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HomeMy WebLinkAboutOTHER-2024-102-Approval of Addendums to Orange County Transportation Services-OCTS-On-call Professional Services Contract with WSP alglaq Attachment 3 NORTH CAROLINA ORANGE COUNTY ADDENDUM ORANGE COUNTY THIS CONTRACT ADDENDUM ("Addendum") is made and entered into this 4th day of December, 2024 by and between ORANGE COUNTY (hereinafter referred to as " County") and WSP , USA (hereinafter referred to as "Provider") , i i WITNESSETH : THAT WHEREAS , the County and Provider entered into a contract dated January 2 , 2024, (hereinafter the "Agreement") , for the provision of services for Specific tasks paid with current Department operating funds for Survey portion of the Transit Access Sidewalk along Orange Grove Road . See attached scope of work and schedule ; and WHEREAS , the County and Provider desire to modify the Agreement through this Addendum while keeping in effect all terms and conditions of the Agreement not inconsistent with the terms and conditions set forth below . NOW THEREFORE, for and in consideration of the mutual covenants and agreements made herein, the parties agree as follows : 1 . Independent Contractor and Third Party Beneficiaries : 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 1 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 . There are no third-party beneficiaries of this Agreement and nothing in this Agreement, express or implied, is intended to confer on any person other than the parties hereto (and their respective successors , heirs and permitted assigns) , any rights , remedies , or obligations . 2 . Insurance : Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers ' Compensation Insurance, and any additional insurance as may i 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 : // vw . oran eg countnc . og v/departments/purchasing division/contracts . php) . If County ' s Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here See COI (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 . 3 . Indemnity : 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 directly or indirectly to the Services to be provided in the 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 . 4 . Entire Agreement and Signatures * The parties have read this Addendum to the Agreement and agree to be bound by all of its terms unless and until modified in writing and signed by the parties . Modifications may be evidenced by telefacsimile signature . The Agreement together with any Revised 01 /24 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 I IA and Article 40 of North Carolina General Statute Chapter 66 . 5 . Governing Law and Priority : Both parties agree the 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 Orange County policy is incorporated herein by reference and may be viewed at j httt) *, //www . orancrecountvnc . gov/departiiients / division /contracts . php .) . Any violation of this requirement is a breach of the Agreement and County may immediately terminate the 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 the 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 the 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 the Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina I General Statutes . In addition to this Addendum, should any documents , exhibits , or other addenda be attached to the Agreement, the terms of this Addendum shall have priority in any conflict with or among the terms of the Agreement and such referenced documents , exhibits , or other addenda . i 6 . Dispute Resolution : Neither party may initiate binding arbitration . Any disputes shall be resolved by nonbinding mediation in Orange County, North Carolina or within twenty-five (25 ) miles thereof. 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 the 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 . 7 . Non Appropriation : Provider acknowledges that County is a governmental entity, and the validity of the 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 the Agreement, then the Agreement shall automatically expire I' without penalty or further obligation to County immediately upon written notice to Provider of the unavailability or non- appropriation of public funds . IN TESTIMONY WHEREOF, this Addendum has been executed by the parties hereto , as of the date first above written . ORANGE COUNTY PROVIDER 5�0 P for vis Myren Emily Ritzler, AICP County Manager Senior Vice President Revised 01 /24 ORANGE COUNTY-INTERNAL USE ONLY Finance Information Vendor Name : WSP USA Vendor Contact Person : Shivang, Shelat, AICP Phone * (984)2694651 Address : 434 Fayetteville Street City Raleigh State : NC Zip : 27601 Department : OCTS Amount: $ 80 ,406 . 97 Purpose : Orange Grove Road Transit Access Sidewalk - Survey Budget Code(s) : 10435220 6300000 OCTS Contract Services 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 OCTS Signature Authority ❑ BOCC Express Delegation (Agenda Date . ) Policy 9 . 46 ❑Under $ 5 , 0004 ® 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 ❑ The 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. ❑ The Agreement is approved as to technical form and content. Services related to the Agreement have already begun or been completed . Description of the nature of the emergency condition that was addressed : Department Director ' s Signature Date : I Information Technologies The 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 The Agreement is approved for sufficiency of insurance standards , specifications, and requirements : Office of the Risk Management Officer Date : Financial Services i 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 . I Legal Services The 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 : Received for record retention . Office of the Clerk to the Board Date : Revised 01 /24 Scope of Services and Fee Estimate Transit Access Sidewalk Along Orange Grove Road Orange County Under this scope of services , WSP will provide Surveying for adding a sidewalk on the westside from Cedar Ridge High School first driveway on New Grady Brown School Road to the intersection with Orange Grove Road (approximately 500 ft . ) . Then heading north on Orange Grove Road approximately 1 mile to Eflin Boulevard . Contents Task 1 - Project Management and Project Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Task2 - Surveying . . 2 a a a a M a M a a M S M a 4 a a a a a a a a a a a 5 a a a a a 5 a a a V ff a ff a a a 6 K a a W a V 6 a a 0 1 V 0 a a a a a W a s s a a M M M z a a a a a a a a a a a a a a 9 ff a a V a a a a S * a a 0 V 0 a a S a W a M a a 4 1 a a a a a a a a a a a 8 a a W I Deliverables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Task 1 Project Management and Project Administration Project Schedule/ Plan and Maintenance WSP , in coordination with the ORANGE COUNTY, will develop a project schedule for this scope . WSP will prepare a monthly progress report for the duration 3 months of this task order. The progress report will describe the accomplishments made in the last month updating the overall project status . This will be submitted with each invoice , c i Coordination WSP will maintain continuous coordination with the ORANGE COUNTY for the duration of 3 months for the task order . This coordination includes regular transmittals of project correspondence and records as well as telephone contact for immediate attention . Task 1 Fee: $5, 819. 34 I Task 2 Surveying c i Task 2 . 1 — Survey : Survey limits are defined as approximately 1 . 07 miles of sidewalk from Cedar Ridge High School first driveway on New Grady Brown School Road to the intersection with Orange Grove Road (approximately 500 ft. ) . Then heading north on Orange Grove Road approximately 1 mile to Eflin Boulevard. This is an English project and will be mapped at a 1 " — 50 ' scale using Bentley Open Road Designer and the latest version of NCDOT Location & Surveys workspace . The following are the list of subtasks performed : 1 . Courthouse research will be performed for approximately 10 properties within the project limits . WSP will provide the ORANGE COUNTY with PDF copies of deeds and plats . 2 . A letter will be mailed out prior to beginning field work. The letter will state Barry W . Creed, PLS as the primary contact person for survey related work. A sample letter will be sent for approval before the letters are mailed. WSP will also attempt to contact property owners or tenants , door to door, prior to beginning survey . 3 . WSP will establish Baseline Control staked and traversed according to Location & Surveys guidelines . Additional baseline control points will be set with #5 rebar and stamped NCDOT using aluminum caps containing BL control point # (i . e . BL- 101 ) . All points will be traversed from GPS control by turning two sets of angles per stations and will be looped back to the GPS control monuments . GPS control co -ordinates will be set by WSP . A traverse closure report will be submitted showing closure within a tolerance better than ( 1 : 20000 raw closure) . Baseline will run `age 1 from south to north and point number will be sequential . 811 will be notified to clear areas of any underground utilities prior to driving rebar. 4 . WSP will generate best fit alignments on all -L- lines within the survey limits . The best fit alignment shall be placed within 0 . 5 foot of the mean centerline between the existing edges of pavement. The alignments will be stationed starting at 5+00 . 00 -BL- and 10+00 . 00 —EL- and provided in Open Road Designer format . The alignment will be mapped in the FS design file . 5 . WSP will set and establish 2 benchmark as per Location & Surveys guidelines . The Benchmark data will be tied to NAVD 1988 vertical datum from the nearest project control point. A digital level loop will be run through all points and to a turning point past the last baseline point then looped back to the GPS pair running through all baseline points twice . The Benchmark information will be included in the baseline alignment text file as a separate section at the end. WSP will provide a spreadsheet showing the level loop raw closures and adjusted results . 6 . Perform Pavement DTM data collection of all "L" and "Y" Lines as indicated in the project limits as noted above . Only edge of pavements and pavement crowns will be surveyed. I i 7 . WSP will make every effort to locate property monumentation and tie down all 10 properties within the project limits . 8 . WSP will use deeds and plats and field evidence to :accurately depict each property with the project limits . Smaller properties will be closed out and mapped per NCDOT standards . For larger properties , only the lines within the project limits will be mapped other lines may be mapped and shown per the surveyor ' s discretion . The R/W will be established per records and field evidence . 9 . WSP will gather enough ground shots within the project limits to accurately depict the terrain within survey limits as noted above . All breaklines , ditches and check shots will be surveyed . Shots will not exceed 50 ' . 10 . WSP will contact 811 to mark utilities within the project limits to support our SITE services . 11 . WSP will locate and provide pipe size and inverts for any storm utility structures within the project limits . WSP will always carry one structure past project limits . Driveway culvert inverts will be collected. 12 . WSP will produce a 2D MicroStation DGN as per Location & Surveys guidelines . SUE performed by WSP and 811 and conventional survey data will be merged into FS file . WSP will produce survey data into the 3D design file . P 13 . WSP will be allowed time for travel from the office to the job site . This project is approximately 1 -hour round trip . WSP will make all practicable efforts to consolidate trips to the job site . 14 . WSP will be allowed time for project management and supervision . 15 . WSP will be allowed time for traffic control and safety . 1 Task 2 Fee: $ 74, 587. 63 Deliverables Task 1 — Project Management • Project Management Plan (PMP) • Quality Management Plan (QMP) • Initial Project Schedule • Documentation of General Coordination activities Page 2 Task 2 — Surveying • Baseline text file containing the Benchmark data • Project level closure report • Traverse closure report ® Deeds and Plats as a PDF • FS design file • 3D design file DTM and TIN file i I I I i G I i i I I ' E r. I I; C I ' i Page 3