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HomeMy WebLinkAboutAgenda - 08-22-2006-5bbORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 22, 2006 Action Agenda Item No.~ bb SUBJECT: Richard E. Whitted Human Services Center Parking t.ot Paving Design Update Services DEPARTMENT: Public Works PUBLIC HEARING: (Y/N) No Purchasing County Engineer Planning & Inspections ATTACHMENT(S): Proposal from Michael A, Neal & Associates Agreement between Orange County and Michael A. Neal & Associates INFORMATION CONTACT: Pam Janes 245-2652 Wilbert McAdoo 245-2625 Wayne Fenton 245-2628 Paul Thames 245-2303 Craig Benedict 245-2592 PURPOSE: To consider authorizing a contract for professional services with Michael A. Neal & Associates, Inc. to update design and construction and bid specification documents for paving of the gravel parking lot adjacent to the east of the Richard E. Whitted Human Services Center. BACKGROUND: In 2002, Michael A. Neal & Associates prepared design and bid specification documents for paving of the gravel parking lot located beside the Richard E. Whitted Human Services Center'B' building (east lot). Competing demands for funds for other more critical projects resulted in this project not being completed at that time.. Since preparation of the original specifications, Town of Hillsborough requirements for parking lot design have changed. Staff proposes to retain the services of Michael A. Neal & Associates to update their work performed in 2002. Work by this firm will address the Town's requirement changes so that bids for paving this lot may be solicited from paving contractors. The contract with Michael A. Neal & Associates includes filing of necessary documents and presentation to the Town of Hillsborough Historic District Commission. The bid specifications and construction documents will allow solicitation of bids for performance of the paving and related work, which will be returned to the Board at a future meeting for necessary Board approval. Staff will continue to explore options and opportunities to provide enhancements to other parking in the vicinity of the Whitted Center. For example, ad hoc parking arrangements that have evolved on County property at the southeast corner of the intersection of Tryon and Hasell Streets may be able to be reconfigured in a manner that will be functional, aesthetically pleasing, and mare desirable than the present situation from the perspective of neighborhood residents and the Hillsborough Historic District Commission.. FINANCIAL IMPACT: The County's Parking Lat Repair/Paving Capital Project Fund includes sufficient funds to pay far the work by Michael A, Neal & Associates ($5,640). RECOMMENDATION(S): The Manager recommends that the Board authorize the Purchasing Director to execute a contract, subject to final review by staff and the County Attorney, with Michael A, Neal & Associates in the amount of $5,640 for updating the design and bid specifications far paving of the existing Richard E. Whitted Human Services Center gravel parking lot located on the east side of the `B' building. MICHAEL A.. HEAL & ASSOCIATES ENGINEERS, SURVEYORS, ANU PLANNEt25 105 Wes[ Corbin St.; Suitc 201, nillsborongh, North Carolina 27278 (919)644-1277 mnenl-mnnn(7intres.net August 2, 2006 Ms. Pam Jones, Purchasing Director Mr, Wayne Fenton, Director of Public Works Mr. Craig Benedict, Planning Director Mr. Paul Thames, PE, County Engineer P~O~ Box 8181 Hillsborough, North Carolina 27278 Re: Amendment to original scope of Engineering Services Dear Ms..lones; Mr. Fenton; Mr. Benedict; Mr. Thames, We are very pleased to submit an amendment to our original agreement for the Whitted Parking lot in Hillsborough, North Carolina, As we understand, the additional scope of services desired is to be provided, engineering services necessary to survey, design, and construct improvements to the Whitted parking lot at the Human Services Building located in Hillsborough, These services shall include prepazing Town of Hillsborough permit applications, all necessary supporting documentation and presenting the project at boaz'd and commissions as may be required. Our proposed scope of service is as follows: SCOPE OF SERVICES • Surveying- Update topographic survey of 2002 of the subject area. Provide a Plan of Existing Conditions -comprised of the following; Existing gravel parking; number of existing spaces; stormwater patterns and infrastructure; significant vegetation and screening; property boundaries and set-backs taken from existing data; site lighting; pedestrian paths and access points; vehicle ingress and egress locations and conditions; and other pertinent information as may be needed. ~3 • Demolition Plan- Showing what is to be removed and recycled and/or properly disposed of; what is to remain and how it is to be protected. ::~,::~° `•~: • Provide Detailed Site Plans-comprised of the following; Proposed paved parking areas; pavement typical section(s); proposed buffers; stormwater facilities and infrastructure; structure set-backs; highlights to changes from existing to proposed conditions; landscaping and buffers; landscape islands; proposed lighting; pavement marking; handicap access; pedestrian circulation and access. • Historic District Application- Complete and file all required applications for the Hillsborough Historic District certificate of appropriateness, provide all necessary documentation; provide exhibits as necessary to present the project to the HDC; present the project at the HDC meeting(s).. • Construction Plans Prepare detail construction plans for the project comprising of site grading, access and pazking areas, stormwater conveyance and management, sediment and erosion control, site utilities, pedestrian and bike access ways, and landscape protection. Plans will be prepazed in compliance with accepted standard Engineering practices, Orange County standards and the standards of the Town of Hillsborough, NC. • Bid Documents Prepare specifications and bid documents necessary to bid the project. Conduct pre-bid conference(s), review bids and make recommendation of contract awarding. Michael A. Neal and Associates will provide these services on a lump sum basis of $5,640.00, plus reimbursable expenses. Michael A. Neal and Associates, PLLC will bill for work completed each month.. Attached you will find a draft agreement for your review. Sincerely, Michael A. Neal, PE, PLS 0 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. SHORT FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES Prepazed by ENGINEERS IOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Iointly by _- _-w".~..~ °---~ .... ~-, ~ National Society of ~~~~i American Society Professional Engineers® of Civil Engineers .~tli ull:l v'r~<II%!:[11,111 ~~.\(:1.11 It1A1: {att.\11'.1 \'ll.~ PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS RTCDC G520 Short Eorm of Agreement Between Owner and Engineer fi>r Professional Services Copyrfght'D 2002 Notional Soeicty of Professional Engineers for G1CDC. All rights reserved.. 0 SHORT FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of ("Effectiv e Date") between Orange County North Carolina ("Owner") and Michael A. Neal and Associates, PLLC ("Engineer") Engineer agrees to provide the services described below to Owner for Whined Human Services Parking ("Project"). Lot Surveying- Update topographic survey of 2002 of the subject area. Description of Engineer's Provide a Plan of Existing Conditions -comprised of the following; Existing Services: gravel parking; number of existing spaces; stormwater patterns and infrasnvcture; significant vegetation and screening; property boundaries and set-backs taken fiom existing data; site lighting; pedestrian paths and access points; vehicle ingress and egress locations and conditions; and other pertinent information as may be needed Demolition Plan- Showing what is to be removed and recycled and/or properly disposed of; what is to remain and how it is to be protected. ___ Provide Detailed Site Planscomprised of the following; Proposed paved parking areas; pavement typical section(s); proposed buffers; stormwater facilities and infrastructure; structure seFbacks; highlights to changes from existing to proposed conditions; landscaping and buffers; landscape islands; proposed lighting; pavement marking; handicap access; pedestrian circulation and access,. Historic District Application- Complete and file all required applications For the Hillsborough Historic District certificate of appropriateness, provide all necessary documentation; provide exhibits as necessary to present the project to the HDC; present the project at the HDC meeting(s). Construction Plans Prepare detail construction plans for the project comprising of site grading, access and parking areas, stormwater conveyance and management, sediment and erosion control, site utilities, pedestrian and bike access ways, and landscape protection.. Plans will be prepared in compliance with accepted standazd Engineering practices, Orange County standards and the standards of the Town of Hillsborough, NC, Bid Documents Prepare specifications and bid documents necessary to bid dte project.. Conduct pre-bid conference(s), review bids and make recommendation of contract awarding. Owner and Engineer further agree as follows: Owner shall pay Engineer for such Services as set forth 1.01 Basic Agreement in Paragraph 9.01.. A. Engineer shall provide, or cause to be 2.01 Paymentl'rocedures provided, the services set forth in this Agreement, and 1 of 4 GICDC G-520 Short Porm of Agreement Bchveen Owner and Engineer fur ProCcssional Services Copyright i° 2002 Notional Society of Professional Gngincers for T7CDC. AIt rights reserved. CD A. Preparation of Invoices. Engineer will prepare a monthly invoice in accordance with Engineer's standard invoicing practices and submit the invoice to Owner. if the Engineer's services for the Project are delayed or suspended for more than 90 days for reasons beyond Engineer's control. B. Payment of L:voices. Invoices are due and payable within .30 days of receipt. If Owner fails to make any payment due Engineer fbr services and expenses within .30 days after receipt of Engineer's invoice, the amounts due Engineer will be increased at the rate of 1..0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day.. In addition, Engineer may, without liability, after giving seven days written notice to Owner, suspend services under this Agreement until Engineer has been paid in full all amounts due for services, expenses, and other related charges, Payments will be credited 5rst to interest and then to principal. .3,01 Additional Services A. If authorized by Owner, or if required because of changes in the Project, Engineer shall famish services in addition to those se[ forth above. B. Owner shall pay Engineer for such additional services as follows: For additional services of Engineer's employees engaged directly on the Project an amount equal to the cumulative hours charged [o the Project by each class of Engineer's employees times standard hourly rates for each applicable billing class; plus reimbursable expenses and Engineer's consultants' ch arges, if any. 4,01 Termination A, The obligation to provide further services under this Agreement may be terminated: 1. For cause, a, By either pazty upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the Agreement's terms through no fault of the terminating party. b. By Engineer: I) upon seven days written notice if' Engineer believes [hat Engineer is being requested by Owner to furnish or perform services contrary to Engineer's responsibilities as a licensed professional; or 2) upon seven days written notice 3) Engineer shall have no liability to Owner on account of such termination.. c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under paragraph 4.OLA.I.a if' the party receiving such notice begins, within seven days of receipt of such notice, to correct its failure and proceeds diligently to cure such failure within no more than .30 days of receipt of notice; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such .30 day period, and if' such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2, For convenience, by Owner effective upon the receipt of notice by Engineer, B. The terminating party under paragraphs 4.O1.A.1 or 4.O1.A,2 may set the effective date of termination at a time up to .30 days later than otherwise provided to allow Engineer to demobilize personnel and equipment from the Project site, to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and ro assemble Project materials in orderly files, 5,01 Controlling Law A. This Agreement is to be governed by the law of the state in which the Project is located. 6.01 Successors, Assigns, and Beneficiaries A. Owner and Engineer each is hereby bound and the pazmers, successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by pazagraph 6ALB the assigns of Owner and Engineer) are hereby bound to the other party to [his Agreement and to the partners, successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement, B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, 2 of 4 GJCDC E~520 Short Toms of Agreement Between Owner and Gnginccr for Professional Services Copyright m 2002 Notional Society of Professional Tngineers for G7CDC, All rights reserved. but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrazy in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 7.01 General Considerations A. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer's services.. Engineer and its consultants may use or rely upon the design services of others, including, but not limited to, contractors, manufacturers, and suppliers. B. Engineer shall not at any time supervise, direct, or have control over any contractor's work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, for safety precautions and programs incident to a contractor's work progress, nor for any failure of any contractor to comply with laws and regulations applicable to contractor's work, C. Engineer neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to famish and perform its work in accordance with the contract between Owner and such contractor. D. Engineer shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any contractor's agents or employees or any other persons (except Engineer's own employees) at the Project site or otherwise famishing or performing any of construction work; or for any decision made on interpretations or clarifications of the consUUCtion contract given by Owner without consultation and advice of Engineer. E. The general conditions for any construction contract documents prepared hereunder are to be the "Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint Contract Documents Committee (No.. C-700, 2002 Edition). F. All design documents prepared or furnished by Engineer are instruments of service, and Engineer retains an ownership and property interest (including the c copyright and the right of reuse) in such documents, whether or not the Project is completed. G. To the fullest extent permitted by law, Owner and Engineer (1) waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting fiom, or in any way related to the Project, and (2) agree that Engineer's total liability to Owner under this Agreement shall be limited to $5,640.00 or the total amount of compensation received by Engineer, whichever is greater. H, The parties acknowledge that Engineer's scope of services does not include any services related to a Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous substances or waste, and radioactive materials), If Engineer or any other party encounters a Hazardous Environmental Condition, Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected [hereby until Owner: (i) retains appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (ii) wazrants that the Site is in full compliance with applicable Laws and Regulations. 3 of4 EJCDC E-520 Short corm of Agreement Between Owner and Engineer for Professional Services Copyrigh['D 2002 National Society of Professional Engineers for E7CDC. All rights reserved. 8.01 Total Agreement A. This Agreement inclusive together widt appendix), constitutes the Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be (consisting of pages 1 to 4 amended, supplemented, modified, or canceled by a duly any expressly incorporated executed written instrument., entire agreement between aofa E,iCDC E-520 Short Porm of Agreement E3ehveen Ownerond Engineer for Pro[essional Services Copyright i0 2002 National Society of Professional Engineers for GlCDC- All rights reserved. 9A1 Paymen[ (Lump Sum Basis) (~ A. Using the procedures set forth in paragraph 2.01, Owner shall pay Engineer as follows: I . A Lump Sum amount of $ $5,640.00, plus reimbursable expenses B. The Engineer's compensation is conditioned on the time to complete construction not 12 month exceeding s. Should the time to complete construction be extended beyond this period, total compensation to Engineer shall be appropriately adjusted. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. OWNER: By: Title: Date Signed: Address for giving notices: ENGINEER: By: Title: President/Owner Date Signed: License or Certificate No. and State 26396 in NC Address for giving notices: 105 West Corbin Street 201 Hillsborough, North Cazolina 27278 J of4 (Lump Sum Basis) E1CDC E-520 Short corm of Agreement Behveen Owner and Engineer for Professional Service Copyright m 2002 Nalionnl Society of Professional Engineers for E7CDC. All rights reserved.