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HomeMy WebLinkAbout2015-373-E Planning - Hazen & Sawyer to inspect Lake Orange Dam $5,200 DocuSign Envelope ID:AF213AC7-5247-4BE1-89BB-8589F8088302 [Departmental Use Only] TITLE Lake Orange Dam Inspection FY 2016 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT,made and entered into this 29th day of July, 2015, ("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 Hazen& Sawyer,P.C. (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: An inspection of the Lake Orange Dam and appurtenances, as described in the attached proposal from Hazen & Sawyer,P.C., dated July 14, 2015 The term of this agreement rendered shall be from July 29, 2015 to August 21, 2015. 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 I. Pam: 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, two hundred dollars, ($5,200). 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 contractor 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: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may Revised 10/14 1 DocuSign Envelope ID:AF213AC7-5247-4BE1-89BB-8589F8088302 be required by Owner's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at htlp://oran eg counlync.gov/purchasing/contracts.asp). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 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 and Signatures: 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. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. 8. Priori : In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. 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. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all anti-discrimination laws. 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County,North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 11. 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. [SIGNATURE PAGE TO FOLLOW] Revised 10/14 2 DocuSign Envelope ID:AF213AC7-5247-4BE1-89BB-8589F8088302 IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER DocuSigned by: DocuSigneedq by:�,q�,� By �jOfn,v -f. (1.MW tys By. � MLS At v ' I ",nffAffger 24ECM3EC1754A&- 200 S. Cameron St. Hazen& Sawyer,P.C. P.O. Box 8181 4011 WestChase Blvd. Hillsborough,NC 27278 Raleigh,NC 27607 Revised 10/14 3 DocuSign Envelope ID:AF213AC7-5247-4BE1-89BB-8589F8088302 MM MD SAWM Hazen and Sawyer,P.C. 4011 WestChase Blvd. Environmental Engineers & Scientists Raleigh,NC 27607 919-833-7152 Fax:919-833-1828 July 14, 2015 Mr. R. Kevin Lindley, P.E. Staff Engineer Planning & Inspections Department Orange County 200 S. Cameron Street PO Box 8181 Hillsborough, NC 27278 Via email: klindley @orangecountync.gov Re: 2015 Inspection of Lake Orange Dam Dear Mr. Lindley: At your request, Hazen and Sawyer is pleased to submit this proposal to Orange County for professional engineering services to complete a reconnaissance-level inspection of Lake Orange Dam. The level of effort that we propose is consistent with our 2009 inspection. The purpose of the 2015 inspection is to make a general assessment of the condition of the dam and appurtenances based on a visual inspection and to identify any potential areas of concern that might warrant closer examination and/or remedial attention. The scope of service that we propose for this assignment is as follows- 1. The undersigned or other qualified engineer will complete what is expected to be a one (1) day reconnaissance-level inspection of the dam and appurtenances. 2. Physically inspect the dam embankment and abutment contact areas to identify any indicators of excess seepage or unusual embankment performance. As in the 2009 inspection, we would prefer to make this inspection soon after the embankment has been mowed to improve our opportunity for detecting any embankment deficiencies. Our inspection will include a visual assessment of the "bowls" that your contract mower has observed on the downstream dam slope. Although, we expect that these will be ready detectible in the field, to make sure that we do not miss any of these areas, we recommend that the mower flag the individual "bowls" and/or that you or another knowledgeable person from your office attend the inspection. 3. Physically inspect the intake structure and related equipment to identify any unusual conditions or areas of concern. DocuSign Envelope ID:AF213AC7-5247-4BE1-89BB-8589F8088302 July 14, 2015 Page No. 2 4. Physically inspect the spillway, including the recent repairs, to identify any unusual conditions or areas of concern. 5. Provide photographic documentation of any areas of special concern or interest and to establish a photographic record for comparison and review during future inspections. 6. Prepare and submit to the County a letter report of the inspection observations, findings, and any recommendations for additional monitoring, facility maintenance, and/or remedial repair. As provided in the 2009 report, the inspection report will include a prioritized list of repairs and budget costs. Based on the above scope of service, we propose a lump sum fee of $5,200. We are available to make the inspection upon receipt of the County's PO/authorization and soon after receipt of notice that the mowing of the embankment has be completed. Please refer to the attached insurance certificate that meets the minimum requirements listed in the County's Medium Risk Profile. Please let us know if you have any questions. Very truly yours, HAZEN AND SAWYER, P.C. James cCarthy P. '' Senior Associate Enclosures Email Cc: H. W. Fleming D. L. Cordell J. D. Waycaster DocuSign Envelope ID:AF213AC7-5247-4BE1-89BB-8589F8088302 HAZE&SA-01 RBROOKS ACORO CERTIFICATE OF LIABILITY INSURANCE P AT D/YYYY) `••---"'' 7//14/214/2015 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 CONTACT NAME: Ames&Gough PHONE 703 827-2277 FAX 703 827-2279 8300 Greensboro Drive A/c No Ext:( ) (A/C,No): ( ) Suite 980 E-MAIL-ADDRESS: ou admin h.com McLean,VA 22102 ADDRESS: � g g INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Continental Casualty Company(CNA)A(XV) 20443 INSURED INSURER B: Hazen and Sawyer,P.C. INSURER 7 498 Seventh Avenue INSURER D: New York,NY 10018 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 SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE 1:1 DA DAMAGE PREMISE IT O Ea RENTED o ccurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ POLICY ❑ PRO- LOC PRODUCTS-COMP/OPAGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liab. AEH008231489 03/29/2015 03/29/2016 Per Claim/Aggregate 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Lake Orange Inspection CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P.O. Orange County WITH THE POLICY PROVISIONS. Hillsborough,NC 27278 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD DocuSign�Envelope ID:AF213AC7-5247-4BE1-89BB-8589F8088302 Ate- f ® 707/14/2015 E(MM/DD/YYYY) CO �V/R" CERTIFICATE OF LIABILITY INSURANCE 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 CONTACT Marsh USA,Inc. NAME: PHONE FAX 1166 Avenue of the Americas A/c No Ext: A/C,NO)7 New York,NY 10036 E-MAIL Attn:NewYork.certs @Marsh.com Fax:(212)948-0500 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Hartford Fire Insurance Company 19682 INSURED INSURER B:Hartford Casualty Insurance Company 29424 HAZEN AND SAWYER,P.C. 498 SEVENTH AVENUE INSURER C:Twin City Fire Insurance Company 29459 NEW YORK,NY 10018 INSURER D:N/A N/A INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-008156645-01 REVISION NUMBER:4 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 SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYY MM/DD/YYY A X COMMERCIAL GENERAL LIABILITY 10 UUN 000890 03/29/2015 03/29/2016 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE 1XI PREM OCCUR DAMAGETORENTED ISES Ea occurrence $ MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY PRO- JECT [::] LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY 1OUEN000960(AOS) 03/29/2015 03/29/2016 COMBINED SINGLE LIMIT $ 1,000,000 Ea accident A X ANY AUTO 10UENAN2667(MA) 03/29/2015 03/29/2016 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident Comp./Coll.Deductible $ 1,000 UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ C WORKERS COMPENSATION 10 WB AJ 7349 03/29/2015 03/29/2016 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: Lake Orange Inspection CERTIFICATE HOLDER CANCELLATION Orange County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE P.O.Box 8181 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Hillsborough,NC 27278 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjeeat @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD