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HomeMy WebLinkAbout2017-161-E Planning - The John R. McAdams Company, Inc. for design, engineering, etc., services DocuSign Envelope ID:B33C2AA1-09B9-433D-9621-57B8AAED14FB [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 DocuSign Envelope ID:B33C2AA1-09B9-433D-9621-57B8AAED14FB 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 DocuSign Envelope ID:B33C2AA1-09B9-433D-9621-57B8AAED14FB 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 DocuSign Envelope ID:B33C2AA1-09B9-433D-9621-57B8AAED14FB 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 DocuSign Envelope ID:B33C2AA1-09B9-433D-9621-57B8AAED14FB 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 DocuSign Envelope ID:B33C2AA1-09B9-433D-9621-57B8AAED14FB 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 DocuSign Envelope ID:B33C2AA1-09B9-433D-9621-57B8AAED14FB 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 DocuSign Envelope ID:B33C2AA1-09B9-433D-9621-57B8AAED14FB 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: f DocuSigned by: ��""DocuSignn�ed by: By: By: \.......BGn6B9A07,d09 AMWAY, Chair, BOCC Greg Sallee, P.E. / Chief Operating Officer Printed Name and Title Revised 2/17 8 DocuSign Envelope ID:B33C2AA1-09B9-433D-9621-57B8AAED14FB Attachment "A" 1113 1 A 1111 """ A r April 4, 2017 Mr. Howard Fleming, Jr.,PE Orange County Planning and Inspections Department 131 W. Margaret Lane Hillsborough,North Carolina 27278 Re: Proposal for: Hillsborough Area EDD Ph 1 Water & Sewer Extensions FOR-17126 Dear Mr. Fleming: We are honored to have been selected to perform the engineering and permitting services for the Hillsborough Area Economic Development District— Phase 1 Water and Sewer Extensions. McAdams Company very much appreciates this opportunity and we are pleased to offer this proposal for professional services related to the design and permitting efforts that will be necessary to complete this project successfully and in a timely manner. SITE AND PROJECT UNDERSTANDING It is our understanding that Orange County and the Town of Hillsborough both wish to expand development opportunities on the south side of 1-40 near the Old NC Highway 86 interchange. A key component to achieving that goal is to extend water and sanitary sewer to that area. Therefore, the project site will include the north and south sides of I-40 just west of Old NC Highway 86. Regarding sanitary sewer, the objective is to extend the sanitary sewer system from its existing location on the north side of I-40 west of Old NC Highway 86 and Rippy Lane to the south side of I-40. Based on preliminary assumptions, the approximate distance for this sanitary sewer extension is roughly 3,800 LF and the proposed diameter for this extension is 12-inch. Another objective important to achieving the goal of facilitating development on the south side of I-40 is to extend waterline from Old NC Highway 86 The John R.McAdams westward along the existing NCDOT service road. This water main extension Company,Inc. is proposed to be 8" in diameter, will be approximately 7,900 LF, and may involve directional drilling. Raleigh/Durham,NC 2905 Meridian Parkway ASSUMPTIONS AND EXCLUSIONS Durham,North Carolina 27713 (919)361.5000 -McAdams and its subconsultants will provide the topographic and location survey, engineering design, permitting, and cost estimating services Charlotte,NC necessary to complete this project. 11301 Carmel Commons Blvd, -Construction Administration/Construction Services are not to be included Suite 111 at this time but can be rovided by separate proposal in the future. Charlotte North Carolina 28226 p y se p p ro p (704)527-0800 McAdamsCo.com Designing Tomorrow's Infrastructure& Communities DocuSign Envelope ID:B33C2AA1-09B9-433D-9621-57B8AAED14FB la I 11 Mr. Howard Fleming, Jr., PE Orange County Planning and Inspections Department April 4, 2017 Page 2 of 10 -Orange County or the Town of Hillsborough will be the permittee. -Permits to be obtained are limited to: ✓ Water main extension through NCDEQ Division of Water Resources (NC DWR) ✓ Sanitary sewer extension through NC DWR ✓ Erosion control through NCDEQ Division of Energy, Mining, and Land Resources (DEMLR) ✓ 404/401 through the US Army Corps of Engineers (USACE) and NC DWR ✓ No Rise through Orange County ✓ Floodplain development through Orange County ✓ Encroachment for water and sanitary sewer extensions through NCDOT -Easement plat preparation is included; however, acquisition of easements is not included. -Permit application fees will be paid directly by Orange County and are not included in this proposal. -Any required mitigation fees will be paid directly by Orange County and are not included in this proposal. -Court appearances for litigation, or preparation for same are not included. PROPOSED SERVICES AND FEES We propose the services described below. A spreadsheet summarizing the fees follows the task descriptions: TASK 1 —PRELIMINARY DESIGN Water Demand Study—This effort will include: -Obtaining information about the existing water distribution system from the Town of Hillsborough, including location, size, elevation, and material information -Performing two hydrant flow tests -Estimate water demands from properties to be served by the proposed water main -Model the proposed water main using WaterCAD -Confirm water demand, water pressure, and fire flow requirements will be met based on water system modeling results FOR-17126 DocuSign Envelope ID:B33C2AA1-09B9-433D-9621-57B8AAED14FB I la I 11 1111 1,4n Mr. Howard Fleming, Jr., PE Orange County Planning and Inspections Department April 4, 2017 Page 3of10 Wastewater Capacity Study—This effort will include: -Obtaining information about the existing wastewater collection system from the Town of Hillsborough, including location, size, elevation, and material information -Estimate wastewater flows from properties to be served by the proposed water and sewer -Obtain water consumption data to determine existing wastewater collection flow information -Model the proposed sewer system using SewerCAD from the proposed pipeline to Cates Creek Outfall connection point -Confirm downstream available wastewater collection system capacity based on model results and local/State requirements Preliminary Design Report — This effort will include a preliminary design meeting with NCDOT, development of pipeline routes, confirmation of easements needed, development of a preliminary construction cost opinion, submittal of a draft preliminary design report (including reports from Subtasks 1.1 and 1.2), review meeting, and final preliminary design report following review comments. TASK 1 FEE: $24,200 TASK 2 —PUBLIC INVOLVEMENT Community Meeting Assistance — Following Subtask 1.3, assist Orange County with one community meeting to convey information to affected property owners regarding proposed pipeline routing and to answer questions about the project. McAdams will provide foam- board exhibits in color with aerial photographic background and other visual aids as necessary to effectively depict the proposed water and sanitary sewer pipeline extensions. McAdams will also participate in the meeting as necessary. It is assumed that Orange County will be responsible for advertising the community meeting, sending letters of invitation, and securing a meeting site. TASK 2 FEE: $1,000 TASK 3 —SITE SURVEY AND ASSESSMENT Stream & Wetland Delineation — Complete a detailed investigation of the Phase 1 Water & Sewer Extension Project Area for jurisdictional waters of the U.S. and any waters subject to Neuse River Riparian Buffer Rules. The tract will be traversed on foot and the soils, FOR-17126 DocuSign Envelope ID:B33C2AA1-09B9-433D-9621-57B8AAED14FB 111111 0111 1000 006 001 Mr. Howard Fleming, Jr., PE Orange County Planning and Inspections Department April 4, 2017 Page 4 of 10 vegetation, and hydrology will be evaluated and potential wetland areas examined by procedures described in the 1987 Corps of Engineers Wetland Delineation Manual and Appropriate Regional Supplements. Since this is a detailed investigation of jurisdictional waters, the locations of any wetland, stream, and open water areas will be located with flagging tape. The stream and wetland areas will also be field located using hand-held GPS. The end product will include a digitized map showing the approximate location of any jurisdictional areas referenced above and a summary of findings. Concurrence Map — Prepare a concurrence wetland map for the US Army Corps of Engineers based on the field locations. Stream, Wetland, & Neuse Buffer Concurrence — Coordinate with the USACE and NC DWR staff to obtain concurrence of our wetland and stream buffer delineations. After concurrence, the flagged wetland and stream locations can be located by our survey crews to form the basis of a Jurisdictional Determination map, which will serve as the official wetland and stream document for the site for five (5) years after approval. Wetland/Stream Location Survey—Perform a location survey of the flagged wetlands/streams approved by the US Army Corps of Engineers. Collect sufficient horizontal and vertical data points (spots locations and breaks points) throughout the proposed alignments to define property impacts. Wetlands and Streams are to be located during the topographic/locations survey tasks. Endangered Species Assessment — Conduct a threatened and endangered species assessment of the Phase 1 Water & Sewer Extension Project Area and adjacent lands for Federally Listed Threatened and Endangered Species. The property will be traversed on foot to examine potential habitat and biotic communities which may indicate the presence of each species.Visual observations of actual species will be noted if found. Biological conclusion/opinions will be rendered based on the field examination. The end product will include a report/correspondence submitted to US Fish and Wildlife Service requesting concurrence and comment. Historical/ Cultural Resource Assessment — A cultural resource literature review of the North Carolina State Historic Preservation Office (SHPO) National Registry records will be conducted to determine if there are any recorded archeological sites, historic structures, cemeteries, or historic properties within the project area and/or within 0.25 miles of the project boundary. The project area will be traversed FOR-17126 DocuSign Envelope ID:B33C2AA1-09B9-433D-9621-57B8AAED14FB I la I 11 1111 1,4n Mr. Howard Fleming, Jr., PE Orange County Planning and Inspections Department April 4, 2017 Page 5of10 on foot to assess the potential presence of cultural re- sources. The end product will include a report/concurrence submitted to SHPO requesting concurrence and comment. Underground Utilities—McAdams will provide utility designation by marking the underground utilities with spray paint using electromagnetic equipment. McAdams will show underground utilities from field- designated information and any existing drawings provided. We make no guarantee that the underground utilities shown comprise all such utilities in the area, either in service or abandoned. McAdams further does not warrant that the underground utilities shown are in the exact location indicated, although they do certify that they are located as accurately as possible from information available. Topographic/Location Survey — Perform a topographic and location survey for approximately 3,800-feet along the proposed sanitary sewer alignment and 7,900-feet along the proposed waterline alignment. A digital terrain model to define existing topography and grades for use in determining earthwork and property impacts will be created for the engineers. The planimetric information necessary for design of improvements includes, but is not limited to, the following: -Drives— location, type, and width -Signs— location, type, and size -Utilities — The locations of underground utilities are based on visible above-ground structures and underground location and marking by McAdams Company. More specifically, the following data will be collected in regards to the utilities within the survey limits -Storm drainage—location, size (with sizes labeled on each side of inlet),type, top, invert elevations, and inlet and outlet locations both inside and outside planimetric limits -Sanitary sewer—location, size, type, top, and invert elevations -Water— location of valves, meters, and hydrants -Light Poles—location of poles and pole number -Gas—location valves and meters -Property Corners — property corners for the easement exhibit platting -Overhead Utility Poles—location poles and guy wires at grade TASK 3 FEE: $40,800 FOR-17126 DocuSign Envelope ID:B33C2AA1-09B9-433D-9621-57B8AAED14FB I la I 11 Mr. Howard Fleming, Jr., PE Orange County Planning and Inspections Department April 4, 2017 Page 6 of 10 TASK 4—EASEMENT PLATTING Easement Exhibit and Legal Description - Prepare Seven Easement Exhibits for the waterline and one exhibit for the sanitary sewer line, review, approval, and recordation, please note this fee does not include recordation fees. It is assumed that the easements for the sanitary sewer and waterline easements will be within the right-of-way of the service road and will not require easement exhibits or legal descriptions. The Orange County Attorney's office will prepare the required deeds of easement and handle all acquisition coordination. Dedications will be"by plat"; no metes or bounds descriptions will be required. TASK 4 FEE: $8,800 ($1,100 per easement exhibit and descriptions) TASK 5—GEOTECHNICAL INVESTIGATION Geotechnical Investigation — A sub-consultant will provide geotechnical investigation services to include the following: -Site reconnaissance -Drill mobilization and 28 test borings with Standard Penetration Testing (SPT), with 18 borings at 10' depth, 7 borings at 15' depth, 2 borings at 20' depth, and 1 boring at 50' depth -Preparation of a Report of Preliminary Geotechnical Investigation TASK 5 FEE: $44,440 TASK 6—CONSTRUCTION DOCUMENTS Construction Documents— This task includes: -Prepare 90% construction drawings, including erosion control design for the water main and sanitary sewer main extensions -Prepare 90% specifications utilizing Orange County and Town of Hillsborough standards -Conduct one review meeting with Orange County and Town of Hillsborough -Finalize construction documents for permit applications Construction Cost Opinion — Prepare a construction cost opinion or updates as necessary at the following stages of construction document preparation: FOR-17126 DocuSign Envelope ID:B33C2AA1-09B9-433D-9621-57B8AAED14FB I la I 11 1111 1,4n Mr. Howard Fleming, Jr., PE Orange County Planning and Inspections Department April 4, 2017 Page 7 of 10 -90% construction documents -100% construction documents, incorporating the 90% plan and specification comments by Orange County and the Town of Hillsborough. It is assumed at this point Orange County and the Town of Hillsborough will perform a pre-submittal review of the 100% construction documents and estimate and authorize permit submittals. It will be at this point McAdams will provide completed permit applications for the County Manager and/or the Town Manager to sign, along with check requests for the various agency submittals. -Once the plans and specifications have been approved by all permitting agencies, should there be any associated revisions affecting costs. TASK 6 FEE: $31,100 TASK 7—PERMITTING NCDOT and NCDEQ Permitting—This task includes: -Submit construction drawings and necessary permit applications to various relevant permitting agencies performing reviews -Revise plans as necessary and respond to permitting agency comments (Fee below assumes two rounds of comments) -Obtain NCDOT encroachment agreement(s) -Obtain Water Extension permit -Obtain Sewer Extension permit -Obtain Floodplain development permit -Obtain Land Disturbance permit Stream Disturbance Permitting — Prepare applications, create impact exhibits,and consult with NC DWR and the USACE to acquire impact permits for wetland,stream,and Neuse Buffer impacts associated with the proposed utility work. If mitigation is necessary, McAdams will determine mitigation fees. Flood Study (No-Rise) — Prepare a "no-impact" or "no-rise" analysis for the proposed water and sanitary sewer extensions proposed as part of this project, submit to review agency and address comments. For this scope, it is assumed that there are two floodway areas that will be impacted as a result of this project: 1)Cates Creek and 2) Cates Creek Tributary (streams as shown on FIRM Panel 3710986300J, dated 2/2/2007). The crossing of Cates Creek will be by waterline only, and will occur south of 1-40. The crossing of Cates Creek Tributary will be by water and sewer south of I-40, and by sewer north of I-40. In FOR-17126 DocuSign Envelope ID:B33C2AA1-09B9-433D-9621-57B8AAED14FB 111111 0111 1000 006 001 Mr. Howard Fleming, Jr., PE Orange County Planning and Inspections Department April 4, 2017 Page 8 of 10 each case, it is assumed that the crossings will be designed and permitted as to have a "no-rise" or "no-impact" result. If a "no- impact" result is possible, then no additional submittals to the State / FEMA will be required. If a "no-rise" result is possible (meaning a "no-impact" result is not possible), then a Letter of Map Revision (LOMR) submittal may be required after construction is complete if flood reductions are more than 0.1 foot OR if floodway locations or widths change. A LOMR package and submittal is not included within the scope of services of this Agreement, and would be quoted if required. If neither a "no-impact" or"no-rise" is possible, then the project must be permitted through the Letter of Map Change Process (CLOMR followed by LOMR). This LOMC process is not included within the scope of this Agreement. TASK 7 FEE: $33,430 TASK 8—BIDDING AND AWARD Bidding and Award Assistance — Provide the following services to assist Orange County and the Town of Hillsborough with the construction contract formal bidding and award process in accordance with NCGS 143-129: -Prepare a bid advertisement (McAdams is not responsible for cost of advertising) -Distribute bid packages -Review questions and requests for clarification from contractors and issue addenda as necessary -Conduct a formal bid opening -Review contractors' bids for completeness, prepare a bid tabulation, and issue a recommendation of award -Prepare a Notice of Award to be issued to the contractor to be awarded the construction contract TASK 8 FEE: $6,000 FOR-17126 DocuSign Envelope ID:B33C2AA1-09B9-433D-9621-57B8AAED14FB Mr. Howard Fleming, Jr., PE Orange County Planning and Inspections Department April 4, 2017 Page 9 of 10 FEE BREAKDOWN Task Lump Sum Fee Task 1 —Preliminary Design $24,200 Task 2—Public Involvement $1,000 Task 3 — Site Survey and Assessment $40,800 Task 4—Easement Platting $8,800 Task 5 —Geotechnical Investigation $44,440 Task 6—Construction Documents $31,100 Task 7—Permitting $33,430 Task 8 —Bidding and Award $6,000 Total $189,770 SCHEDULE The Firm's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the project. In order to meet the overall project schedule, Orange County and the Town of Hillsborough must provide timely responses as indicated in the following schedule outline. The following is the expected schedule for completion of work on this project: Task 1 -Preliminary Design— 1.5 months following Notice to Proceed Task 2 —Public Involvement—2.25 months following Notice to Proceed Task 3 - Site Survey and Assessment — 1 month following Task 1 completion. Task 4 -Easement Platting— 1.5 months following Task 1 completion. Task 5 — Geotechnical Investigation — 1 month following Task 3 completion. Task 6 - Construction Documents — 1.5 months following Task 3 completion. Task 7 -Permitting— 5 months following completion of Task 6. Task 8 -Bidding and Award—2 months following Task 7 completion. FOR-17126 DocuSign Envelope ID:B33C2AA1-09B9-433D-9621-57B8AAED14FB I la I 11 Mr. Howard Fleming, Jr., PE Orange County Planning and Inspections Department April 4, 2017 Page 10 of 10 OWNER'S RESPONSIBILITIES Owner shall be responsible for the following: -Notification to proceed -Providing existing water and sanitary sewer utility information in a timely manner -Timely review and approval of reports and construction documents -Community meeting advertisement and invitations -Securing a site for the community meeting -Direct payment of all application and permit fees CONCLUSION We are eager to launch forward on this important project in an effective and efficient manner to make this project a success for Orange County and the Town of Hillsborough. This proposal is valid through April 30, 2017. We appreciate and thank you once again for this opportunity to propose our services to Orange County. Sincerely, TH OH R. D ADAMS COMPANY, INC. Marco Menendez, PE Director, Water&Wastewater MM/dk FOR-17126 DocuSign Envelope ID: B33C2AA1-09B9-433D-9621-57B8AAED14FB AC E IJ DATE(MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE 4/4/2017 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 certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Harriet Thomas NAME: JJ Wade & Associates PH No.ExtC (704)892-9297 (AIC,No): (704)896-0485 P.O. Box 1209 E-MAI ESS:hthomas@��wadeinsurance.com ADDR 212 S Main St. INSURER(S)AFFORDING COVERAGE NAIC# Davidson, NC 28036 _INsuRERANational Fire Insurance of Hartford INSURED INSURER B:Valley Forge Insurance Company 20508 The John R. McAdams Company, Inc. INSURER C: PO Box 14005 INSURERD: Research Triangle Park, NC 27709 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:2016-2017 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. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100,000 A CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ X Contractual Liability X 6045439001 12/31/2016 12/31/2017 MED EXP(Any one person) $ 15,000 X No XCU Exclusion PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY X JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED 6045439029 12/31/2016 12/31/2017 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident) „$ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESSLIAB CLAIMS-MADE 6045439063 12/31/2016 12/31/2017 AGGREGATE $ 5,000,000 DED X RETENTION$ $ WORKERS COMPENSATION x EOTH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A B (Mandatory in NH) WC645439046 12/31/2016 12/31/2017 E L D I S E A S E E A E M P L O Y E E $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E .DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder is included as an Additional Insured with respects to General Liability as required by written contract. CERTIFICATE HOLDER CANCELLATION hfleming @orangecountync.go SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 8181 ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE J.J. Wade, III/AH ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) DocuSign Envelope ID: B33C2AA1-09B9-433D-9621-57B8AAED14FB AC E IJ DATE(MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE 4/4/2017 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 certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Doug Farber NAME: g Insurance Management Consultants, Inc. (A/C o ExtC (704)7991600 FAX Nn): (704)799-2955 P.O. Box 2490 ADDREss:cert @imcipls.com INSURER(S)AFFORDING COVERAGE NAIC# Davidson NC 28036 _INSURERA:RLI Insurance Company 13056 INSURED INSURER B: The John R. McAdams Company, Inc. INSURER C: P.O. Box 14005 INSURERD: INSURER E: Research Triangle NC 27709 INSURER F: COVERAGES CERTIFICATE NUMBER:2/5/17 PL Renewal 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. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR PREM SES(a occur ence) „$ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ POLICY PRO- LOC PRODUCTS-COMP/OP AGG $ JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION J PTATUTE J ....J.EOTH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E .DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E .DISEASE-POLICY LIMIT $ A Professional Liability RDP0027725 2/5/2017 2/5/2018 Each Claim $2,000,000 Aggregate $4,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION hfleming @orangecountync.go SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County Planning and THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Inspections Department ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 8181 131 W. Margaret Lane AUTHORIZED REPRESENTATIVE Hillsborough, NC 27278 Jeff Todd/DGF ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(2m4m/ DocuSign Envelope ID:B33C2AA1-09B9-433D-9621-57B8AAED14FB 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 DocuSign Envelope ID:B33C2AA1-09B9-433D-9621-57B8AAED14FB 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 DocuSign Envelope ID:B33C2AA1-09B9-433D-9621-57B8AAED14FB 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. 3 DocuSign Envelope ID:B33C2AA1-09B9-433D-9621-57B8AAED14FB 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. 4 DocuSign Envelope ID:B33C2AA1-09B9-433D-9621-57B8AAED14FB 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. 5 DocuSign Envelope ID:B33C2AA1-09B9-433D-9621-57B8AAED14FB 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. 6 DocuSign Envelope ID:B33C2AA1-09B9-433D-9621-57B8AAED14FB 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 7 DocuSign Envelope ID:B33C2AA1-09B9-433D-9621-57B8AAED14FB 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. 8 DocuSign Envelope ID:B33C2AA1-09B9-433D-9621-57B8AAED14FB 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 9 DocuSign Envelope ID:B33C2AA1-09B9-433D-9621-57B8AAED14FB 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. a' My Commission Expires: v Notary Public DocuSign Envelope ID:B33C2AA1-09B9-433D-9621-57B8AAED14FB *****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***** DocuSign Envelope ID:B33C2AA1-09B9-433D-9621-57B8AAED14FB 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. 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