NCS000402_24_City of Mebane - AWCK Engineering Contract_20210607

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Vendor/Contractor Name:
Vendor#
DocumentName/Title:
Bid # (If applicable)
CITY OF MEBANE ROUTING FORM
Alley Williams Carmen and King
On -Call City Engineering Services
Department: Engineering
Contact Person: Chris Rollins
Phone Number:
Insurance & Risk Management (Required)
*Insurance Certificates must be attached
Department Head (Review & Approve)
Finance Officer (Per Budget Act)
Legal Review
City ar>7 er (If Required)
City Clerk (Attest, Date and Notarize)
Return To: Chris Rollins
Department: Admin
Date Received
Signature
DeadlineforSigning: G/LAceountNumber(s): Contract DollarAmount(s):
Special Distribution Instructions Per budget forEnginnering
Notes/Explanation
Contract for On -Call City Engineering Services
and City Engineer
Vendor Mail ingAddress/Telephone
PO Box 1179
Burlington, NC 27216
919-226-5534
Form Revised 09/2014 Please do not remove form if revisions to document are necessary
0

CITY OF MEBANE CONTRACTOR AGREEMENT
Name of Independent Contractor: Contact Information:
Alley Williams Carmen & King PO Box 1179 Burlington NC 27216 336-226-3354
Name of Person Completing this Information:
Type of Work Performed -
On -Call Engineering Services, City Engineer Services & Construction Inspections
Type of
Business: Individual Sole Proprietor Partnership LLC Corporation
0
Duration of Contract:
5 Years
Contract Dollar Amount:
Per Engineering Budget in the General Fund and Utility Fund
How many total employees does the Contractor employ (including
owner(s))?* 31
How many total employees does the Contractor employ (excluding owner
(s))?* 1 20
*The North Carolina Workers' Compensation Act requires that all businesses which employ three
or more employees obtain workers' compensation benefits for their employees.
Please read the following, check or initial each item, and sign below: In consideration of an
agreement with the City of Mebane to perform work, the times and under the circumstances
described in the attached agreement, the Contractor hereby agrees:
0 to take all measures necessary to promote the safety of all employees;
❑✓ to indemnify and hold harmless the City of Mebane and its officers, agents and
employees from all loss, liability, claims or expense (including reasonable attorneys' fees)
arising from bodily injury, including death or property damage to any person or persons
caused in whole or in part by the negligence or willful misconduct of the Contractor
except to the extent same are caused by the negligence or misconduct of the City;
to show evidence of Contractor's current valid insurance (if applicable) during the duration
of the named project. The required coverage limits are:
■ $1,000,000 per occurrence for Comprehensive General Liability and Business
Automobile.
• $5,000,000 for Umbrella Liability/Excess Liability coverage
CM-136
Rev. 0313112018

CITY OF MEBANE CONTRACTOR AGREEMENT
Zto show evidence of $500,000 for Workers' Compensation Insurance coverage or hereby
acknowledges that he/she does not carry Worker's Compensation Insurance and the
undersigned hereby waive and release the City, its agents, officers and employees from
any and all claims which arise from the performance of the work, whether such claims are
based upon breach of contract, in tort, upon failure of Contractor to maintain Worker's
Compensation Insurance, or upon any other theory of liability;
to name the City of Mebane as an additional insured, and include a waiver of subrogation
in favor of the City of Mebane with regard to General Liability and Workers Comp; and
17 to promptly notify the Director of Risk Management and the insurer issuing the
Comprehensive General Liability Insurance policy referred to above of any occurrence that
might give rise to a claim for damages growing out of the work.
for construction activity, guarantee all work for twelve (12) months and adhere to City of
Mebane standards and details. For any work done on N.C. DOT roads, comply with
applicable DOT requirements.
❑provide a certified statement at completion of construction that all materials and
subcontractors have been paid in full and releases the City from any responsibility.
provide certified statement of any sales tax paid during the project.
for construction work, complete all work in accordance with approved plans, should such
be available.
❑✓ to comply with the E-Verify requirements of Article 2 of Chapter 64 of the General
Statutes. Further, if contractor utilizes a subcontractor, to require the subcontractor to
comply with the requirements of Article 2 of Chapter 64 of the General Statutes.
NCGS §147-86.58 requires that contractors with the State, a North Carolina local government, or
any other political subdivision of the State of North Carolina must not utilize any subcontractor
found on the State Treasurer's Final Divestment List. As of the date of signing:
❑✓ the contractor certifies that it is not listed on the Final Divestment List created by the State
Treasurer pursuant to NCGS §147-86.58. The undersigned hereby certifies that he or she
is authorized by the vendor or bidder listed above to make the foregoing statement.
N.C.G.S. 147-86.81 prohibits the State of North Carolina and its component units from entering
contracts with entities that have been designated by the North Carolina State Treasurer as being
engaged in the boycott of Israel.
17 The contractor certifies that it is not included in the list of entities designated by the NC State
Treasurer as engaged in the boycott of Israel.
CM-136
Rev. 0313112018

CITY OF MEBANE CONTRACTOR AGREEMENT
Non -appropriation: Contractor acknowledges that the City is a governmental entity, and the
contract validity is based upon the availability of public funding under the authority of its statutory
mandate. In the event that public funds are unavailable and not appropriated for the performance
of City's obligations under this contract, then this contract shall automatically expire without
penalty to the City, thirty (30) days after written notice to Contractor advising of the unavailability
and non -appropriation of public funds. It is expressly agreed that the City shall not activate this
non -appropriation provision for its convenience or to circumvent the requirements of this
contract, but only as an emergency fiscal measure during a substantial fiscal crisis, which affects
generally its governmental operations.
This the day of20_, at
AWCK, Inc.
Contractor Name
Department Head Name
David S. Cheek
City Manager Name
o'clock am/pm.
Contractor 5 nature
Department Head Signature
City Manager Signature
This instrument has been pre -audited in the manner required by the Local Government Budget
and Fiscal Control Act,
Jeanne D. Tate
Finance Officer Name
Finance Officer Signature
APPROVED AS TO FORM AND LEGAL SUFFICIENCY.
City Attorney
CM-136
Rev. 0313112018

STATE OF NORTH CAROLINA CONTRACT FOR ON -CALL CITY
COUNTY OF ALAMANCE AND ORANGE ENGINEERING SERVICES OF
THE CITY OF MEBANE
ENGINEERING DEPARTMENT
THIS AGREEMENT, made and entered into this day of ,
2019, by and between the City of Mebane, a North Carolina Municipal Corporation
(hereinafter called "the City") and Alley, Williams, Carmen & King, Inc., a North Carolina
Corporation located in Burlington, North Carolina (hereinafter called "the City
Engineering Firm (CEF) ").
WITNESSETH:
WHEREAS, the City is actively implementing water, wastewater, street,
stormwater and environmental engineering activities for the benefit of the community; and
WHEREAS, the CEF has expertise in the administrative management of city
engineering activities and has submitted a statement of qualifications to the City in
response to its request for qualifications pertaining to same; and
WHEREAS, the City accepts the CEF's proposal for said services;
NOW THEREFORE, the City and the CEF agree as follows:
1. SCOPE OF SERVICES: The CEF agrees to provide and perform for and
on behalf of the City all of those services stipulated in the Scope of Services attached to
this contract as Exhibit "A", of which are hereby incorporated as a part of this contract as
if fully set forth herein. The City agrees to perform in a timely manner all the necessary
and usual obligations of a City that are required to support implementation of the City's
Engineering activities and to support the CEF in the carrying out of the Scope of Services.
The term of this agreement is for a five-year period and may be extended for two additional
five-year periods. Unless the contract is amended or terminated as herein provided.
2. COMPENSATION FOR SERVICES: In the provision of the
aforementioned services, all of which are described in Exhibit "A", the CEF shall receive
compensation for an estimated fee of the FY19 budgeted amounts and subsequent budgeted
amounts in following years for as long as the contract is in place. This fee shall be paid to
the CEF in accordance with Section 3 below. It is specifically agreed that the cost of
providing all the agreed upon services related to the administration by the CEF of the
Mebane Engineering Department shall not exceed the budgeted amounts unless
specifically authorized by the City in advance. Any different or additional Scope of
Services approved and authorized by the City in advance shall be compensated when
authorized in accordance with the terms agreed to by both parties in a formally executed
Page I 1

Contract Addendum. The parties may adjust the rates by written amendment on an annual
basis. In no event shall the compensation for a particular fiscal year exceed the City
adopted or amended budget for the fiscal year.
3. METHOD OF PAYMENT: The CEF shall submit monthly invoices for
services provided by the last day of each month. The invoice shall include a description of
actual services performed, hours of service rendered, the rate for each service (discounted
from the CEF's then usual and customary rates by 10% for the designated City Engineer
and by 5% for all other employees of the CEF for the described services listed in Exhibit
A), the monthly total for service and the cumulative total to date in comparison with the
annual estimated fee. The City shall compensate the CEF for services satisfactorily
performed within Thirty (30) days of receipt of said invoice statement. Fees for services
outside the scope of this agreement shall be billed and paid in accordance with the Schedule
of Fees included in Exhibit `B" which is attached hereto.
4. AMENDMENT OR TERMINATION OF CONTRACT: This
agreement may be amended at any time by mutual consent of the parties. If the CEF shall
fail to fulfill in a timely, professional and proper manner all obligations under this contract,
or should the CEF violate any of the covenants, agreements, or stipulations of this contract,
the City shall have the right to terminate this contract immediately by giving written notice
to the CEF of such termination and specifying the effective date thereof at least twenty-one
(21) days before the effective date of such termination. In a like manner, if the City shall
fail to fulfill in a timely, professional and proper manner all obligations under this contract,
or should the City violate any of the covenants, agreements, or stipulations of this contract,
the CEF shall have the right to terminate this contract immediately by giving written notice
to the City of such termination and specifying the effective date thereof at least twenty-one
(21) days before the effective date of such termination. In such event, all finished or
unfinished documents, data, studies, surveys, drawings, maps, models, photographs and
reports prepared by the CEF under this contract shall, at the option of the City, become the
property of the City and the PEF shall be entitled to receive just and equitable compensation
for any work satisfactorily completed pursuant to this contract. However, the City shall
not be obligated to pay any remaining charges for work satisfactorily completed where
there exists a right in favor of the City for refund, reimbursement or offset in connection
with any obligations arising from the CEF to the City.
5. INSURANCE AND INDEMITY REQUIREMENTS: To the extent
permitted by law the CEF shall indemnify and save harmless the City, its agents and
employees and assigns from and against all loss, cost damages, expense and liability
caused by sickness and disease to any person; or damage or destruction to property, real
or personal; arising from the negligent acts, errors, or omissions of the CEF in the
performance of professional services provided to the City. A blanket waiver of
subrogation shall apply in favor of the City and all additional insureds as required by
contract for Workers Compensation and General Liability in accordance with the City's
policy. The CEF further agrees to purchase and maintain during the life of any contracts
entered into with the City the following insurance with an insurance company acceptable
to the City and authorized to do business in the State of North Carolina:
Page 12

(a) Automobile: Bodily injury and property damage liability covering all owned,
non -owned, and hired automobiles for limits of not less than $1,000,000 each
person/ $1,000,000 each occurrence.
(b) Comprehensive General Liability: Bodily injury and property damage
liability insurance shall protect the PEF from claim of bodily injury or
property damage which arises from operations of this contract. The amounts
of such insurance shall not be less than $1,000,000 bodily injury and property
damage liability each occurrence/ $3,000,000 aggregate. This insurance shall
include coverage for product/completed operations and contractual liability
assumed.
(c) Excess Liability $5,000,000.
(d) under the indemnity provision of this contract The City shall be listed as an
"Additional Insured".
(e) Consultant's Professional Liability: In a limit of not less than $1,000,000.
(f) Workers' Compensation and Occupational Disease Insurance: Worker's
Compensation: $500,000, meeting the statutory requirements of the State of
North Carolina.
Certificates of such insurance will be furnished to the City and shall contain
the provision that the City be given thirty (30) days written notice of any
intent to amend or terminate by either the Consultant or the insuring company.
6. LEGAL REMEDIES: Either party can seek all legal remedies available to
them under the laws of the State of North Carolina including mediation, arbitration, and
other remedies allowed by law.
7. CHANGES: The City may, from time to time, request changes in the Scope
of Services of the PEF to be performed hereunder. Such changes, including any increase
or decrease in the amount of the CEF's compensation which may be mutually agreed upon
between the City and the CEF, shall be incorporated in written amendments to this contract
after appropriate authorization as called for in Section 2 of this contract.
8. EQUAL EMPLOYMENT OPPORTUNITY: The CEF shall not
discriminate against any employee or applicant for employment on account of race, color,
religion, sex or national origin or because of handicapping condition or Vietnam Era
Veteran status. The CEF shall take affirmative action to ensure equal employment
opportunity with respect to all of its employment practices and those of subcontractors is
any.
9. ENTIRE AGREEMENT: This is the entire agreement between the parties
and there are no terms, conditions, representations or warranties relating to the work to be
performed hereunder which are not specifically set forth herein.
10. REPORTS AND INFORMATION: The CEF, at such times and in such
manner as the City may require, shall furnish the City such periodic reports as it may
request pertaining to the work or services undertaken pursuant to this contract, the cost and
Page 13

obligations incurred or to be incurred in connection therewith, and any other matters
covered by this contract.
11. CONFLICT OF INTEREST: The CEF covenants and agrees that during
the term of this agreement, the CEF shall not provide any new professional engineering,
land development design and/or surveying services to any client on any parcel of property
located within the territorial and extraterritorial jurisdiction of the City. Upon execution of
this contract, the CEF shall provide the City with a list of projects within the territorial and
extraterritorial jurisdiction of the City of Mebane upon which a signed services contract
has been executed between the CEF and the client of said projects. Notwithstanding the
prohibition described above, the CEF shall be allowed to proceed with the fulfillment of
the firm's contractual obligations to the extent that those obligations existed prior to the
execution of this agreement provided such services do not conflict directly with City
ordinance or policies. Furthermore, during the term of this agreement, the CEF shall be
responsible for immediately revealing to the City any and all potential conflicts of interest
that might arise.
12. LIMITATIONS OF LIBILITY: The CEF will be reviewing the plans and work
of other engineers, architects, surveyors, and contractors during the normal course of
administrating the engineering department. As a result of such reviews, inspections, and
administrative activities, the consultant is not liable for any errors, omissions,
construction deficiencies or construction repairs for work done by such other engineers,
architects, surveyors, and contractors this limitation of liability shall not relieve CEF of
liability to the extent, if any, should CEF fail to meet the standard of care for plan review
or inspections.
13. E-VERIFY: The CEF will comply with the requirements of Article 2 of Chapter
64 of the General Statutes. Further, if subcontractors are utilized, the Firm shall require
the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the
General Statutes.
14. IRAN DIVESTMENT ACT: The CEF will comply with the Iran Divestment
Act. The firm must certify it is not listed on the Final Divestment List created by the
State Treasurer pursuant to N.C.G.S. 143-6A-4.
15. ISRAEL BOYCOTT ACT: The CEF will comply with the Israel Boycott
Divestment Policy according to N.C.G.S. 147-86.80.
16. CITY ADMINISTRATION: The CEF shall report to the City Manager for all
directives in fulfillment of the services under this agreement and the City Manager shall
be the contact for any complaints, disputes, or other issues that may arise as a result of
the duties provided by the CEF.
17. FEDERAL FUNDS: If the source of funds for a project is federal, the following
federal provisions apply pursuant to 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix
II (as applicable):
Page 14

Equal Employment Opportunity (41 C.F.R. Part 60); Davis -Bacon Act (40 U.S.C. 3141-
3148); Copeland "Anti -Kickback" Act (40 U.S.C. 3145); Contract Work Hours and
Safety Standards Act (40 U.S.C. 3701-3708); Clean Air Act (42 U.S.C. 7401-7671q.)
and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387); Debarment and
Suspension (Executive Orders 12549 and 12689); Byrd Anti -Lobbying Amendment (31
U.S.C. 1352); Procurement of Recovered Materials (2 C.F.R. § 200.322); and Record
Retention Requirements (2 CFR § 200.324)
IN WITNESS WHEREOF, the parties have executed this agreement as of the day
and year first above written.
BY:
ATTEST:
Stephanie Shaw, City Clerk
(SEAL)
CITY OF MEBANE
Chris Rollins, Acting City Manager
This instrument has been pre -audited in the manner required by the Local
Government Budget and Fiscal Control Act.
Jeanne D. Tate, Finance Officer
Approved as to form and Legal sufficiency.
Page 15

Lawson E. Brown, City Attorney
ALLEY, WILLIAMS, CARMEN, &
KING, INC.
BY: ql-"Z, W
F rang Jolt, President
ATTEST:
Mark ilei&jreas, ry
Page 16

EXHIBIT IBIT "A"
SCOPE OF SERVICES
City Engineering Administration Services
GENERAL SERVICES
The CEF will perform professional, technical, and administrative work as the City
Engineer. Generally, the Engineer will aid in administering land development
construction activities within the City. The CEF will serve under the general supervision
of the City Manager.
More specifically, the CEF will:
Provide a person to officially serve as the City Engineer. At a minimum, this
person must hold a Bachelor's Degree in Civil Engineering, must be registered
as a Professional Engineer (P.E.) in the State of North Carolina and must have
at least 15 years civil engineering experience. The City shall approve such
appointment and any future reappointments. The CEF should provide a City
Engineer and a secondary engineer who meets this requirement. Provide
adequate professional and non-professional staff to carry out the duties
described herein under the direction of the City Engineer. A flexible selection
of support staff of engineers, technicians, inspectors and administrators with a
wide range of duties, responsibilities and initiatives are to be provided to carry
out these activities.
2. Assist in the Development, implementation and management of Engineering
Administration Services annual operating budget, the Stormwater Program
Budget, and other budgets as requested.
3. Advise the City of known compliance issues relating to compliance with
applicable local, state and federal environmental laws and regulations.
4. Provide engineering review of all development plans submitted to the City and
provide written comments in regard to engineering issues. This will include
review of stormwater plans for which a N.C. DEQ Certified Stormwater
Reviewer is required.
5. Coordinate local, state and federal permitting for land development projects
(site plans and subdivisions) to be obtained by others.
6. Inspect land development projects for compliance with submitted plans and
city standards. Inspection services frequency will be based on the projects
under construction. Provide final signoffs to the City Manager on site
development projects.
7. Participate in the development of short- and long-range plans and programs
for infrastructure and facilities improvements including, but not limited to,
Capital Improvements (CIP), Street Resurfacing, Sidewalks and Trails,
Transportation, Drinking Water Distribution, Stormwater, and Sanitary Sewer
Collection.

8. Assist the City with application of the City's Flood Damage Prevention
Program and Watershed Ordinance.
9. Assist the City with annual reporting on streets and street maintenance,
annexations, construction projects and other federal and State reporting.
10. Attend regularly scheduled staff level Technical Review Committee meetings.
11. Attend the monthly meetings of the City Council (as needed) and provide a
monthly activity report (when requested).
12. Attend and make presentations to various boards and citizen groups as
necessary and provide visual aids when requested.
13. Attend City Staff meetings when requested.
14. Provide technical assistance to any City departments when requested.
15. Prepare feasibility and cost estimates for large and small projects at the request
of City staff.
16. Perform computer -aided drafting, mapping, plotting, printing and archiving as
needed to carry out the duties described herein.
17. Prepares plans, specifications, and estimates for smaller scale projects not
requiring publicly advertised request for qualifications (when requested).
18. Maintain effective working relationships with City officials, consultants,
contractors, land developers and the residents and business owners.
19. Receive and act upon citizen complaints that are of an engineering nature and
establish a complaint record of such when requested, the cost of which is
outside the scope of the estimated annual fee.
20. Research and provide funding application services when requested by City
staff.
21. Assist the City with economic development proposals and requests.
22. Oversee other City consultants, including other engineers, architects,
landscape architects, or others at the request of the City.
23. Assist the City with updates of GIS data related to water, sewer, stormwater,
streets and other layers.
24. City Engineer should plan to be onsite at City Hall at least 3 days per week for
4 hours per day, but typically Monday — Wednesday.
EXCLUDED SERVICES
Items not included in this scope of services include published document printing (e.g.,
manuals, plans, newsletters), City Engineering Department sign construction and
installation, City stationary, property posting signs, newspaper notices, postage on behalf
of the City, and legal services necessary for the implementation of the services provided.

SUPPLEMENTAL SERVICES
In the event that special projects or supplemental services are undertaken which are
mutually determined to fall outside the scope of services for the operation and routine
activities of the department, the hourly rates on the rate schedule included in this scope of
services will become the basis upon which any special project would be compensated.
Furthermore, engineering design, construction plan preparation and contract administration
related to specific water, wastewater, stormwater, street, sidewalk, or similar projects will
be excluded from this contract but may be approved under separate agreements.