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HomeMy WebLinkAbout2016-287-E Planning - Pilot Environmental, Inc. for Phase 1 Site Assessment DocuSign Envelope ID: DE50C3DC-2C59-4045-8605-848OD42217C5 [Departmental Use Only] TITLE Ph. 1 ESA FY 2015-2016 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 23rd 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 Pilot Environmental, Inc. (PEI) (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: Phase 1 Environmental Site Assessment (ESA), in accordance with the scope of services outlined in Exhibit A, Proposal for Environmental Services for Turner-Seven Mile Farm Site, an approximate one-acre lot to be subdivided on the south side of West Ten Road (approximate address 4006 West Ten Rd.). This lot is the intended location for the future West Ten Pump Station. The term of this agreement rendered shall be from 05/18/2016 to 08/19/2016. 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 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 ONE THOUSDAND, SIX HUNDRED DOLLARS, ($1,600.00). 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. Revised 1/16 1 DocuSign Envelope ID: DE50C3DC-2C59-4045-8605-848OD42217C5 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may 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 N/A (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:tures: 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 IIA and Article 40 of North Carolina General Statute Chapter 66. 8. Priority: 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:aw: 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: DE50C3DC-2C59-4045-8605-848OD42217C5 IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER DocuSigned by: — by: ( B Eb aAo wsbS B Y� ocu y' 063]9948 55E4] 2DD4C6BF546F4FD County Manager Title: 200 S. Cameron St. Michael Brame P.O. Box 8181 Pilot Environmental, Inc. Hillsborough, NC 27278 P.O. Box 128, Kernersville, NC 27285 Revised 1/16 3 DocuSign Envelope ID: DE50C3DC-2C59-4045-8605-848OD42217C5 EXHIBIT "A" P E I PILOT ENVIRONMENTAL INC April 28, 2016 Mr. Howard Fleming Orange County Planning Department 131 W. Margaret Lane Hillsborough, North Carolina 27278 Reference: Proposal for Environmental Services Turner Seven Mile Farm Site Efland, Orange County, North Carolina PEI Proposal No. P-1973 Dear Mr. Fleming: Pilot Environmental, Inc. (PEI) has prepared this proposal to conduct environmental services at the above referenced site. The site is identified as Lot 1 on the Hobbs Upchurch subdivision plat for the West Ten Pump Station that was provided to PEI.The site is an approximate 0.92 acre tract, located south of West Ten Road in Efland, Orange County, North Carolina. PEI was requested to provide a proposal to perform a Phase I Environmental Site Assessment (ESA). Phase I Environmental Site Assessment (ESA) Scope The Phase I Environmental Site Assessment will be prepared in general accordance with ASTM Standard E 1527-13, satisfying All Appropriate Inquiry. The Phase I ESA is typically applicable in cases where the user wishes to conduct environmental due diligence and is seeking to qualify for Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) liability protection. The Phase I ESA seeks to identify and summarize recognized environmental conditions (RECs). The Phase I ESA will be completed by or under the direct supervision of an Environmental Professional, as defined by the ASTM Standard. We reserve the right to adjust the quoted price for the Phase I ESA if supplemental investigation, additional lender requirements or other services, beyond the scope outlined in this proposal, are requested. In general,the Phase I ESA scope includes the following: • Performing an on-site reconnaissance for a standard Phase I ESA with interviews of site owners/occupants/contacts; • Performing a vehicular reconnaissance of the surrounding areas to determine current uses of nearby properties; PO Box 128, Kernersville, NC 27285 www.h-)iIotei, vil'O.com DocuSign Envelope ID: DE50C3DC-2C59-4045-8605-848OD42217C5 Environmental Services Proposal PEI Proposal P-1973 April 28,2016 • Reviewing and summarizing reasonably ascertainable Sanborn Fire Insurance Maps, historical aerial photographs and directories; • Reviewing reasonably ascertainable government and private sector information sources; • Sub-contracting a private vendor to perform a radius report of State and Federally listed databases of facilities/incidents that have occurred on-site or within ASTM established search distances; • Identifying and summarizing RECs; • Preparing a written report including an executive summary and supporting documentation/sources checked; • Generating/submitting an electronic pdf copy of the report; and, • Maintaining client/project confidentiality. User Questionnaire To fulfill the ASTM Standard,the User Questionnaire must be completed by the user of the Phase I ESA report for consideration during the review process. PEI cannot complete the report until the questionnaire has been returned. Please complete and return the attached user questionnaire with the signed Proposal Authorization Form. Environmental Liens and Activity and Use Limitations (AULs) Additionally, the ASTM standard requires a search for the presence of environmental liens and activity and use limitations (AULs). PEI recommends that you consult with your legal counsel to determine if they can provide this information to supplement the Phase I ESA. If this information is not readily available, PEI can contract with a third party provider to conduct this search for an additional fee. Please note that failure to provide this information may prevent your ability to qualify for certain liability protections. Please indicate on the attached user questionnaire if you would prefer PEI obtain this information on your behalf. Estimated Fee and Schedule We will complete the above scope of services for the following fee: Phase I ESA (pdf report) .........................................................................................................$1,600.00 This price does not include an Environmental Liens or AULs search. Failure to provide or obtain this information may prevent CERCLA liability protections. If requested, PEI can contract with third party provider to conduct this search for an additional fee of $300.00 per parcel. Please note, it may take approximately two to four weeks upon authorization to procure this information. Please indicate on the attached User Questionnaire if you would like for us to contract a third party to conduct this search. 2 DocuSign Envelope ID: DE50C3DC-2C59-4045-8605-848OD42217C5 Environmental Services Proposal PEI Proposal P-1973 April 28,2016 We can begin this project upon receipt of written authorization to proceed. We will complete the report within two to three weeks of being authorized. We will provide preliminary verbal results and recommendations prior to submittal of our written report. Please provide PEI with a point of contact for site access and a chain of ownership for the subject site, if available. Proposal Assumptions PEI has made the following assumptions in developing this proposal: • PEI will provide a pdf copy of the report within three weeks of receiving written authorization to proceed. • Prices are valid for 60 days from proposal date. • Client will provide access to conduct field work. • Please note that the review of regulatory files within minimum search criteria may be required to fulfill ASTM requirements. Review of regulatory files is beyond the scope of this proposal. If the site and/or properties located within minimum distances are identified on federal or state regulatory lists, and if requested as an additional service, PEI will contact you before proceeding. An additional fee may be necessary depending on the location and volume of information pertaining to regulatory files. This proposal can be authorized by signing and returning the attached authorization. We appreciate the opportunity to provide a proposal and look forward to working with you on your project. If you have questions concerning this proposal or need additional information, please contact us at (336) 310-4527. Sincerely, 1"2 r p Nancy E.-'O'Connor Michael T. Brame Administrative Professional Principal Enclosures: Proposal Authorization Form Environmental Questionnaire for User 3 DocuSign Envelope ID: DE50C3DC-2C59-4045-8605-8480D42217C5 Environmental Services Proposal PEI Proposal P-1973 April 28,2016 PROPOSAL AUTHORIZATION FORM Please sign and return to authorize PEI to perform the scope of work referenced in this proposal. By signing you are indicating that you have received and agree to the Terms and Conditions of this proposal. Client Signature: Sec e, 74— Date: Printed Name: Please provide billing information (if different than the proposal addressee). Company: /VC Contact Name: tCle� 7.1 7 Jr, Contact Title: Mailing Address: Q tZaZ7_e_ City: /`t/f�S ev-17 State:/ Zip: Z 7_2707 Telephone: zi E-Mail: oy h Please indicate any special invoicing instructions below. Project/Account No: &137003_,S_-9X :30Q#Y Special Invoicing Instructions: C—/7'141 < sca ? 0/11.,17 yolCe 7d Site Access Contact Information (If not previously provided): Name: ,G. 60,1 YI Relationship to site: *; 41rr r! C D .-.--7, Telephone: t1'G34 g,)^T� 4 DocuSign Envelope ID: DE50C3DC-2C59-4045-8605-8480D42217C5 Environmental Services Proposal PEI Proposal P-1973 April 28,2016 Environmental Questionnaire for User The person who will use the Phase I ESA should provide the following Information. Please fill In this form to the best Of your ability,explaining any Yes answers oil a separate sheet of paper. Without these answers,our report would have to mote that the Phase One is Incomplete, and your Landowner Liability Protections could be at risk. Please complete and return with the Proposal Authorization Form. 1. Environmental Cleanup Liens. ASTM requires the User to check for environmental (lens that may be filed or recorded against the subject property under federal,tribal, state or local law. Failure to check for these Ilens could put your Landowner Liability Protections at risk, Would you like PEI to provide for an additional fee($300 per parcel)? 0 Yes 0 No Have you or your agent checked for these environmental cleanup liens? i -Yes ® No Are you aware of any such liens against the subject property? LA Yes 0 No Z Activity and Use Limitations(AULs). These include engineering controls(e.g.,slurry walls, caps) and land use restrictions or institutional controls(e.g.,deed restrictions,covenants)that may be In place at the site or filed under federal,tribal,state or local law, Are you aware of any possible AULs involving the subject site? LJ Yes 0 No 3. Specialized Knowledge. This Involves personal knowledge or experience related to the subject property or nearby properties, For example, if you are Involved in the sarne line of business as the current or former occupants of the property or an adjoining property,you would probably know of any chemicals,oll,clegreasers, gasoline,or other hazardous substances commonly used In that type of business. Do you have any specialized knowledge that might Indicate the past or present use of such substances on the subject or nearby properties? E1 Yes M No 4. Fair Market Value(FMV). A purchase price significantly below FMV may indicate an environmental problem. Please note that this question does not require an appraisal of the property, If the price Is significantly below FMV,the User should consider whether it might be because contamination may be present at the property. Is the purchase price significantly below fair market value? LJ Yes ONO 6, Obvious Indicators. This Involves past or present spills,stains,releases,cleanups,etc,on or near the site. Do you know of any obvious Indicators of possible contamination on or near the site? Q Yes 01 No 6. Common Knowledge.Please use a separate sheet if necessary. a. Describe the past uses of the property. wE b, Describe any specific chemicals that may have been present at the property: OWI%l C. Describe any other Information (spills, chernical releases or environmental cleanups) that may help us Identify possible contamination: Your Signature Ifs 6 D te: �' #of separate sheets attached: Printed Narne Ct , "•1 d �_ Explain Yes answers on a separate sheet. DocuSign Envelope ID: DE50C3DC-2C59-4045-8605-848OD42217C5 75/9/2016 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 Jeff Edmonds NAME: Chappell Insurance Agency, Inc. HONE Ext: (336)356-8087 A/C No: (336)356-9153 209 S Main Street ADDRESS:Jeff @chappellinsuranceagency.com PO BOX 829 INSURER(S)AFFORDING COVERAGE NAIC# Dobson NC 27017 INSURERA:Everest Indemnity Insurance Company 10851 INSURED INSURER B:Hartford Underwriters Insuranc Pilot Environmental, Inc. INSURER C: PO BOX 128 INSURER D: INSURER E: Kernersville NC 27285 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1641902141 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 A CLAIMS-MADE � OCCUR PREM SESOEa occurrence)l $ 50,000 X EF4ML05624-161 4/17/2016 4/17/2017 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ECT 1:1 LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: Employee Benefits $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED AUTOS AUTOS EF4ML05624-161 4/17/2016 4/17/2017 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS Per accident X UMBRELLA LAB OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS LIAB X CLAIMS-MADE AGGREGATE $ 2,000,000 DED X RETENTION$ 10,000 EF4CU00861-161 5/20/2016 5/20/2017 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? � N/A B (Mandatory in NH) 6S60UB2E15595916 4/17/2016 4/17/2017 E.L.DISEASE-EA EMPLOYE $ 1 000 000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Professional Liability EF4ML05624-161 4/17/2016 4/17/2017 EACH OCCURENCE 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION hfleming @orangecountync.go SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County Planning Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 131 W Margaret Lane ACCORDANCE WITH THE POLICY PROVISIONS. Suite 201 Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE Jeff Edmonds/JE1 ' ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025 r9mnm t