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HomeMy WebLinkAbout2016-536-E Solid Waste - Four Star Petroleum Services, Inc. - Amendment to Contract for removal of fuel tank DocuSign Envelope ID:28DA00F8-4193-4A09-B5AF-6D4761 A9B655 NORTH CAROLINA ORANGE COUNTY CONTRACT AMENDMENT #1 THIS CONTRACT AMENDMENT ("Amendment") is made and entered into this 16th day of September 2016 by and between ORANGE COUNTY (hereinafter referred to as "Owner") and Four Star Petroleum Services, Inc., (hereinafter referred to as"Contractor"). WITNESSETH: THAT WHEREAS, the Owner and Contractor entered into a contract dated September 1 6, 2 0 1 5 for the construction services of the Contractor to the Owner(hereinafter the "Original Agreement"),; and WHEREAS, the Owner and Contractor desire to amend the Original Agreement while keeping in effect all terms and conditions of the Original Agreement not inconsistent with the terms and conditions set forth below. NOW THEREFORE, for and in consideration for the mutual covenants and agreements made in the Original Agreement and herein, the parties agree to amend the Original Agreement as follows: 1. The Term of the Original Agreement in Section 1 is hereby extended through December 31, 2016. 2. The maximum amount payable in Section 2 is amended to read: Dollar Amount Not to Exceed: Forty-Four Thousand Two Hundred and Forty Four Dollars and Three Cents ($44,244.03). 3. Section 3, SERVICES is deleted and a new Section 3 inserted as follows: 3. SERVICES Contractor agrees to provide the following construction services (the "Work") • Obtain permits, if needed, and invoice the cost of the permit, professional and / or engineering fees and labor to procure them to the customer (labor cost of$40.00 per hour plus mileage of$0.65 per mile). • Remove the existing AST equipment off of the tank and relocate to a new site. • Excavate a pad area 31'x 15'x 8" and form with #8 rebar on 18" centers both ways. DocuSign Envelope ID:28DA00F8-4193-4A09-B5AF-6D4761 A9B655 • Set 32 (thirty-two) 6'x 7" steel bollards on 3' centers in concrete around the pad. • In the excavated area, use 4,000 PSI concrete and saw cut the joints within 24 hours. • Bollards are to be filled solid with concrete and painted. • Arrange for a 150 Ton Crane to move the existing 8,000 gallon tank off of the existing pad and place on a trailer to be moved approximately a 16th of a mile on the designated property. • Set the tank on the new excavation area using the same crane. • Air test the tank at 3 PSI for 1 (one) hour. • Reinstall the removed tank top equipment back onto the tank as found. • Owner is to fill the tank to 90% capacity at this time. • Excavate a trench for a power line approximately 140' over to the existing building from the tank pad. • Run new conduit and wire to the designated existing breaker panel (approximately 160'). • Backfill the trench with excavated materials removed. • Install a new pump platform at the tank area. • Install a new Wayne Fleet single hose single product suction pump on a pump stand and connect to the AST piping and electrical. • Startup the system and check for proper operation. • Clean any debris up created by the Crane Company or Four Star Petroleum. Contractor shall not sub-contract all or any part of the construction services provided for in the Agreement without prior written approval of the Owner. Contractor shall be responsible for all errors or omissions, in the performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to Owner. Contractor has been provided with plans prepared and sealed by Summit Design and Engineering Services, on May 2, 2016. All construction shall be in accord with said plans unless modified by a written amendment to said plans. 4. A new attachment A, fire marshal permits, is added to the Agreement, a copy of which is attached hereto. Contractor shall carry out the project in accordance with the permits and shall schedule inspections as required. Standard and customary work not specified in the Agreement but required to meet applicable codes and permit conditions shall be carried out by Contractor at no additional cost to Owner. 5. Section 13 of the Original Agreement is deleted and a new Section 13 inserted as follows: 13. COMPLIANCE WITH LAW/GOVERNING LAW Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and any action brought under this Agreement shall be brought in the General Court of Justice of the State of North Carolina in Orange County. Contractor shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and DocuSign Envelope ID:28DA00F8-4193-4A09-B5AF-6D4761 A9B655 regulations including but not limited to all state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Anti-Discrimination Policy. Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Contractor affirms that Contractor and any subcontractors of Contractor are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Contractor certifies that Contractor has not been identified, and has not utilized the services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147- 86.58. 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. 6. Except for the changes made herein, the Original Agreement shall remain in full force and effect to the extent it is not inconsistent with this Amendment. IN TESTIMONY WHEREOF, this Amendment has been executed by the parties hereto, as of the date first above written. Owner: Contractor: r----DocuSigned by: r--DocuSigned by: f jbtn,ln tf✓ hviit-rStt1 MC r FORS jr. \—0637994B755E477... \—3021 AA36281241 C... Victor F. Foti, Jr. President Bonnie Hammersley, County Manager Printed Name and Title Four Star Petroleum Services, Inc. Attachment A DocuSign Envelope ID:28DA00F8-4193-4A09-B5AF-6D4761 A9B655 Orange County tots;, �' Fire Protection Permit Emergency Services 1 K enc g Y) Fire Marshal Division 41:0 '°.0, e aE 510 Meadowlands Drive ! NO Hillsborough,NC 27278 919.245.6100 Permit No.: FPP-2016-002 Project Title: Combustible Fuel Tank Installation Project Type: Relocation from one parcel to another Address: 1514 Eubanks Road, Chapel Hill NC 27516 Description: Install AboveGround Applicant: Four Star Petroleum Address: 1119 Beaumont Road, Hollins VA 24019 Phone: 540-691-5847 Cecil Morgan Four Star Petroleum I hereby certify that the above information is true and correct. I recognize that the approval of plans and specifications by Orange County does not permit the violation of applicable building codes, county or city ordinances, or state laws. I acknowledge my obligation to allow inspections during normal working hours,to request inspections as needed, and to pay all applicable plan review and permit fees imposed by Orange County. ,----DocuSigned by: Applicant Signature: Vigor 'bh! iv Print Name: `'* 3021AA36281241C... Iiii 0 \;:\"7::P c,77— t ddd Fire Marshal: Jason B. Shepherd Issue Date: August 22, 2016 Inspection Notice Contractor is responsible for contacting the fire marshal's office for an inspection of each installation component,witness testing of tanks,piping and their appurtenances of the system prior to installation,post installation and prior to any covering of any component of the system including but not limited to foundation bed depth and depth of trench,pre tank installation,tank installation and anchoring,tank cover up with earth depth check,piping hydro test or pneumatic test, concrete depth prior to pour and/or asphalt prior to pour. Bollard inspection prior to pour and all gas island installation inspections Contact the Fire Marshal's Office for Inspections 24 Hours Before Requested Date at 919-245-6100. A Prepared, Coordinated, and Integrated Emergency Services System DocuSign Envelope ID:28DA00F8-4193-4A09-B5AF-6D4761A9B655 Attachment A CHAPELHILL 403 MARTIN LUTHER KING JR. BLVD Chapel Hill, NC 27514 Permit Certificate Date : 08/29/2016 Business Name: Orange County Solid Waste Management Address : 1099 MARTIN LUTHER KING JR. BLVD Chapel Hill, NC 27514 Phone : The following permit has been issued: Permit No. 417577 Type: FLAM/COMBL Construction-Install, repair, modify pipeline, tank Issued Date: 08/29/2016 Effective Date: 08/29/2016 Expiration Date: 02/28/2017 Notes : Permit to relocate 8, 000 gallon Class II Combustable Liquid tank. Permit for address 1514 Eubanks Rd. It is the business ' s responsibility to ensure that conditions are in accordance with applicable State and Local fire regulations . Please contact CHAPELHILL for more information. Inspector: Chris Kearns Date 08/29/2016 12 :01 Page 1 DocuSign Envelope ID:28DA00F8-4193-4A09-B5AF-6D4761 A9B655 A01213 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 9/15/2016 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 NAMEACT Leah Spence Cothran Insurance PHONE 434-239-2886 FAX 434-237-0085 423 Laxton Road (A/C,No,Ext): (NC,No): Lynchburg VA 24502 ADDRESS:cois @cothraninsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Nationwide Mutual Insurance Co 23787 INSURED FOURS-1 INSURER B:Nationwide Mutual Fire Ins Co 23779 FOUR STAR PETROLEUM INSURER c:Accident Fund SERVICES INC 622 HUNTINGTON BLVD NE INSURER D:Homeland Ins Co of NY ROANOKE VA 24012-3547 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 79800192 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 W /Y LIMITS LTR INSD VD POLICY NUMBER (MM/DD YYY) (MM/DD/YYYY) A x COMMERCIAL GENERAL LIABILITY ACPGL02436156994 5/15/2016 5/15/2017 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES( SES(Ea occurrence) $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $2,000,000 POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY ACPBA2436156994 5/15/2016 5/15/2017 COMBINED SINGLE LIMIT $ (Ea accident) 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) B X UMBRELLA LIAB X OCCUR ACPCAF2426156994 5/15/2016 5/15/2017 EACH OCCURRENCE $2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ C WORKERS COMPENSATION WCV6100948 4/1/2016 4/1/2017 PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 D Contractors Pollution 793-00-46-59-0000 5/15/2016 5/15/2017 Occurrence 1,000,000 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The certificate holder is an additional insured and/or waiver of subrogation applies in favor of holder if required by written contract prior to loss via endorsement CG7331. Orange County, its officers, official agents and employees are additional insureds with respect to GL as required by written contract via endorsement CG7331. We will endeavor to provide 30 days advance notice for cancellation or material change in coverage. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County Risk Management THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 8181 ACCORDANCE WITH THE POLICY PROVISIONS. 200 South Cameron St Hillsborough NC 27278 AUTHORIZED REPRESEN ATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:28DA00F8-4193-4A09-B5AF-6D4761 A9B655 NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter"Agreement"), is made and entered into this 16 day of September, 2015 by and between Orange County,North Carolina (hereinafter the "Owner") party of the first part; and Four Star Petroleum Services, Inc. (hereinafter the "Contractor"),party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the Owner hereby contracts for the construction services of the Contractor, and the Contractor agrees to provide the construction services to the Owner in accordance with the terms of this Agreement. 1. TERM Beginning and ending dates of contract: September 16,2015 through December 15, 2015. The Project Commencement Date shall be September 21, 2015, or as soon as scheduling can take place. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: Thirty Five Thousand Eight Hundred Fifty Five Dollars and Thirteen Cents ($35,855.13) 3. SERVICES Contractor agrees to provide the following construction services (the"Work"): • Pull all permits and bill the cost back to the owner. • Remove existing AST equipment off of the tank and relocate to a new site. • Excavate a pad area 31'x 15'x 8"and form with#8 rebar on 18"centers both ways. • Set 16 (sixteen) 6"x 7' steel bollards on 3' centers. • In the excavated area, use 4,000 PSI concrete and saw cut joints within 24 hours. • Bollards to be filled solid with concrete and painted. • Arrange for 150 Ton Crane to move existing 8,000 gallon tank off of the existing pad and place on a trailer to be moved approximately a 16th of a mile on the designated property. • Set the tank on the new excavation area using the same crane. • Air test tank at 3 psi for one hour. • Reinstall existing equipment back on tank as found. • Owner to fill tank to 90% capacity. • Excavate trench for power line approximately 140' over to the existing building from the tank pad. • Backfill trench with materials removed. • Run new conduit and wire to designated existing breaker panel (approximately 160'). • Wire existing suction pump and new solenoid valve and the new emergency stop. • Startup system and check for proper operation. • Clean any debris up created by crane company or Four Star Petroleum. Contractor shall not sub-contract all or any part of the construction services provided for in this Agreement without prior written approval of the Owner. Contractor shall be responsible for Revised 10/14 1 DocuSign Envelope ID:28DA00F8-4193-4A09-B5AF-6D4761 A9B655 all errors or omissions, in the performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to Owner. 4. PAYMENT Contractor shall submit an invoice for construction services provided. The invoice shall contain Contractor's name and federal tax identification number and shall be signed and dated by an officer of Contractor. It shall detail all construction services provided in payment requests. The Owner will make payments to Contractor within thirty (30) days after receipt of and approval of the invoice by the contracting department. In the event the amount stated on an invoice is disputed by Owner, then Owner may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. In addition, should Contractor fail to perform its duties under the terms of this Agreement, Owner may, without fault or penalty, withhold any payment associated with the Work to be performed until such time as said work is completed. 5. RELATIONSHIP OF PARTIES Contractor is an independent contractor of the Owner. Contractor represents that it has or will secure, at its own expense, all personnel required in performing the construction services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the Owner. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized or permitted under state and local law to perform such construction services. It is further agreed that Contractor will obey all State and Federal statutes, rules and regulations which are applicable to provisions of the construction services called for herein. Neither Contractor nor any employee of the Contractor shall be deemed an officer, employee or agent of the Owner. 6. TERMINATION This Agreement may be terminated by Contractor upon thirty (30) days' written notice to the Owner, and the Owner may terminate this Agreement upon thirty (30) days' written notice to Contractor. This or any other written notice shall be delivered via certified mail, return receipt requested to the parties at the addresses as shown on the signature page to this Agreement. 7. INSURANCE REQUIREMENTS Contractor shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may 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 http://orangecountync.gov/purchasing/contracts.asp). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here (if no additional insurance required mark N/A as being not applicable). Contractor shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. S. INDEMNIFICATION Revised 10/14 2 DocuSign Envelope ID:28DA00F8-4193-4A09-B5AF-6D4761 A9B655 Contractor agrees to defend, indemnify, save, and protect Owner and Owner's lender, if any, harmless from and against any and all claims, liens, liabilities, losses, damages, causes of action, and expenses (including court costs and reasonable attorney's fees related thereto) arising out of, in connection with, or resulting from any negligence, act or failure to act by the Contractor, the Contractor's agents, assigns or employees related to the Work. Contractor is responsible for all errors or omissions caused by its agents, contractors, employees, or assigns in the performance of this Agreement. It is the intent of this section to require Contractor to indemnify the Owner to the full extent permitted under North Carolina law. 9. NON-ASSIGNMENT Contractor shall not assign all or any part of this Agreement, including rights to payments,to any other party without the prior written consent of the Owner. 10. NON—APPROPRIATION Contractor acknowledges that Owner 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 Owner's obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice to Contractor of the unavailability and non-appropriation of public funds. It is expressly agreed that Owner shall not activate this non- appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the Owner's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects Owner's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to Owner upon written notice to Contractor of such limitation or change in Owner's legal authority. 11. DIGITAL SIGNATURES 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. 12. ENTIRE AGREEMENT The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it, together with specifically referenced documents, constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified by a written amendment to this Agreement signed by the parties. Modifications may be evidenced by telefacsimile signatures. Should any conflict arise in the terms of any documents referenced herein and this Agreement the terms of this Agreement shall be given priority and shall control over all other such documents. Should a request for proposals and a proposal be referenced the terms of the request for proposals shall have priority over the terms of the proposal. Revised 10/14 3 DocuSign Envelope ID:28DA00F8-4193-4A09-B5AF-6D4761 A9B655 13. COMPLIANCE WITH LAW/GOVERNING LAW Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and any action brought under this Agreement shall be brought in the General Court of Justice of the State of North Carolina in Orange County. 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. [SIGNATURE PAGE TO FOLLOW] Revised 1 0114 4 DocuSign Envelope ID:28DA00F8-4193-4A09-B5AF-6D4761 A9B655 IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORANGE COUNTY CONT' • CTOR By f By 40. r. F County Manager Victor F Foti Jr. 200 S. Cameron St. President,Four Star Petroleum a rvices Inc P.O. Box 8181 1119 Beaumont Rd Hillsborough,NC 27278 Roanoke,Va 24019 Revised 10/14 5