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HomeMy WebLinkAbout2023-259-E-Emergency Svc-Summit-Hazard Mitigation Grant Acquisition Land SurveyRevised 04/23 1 [Departmental Use Only] TITLE FY ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, is between Orange County, North Carolina, a body politic organized under the laws of the State of North Carolina, (the "County"), and Summit Design and Engineering, PLLC (the "Provider"). W I T N E S S E T H: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the services set out below to the County in accordance with the terms of this Agreement, time being of the essence. The services or materials or construction (hereinafter referred to collectively as “Services”) to be furnished under this Agreement are as follows: Land Survey The term of this agreement rendered shall be from to . 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 to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement, without the prior written approval of the County. SPECIFIC TERMS 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily (as determined by the County) performed in accord with this Agreement. The amount to be paid by the County shall not exceed One Thousand Nine Hundred Eigty dollars, ($1980). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non–waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent contractor, and the County shall not be responsible for any of the Provider’s acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: 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 DocuSign Envelope ID: D86A66E7-4DE7-4FD0-946D-FE5F106A04AA Revised 04/23 2 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 be designated here insurancecertificates@summitde.com (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. 5. Indemnity: To the extent authorized by North Carolina law the Provider agrees, without limitation, to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider in carrying out Provider’s duties and obligations related to the Services to be provided in this Agreement. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. County may suspend this Agreement upon reasonable notice to Provider. 7. Entire Agreement and Signatures: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. 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. 8. Governing Law and Priority: Both parties agree this Agreement is governed by the laws of the State of North Carolina and Orange County. 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 certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. Should any documents, exhibits, or addenda be attached to this Agreement, the terms of this Agreement shall have priority in any conflict with or among the terms of such referenced documents, exhibits. 9. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. If such mediation fails either party may initiate litigation to resolve the dispute. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. Regardless of the outcome of said litigation each party is responsible for its own costs and fees, including attorneys’ fees. DocuSign Envelope ID: D86A66E7-4DE7-4FD0-946D-FE5F106A04AA Revised 04/23 3 10. 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 or not appropriated for the performance of County’s obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability or non-appropriation of public funds. IN WITNESS WHEREOF, this Agreement is effective upon its execution by Orange County and the Provider. ORANGE COUNTY PROVIDER By: _________________________ By: _________________________ Department Director Title: ________________________ 200 S. Cameron St. 320 Executive Court P.O. Box 8181 Hillsborough, NC 27278 Hillsborough, NC 27278 DocuSign Envelope ID: D86A66E7-4DE7-4FD0-946D-FE5F106A04AA Director of Operations Revised 04/23 4 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Summit Vendor Contact Person: Brendan Flannery Phone: (919) 732-3883 x3135 Address: 320 Executive Court City Hillbsorough State: NC Zip: 27278 Department: Emergency Services Amount: $1980 Purpose: Hazard Mitigation Grant Acquisition Land Survey Budget Code(s): 61750135-870000-17003 Vendor # Vendor Status with NCSOS: Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date End Date Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by Signature Authority - BOCC Express Delegation (Agenda Date: ) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: ) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: DocuSign Envelope ID: D86A66E7-4DE7-4FD0-946D-FE5F106A04AA 6/16/2023 6/16/2023 Revised 04/23 5 Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: D86A66E7-4DE7-4FD0-946D-FE5F106A04AA Sarah Pickhardt - Division Chief Orange County Emergency Services Emergency Management Division Land Survey for 503 Brandywine Road Ms. Pickhardt, Since 1997, Summit has been providing premier surveying services to NCDOT, municipalities, and local governments throughout North Carolina. We have been headquartered in Hillsborough for the majority of these 25 years in business (now just a stone’s throw away from your facility in Meadowlands Office Park), and are committed to serving the county and community we call home to the best of our ability. We believe we are uniquely qualified to execute this project because of our technical expertise, depth of resources, and HMGP project experience. Our longest-tenured surveyor on staff, Bill McCarthy, PLS, will serve as Project Manager for this contract. Bill will manage all aspects of project delivery, coordinate project assignments to maximize in-house resources and respond to inquiries which impact the project assignments. Bill’s proven leadership, responsiveness to requests and 46 years of experience working with private and public sector clients alike provides the peace of mind that projects will be delivered on time, within budget and with the highest level of quality. As our survey personnel includes 13 Professional Land Surveyors stationed across the state, we are qualified to provide the needed surveying services and beyond. Our large roster of qualified surveying professionals will provide sufficient resources for the field survey work, data processing, and drafting tasks, and help to ensure on-time completion of the project. Our land surveying team’s experience covers a broad range of project and client types. We are well-prepared for your project because we have performed similar surveys for hundreds of properties featuring single family houses over our firm’s history. We have also executed HMGP projects for the Town of Carrboro, City of Durham, Pitt County, Edgecombe County, Mathews County (VA), and Gloucester County (VA). This experience gives us an invaluable understanding of the importance of this project and an appreciation for the level of accuracy and timeliness required from the professional land surveying team selected to perform the work. If awarded this project, we could begin field survey work at the property within two weeks of receiving the Notice to Proceed, and provide the County with the signed and sealed survey within two weeks of that start date. We are always eager for the chance to work with the County and strengthen our relationship with the community we live and work in. This project would be a priority for our team. I am confident this quote will assure the Emergency Management Division that our team is qualified for this project. Please do not hesitate to reach out if you have any questions. Respectfully Submitted, Richard P. Leone Senior Vice President Rick Leone (919) 732-3883 rick.leone@summitde.com 320 Executive Court, Hillsborough, NC 27278 DocuSign Envelope ID: D86A66E7-4DE7-4FD0-946D-FE5F106A04AA Bill has over 40 years of surveying experience. He has performed boundary surveys, topographical surveys, construction layout, ALTA-ACSM title surveys, and NCDOT location surveys as a project manager. Bill provides QA/QC oversight on all our projects. • City of Durham HMGP • Town of Carrboro HMGP • Southern Village Plot - Chapel Hill • 108 Collene Lane - Chapel Hill • Rocky Ridge Road - Chapel Hill • 1144 Smith Level Road - Chapel Hill • 1018 & 1022 Cane Valley Lane - Chapel Hill • 375+ single family home properties surveyed Thomas has over 27 years of surveying and CAD experience. As a crew chief and CAD technician, Mr. Tellup has experience with boundary surveys, wetland locations, ALTA surveys, topographical surveys, field maps, minor subdivision plats, easement plats and annexation plats. • Edgecombe County HMGP • NCORR Department of Public Safety MSA • Hamlett-Mountain Creek Rd - Chapel Hill • 3918 Whitfield Rd - Chapel Hill • Burning Tree Drive - Chapel Hill • 308 Ridgecrest Road - Chapel Hill • 100+ single family home properties surveyed DocuSign Envelope ID: D86A66E7-4DE7-4FD0-946D-FE5F106A04AA Justin has over 8 total years of progressive surveying experience, and now serves Summit as Survey Party Chief. He has performed multiple route and location, boundary, topographic, and as-built surveys in North Carolina. Justin’s experience includes a long list of residential projects, making him adept at identifying easements and encumbrances during the outbound survey process. • Town of Carrboro HMGP • NCORR Department of Public Safety MSA • HOA Poplar West Carrboro Flood Cert. • 502 & 510 Dogwood Drive Easements • 1345 Kelly Brewer Rd • 40+ single family home properties surveyed Jared is experienced in construction staking/layout, and in boundary, wetland, and aerial surveys. He also has extensive experience in performing HMGP and NCORR surveys. Jared has NSPS CST certification and FAA Remote Pilot certification, and is the lead sUAS (drone) pilot for Summit’s aerial survey services. • City of Durham HMGP • NCORR Department of Public Safety MSA • 701 N Estes Drive - Chapel Hill • 3918 Whitfield Rd - Chapel Hill • Jay Street Affordable Housing - Chapel Hill • 45+ single family home properties surveyed DocuSign Envelope ID: D86A66E7-4DE7-4FD0-946D-FE5F106A04AA Our team provided surveying for the acquisition of sixteen residential structures in association with a Hazard Mitigation Grant. Summit produced legal boundary property surveys for each of the properties. The site survey maps showed parcel boundaries and the location of main and accessory structures, including all above ground site improvements and below ground septic tanks, wells, etc. Pitt County, NC Thomas Schrader, CFM Pitt County Planning Department (252) 902-3258 thomas.shrader@pittcountync.gov DocuSign Envelope ID: D86A66E7-4DE7-4FD0-946D-FE5F106A04AA Our team provided surveying and structural engineering services for this Hazard Mitigation Grant project in Edgecombe County, NC. The grant that our team worked on is Grant 4285-030, which included 15 homes. The individual tasks that our team was responsible for on this project included: // Pre-elevation surveys for seven homes, which include a FEMA elevation certification. // Intake interviews with all fifteen homeowners. // Field structural assessments and structural elevation design for all fifteen homes. // Bid document preparation and bid administration for all fifteen homes. // Grant management and construction administration for all fifteen homes. Edgecombe County, NC Ken Ashe, PE, PMP, CFM, Wood Environmental & Infrastructure Solutions, Inc. (919) 381-1374 ken.ashe@woodplc.com DocuSign Envelope ID: D86A66E7-4DE7-4FD0-946D-FE5F106A04AA Summit is currently utilizing its extensive experience in flood mitigation work, HMA planning, and project grant management to assist the Town of Carrboro with the following: // Elevation Surveys // Grant Management // Bid Drawings // Structural Engineering (for design) // Inspections // Housing elevations The goal of this project was to elevate two homes. The two structures were some of the most vulnerable and repetitive loss properties in the Town. The goal was to protect the properties from future damage from flooding while mitigating the current damage already dealt to the community by frequent strong hurricanes and flooding. The final bid (for a package of 2 houses) was 22% higher than the engineer’s estimate. We believe this is because there was only one bidder on the first bid (requiring a rebid) and on the second bid, the same bidder likely put a premium on his bid knowing that he had no bid competition. To date there have been no change orders for this project. Martin Roupe, Development Review Administrator, Town of Carrboro (919) 918-7333 mroupe@townofcarrboro.org Town of Carrboro, NC DocuSign Envelope ID: D86A66E7-4DE7-4FD0-946D-FE5F106A04AA Colliers International – Ed Hallberg Ed.Hallberg@colliers.com Summit provided civil and structural engineering, surveying, and landscape architecture services for the flood remediation project at Pinecroft Place Apartments. The 22 acre site was developed in 1973 with 20 townhome buildings and associated site amenities. Due to its location within a delta of a nearby stream, the ground floor apartments repeatedly flooded, displacing residents and damaging the foundations of the building. As a result of the last flood, 32 units were condemned. Summit conducted a site assessment, survey, and developed construction drawings for submittal to the City of Greensboro, FEMA and associated agencies for review and permitting. Our design solution includes site grading improvements and integrating floodwalls to the exterior of vulnerable buildings. Our solutions will reduce surface water accumulation within the complex and alleviate the flooding into buildings to ensure future rain events will not pose an issue for residents. Greensboro, NC DocuSign Envelope ID: D86A66E7-4DE7-4FD0-946D-FE5F106A04AA Pulaski was hit by F-1 and F-2 tornadoes resulting in substantial damage to or complete loss of residential properties. The area resembled a war zone with houses torn apart, debris strewn throughout, and fallen trees that had taken down power lines and were blocking ingress and egress to the area. 1,400 tons of debris had to be removed from the area. 206 homes had suffered slight damage; 70 homes had minor damage; 107 houses had major damages; and 45 houses were so severely damaged that they were condemned and people were prohibited from returning to what was remaining of their properties. The Town and County were both awarded $700,000 in Community Development Block Grant (CDBG) Urgent Needs Open Submission (UNOS) funds. The proposed improvement plan focused on the rehabilitation and substantial reconstruction of houses that were directly damaged as a result of the tornadoes where homeowners lacked sufficient insurance or other financial resources to complete the needed repairs. Both projects were successfully completed with a combined total of 11 houses rehabilitated and 16 houses substantially reconstructed. Shawn Utt, Town Manager sutt@pulaskitown.org (540) 994-8601 Town of Pulaski, VA DocuSign Envelope ID: D86A66E7-4DE7-4FD0-946D-FE5F106A04AA Thomas Jenkins, Director of Planning, Zoning and Wetlands, County of Mathews (804) 725-4034 Surrounded by water on three sides, Mathews County has a long history of battling flooding. These projects focused on the elevation or acquisition of properties damaged by flood waters in the Nor’easter storm until Hurricane Sandy. Emphasis was placed on reducing the potential loss of life and property damage from flooding and the creation of additional green space within the county. Project work tasks included performing benefit-cost analyses and providing application assistance. Summit assisted the County in applying for hazard mitigation funds through the Federal Emergency Management Agency (FEMA). We assisted community stakeholders and the County with the identification of homes that had been damaged by flooding and informed local citizens of flood mitigation opportunities. Applications were initially submitted following Tropical Storm Ida. The subsequent award provided funds to elevate six homes out of the floodplain and the acquisition of one property. We also helped secure a grant for the elevation of one Severe Repetitive Loss (SRL) property in the northeastern section of the county. Three applications tied to Tropical Storm Irene, the Louisa County Earthquake, and Hurricane Sandy were awarded in 2014 and elevated twenty-one homes and acquired three properties. These grants completed in 2018, removed residents from flood hazard areas resulting in enhanced public safety for the community as well as improving the County’s Community Rating System score, which will lower insurance rates for homeowners. There were no change order/contract changes to our grant management fees. The individual homes had changes orders but all grants were complete on time and budget. Mathews County, VA DocuSign Envelope ID: D86A66E7-4DE7-4FD0-946D-FE5F106A04AA Summit assisted the County in the development of a Disaster Mitigation Recovery Plan. We worked with community stakeholders and the County to identify major obstacles and opportunities and to develop strategies and goals for flood recovery. All work products were considered in relation to the availability of state and federal funds. A recovery program was developed that included flood relief/mitigation, housing, recreation, and conservation. Since 2006, the plan has used both Hazard Mitigation Grant funds and Community Development Block Grant (CDBG) funds to assist in the construction of new homes as well as the elevation of over 100 homes out of the floodway. The program also helped to establish a community park as well as to create over 100 acres of dedicated permanent open space in some of the most environmentally sensitive areas of the County. The applications submitted under the various grants resulted in over $750,000 in CDBG Urgent Needs funds and over $13.7 million in HMGP Mitigation funds. Summit was the grant manager for this grant and not the project engineer. There were no change order/contract changes to our grant management fees. The individual homes had changes orders but all grants were complete on time and budget. William Lindsey, Director of Purchasing, County of Gloucester (804) 693-4042 Gloucester County, VA DocuSign Envelope ID: D86A66E7-4DE7-4FD0-946D-FE5F106A04AA V0076-23 OC EM HMGP 503 Brandywine Road BOUNDARY SURVEY WITH EXISTING CONDITIONS • Research Orange County Register of Deeds and GIS to identify owners of record for subject parcel and adjacent parcels, abutting Rights of Way and encumbrances, easements and restrictions of record related to the subject parcel. • Tie to NC Grid NAD 83/11 horizontal and NAVD 88 vertical datum by GPS (VRS) methods. • Recover and identify existing monumentation. • Survey parcel boundary. • Replace missing monumentation. • Identify/locate easements, restrictions and encroachments. • Locate above ground site improvements (dwelling and accessory uses). • Locate above/below ground (to extent readily identifiable and/or as identified by client) storage tanks. • Locate identifiable utilities, ie. gas, electric, water & sewer to extent visible and accessible and/or as marked by others. • Determine location of Flood Hazard lines and Base Flood Elevation per FRIS. • Locate Finish Floor Elevation of lowest floor of dwelling and lowest and highest adjacent grades. • Show results of survey on 11”x17” format drawing at a scale sufficient to view all detail as needed, signed and sealed by a NC Professional Land Surveyor. • Provide to Orange County three 11 X 17 copies of the signed and sealed Survey along with a digital copy of the Survey for reproduction as needed by the County $1980.00 503 Brandywine Road, Chapel Hill, Orange County, NC. Orange County PIN 9777206348. See Deed Book 5616, Page 500, Orange County Registry. DocuSign Envelope ID: D86A66E7-4DE7-4FD0-946D-FE5F106A04AA Principal Architect $240.00 Senior Architect/Engineer $230.00 Senior Project Manager $200.00 Project Manager $180.00 Senior Professional $185.00 Project Professional III $175.00 Project Professional II $150.00 Project Professional I $130.00 Engineering Intern $110.00 Intern $70.00 Project Coordinator $135.00 Staff Professional III $115.00 Staff Professional II $105.00 Staff Professional I $85.00 Designer III $120.00 Designer II $110.00 Designer I $95.00 Construction Inspector $95.00 Field Technician IV $90.00 Field Technician III $80.00 Field Technician II $70.00 Field Technician I $60.00 Principal Planner $150.00 Planner III $125.00 Planner II $115.00 Planner I $90.00 Planning Technician $85.00 Admin/Clerical $70.00 Field Services: Scheduling of field services requires no less than 24 hours notice Overtime for Field Services: Over 8 hours a day, Over 40 hr/week, nights and Saturdays Regular Time x 1.5 per hour Doubletime: Sundays and Holidays Regular Time x 2 per hour Travel (Portal to Portal) Prices are in effect 30 days from the date of proposal Rates are subject to a 5% Annual Escalation DocuSign Envelope ID: D86A66E7-4DE7-4FD0-946D-FE5F106A04AA