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HomeMy WebLinkAbout2017-235-E Planning - Foster Lake and Pond Management, Inc. to repair, replace broken trash rack, outlet structure support beam at Lake Orange DocuSign Envelope ID:9E9233F7-3B63-4574-AD 15-BE39BAACAAFD [Departmental Use Only] TITLE Sed.Structure2.Work FY FY16-17 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 19th day of June, 2017, ("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 Foster Lake and Pond Management, Inc. (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: Remove and dispose of(off-site) the current trash rack on the riser of Sediment Structure 2 and install a new 6 foot diameter aluminum trash rack. The rack shall be consutructed of a single piece (solid pipe, no welds) of spiral corrugated 14 gauge pipe cut to a height of 2.5 feet. The top of the trash rack shall have an aluminum bar grid with 6" x 6" bar spacing and an anti-vortex plate. The existing wood support underneath the horizontal outlet pipe on Sediment Structure 2 shall be removed and disposed of off-site. A new pressure treated 8" x 8" wooden support beam shall be installed in the same location. Please see Attachment A for quote with details of work to be completed. Please see Attachment B for additional design drawings of new trash rack to be supplied. The term of this agreement rendered shall be from June 19, 2017 to September 30, 2017. 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 FIVE THOUSAND NINE HUNDRED AND EIGHTY DOLLARS, ($5,980.00). 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 Revised 2/17 1 DocuSign Envelope ID:9E9233F7-3B63-4574-AD 15-BE39BAACAAFD 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 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/contra cts.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 consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article 11A 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: 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 state and federal anti-discrimination laws, policies,rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.). 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 Provider affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider 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. 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 Revised 2/17 2 DocuSign Envelope ID:9E9233F7-3B63-4574-AD 15-BE39BAACAAFD 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 2/17 3 DocuSign Envelope ID:9E9233F7-3B63-4574-AD15-BE39BAACAAFD IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER DocuSigned by: gned by: cB : bblabut, tk-GuMMwtt,V'SLUU By 2 le/ '"' tlAilWaia.ter Title: VP.'d jl F&C*nager 200 S. Cameron St. Wesley Haskins, Construction&Repair PM P.O. Box 8181 Foster Lake and Pond Mgt. 9020 White Oak Road Hillsborough,NC 27278 Garner NC, 27529 Revised 2/17 4 DocuSign Envelope ID:9E9233F7-3B63-4574-AD 15-BE39BAACAAFD Foster Lake & Pond Management, Inc. P.O. Box 1294 Foster Lake Garner, NC 27529 ei Pond Manage lent Phone: 919-772-8548 Fax: 919-662-7856 Email: wesley @fosterlake.com Quotation To: Orange Co. Planning and Inspections Dept. Attn: Allison Reinert P.O. Box 8181 Date Quotation Number Project Name Hillsborough, N.C. 27278 Orange Co. Sediment Control 6/5/17 00060517 Structure #2 Trash Rack and Bent Replacement Description Total Location: Sediment Control Structure Pond #2, 5714 Compton Rd., Cedar Grove, N.C. Objective: Replace trash rack; Replace bent support The following services will be performed to accomplish the objective stated above: Trash Rack Replacement • The existing trash rack on the pond outlet structure (riser)will be removed and disposed off-site. • A new 6' diameter aluminum trash rack will be installed (see attached picture for style). • The top of the trash rack will have an aluminum bar grid with 6"x6" bar spacing (see attached picture). $5,980.00 Bent Support Replacement • The existing bent support underneath the horizontal outlet pipe (barrel)will be removed and disposed off-site. • A new pressure treated 8"x8" will be installed in the same location. Please sign below to indicate your acceptance of this quotation. Authorizing Signature Date This quotation is good for 30 days from the date shown above. If not authorized within 30 days, a new quotation will be provided. Total $5,980.00 g Envelope ?4-AD1 C-RE IQ oni i n nve o e �Q Q233 -3 F3- - C ^ `1' r" Sh y., ,..�^^! <:�•'C..- � � w �..... .. _ ,, .o o ,r ' .- s "'F q. Op(ie 440; 7_7_77.. K • _ luuu m� ,.�,.,.�, -, _ _ .. ✓T ,.i '4.'4w, - ~tom } 1111111111111111111111111 111111111111111111111111 .r9„ ...,fir 'CAW f:��: f*-4.1,-�.1. . 1t"-t:•\ . '1 y° ` ' - ♦fit.: t .�( St • f t �7 ' ,"� ,,I'i 9 * 4 y n ",-` + sr z L. r l 4 .,,. 757.}y b ` 'j `G y'H ,' . .*„ "' V y 7_ -„4 .,�'4 ,.71;,),*--. yon A4fi , i S , J,+ ,,, . ,;4.y 1 F,. r , ',�r }� B ,�, -.. *» ' tin �. k”rk, -f , T�dF � ._i'�y� �,�w fa �*�ar yy� - h� t a ;b C�. .�!p�'r 'P .� y+Y' ,,,,40,— fi ,n,"`"' •�! },'l "Q;�,, `, "" w'.'v,... `14 x - _ Zi,f, I i. t R.."-95, ,♦ 'TrR L �fi^,. �•4 l 1'dµ` r 7 � y.-. 7w- , . t - �� ..,.? ' ;.�k--'Z. ` . ••'f,itt-�' - "...tom -.',+rrY :.; ..-- :.. - , - .c _4.:rs fly c. U ,h ' 1. 4.! /0_ DocuSign Envelope ID:9E9233F7-3B63-4574-AD15-BE39BAACAAFD I'm ,000 0 < 0 " Attl00010*a ' ,,,1 ge.i.„, th f , 11 Jr 1 1 ,■.' 1 ;), d I I ,em ii r), I .III I II 1 1 I I 11 1 , ik.L....,,,. 21, 04, pin,p14,„1 1 p 44,14444 4, I * ill< ,- - J J G 0 , 1 \ ?' f / 1 I I 1 \ il 1 II 1 1 I - — 1 1 1 / I v" v.4 1 I 11 If 1 uttI•II)4,6,414 — v Por tvk A 4J' "eJ DocuSign Envelope ID:9E9233F7-3B63-4574-AD15-BE39BAACAAFD ARD® DATE(MMIDDlYYYY) `� CERTIFICATE OF LIABILITY INSURANCE 04/03/2017 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 have ADDITIONAL INSURED provisions or 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' David Wright Baker&Associates,Inc PHONE Ell) I(A/c.No) (919)552-9035 (A Subsidiary of Capital Insurance) EMAIL ADDRESS- 707 N.Woodrow St. INSURER(S)AFFORDING COVERAGE NAIC II Fuquay-Varina NC 27526 INSURER A: Centra Mutual Insurance Company 20230 ENSURED INSURER B: Erie Insurance Exchange 26271 Foster Lake&Pond Management,Inc. INSURER C: PO Box 1294 INSURER 0: INSURER E: Garner NC 27529 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 MATH 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. tNSR A06L SUER POLICY EFF POLICY EXP I.TR TYPE OF INSURANCE INSO WVD POLICY NUMBER (MM/ODfYYYYt (MMIDDKYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1000000 CLAIMS-MADE X OCCUR PREMISES $ 300000 X Primary&Non-contributory MED EXP(Any one person) $ 10000 A N N CLP9579075 03/20/2017 03/20/2018 PERSONAL 8 ADV INJURY $ 1000000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2000000 POLICY Er. X LOC PRODUCTS-COMP/OP AGG $ 2000000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 (Ea accident/ X ANY AUTO BODILY INJURY(Per person) $ A OWNED AUTOS ONLY AUTOS SCHEDULED N N BAP9579074 03/20/2017 03120/2018 BODILY INJURY Per accident) $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY /� AUTOS ONLY (Per accident) $ $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2000000 A EXCESS LIAB CLAIMS-MADE N N CXS9579076 03/20/2017 03/20/2018 AGGREGATE s 2000000 DED I I RETENTION S 10000 $ WORKERS AND X I S O ERS'L ABILIITY Y f N TATUTE I I ERA B OFFICER/MEMBER EXCLU D PROPRIETOR/PARTNER/EXECUTIVE © N/A E.L.EACH ACCIDENT $ 1000000 (Mandatory in NH) N 0877000189 03/20/2017 03/20/2018 If es,describe under E.L.DISEASE-EA EMPLOYEE $ 1000000 DESCRIPTION OF OPERATIONS below E L.DISEASE-POLICY LIMIT $ 1000000 Rented/Leased Equipment A N N CLP9579075 03/20/2017 03/20/2018 500 deductible 25,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be enriched if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN Orange County Planning and Inspections Department ACCORDANCE WITH THE POLICY PROVISIONS. 131 W Margaret Lane AUTHORIZED REPRESENTATIVE I Hillsborough NC 27278 eAZ-Z1- (-311a Fax: Email: O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD25(2016/03) The ACORD name and logo are registered marks of ACORD