NCS000515_McGill Contract for SW reviews_20200921

I1' : mill,_
This AGREEMENT made and entered into this the day of , 2018, by
and between the Town of China Grove, North Carolina, hereinafter r ferred to as
"OWNER" and McGill Associates, P.A. with offices at 19th Street Lane, NW, Hickory, North
Carolina, hereinafter referred to as ENGINEER.
WHEREAS, the OWNER desires to retain ENGINEER, a professional consulting firm, to
provide services for assisting with the Town's storm water program, and the
accomplishment of certain PROJECTS, from time to time, to be defined by subsequent
Task Orders which will reference, and be supplements to, this AGREEMENT, and;
WHEREAS the OWNER will require On -Call professional consulting services from time to
time to assist with the storm water issues, in addition to potential other various functions
and services provided by the Town, including but not limited to surveying, engineering,
public financial services, land planning and recreation, environmental and regulatory
compliance, capital improvements planning, funding and grantsmanship, economic
development, construction administration, and;
WHEREAS, the ENGINEER desires to provide such professional consulting services as
may be agreed by the parties in accordance with this AGREEMENT;
NOW, THEREFORE, in consideration of the mutual covenants and benefits contained
herein, it is hereby mutually understood and agreed as follows:
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SECTION 1 — TYPES OF SERVICES RENDERED
1.1 SERVICES RENDERED FOR STORM WATER SERVICES
1.1.1 From time to time, on an as -needed basis the OWNER may request assistance with
administration of the Town's Storm Water program. This AGREEMENT shall apply
for Services initiated by the OWNER and rendered by the ENGINEER.
1.2 SERVICES RENDERED FOR PLAN REVIEW SERVICES
1.2.1 From time to time, on an as -needed basis the OWNER may request assistance with
reviewing plans for construction and development within the Town's planning
jurisdiction. Plan reviews may include, but not necessarily be limited to, storm
water, roadway, zoning, and ordinance compliance. This AGREEMENT shall apply
for Services initiated by the OWNER and rendered by the ENGINEER.
1.3 SERVICES RENDERED FOR ON -CALL SERVICES
1.3.1 From time to time, on an as -needed basis the OWNER may request On -Call
Services be rendered by the ENGINEER. This AGREEMENT shall apply for On -
Call Services initiated by the OWNER and rendered by the ENGINEER.
1.4 SERVICES RENDERED FOR PROJECT TASK ORDERS
1.4.1 This Agreement shall apply to as many projects as OWNER and ENGINEER agree
will be performed under the terms and conditions of this Agreement. Each project
ENGINEER performs for OWNER hereunder shall be designated by a "Task
Order." A sample Task Order is attached to this Agreement and marked as Exhibit
"B". No Task Order shall be binding or enforceable unless and until it has been
properly executed by both OWNER and ENGINEER. Each properly executed Task
Order shall become a separate supplemental agreement to this Agreement.
1.4.2 In resolving potential conflicts between this Agreement and the Task Order
pertaining to a specific project, the terms of the Task Order shall control.
1.4.3 In performing services pursuant to this Agreement and any Task Order, ENGINEER
shall comply with all applicable laws, rules, regulations, ordinances, codes,
standards, and orders of any and all governmental bodies, agencies, authorities,
and courts having jurisdiction.
1.4.4 ENGINEER's basic services and responsibilities for each Task Order are outlined
herein and further defined in each Task Order. A detailed Scope of Services for
each Task Order, or for Additional Services, will be developed at the direction of the
OWNER and will formally become a part of this Agreement through a Task Order
executed by both parties. Each Task Order shall include payment provisions and
provisions for time of completion by ENGINEER.
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2.1
2.2
2.3
2.4
2.5
SCOPE OF SERVICES
ENGINEER shall render professional consulting services to the OWNER as set
forth in each of the individual Task Orders or as may be required by the OWNER
from time to time in the provision of General Services.
STANDARD OF CARE
ENGINEER will perform its services using that degree of skill and diligence normally
employed by professional engineers or consultants performing the same services at
the time these services are rendered.
AUTHORIZATION TO PROCEED
Execution of this Agreement will be considered authorization for ENGINEER to
proceed with any General Services that may be required and initiated by the
OWNER. Each signed Task Order will be considered authorization to proceed only
for the scope of work specific to that individual task order.
CHANGES IN SCOPE
The OWNER may request changes in the Scope of Services provided in Task
Orders. If such changes affect ENGINEER cost of or time required for
performance of the services, an equitable adjustment will be made through an
amendment to the associated Task Order.
COMPENSATION
2.5.1 The OWNER shall pay the compensation to ENGINEER as set forth in each
of the Task Orders initiated by the OWNER. The OWNER shall
compensate ENGINEER for General Services initiated by the OWNER and
provided by ENGINEER, in accordance with the "Basic Fee Schedule"
attached hereto as "Exhibit A". This Basic Fee Schedule shall be valid for a
period of two (2) years starting upon the date of the OWNER's acceptance of
this agreement.
2.5.2 ENGINEER shall submit invoices to the OWNER monthly for work
accomplished under this agreement and the OWNER agrees to make
payment to ENGINEER within thirty (30) days of receipt of the invoices.
OWNER further agrees to pay interest on all accounts invoiced and not paid
or objected to for a valid cause in writing within said thirty (30) days at a rate
of 1-1/2 percent per month (18 percent per annum), until paid. It is also
mutually agreed that should the OWNER fail to make prompt payments as
described herein, ENGINEER reserves the right to immediately stop all work
under this agreement until disputed amounts are resolved.
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2.6 PERSONNEL
ENGINEER represents that it has, or will secure at their own expense, all personnel
required to perform the services under this agreement and that such personnel will
be fully qualified and adequately supervised to perform such services. It is mutually
understood that should the scope of services require outside subcontracted
services, ENGINEER may do so at their discretion.
2.7 OPINIONS OF PROBABLE COST
Any costs estimates provided by ENGINEER shall be considered opinions of
probable costs. These along with project economic evaluations provided by
ENGINEER will be on a basis of experience and judgment, but, since ENGINEER
has no control over market conditions or bidding procedures, ENGINEER cannot
warrant that bids, ultimate construction cost, or project economics will not vary from
these opinions.
2.8 TERMINATION
This Agreement may be terminated by OWNER upon 15 days written notice for any
reason or no reason at all. This Agreement may also be terminated by a party if the
other party fails substantially to perform through no fault of the non -defaulting party
and does not commence correction of such non-performance within 5 days of
written notice to do so and diligently complete the correction thereafter. On
termination, ENGINEER will be paid for all authorized work performed up to the
termination date plus reasonable project closeout costs.
2.9 LIMITATION OF PROFESSIONAL LIABILITY
ENGINEER'S liability (including the liability of ENGINEER'S directors, officers,
employees and subcontractors) for OWNER's damages resulting from professional
negligence will, in aggregate, not exceed the total fees paid by the OWNER for the
Scope of Services referenced herein or $50,000, whichever is greater. This
provision takes precedence over any conflicting provision of this Agreement or any
documents incorporated into it or referenced by it. At additional cost, OWNER may
obtain a higher limit prior to commencement of services.
2.10 ASSIGNABILITY
This agreement shall not be assigned or otherwise transferred by either ENGINEER
or the OWNER without the prior written consent of the other.
2.11 SEVERABILITY
The provisions of this Master Services Agreement shall be deemed severable, and
the invalidity or enforceability of any provision shall not affect the validity or
enforceability of the other provisions hereof. If any provision of this consulting
services agreement is deemed unenforceable for any reason whatsoever, such
provision shall be appropriately limited, and given effect to the extent that it may be
enforceable.
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2.12 OWNERSHIP OF DOCUMENTS
All documents, calculations, drawings, maps and other items generated during the
performance of services shall be considered intellectual property and remain the
property of ENGINEER. The foregoing notwithstanding, ENGINEEER grants
OWNER a non -revocable license to use the deliverables in any manner its sees fit
in connection with the intended Project. Use beyond the intended Project is
prohibited. ENGINEER shall assume no liability for inappropriate use of the
deliverables.
2.13 EXCUSABLE DELAY
If performance of service is affected by causes beyond ENGINEER control, project
schedule and compensation shall be equitably adjusted.
2.14 INDEMNIFICATION
OWNER and ENGINEER agree to indemnify, defend and hold each other harmless
from any and all claims, and costs brought against either party which arises in whole
or in part out of the failure by the other party to promptly and completely perform its
obligations under this agreement, and as assigned in each of the Task Orders.
Information supplied by the OWNER shall be deemed reliable by ENGINEER in
performing its duties.
2.16 INSURANCE
ENGINEER shall provide and maintain, at its own expense, during the term of this
Agreement the following insurance covering its operations. Evidence of such
insurance shall be delivered to the OWNER on or before the commencement of
work. OWNER shall be given written notice at least thirty (30) days in advance of
any termination of any insurance coverage.
A. AUTOMOBILE LIABILITY
Bodily injury and property damage liability insurance covering all owned, non -
owned, and hired automobiles for limits for bodily injury of not less than $1,000,000
per person and $2,000,000 per accident, and property damage limits of not less
than $1,000,000 per accident. The automobile liability insurance coverage amounts
may be satisfied with a combination of primary and excess/umbrella coverage.
B. COMMERCIAL GENERAL LIABILITY
Bodily injury and property damage liability shall protect the ENGINEER performing
work under this Agreement from claims of bodily injury or property damage which
arise from operation of this Agreement, whether such operations are performed by
ENGINEER or anyone directly or indirectly working for or on ENGINEER' behalf.
The amounts of such insurance shall not be less than $1,000,000 bodily injury each
occurrence/$2,000,000 aggregate and $1,000,000 property damage each
occurrence/$2,000,000 aggregate. This insurance shall include coverage for
products/completed operations, personal and advertising injury liability and
contractual liability in an amount not less than $1,000,000 each occurrence /
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$2,000,000 aggregate. The liability insurance coverage amounts may be satisfied
with a combination of primary and excess/umbrella coverage.
C. PROFESSIONAL LIABILITY
Insuring against professional negligence/ errors and omissions on an occurrence
basis with policy limits of $2,000,000 per claim/$2,000,000 annual aggregate.
D. WORKERS' COMPENSATION
Worker's Compensation insurance meeting the statutory requirements of the State
of North Carolina, even if not required by law to maintain such insurance. Said
Workers' Compensation insurance shall have at least the following limits: Employers
Liability - $500,000 per accident limit, $500,000 disease per policy limit, $500,000
disease each employee limit.
2.16 CHOICE OF LAW
This Agreement shall be governed by the internal laws of the State of North
Carolina.
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3.1 PAYMENT FOR SERVICES RENDERED
3.1.1 TASK ORDERS: The OWNER will pay the ENGINEER for Basic Services
rendered as outlined in each Task Order.
3.1.2 STORM WATER, PLAN REVIEW, AND ON -CALL SERVICES: Due to the limited
scope and short duration of need, the OWNER will pay the ENGINEER for services
rendered for Storm Water, Plan Review, and On -Call services an amount based on
actual time spent and expenses incurred by principals and employees of the
ENGINEER in accordance with Exhibit "A" — Standard Rate and Fee Schedule.
3.1.3 ENGINEER will invoice separately for each task order, Storm Water, Plan Review,
and On -Call services, should there be any. ENGINEER's Storm Water services
invoice will identify any project plan reviews accomplished. Each invoice will include
an itemization of ENGINEER's staff type, hours expended, and expenses incurred.
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4.1 This Agreement and subsequent Task Orders constitutes the entire agreement
between the OWNER and ENGINEER and supersedes all prior written or oral
understandings. This Agreement may only be amended, supplemented or modified
by a duly executed written instrument.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement as of the day and year first written above.
(SEAL)
Town Clerk
McGILL ASSOCIATES, P.A.
LM
Douglas Chapman, PE
Principal — Hickory Office Manager
TOWN OF CHINA GROVE
By:
Town Manager
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EXHIBIT A
STANDARD RATE AND FEE SCHEDULE
PROFESSIONAL FEES
HOURLY RATE
Firm Principal
$190.00
Program Services Manager 1
$150.00
Program Services Manager II
$160.00
Senior Project Manager 1
$160.00
Senior Project Manager II
$170.00
Senior Project Manager III
$175.00
Project Manager 1
$140.00
Project Manager II
$150.00
Project Engineer 1
$105.00
Project Engineer II
$115.00
Project Engineer III
$125.00
Engineering Associate 1
$ 85.00
Engineering Associate 11
$ 90.00
Engineering Technician 1
$ 80.00
Engineering Technician 11
$ 90.00
Engineering Technician 111
$100.00
Environmental Specialist 1
$ 80.00
Environmental Specialist 11
$ 90.00
Electrical Engineer 1
$105.00
Electrical Engineer 11
$115.00
Electrical Engineer III
$125.00
Electrical Engineering Associate 1
$ 85.00
Electrical Engineering Associate 11
$ 90.00
Electrical Engineering Technician 1
$ 80.00
Electrical Engineering Technician II
$ 90.00
Electrical Engineering Technician III
$100.00
Mechanical Engineer 1
$105.00
Mechanical Engineer II
$115.00
Mechanical Engineer III
$125.00
Mechanical Engineering Associate 1
$ 85.00
Mechanical Engineering Associate 11
$ 90.00
Mechanical Engineering Technician 1
$ 80.00
Mechanical Engineering Technician II
$ 90.00
Mechanical Engineering Technician III
$100.00
CADD Operator 1
$ 75.00
CADD Operator 11
$ 80.00
CADD Operator III
$ 85.00
Construction Services Manager 1
$120.00
Construction Services Manager 11
$135.00
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Construction Administrator 1
$ 90.00
Construction Administrator II
$100.00
Construction Administrator III
$110.00
Construction Field Representative 1
$ 75.00
Construction Field Representative II
$ 80.00
Construction Field Representative III
$ 85.00
Construction Project Coordinator
$ 75.00
Planner 1
$ 95.00
Planner 11
$110.00
Planner III
$125.00
Planner IV
$135.00
Surveyor 1
$ 80.00
Surveyor 11
$ 90.00
Surveying Associate 1
$ 70.00
Surveying Associate II
$ 75.00
Survey Technician 1
$ 70.00
Survey Technician 11
$ 75.00
Survey Field Technician 1
$ 55.00
Survey Field Technician II
$ 60.00
Survey Field Technician III
$ 65.00
Administrative Assistant (1-11)
$ 70.00
Administrative Assistant III
$ 75.00
Accounting Assistant (1-II)
$ 80.00
I. EXPENSES
a. Mileage - $0.65/mile
b. Robotics/GPS Equipment - $25/hr
C. Survey Drone - $100/hr.
d. Telephone, reproduction, postage, lodging, and other incidentals shall be a direct charge per
receipt.
2. ASSOCIATED SERVICES -
a. Associated services required by the project such as soil analysis, materials testing, etc., shall be at
cost plus ten (10) percent.
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EXHIBIT B
TASK ORDER NO. _
This TASK ORDER NO. _ dated the , day of 20 , is a
supplement to the MASTER SERVICES AGREEMENT between the Town of China
Grove, North Carolina, hereinafter referred to as OWNER and McGill Associates, P.A.,
hereinafter referred to as "ENGINEER". The purpose of this Task Order is to authorize
the ENGINEER to provide services for the "PROJECT' entitled:
SECTION 1 - PROJECT DESCRIPTION:
The project can generally be described as:
SECTION 2 - SCOPE OF SERVICES:
The Engineer shall provide all professional services (the "Services") for the
Project including, performance of the following:
1
2
3
4
SECTION 3 — COMPENSATION
The Owner shall pay the Engineer for services outlined in Task Order No. the
following Not to Exceed and/or Lump Sum amounts:
1
$
2
$
3
$
4
$
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SECTION 4 - MISCELLANEOUS
Except as otherwise provided herein, this Task Order supersedes all prior written
or oral understanding of the parties and may only be changed by a written amendment
executed by both parties.
SECTION 5 — AUTHORIZATION TO PROCEED
IN WITNESS WHEREOF, and as AUTHORIZATION TO PROCEED the parties
execute below this Task Order No. _ in duplicate originals:
EXECUTED this day of , 20
McGill Associates, P.A.
Douglas Chapman, P.E.
Principal — Hickory Office Manager
Town of China Grove
as
Name:
Title:
This instrument has been preaudited in the manner required by the
Local Government Budget and Fiscal Control Act.
Finance Director
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