Loading...
HomeMy WebLinkAbout2016-280-E DEAPR - Summit Design & Engineering Services - Phase I Env. Site Assessment of property owned by S.L. Efland Heirs, LLC DocuSign Envelope ID:A51E71B9-1821-4DOD-A4C4-EB5FA69E6B77 [Departmental Use Only] TITLE Phase I ESA- Efland Hrs FY 2015-16 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 16th day of May, 2016, ("Effective Date") by and between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the "County"),party of the first part; and Summit Design and Engineering 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: Conduct a Phase I Environmental Site Assessment(ESA)for a 37-acre property owned by S.L. Efland Heirs, LLC consistent with the attached proposal submitted by Mr. Brett Smith,Project Geologist. The term of this agreement rendered shall be from May 16, 2016 to June 30, 2016. 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. 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 Two Thousand and Fifty Dollars, ($2,050). 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 1/16 1 DocuSign Envelope ID:A51E71B9-1821-4DOD-A4C4-EB5FA69E6B77 be required by County'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 http://www.orangecountync.gov/departments/purchasing division/contracts.php). If County'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 County'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, its agents, or assigns directly or indirectly related to the Services to be performed pursuant to this Agreement 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. County may suspend this Agreement upon reasonable 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 11A 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 of this Agreement 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. 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. By executing this Agreement Provider affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 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 1/16 2 DocuSign Envelope ID:A51E71B9-1821-4DOD-A4C4-EB5FA69E6B77 IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER cuSigned by: DocuSigned by:: By: F�6'vuvut-t' �awltMt VS�t� By: °— S"'& County Title:itle: BOOF848C418F457 . 200 S. Cameron St. Summit Design and Engineering P.O. Box 8181 504 Meadowlands Drive Hillsborough,NC 27278 Hillsborough,NC 27278 Revised 1/16 3 DocuSign Envelope ID:A5lE7lB9-1821-4DOD-A4C4-EB5FA69E6B77 USU�ltAT 919.732.3883 SU�11�11T-ENGINEERXOM DESIGN AND ENGINEERING SERVICES 504 Meadowland Drive, Hillsborough,NC 27278 May 10, 2016 Rich Shaw Land Conservation Manager Orange County,NC Department of Environment, Agriculture, Parks and Recreation 306A Revere Road Hillsborough,NC 27278 Reference: Proposal for Phase I Environmental Site Assessment (ESA): Efland Heirs (Portion of PIN No. 9844264137) Orange County,North Carolina Proposal 4 G16-0032 Dear Mr. Shaw: Summit Design and Engineering Services, PLLC is pleased to provide you with this cost and scope proposal for providing a Phase I Environmental Site Assessment(ESA) for the Efland Heirs Property (Portion of Orange County PIN No. 9844264137). A Phase I ESA is a qualitative study of existing information and available records with a site inspection designed to identify, to the extent feasible, recognized environmental conditions. A Recognized Environmental Condition(REC) is defined by ASTM Standard Practice E1527-13 as the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to release to the environment; (2)under conditions indicative of a release to the environment; or(3)under conditions that pose a material threat of a future release to the environment. Recognized environmental conditions are not intended to include de minimis conditions. A de minimis condition is defined as a condition that generally does not present a threat to human health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate government agencies. Phase I ESA's, in conjunction with Phase 11 assessments (where necessary), are intended to permit a user to satisfy one of the requirements to qualify for the innocent landowner defense to CERCLA liability; that is, the practices that constitute "all appropriate inquiries into the previous ownership and uses of the property consistent with good commercial or customary practice" as defined in 42 USC §9601(35)(B). The Phase I ESA will be conducted in general accordance with ASTM Standard E1527-13. Additional investigation(s), outside of the scope of the Phase I ESA proposed herein, may also be required, based on the findings of the Phase I ESA. Procedure The level of inquiry may vary from site to site, based on the site conditions and judgment of the assigned environmental professional. The protocols and information used to conduct the Phase I ESA generally include the following: DocuSign Envelope ID:A5lE7lB9-1821-4DOD-A4C4-EB5FA69E6B77 USU�ltAT 919.732.3883 SI I�11�11T-ENGINEERXOM DESIGN AND ENGINEERING SERVICES 504 Meadowland Drive, Hillsborough,NC 27278 1. A visual site evaluation by an environmental professional. The site reconnaissance is performed to identify visual signs of the past or current presence of hazardous materials on the subject site or on adjacent properties. The site reconnaissance also allows potential evidence from the review of the public records to be evaluated in the field. The site reconnaissance will include the following activities: a. A visual reconnaissance of the subject site and a cursory inspection of immediately adjacent properties to observe signs of the handling of chemicals of concern on the subject site or on immediately adjacent properties that could impact the subject site. b. The reconnaissance will include an inspection of surface conditions, including stressed vegetation, subsidence, or unusual soil discoloration that could indicate the presence of buried tanks, buried wastes, or prior releases of hazardous materials. c. Photographs of the subject property, and if appropriate, any immediately adjacent properties will be taken to document any unusual features such as those noted above. 2. A review of historical background data, including: a. Aerial photographs, where available, to help establish past uses of the project site. b. Ownership information, through a review of historical records or by interviews with long- time owners. c. Interviews with past owners/tenants of the project site and owners of the adjoining properties, whenever possible. d. Other information sources, which may also be researched, include Sanborn Fire Maps, USGS quadrangle maps, property tax files, zoning/land use records, building records, local street directories and phone books. 3. A review of publicly available and practically reviewable governmental and corporate held documents (where made available), including the following: a. Files of regulated and unregulated sites listed with the state and federal Environmental Protection Agencies,particularly relating to the Resources Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), State and National Priority Lists,North Carolina Underground Storage Tank and Groundwater Incidents (Leaking Underground Storage Tanks) Databases, and Solid Waste Facilities Database with the appropriate State Environmental Agency. b. Electrical utility corporations having transformers and/or substations on the site. c. Local fire departments files concerning reports of leaking UST's, remediation projects, and hazardous material (HAZMAT) spill responses; if appropriate. d. County or municipal health department's files concerning permits, complaints, violations and landfills directly related to the project site and adjacent properties. e. Previous environmental assessment studies, reports, notices of past or current violations of the environmental regulations and permits in possession of the current owner . 4. Subsurface information if available, including a review of the following: a. A literature search of geologic information. b. A review of site-specific geotechnical soil borings, whenever available. The Phase I ESA report will include an Executive Summary of the information compiled in the report and a technical opinion of an environmental professional. The Phase I ESA report will be prepared in accordance with the requirements of ASTM Standard E1527-13, "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process" and 40 CFR Part 312 - "Standards and Practices for All Appropriate Inquiries". DocuSign Envelope ID:A5lE7lB9-1821-4DOD-A4C4-EB5FA69E6B77 USU�ltAT 919.732.3883 SU�11�11T-ENGINEERXOM DESIGN AND ENGINEERING SERVICES 504 Meadowland Drive, Hillsborough,NC 27278 Limitations The scope of the Phase I ESA does not involve sampling and analysis as a means of evaluating recognized environmental conditions. Phase I ESA's are based solely on qualitative information, and are consequently, accurate only to the degree implied by those methods. Such studies, therefore, cannot guarantee against undiscovered conditions, which are outside the scope of the project. Procedures outlined in ASTM Standard E1527-13 do not eliminate uncertainty as to the presence of any environmental conditions. Therefore, reliance on the information generated shall be at the user's own risk. No warranties are expressed or implied. If recognized environmental conditions are suspected at the site, further sampling and analysis may be recommended to determine the presence of hazardous substances under a Phase II Environmental Site Assessment. Non-Scope Considerations There may be environmental issues or conditions at a property that parties may wish to asses in connection with commercial real estate that are outside the scope of this practice. Costs for the following activities are not included in this proposal. Consequently, should you desire any of the following evaluations,please advise prior to Summit commencing the Phase I ESA activities. Some common non- scope considerations are listed below: 1. Asbestos-Containing Building Materials 2. Biological agents 3. Cultural and historic resources 4. Ecological resources 5. Endangered species 6. Health and safety 7. Indoor air quality unrelated to releases of hazardous substances or petroleum products into the environment 8. Industrial hygiene 9. Lead-Based Paint 10. Lead in Drinking Water 11. Mold 12. Radon 13. Regulatory compliance 14. Wetlands DocuSign Envelope ID:A5lE7lB9-1821-4DOD-A4C4-EB5FA69E6B77 USU�ltAT 919.732.3883 SI I�11�11T-ENGINEERXOM DESIGN AND ENGINEERING SERVICES 504 Meadowland Drive, Hillsborough,NC 27278 Estimated Cost The proposed cost of conducting a Phase I Environmental Site Assessment for subject property is $2,050.00. Summit will deliver a report with all available information within four(4)weeks of a Notice to Proceed. Summit will provide you with one (1)hard copy and one (1) electronic copy of our report,presenting the information compiled in our investigation. Electronic copies will be transferred to the personnel identified in this proposal. Respectfully Submitted, SUMMIT DESIGN AND ENGINEERING SERVICES, PLLC Brett C. Smith, PG Project Geologist NC License No. 2390 brett.smithLsummitde.net DocuSign Envelope ID:A51 E71 B9-1821-4DOD-A4C4-EB5FA69E6B77 5 t _ rs . " AAWAr r= w yy j V r _ r R'6 ' ,L DocuSign Envelope ID:A51E71B9-1821-4DOD-A4C4-EB5FA69E6B77 DATE(MM/DD/YYYY) r�a.vr�u Lor-m I ll-KoA I t Vr LIAMILI TY INSURANCE 5/11/2016 PRODUCER THIS CERTIFICATE IS ISSUEDAS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PROFESSIONAL DESIGN INS MGMT CORP HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO BOX 501130 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Indianapolis, IN 46250 INSURERS AFFORDING COVERAGE NAIC# INSURED Summit Design and Engineering Services, INSURER A: Starr Surplus Lines Insurance Company 504 Meadowland Drive INSURER B: Hillsborough, NC 27278 INSURER C: INSURER D: INSURER E: COVERAGES 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 ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD'L POLICY EFFECTIVE POLICY EXPIRATION LTR NSRD TYPE OF INSURANCE POLICY NUMBER DATE MM/DDNY DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurence) $ CLAIMS MADE F—I OCCUR MED EXP(Any oneperson) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIESPER: PRODUCTS -COMP/OP AGG $ PRO- POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANYAUTO (Ea accident) $ ALLOWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EAACCIDENT $ ANYAUTO OTHER THAN EAACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ IOCCUR CI CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ Ifyes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER A Professional Liability SLSLPR026238016 4/2/2016 4/2/2017 $1,000,000limit each claim $2,000,000 in the aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Orange County DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 200 S. Cameron St. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL P.O. BOX 8181 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Hillsborough, NC 27278 REPRESENTATIVES. IL AUTHORIZED REPRESENT ATI ACORD25(2001/08) ©ACORD CORPORATION 1988 DocuSign Envelope ID:A51E71B9-1821-4DOD-A4C4-EB5FA69E6B77 75/11/2016 TE(MM/DD/YYYY) A�" 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 Ellen Walker NAME: HOE Business Insurers of Carolinas A/C NNo Ext: (919)968-4611 A/C No: (919)968-8991 800 EaStOWrie Drive, Suite 208 ADDRIESS:ewalker @business-insurers.com PO Box 2536 INSURER(S)AFFORDING COVERAGE NAIC# Chapel Hill NC 27515-2536 INSURERA:Ohio Security 24082 24082 INSURED INSURERB:Peerless Indeirmity Iris Co 18333 Summit Design And Engineering Services Pllc INSURERC:Ohio Casualty Insurance Co 24074 24074 504 Meadowlands Dr INSURER D: INSURER E: Hillsborough NC 27278 INSURER F: COVERAGES CERTIFICATE NUMBER:CL164114973 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 POLICY NUMBER MM/DD/YYYY MM/DD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE RENTED A CLAIMS-MADE 1XI OCCUR PREM SESOEa occurrence) $ 300,000 X Y BKS55764212 1/1/2016 1/1/2017 MED EXP(Any one person) $ 15,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 X POLICY❑ JECT PRO [::] LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: Experience Mod Factor 1 $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ B ALL OWNED SCHEDULED AUTOS AUTOS X Y BA8907831 4/2/2016 4/2/2017 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY RTY DAMAGE HIRED AUTOS AUTOS Experience Mod Factor 2 $ X UMBRELLA LAB OCCUR EACH OCCURRENCE $ 6,000,000 C EXCESS LIAB CLAIMS-MADE AGGREGATE $ 6,000,000 DED X RETENTION$ 10,000 US055764212 1/1/2016 1/1/2017 $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? � N/A (Mandatory in NH) y XWS55764212 1/1/2016 1/1/2017 E.L.DISEASE-EA EMPLOYE $ 1 000 000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Phase I ESA - Efland Hrs Soccer Property Orange County 2015-2016 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 200 S Cameron Street ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE Ellen Walker/ELLEN � � ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025 nmam t