HomeMy WebLinkAboutAgenda - 11-18-2008 - 4iORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 18, 2008
Action Agenda
Item No. ~": L
SUBJECT: Contract Renewal for Summit Consulting, PLLC
DEPARTMENT: Purchasing, Solid Waste PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
Pam Jones, 245-2652
Addendum Gayle Wilson, 968-2885
Original 2006 Agreement
PURPOSE: To renew an agreement between the Solid Waste Department and Summit Consulting,
PLLC, for surveying and consulting services at the Orange County Landfill through December 31, 2011.
BACKGROUND: Summit Consulting has been providing surveying and consulting services for the Solid
Waste Department since 2006. During the original agreement Summit Consulting has been utilized for:
• Boundary survey of Walnut Grove Solid Waste Convenience Center (SWCC)
• Design and oversight of Walnut Grove SWCC expansion construction
• Combining Parcels
• Assistance in locating perk test areas and lateral lines for Solid Waste Operations Center site
• General landfill related surveying (gas and groundwater well locations)
Future services may include:
1. Preparation of designs and bid documents for department projects
2. Assistance in preparing scope of work request for proposals
3. Assistance with review of bid documents and proposals
4. Preparation of drawings, calculations, evaluations, estimates, assessments, etc.
5. Review of technical proposals
6. Drainage/erosion control plans
7. The preparation of property line and topographic surveys
8. Other technical assistance as may be necessary
FINANCIAL IMPACT: Sufficient funds to cover anticipated expenditures of about $10,000 through June
2009 are available in the approved FY 2008-09 Solid Waste/Landfill Operations Fund budget.
RECOMMENDATION(S): The Manager recommends the Board approve the agreement renewal with
Summit Consulting and authorize the Chair to sign the Agreement, subject to final review by Staff and the
County Attorney.
STATE OF NORTH CAROLINA ADDENDUM TO AGREEMENT FOR
THE COUNTY OF ORANGE SURVEYING SERVICES
Addendum to that certain Agreement effective January 1, 2006 between The County of Orange,
on behalf of its Department of Solid Waste Management, herein referred to as "County", and
Summit Consulting Engineers, herein referred to as "Surveyor" for services during the continued
operation of the Orange County Landfill, herein referred to as landfill" and other services the
County may require.
In consideration of the mutual promises and conditions set forth herein, the County and Surveyor
agree to amend the Agreement as follows:
Term of Agreement:
The following Sections are amended:
Section D Billin a~yment is amended as follows:
Surveyor's new Schedule of Standard Rates for Survey Services are attached:
Section I Term is amended as follows:
This Agreement, unless amended shall as provided herein, shall be in effect through December 31,
2011.
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SUMMIT
CONSULTING
EFJvR~JEtRISJG ^ ARCHITECTURE ^ ~UR'!E`r IhG
SCHEDULE OF STANDARD RATES
SURVEY SERVICES
1. Principal Surveyor
2. Project Manager
3. Project Surveyor
4. CADD Designer
5. CADD Drafter
6. 1-Man Crew
7. 2-Man Crew
8. 3-Man Crew
9. Administrative/Clerical
10. Mileage
11. Direct Expenses
Includes but is not limited to:
• Postage/Delivery
• Printing/Reproduction
• Advanced Fees
$150.00 / hr.
$120.00 / hr.
$ 90.00 / hr.
$ 60.00 / hr.
$ 45.00 / hr.
$ 60.00 / hr.
$ 95.00 / hr.
$ 120.00 / hr.
$ 37.00 / hr.
$0.585/mi.
Cost + 15%
NOTE:
1. Unit prices are in effect for 30 days from date of proposal.
2. Prices are subject to change.
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IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written.
COUNTY:
BY:
Barry Jacobs, Chair
SURVEYOR:
Signature
Printed Name and Title
Signature
Printed Name and Title
This instrument has been pre-audited in the manner required by the Local Government Budget
and Fiscal Control Act.
ATTEST:
Donna S. Baker, Clerk to the Board
WITNESS:
Finance Director
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STATE OF NORTH CAROLINA
ORANGE COUNTY
I, , a Notary Public for said County and State, do hereby
certify that Donna S. Baker personally appeared before me this date and acknowledged that she
is the Clerk to the Board of Commissioners of Orange County, and that by authority duly given
and as the act of Orange County, the foregoing instrument was signed in its name by Barry
Jacobs, Chair, sealed with its official seal, and attested by herself as its Clerk.
WITNESS my hand and official seal, this the day of 2008.
Notary Public
My Commission expires:
STATE OF
COUNTY OF
I, , a Notary Public, do hereby certify that
personally appeared before me this day and acknowledged
the due execution of the foregoing Agreement.
WITNESS my hand and official seal, this the day of
2008.
Notary Public
My Commission expires:
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STATE OF NORTH CAROLINA AGREEMENT FOR SURVEYING .
THE COUNTY OF ORANGE SERVICES•
This :4greement,;made and entered into this the: day 0 2006, by
and: between-The. County of Orange, on. behalf of: its Solid aster D artment; herein -
referred~ to as "County", and Summit Consulting: Engineers, : herein ~ referred to as
"Surveyor", for .services during the continued operation of the Orange County Landfill;
herein referred to as "landfill", and other services the County may require.
' ~ WITNESSETH •
That• for and in-consideration .of mutual promises and'conditions 'set forth below, the
County and Surveyor: agree as follows:: ` .
A; lhities . of ~ the Surveyor: Surveyor agrees td provide surveying .services that the
..County mad require duringthe operationof the_landfill_and other suiy~y~n~.ssrvices _
than the County may require.; Surveyor shall provide a written scope ofi work and
budget for approval prior to commencing~work. . ~ ~ •
B. Ihrties of the Count}+: County shall provide direction to the Surveyor as to-specific
services required:. The Surveyor slialksubmit-a written-scope of work~sad;estimated
budget for approval, at the County's:sole discretion; prior to commencing work.
C. Relationship of Parties:~-Each; Party'isi and shall remain, an<.independent~ciiatractar
• with-respect to alF services performed under this Agreement. Each party shall select
the means; method;.: and manner of performing their.:,respeetive;scrvices herein.
Nothing•is intended or should be constriigii in'ariy manner'as creating ;or establishing
.the; relationship of: co-partneis: between: tha~•parkies hereto or as<eonstittting either
party as the agent; representative, or employee: of they other, for any purpose or in any
::manner wliatsoever.~ Each party represents that; it has ,or will secures atits own
" oxpense.: all personnel required. ~ in; performing, their.. respective. services under this
` Agreement. Any arrd all personnel of either `party or othea persons. engaged in the
performance of arty work or services under this.Agreement shall:have na contractual
relationship with the other party, and shall not be considered an• employee of any
'other .party.. Any.. and. all ~. claims ~~that n~iglit ~ arise 'under the...: Unemployment
Compensation Act; the Workers'. Compensatian'Act of the State of North Carolina, or
any other applicable Federal or State law,:. rule, •~ or regulation on behalf of said
personnel, arising out of employment or. alleged'emplayment, :including, 'without
limitation, claims of discrimination against either party, its officers,. agents,
contractors, or employees shall in no way be the responsibility of the. other party.. To
-the extent permitted by law, each party shall: defend, indemnify, and :hoi"d; the-other
• Party,• its' officers; agents, and employees harmless: froim any and all such• claims.
Such- personnel or other person§ 'shall neither s zequire ~ nor be entitled to any.
compensation, rights; or benefits of arly kind''whatsoever from: the ether party,
including, without limitation, tenure rights; medical .and hospital care, sick and
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vacation leave, Workers' .Compensation, Re-Employment Insurance, disability,
severance pay, or retirement benefits."
C. Insurance: The .Surveyor shall procure and maintain insurance for protection from
claims under worker's compensation acts; claims for damages because of bodily
injury. including personnel injury, 'sickness or: disease or death of any and all
employees or of any person other:than-suck' employees~and fibm claims or damages
'because of injury.: m or destruction `of. property, including loss of use resulting
then-efrom. The. Surveyor is requires to provide policies certifying:
1. Worker's Compensation: Coverage to-apply for all employees for statutory. lipaits
in compliance with the state and federal laws. The policy must include
employers' liability- with, a limit of $100,000 each accident; $ 100;000 bodily
injury by~disease each employee and $500,000 bodily~injury by disease policy
limit.
~: 'Comprehensive General Liability: Shall have minimum limits of $2,OOD,000 per.
• n]imit for bodily iniuivl liab' ' ~ llama e
liability: This shall include premisesand/oi operations, independent contractors,
products, and/or completed operations; broad' form property damage -and
' explosion, collapse and underground damage coverage and a contractual liability
endorsement..::. ;.: ,~ - _
. 3. Professional Errors- and Omissions Liability:? Coverage, shall have minimum limits
of$1,000,OOO~per claim and $1,000,000 aggregate. :.
4. The County is to be included.` as • an additional insured on the Comprehensive,
General Liability. • This requireinent is to. be stated on the Certficato of..Insarance.
• ' S. Current,: valid insurance policies meeting the requirements. henyin<identified shall
• be maintained • during :'the:. duration of. the_ named project.:.:: ~R¢newal: certificates.
r;. shall be;.sent to~ tho Countythirty ~30j days prior to any expiration dates:°'There
} ~ ~~ ~ ' ~ ~ shall 'also be-~ 30 day notificationto the. County in :the event of a .cancellation or
modificatton~..of any' stipulated ~insuraace :coverage:-Ceftificate~ of,insurance
~. ~ meeting. the ~ required insurance provisions shall be forwarded to: the ~ County.
Wording on the certificate, which states: that no liabili4y shall be imposed upon the
company' for: failure to provide; such nottca• is-;not .acceptable aad• should be
deleted..Original policies or certified .copies of policies may be: required by the
County at any time.: ' :~
6. ,Certificates of Insurance for all the insuranc8 coverage descnbed herein shall be
submitted to`the county upon execution of a contract by~the Engineer: , :.
• Z. Ail fiisurauce required under-.this agreement shall be vvrittea with: a company
licensed to do business in North-Carolinas Ceztified copies insurance policies may
be requested by the County ~ ,,
8. Surveyor agrees to indemnify and hold ,harmless :the County from all. loss,
liability; claims: or. expense. (including;reasonable attorneys' fees). arising frorii
bodily.injuiyy including death or propertyc damage to any personor~persons caused
in whole or in part by the negligence'or:willful.misconduct of the Surveyor.except
to the. extent same axe caused by the negligence or misconducf of the County:
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D, . Billing_and Payment: Compensation for work performed under this agreement shall ;
be paid based on Surveyor's Schedule of Standard Rates for Surveying- Services
attached to this. agreement. The County, shall pay Surveyor within thirty (30) days of
receipt of an accurate invoice approved by the County.
E. Amendment ~ .ThisAgreement maybe amended, in writing, by mutual agreement of
the County and Surveyor.
F. Appropriation of >ilinds:., This Agreement is subject to appropriation of required. funds
by the Orange Goiuty Commissioners.
G. Termination: 13ither the County or the Surveyor may terminate this. Agreement at any
time with or without cause upon giving the other palmy 21-calendar days prior written
notice. County shall within sixty calendar days following.. termination pay the
Surveyor for all servicesrendered and all costs incurred up to the date of termination.
-_----------_•H.__Subcontractors:_ The_SurVeyor shall obtain County's_written_approval before using.,.....
any subcontractors or sub consultants:
L Term: This Agreement, unless amended as provided herein, shall be in effect through
December 31, 2008. This agreement maybe extended up to three additional years.
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IN TESTIMONY. WI~REOF, the parties have hereunto set their hands and seals the day
and year-first abovewritten. '
..
ORANGE COUNTY: 4
This instrument has been pre-audited in the manner required by the Local Government
Budget and Fiscal Control Act.
--~
Finance Director
Date: ~ ~ a5i
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~~ SUMM{T
CwuANet 6iuheen Letter o f 1 n t .ere a
SCHEDULE OF STANDARD RATES
• FOR SURVEYING SERVICES
CLASSIFICATIQN HOIJRi Y lt~'I'E
A. Survey Manager $ 80.00
B. Senior Surveyor ~ S 60.00
C. Office Technician (CARD} $ 45.00
D. 3-Man Field Crew $110.00
E. 2-Man Field Crew $ 85.00
F. 1-Man Field GPS/RTK $ 65.00
G, Administrative S 35.00
H. Ezpense~ and/or Outside Services, (l.l times our diieet cost)
i.e., postage/delivery, reproduction costs, etc.
Pago 9