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Home My WebLink About2012-135 Housing - Agri Waste Technology Inc for Engineering Services $5,300[Departmental Use Only] TITLE Engineering Services FY 2012 -2013 ORANGE COUNTY CONTRACT UNDER $10,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 21 st day of May, 2012, ( "Effective Date ") by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County "), party of the first part; and Agri-Waste Technology, Inc. (the "Provider "), party of the second part; WITNESSETH: 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 following services to the County in accordance with the terms of this Agreement, time being of the essence: The services and/or materials (hereinafter referred to collectively as "Services ") to be furnished under this Agreement are as follows: See October 28, 2011 letter from Agri-Waste Technology, Inc. addressed to Jim Hutcherson. The term of this agreement rendered shall be from 06/01/2012 to 12/31/2012. 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 performed in accord with this Agreement. The amount to be paid by the County shall not exceed Five Thousand Three Hundred dollars, ($5,300). 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 Provider, 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: The Provider shall obtain, at its sole expense, all insurance needed to adequately insure itself during the performance of these services as required by the County's Risk Management Policy. Revised July 2010 5. Indemni : The Provider agrees 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. 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. 7. Entire Agreement: 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. 8. Governing-Law- Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. 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. 9. 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 and 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 and non - appropriation of public funds. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE 17 By: Cou Manager 200 S. Cameron St. P.O. Box 8181 Hillsborough, NC 27278 PROVIDER By: Title:.�I�s jrO��T Agri -Waste Technology, Inc. 5400 Etta Burke Court, Suite 200 Raleigh, NC 27606 This instrument has been app r ve as to technical content. ara L. Fikes, Dep ent irector This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. Office of the Finance Director This i s en s been approved as to form and legal sufficiency. 0_,� Office of the Cou ty Attome Revised July 2010 2 Engineers and Soil Scientists Agri -Waste Technology, Inc. 5400 Etta Burke Court, Suite 200 Raleigh, NC 27606 919.859.0669 www.agriwaste.com Mr. Jim Hutcherson Orange County Housing, Human Rights, and Community Development P.O. Box 8181 Hillsborough, NC 27278 RE: Proposal for Engineering Services - REVISED Dear Mr. Hutcherson, October 28, 2011 Thank you for contacting Agri -Waste Technology, Inc. (AWT) regarding the residence at 1318 Ford Road in Orange County. From our discussions, I understand that a National Pollutant Discharge Elimination System ( NPDES) permit has been recommended to replace the failed sub - surface system currently serving this residence. AWT would appreciate the opportunity to assist you with this project. We maintain the credentials to complete the required application, have completed several NPDES projects in Orange County and maintain a positive relationship with the applicable regulatory agencies. The State of North Carolina, Department of Natural Resources (DENR) maintains a General NPDES Permit (NCG550000) that provides coverage for Single Family Residences (SFR) discharging domestic wastewater. For the residence in question, we would propose to develop the required application and engineered design to request a Certificate of Coverage (COC) and an Authorization to Construct (ATC) the system. Following review by DENR, the residence will be issued a unique permit number (NCG55XXXX) under the General Permit. For your review, I have included a copy of the General Permit with this proposal. The current General Permit allows for buried, single pass sand filters or a re- circulating sand filter to be used to treat the wastewater from the residence. Prior to final discharge, the treated wastewater must also be disinfected with either chlorination tablets (and de- chlorination tablets) or with an ultraviolet (UV) light system. With the size of the land parcel and from an operational standpoint, we would recommend a re- circulating sand filter system with UV disinfection. Additionally, we would design the system to minimize the nitrogen content of the discharged wastewater (enhanced nitrogen removal). Specific tasks are required to develop the application and system design as well as during the construction process. Following is a summary of these tasks (proposed Scope of Work); - Initial site visit by Professional Engineer and Licensed Soil Scientist - Survey of property and adjoining area (locate property lines, wells, residence) - Coordination with System Installer during design (if installer is known at time of design) - Application development for submittal to DENR - System design for submittal to DENR - Respond to questions /comments from DENR - Develop final "Released for Construction" drawings and specifications, for installer (after coverage is granted) - Develop "Contractor Bid Package" to be used in bidding project. Coordinate bid process (final bids to OCHHRCD for selection) - Conduct pre- construction meeting (in person or via phone) with installer (define inspection requirements with installer) - Conduct one construction inspection and final inspection at system completion (this assumes DENR does not revise current inspection frequency) - Submit final "Engineer's Certification" The fee for the proposed work is $5,000 plus project expenses (project expenses include mileage, copies, application fee). From a project schedule standpoint, it will take approximately 3 -5 weeks to develop the application and design for submittal to DENR (following notice to proceed and signature of our Standard Professional Services Agreement). Application review and granting of coverage is dependent on DENR but is normally in the 2 -4 month timeframe. Thank you for the opportunity to provide this proposal to you. Please feel free to contact me with any questions or comments regarding this proposal or the process to gain coverage under the General Permit. I can be reached at 919 - 859 -0669 x 2306 or via email at kdavid!jq ,agfwaste.com. Sincerely, Kevin D. Davidson, P.E. Sr. Project Engineer 2 Reimbursable Ex enses: Air Travel Lodging Mileage Meals Outside Sub - Consultants Miscellaneous Direct Project Expenses Copies of Reports Plotted Drawings 8 -1/2" X 11 -1/2" Color Drawings Archive Records Long Distance Telephone Calls Postage Shipping (Fed Ex, UPS, etc.) Fax - Incoming Envelopes - Letter Size Envelopes - Large Envelopes - Oversize 1" Notebooks 2" Notebooks 3" Notebooks Insertable.Big Tabs Clear Label Dividers 5/8 Tab Laser Dividers Transparencies CD Binding Supplies Cost Cost $0.51 /mile Cost Cost + 15% Cost + 15% $0.16/Page + $5.00 Binding Fee $1.75 Per Square Foot $1.00 Each $25.00 Fee + Copy Charge Cost Cost Cost $0.50/Page $0.05 Each $0.15 Each $0.25 Each $2.50 Each $4.00 Each $5.00 Each $ .20 Each $1.00 Each $5.00 Per Set $1.00 Each $1.00 Each $1.00 Each Invoices shall be sent to client on a monthly basis. Invoices are due and payable in full upon receipt. Any amounts outstanding after 30 days are considered past due and shall accrue at 1.50% per month (18% per annum) late fee until paid in full. AWT shall stop work and commence collection action on any projects with past -due amounts outstanding for greater than 30 days past date of invoice. In aD tZ - es ORANGE COUNTY - CONTRACT CONTROL SHEET Routing Order: (1) Department, (2) IT, (3) Risk Management, (4) Financial Services, (5) Attorney, (6) Manager, (7) Clerk This Document shall accompany all contracts and shall be submitted for signature in the Routing Order specified above. If the Manager determines the contract is not appropriate for Manager approval the Manager shall submit the contract for BOCC approval. Contracts for BOCC approval must be submitted through, and complete, the routing process prior to agenda review. Contracts for legal review should be completed through the legal review process prior to being routed for signature. Department Party/Vendor Name: Agri -Waste Technology Inc Party/Vendor Contact Person: Kevin D. Davidson Contact Phone: 919 - 859 -0669 x 2306 Party/Vendor Address: 5400 Etta Burke Court, Suite 200 City Raleigh State: NC Zip: 27606 Department: Housing, Human Rights and Communijy Development Amount: $5,300 Purpose: Engineering Services Budget Code(s): 32470920 - 782003 Vendor # N/A (N /A if new vendor) Vendor is a BOCC consultant? Yes ❑ No❑ Contract Type: (Check one) New ® Renewal ❑ Amendment ❑ Effective Date 05/21/2012 Approved by Board Yes❑ No® Agenda Date: Title of Contract: If this is a Grant Agreement, pre - application has been approved by the Board of Commissioners Yes❑ No❑. If submitted for bid were bids/RFPs received Yes❑ No❑ Bid/RFP number This contract has been reviewed and approved by the Department Director as to technical content: Department Director's Signatu e: Date: 1�:O°�//Z (Applicable only to hardware/software purchases or related Technology Director as to technical content and information IT Director's Signature: contract has been reviewed and approved by the Information Date: Risk M em�tt Include the following coverages: ❑ CGL; ❑Auto; ❑ WC; ofessional; ❑ Property; OR No Insurance Required ❑. Hold Contract pending receipt of Certificate of Insurance M1. With ' orp ation of Insurance provisions as shown, this contract is approved by the Risk Manager: Risk Manager's Signature: Date: Financial Services This Contract is condition d pon appropriation by the Board of Commissioners Yes ❑Noll A budget amendment is necessary before approval Yes❑ No� If budget amendment is necessary, please attach to this form. This instrument has been pre- audited in the manner required by the Local Government Bu(dg f tt and Fiscal Control Act: f Financial Services Director's Signature: C� As ,4/� Date: � sl 12- County Attorney Approval by Board ❑ (Contracts $90,000.00 or more for goods or services, $250,000.00 or more for construction, or any BOCC consultant contract). ppro 1 by Manager VQ (Most other contracts $1,000 and above). Department Director approval only ❑ (Under $1,000). This contract has a rev d approved by the Attorney as to legal form and sufficie cy: Attorney's Signature Date: 16 ('L County Manager This contract has been reviewed and is approved by the County Manager Yes o❑. This contract has been reviewed and is for signature by the Chair Yes ❑N Manager's Signature: Date: Clerk the Board Approved by BOCC on the _ day of , 20 . Submitted for Chair signature on the _ day of 20. Clerk's Signature: Date: Revised March 2012