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HomeMy WebLinkAbout2014-125 DEAPR - Lenat Consulting Services for biological monitoring of Venthic macroinvertebrates in Orange Co. impaired streams $3,100 I .Z [Departmental Use Only] TITLE Stream Monitoring FY 2013-14 ORANGE COUNTY CONTRACT UNDER$10,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 15th day of February, 2014, ("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 Lenat Consulting Services (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: to conduct benthic macroinvertebrate sampling of selected streams in Orange County using procedures consistent with the attached Scope of Work and submitted proposal. The term of this agreement rendered shall be from February 15, 2014 to June 30, 2014. 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. Pa, ment: 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 Three Thousand One Hundered Dollars, ($3,100). 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 I 5. Indemnity: 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:aw: 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 Ap_pro rip 'ation: 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. GAAN C T PROVI _ _ By- By: Manager Titli'` 200 S. Cameron St. Dave Lenat-Lenat ConstIting Services P.O. Box 8181 3607 Corbin Street Hillsborough,NC 27278 Raleigh,NC 27612 This instrument has been approved as to technical content. 1�=e aaq P. David Stancil, f5epartment Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. f ✓� Office of the Finance Director This instrume as een approved as to form and legal sufficiency. f ffice of e County Attorney Revised July 2010 2 2014 Orange County Biological Monitoring Program Scope of Work Objective: Provide benthic macroinvertebrate data to the North Carolina Division of Water Resources for utilization in the use assessment process. Streams to be sampled (all recently or currently listed as impaired): • Ferrells Creek (also known as Terrells Creek) • Collins Creek • Upper Eno River Details: Stream AU DWR Intersecting Road DWR Benthics Number Station ID Collection Methods Ferrells Creek 16-32 BB-488 (in Chatham County)Crawford Dairy Road 1 Full Scale, / 1 EPT Collins Creek 16-30-(1.5) N/A Highway 54 Qual 42 Upper Eno 27-2-(1) J13-4 Halls Mill Road 5 EPT' / 1 Full Scale River 1 Indicates most recent DWQ collection method. 2 Completed by LCS in spring 2013. Field work and report preparation to be done by North Carolina Division of Water Resources (NCDWR) certified biological laboratory in accordance with procedures established by NCDWR. Sampling protocol (full scale, EPT, Qua[ 4, etc.), appropriate for each of the monitoring locations listed above, will be completed in accordance with NCDWR methods and procedures such that results of biological monitoring program can be utilized by NCDWR in their use assessment process. Field work should be done during spring months, preferably at the time of the Chapel Hill and Carrboro benthics sampling. Orange County will provide appropriate assistance with field work if requested by contractor. Report of field work and analytical results must be suitable for submittal to NCDWR for utilization in use assessment evaluation. It is the intent of this monitoring program to provide data to NCDWR to supplement the information used in use assessment. LENAT-1 OP ID: KIP CERTIFICATE OF LIABILITY INSURANCE D0212 12014Y) 02/2012014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone:919-571-4335 NA NAME:CONTACT SNIPES INSURANCE SERVICE, INC. PHONE FAX PO BOX 10590 Fax:919-571-4336 AC.No): RALEIGH, NC 27605 E-MAIL ROGERS/SNIPES ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURERA;THE HARTFORD INSURANCE GROUP 38288 INSURED LENAT CONSULTING,INC INSURER B: 3607 Corbin Street INSURER C: Raleigh, NC 27612 INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MOIDCrfYFF MMI POLICY D EXP LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE _$ 1,000,00 A X COMMERCIAL GENERAL LIABILITY 22SBA ZG9210 SA 07/23/2013 07/23/2014 PREMISES Ea occurrence $ 1,000,00 CLAIMS-MADE OCCUR MED FRCP(Anyone person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,00 X POLICY PRO LOC $JECT AUTOMOBILE LIABILITY Ea accident)SINGLE LIMIT ent $ BODILY INJURY(Per person) $ ANY AUTO ALLOWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS OWNED PROPERTY DAMAGE $ Per accident HIRED AUTOS AUTOS $ —P 1 UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ �._DED RETENTION$ tE,L. C STIMIT OTH- WORKERS COMPENSATION RY LIMITS R AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ CH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA EASE-EA EMPLOYE $ (Mandatory in NH) If yes,describe under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION ORANGEC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ORANGE COUNTY WATER RESOURCES ACCORDANCE WITH THE POLICY PROVISIONS. 306A Revere Road Hillsborough,NC 27278 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD