5. Experience working with governmental entities on land use requirements
6. Demonstrated history of bringing projects in under budget
7. Relevant and easily understood response to proposal and interview
8. DBE, minority and women-owned businesses participation outreach
GENERAL
1. Living Wage. Orange County is committed to providing its employees with a living wage
and encourages agencies it funds to pursue the same goal. A copy of Orange County's
Living Wage Contractor Policy is included
2. HB786 imposes E-Verify requirements on contractors who enter into certain contracts with
state agencies and local governments. The legislation specifically prohibits governmental
units from entering into certain contracts "unless the contractor and the contractor's
subcontractors comply with the requirements of Article 2 of Chapter 64 of the General
Statutes." (Article 2 of Chapter 64 establishes North Carolina's E-Verify requirements for
private employers). It is important to note that the verification requirement applies to
subcontractors as well as contractors. The new laws specifically prohibit governmental
units from entering into contracts with contractors who have not (or their subs have not)
complied with E-Verify requirements. Complete the attached affidavit, and include it with
your submittal.
3. Please complete the attached Iran Divestment Act Certification Requirements And Include
With Your Submittal
ATTACHMENTS:
Exhibit A - Conceptual Design of Hillsborough EDD, Phase 1 Water and Sewer Extensions
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STATE OF NORTH CAROLINA
AFFIDAVIT
ORANGE COUNTY
**************************
I, (the individual attesting below), being duly authorized by and on behalf of
(the entity bidding on project hereinafter"Employer") after first being duly
sworn hereby swears or affirms as follows:
1. Employer understands that E-Verify is the federal E-Verify program operated by the United States
Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify
the work authorization of newly hired employees pursuant to federal law in accordance with NCGS §64-25(5).
2. Employer understands that Employers Must Use E-Verify. Each employer, after hiring an employee to work
in the United States, shall verify the work authorization of the employee through E-Verify in accordance with
NCGS§64-26(a).
3. Employer is a person, business entity, or other organization that transacts business in this State and that
employs 25 or more employees in this State. (mark Yes or No)
a. YES , or
b. NO
4. Employer's subcontractors comply with E-Verify, and if Employer is the winning bidder on this project
Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer.
This day of , 201_.
Signature of Affiant
Print or Type Name:
State of North Carolina Orange County
Signed and sworn to (or affirmed) before me, this the
day of , 2014. v.
My Commission Expires:
°'
Notary Public
23
*****Contractor,Vendor or Bidder—Return This Form With All Other Required Documentation*****
IRAN DIVESTMENT ACT CERTIFICATION REQUIRED BY N.C.G.S.
143C-6A-5(a)
Name of Contractor,Vendor or Bidder:
As of the date listed below, the contractor, vendor or bidder listed above, and all subcontractors
utilized by the contractor,vendor or bidder listed above,is not listed on the Final Divestment
List created by the State Treasurer pursuant to N.C.G.S. 143-6A-4.
The undersigned hereby certifies that he or she is authorized by the contractor,vendor or bidder
listed above to make the foregoing statement.
Signature Date
Printed Name Title
Notes to persons signing this form:
N.C.G.S. 143C-6A-5(a)requires this certification for bids or contracts with the State of North
Carolina, a North Carolina local government, or any other political subdivision of the State of
North Carolina. The certification is required at the following times:
❑When a bid is submitted
❑When a contract is entered into(if the certification was not already made when the vendor
made its bid)
❑When a contract is renewed or assigned
N.C.G.S. 143C-6A-5(b)requires that contractors with the State, a North Carolina local
government, or any other political subdivision of the State of North Carolina must not utilize
any subcontractor found on the State Treasurer's Final Divestment List. The State Treasurer's
Final Divestment List can be found on the State Treasurer's website at the address
www.nctreasurer.com/Iran and will be updated every 180 days.
*****Contractor,Vendor or Bidder—Return This Form With All Other Required Documentation*****
24
Section I: General Government and Administration
Policy 10.0: Living Wage Contractor Policy
Reviewed by: County Attorney/County Manager
Approved by: County Manager
Original Effective Date: April 21, 2016
Revisions:
Policy Statement
It is the policy of Orange County to ensure its employees, and all individuals who provide services for Orange
County, are paid a living wage.
Purpose
To encourage all vendors and contractors to pay a living wage to all employees who perform work pursuant to a
contract with Orange County.
Applicability
Applies to all Orange County contracts and purchases.
Policy
10.1 Living Wage
10.1.1 Orange County is committed to providing its employees with a living wage and encourages all
contractors and vendors doing business with Orange County to pursue the same goal. Orange County's
living wage is $13.16 per hour. To the extent possible, Orange County recommends that contractors
and vendors seeking to do business with Orange County provide a living wage to their employees.
10.1.2 Prior to final execution of a contract with Orange County all contractors and vendors seeking to
do business with Orange County shall submit to the County's representative a statement indicating
whether those employees who will perform work on the Orange County contract are paid at least the
living wage amount set out above. If such employees do not make at least the living wage amount set
out above the contractor or vendor shall indicate in the statement the actual amount paid to such
employees. For bid projects this statement should be submitted as part of the bid packet.
This policy may be reviewed annually and updated as needed by the Manager's Office
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