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HomeMy WebLinkAbout2018-673-E Planning - Douglas P. Malinowski Efland Sewer Easement clearingRevised 10/17 (Mgr apprv 5k 6/18)1 [Departmental Use Only] TITLEEflandSewer-EsmtClear FY18-19 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 5thday of October, 2018, (“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 Douglas P. Malinowski(the "Provider"), party of the second part; W I T N E S S E T H: 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/ormaterialsand/or construction (hereinafter referred to collectively as “Services”) to be furnished under this Agreement are as follows: Mowing and clearing of the Efland Sewer Easements as described in Exhibit A:Project Specifications forSewer Line Easement Clearing. The limits of the work are defined in Exhibit B: Efland Sewer Line Easement Clearing Map. Thecost estimate for Servicesis shown in Exhibit C: Quote. The term of this agreement rendered shall be from October 05, 2018 to November 30, 2018. Provider represents and agrees that Provider is qualified to perform and fully capableof 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: TheCounty 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 THREE THOUSAND THREE HUNDREDDOLLARS., ($3,300.00). (Provider may invoice for Services upon County's written acknowledgement of the satisfactory completion of Services). 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 righthereunder 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. TheProvider 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. DocuSign Envelope ID: 0367C8AB-A6A6-4692-81B5-A3CECE426B4E Revised 10/17 (Mgr apprv 5k 6/18)2 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 be designated here 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, without limitation,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 Providerin carrying out Provider’s duties and obligations related to the Services to be provided in this Agreement. 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 Provider. 7.Entire Agreementand 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. Modifications may be evidenced by telefacsimile signature.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.Governing Lawand Priority:Both parties agree that this Agreement shall be governed by the laws of the State of North Carolinaand 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 state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Non- Discrimination Policyand 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 certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractoridentified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractoridentified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the termsherein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9.Dispute Resolution:Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. If such mediation fails either party may initiate litigation to resolve the dispute. Should either party initiate litigation to settle any dispute involving the terms of this Agreement DocuSign Envelope ID: 0367C8AB-A6A6-4692-81B5-A3CECE426B4E Revised 10/17 (Mgr apprv 5k 6/18)3 such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. 10.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. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER By: _________________________ By: _________________________ Department Director Title: ________________________ 200 S. Cameron St. Douglas P. Malinowski P.O. Box 8181 1005 Dimmocks Mill Rd Hillsborough, NC 27278 Hillsborough, NC 27278 DocuSign Envelope ID: 0367C8AB-A6A6-4692-81B5-A3CECE426B4E EXHIBIT A Project Specifications for Sewer Line Easement Clearing S:\12_Engineering\Efland Sewer\Contracts\Easement Clearing\FY2016-2017\SewerLineEsmtClearingSpecifications_2016.docx Specifications Page 1 of 2 Overview It is the intent of these specifications to provide enough information for a Contractor with the proper equipment to clear the existing sewer easement such that a maintenance truck can travel along the easement. Basically, this involves cutting all vegetation growing within ten feet on either side of the sewer line, clearing any limbs that may be growing into the space above the easement and removing trees, limbs or other obstructions which may have fallen across the easement. For this project, Orange County will supply the following: 1. A map of the easements to be cleared, attached as Exhibit B. 2. Notification to all the Efland Sewer customers that easement clearing will be taking place. 3. Field flagging of the centerline of the force main clearing from the Richmond Hills pump station at the east end of Alice Miller Ct. to the gravity sewer manhole northeast of Efland Cheeks Elementary School. The Contractor will be expected to provide all equipment and labor to clear the easements as described below. Scope of Work The fee associated with this scope of services is for clearing the entire system one time. All of the easements for the sewer lines shown on the map, Exhibit B, are to be cleared to the standards listed below, except for those sewer lines that are located under streets. The area to be cleared is ten feet on each side of a straight line between each manhole in the sewer system. Therefore, the total cleared width will be 20 feet. It is important that the cleared area be as straight as possible, because we are not allowed to do any clearing outside of the easement. There are some areas adjacent to existing road rights of way that originally involved fence relocation. In such instances, clear to the fence line or 10’ from sewer, whichever is less. All grass, bushes, vines, saplings or trees that can be mowed should be cut to a height of no more than 5". Trees that cannot be mowed down should be cut so the stump is level with the ground (no more than 5" above the ground) and the remainder of the tree either chipped in the field or hauled away. The easement needs to be cleared sufficiently for a maintenance vehicle to be able to drive to every manhole for cleaning or inspection purposes. Should there be any significant trees of question within the specified clearing limits, prior to removal, the Contractor should contact the Orange County Engineering staff for specific direction. DocuSign Envelope ID: 0367C8AB-A6A6-4692-81B5-A3CECE426B4E EXHIBIT A Project Specifications for Sewer Line Easement Clearing S:\12_Engineering\Efland Sewer\Contracts\Easement Clearing\FY2016-2017\SewerLineEsmtClearingSpecifications_2016.docx Specifications Page 2 of 2 In addition to mowing the ground cover, the Contractor will remove any limbs or other vegetative growth that projects into the easement area, up to a height of 10 feet. There may also be trees or limbs that have fallen across the easement. These will need to be cut to the limits described and either hauled away or chipped in the field as described above. There are some manholes that are enclosed within fenced-in yards or may otherwise be inaccessible, due to structures built by property owners around the easements. To the greatest extent possible, the Orange County Engineering staff will advise the Contractor of any known structures that might impede clearing before work begins. However, if the Contractor comes across an area that would require destruction of such fences or other structures in order to clear the easement, the Contractor should contact Orange County Engineering Staff for guidance, prior to taking any further action. Exclusions 1.The grounds within the fence lines of the Richmond Hills Pump Station and the Brookhollow Pump Station. Schedule Once notified to begin work, please note that time is of the essence. Work on this project should commence as soon as possible and continue without interruption until the project is completed. Should there be delays, for whatever reason, the work shall be completed no later than the termination date of contract. The grounds within the SURSHUWLHVRZQHGE\0U0LFKDHO(IODQGLGHQWLILHGDV 3,1VDQGGLVSOD\HGLQ([KLELW% 0U(IODQGKDVQRWLILHG2UDQJH&RXQW\WKDWKHZLOODVVXPHPRZLQJFOHDULQJ UHVSRQVLELWOLWLHVIRUWKHVHZHUHDVHPHQWVWUDYHUVLQJKLVSURSHUWLHV . DocuSign Envelope ID: 0367C8AB-A6A6-4692-81B5-A3CECE426B4E DocuSi n Envelope ID:0367C8AB-A6A6-4692-8185-A3CECE426B4E Exhibit • Sewer Line Easement Clearing MIA 00 ►� ° ± a A ■ € UCKWALT€R LN■ . rrlgt■ IL ■ ■ ■ ■ ■ ■ GREGG ST ■m ■ tD ■O "�147fLLER CT r C1-�-r m 0 J ■ 0 ■ L, Z ■ OJI ■ ■ ■ W FULLE'Ro Q ■ ��eson w 70 VV 0 L■■■■ 2 0 SANDERS R; 4� C] Z J �• Farce Main W The sewer data was compiled from multiple sources.This ma �■ � Gravity Sewer � p p Is not meant to show the exact location of sewer lines or pump stations. Easement to be Cleared and Mowed please refer to the record drawings for more information. DocuSi n Envelope ID:0367C8AB-A6A6-4692-8185-A3CECE426B4E Exhibit • Sewer Line Easement Clearing IVII ,r This length of easement on I Michael Efland"s properties will be mowed by Mr. Efiand. �r ❑ ©i G 0 . o ,��� o■ ■ ■ 1 - WILSON.EFLAND RI7 iN TI Uj a � -o ■■■■■■■■■ . U5.70.W ■■■■r■■■■■■■ ca N� _ N Q r T Blau r+wr■�■■t■I F. RRLSTAVEM■■■■■■ ■■Ip■■■■■"■■■■■■w SOUTHERN DR L7 0 Farce Main l� Z a ■r Gravity Sewer Mowed by Mr. Efland he sewer data was compiled from multiple sources.This map is not meant to show the exact location of sewer lines or pump stations. Easement to be Cleared and Mowed please refer to the record drawings for more information. DocuSign Envelope ID:0367C8AB-A6A6-4692-8185-A3CECE426B4E Exhibit C Quote Wellsmont Landscaping l f 1005 Dimmocks Mill Rd '� Hillsborough, NC 27278 L A N ID S C � I 919.810.6282 91 '9.810. 6282 Customer Customer Number OR1 Quote Date September 20, 2018 Orange County Sales Person DPM 131 W. Margret Lane, PO Box 8181 Expiration Date November 30, 2018 Hillsborough, NC 27278 Terms Proposal Name Efland Cheeks Sewer Easement Project Name Proposal Number 2018-196 Version Number 1 SKU Size/ Description Quantity Unit Extended Unit Price Price Efland Cheeks Sewer Easement Mowing/Clearing 1.00 $3,300.00 $3,300.00 Taxable $0.00 Tax Exempt $3,300.00 Tax $0.00 Total $3,300.00 Notes: 1) Mow/clear Efland Cheeks Sewer Easements in Exhibit B Maps 1 &2 2)Clear trees and grass down with in 5"of existing grade within the easement 3) Hand trim around man holes 4)Any downed trees in the easement will be moved to edge of easement, estimate does not include removal or disposal of downed trees in the easement 5)Scope of mowing to be executed by November 30 2018 1 DocuSign Envelope ID:0367C8AB-A6A6-4692-8185-A3CECE426B4E NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY, INC. 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 he 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). INSURED DOUG MALINOWSKI JR CERTIFICATE ORANGE COUNTY PLANNING AND NAME AND 1405 DIMMOCKS MILL ROAD HOLDER INSPECTIONS CREPT ADDRESS HILLSBOROUGH NC 27278 131 W MARGARET LANE PO BOX 8181 HILLSBOROUGH NC 27278 CSANDT7a ORANGECOUNTYNC.GOV COVERAGES _ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD i 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. X TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS— ------ - MMrOD1YYYY MMOD{YYYY ® COMMERCIAL GENERAL LIABILITY X GL 0483161 212312018 2/23/2019 GENERAL AGGREGATE _$2,t 0.0 900 OCCURRENCE PRODUCTS-COMPIOPS AGGREGATE $4 GEN'L AGGREGATE APPLIES PER POLICY PERSONAL&AOV INJURY $1,000,000 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED $100,ODO _PRFMI___E@_S�ccurrenceL --- - MED EXP(Any one person) $5,000 ❑ EACH OCCURRENCE $ BUSINESSOWNERS AGGREGATE $ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY (Each accident) $500,000 8/2412018 2/2412019 BODILY INJURY{Per person] $ BAP 2177023 r SCHEDULED AUTOS r ❑ HIRED AUTOS BODILY INJURY(Peracncided) $ NON-OWNED AUTOS PROPERTY DAMAGE $ _ Per accident) _ __ ❑ GARAGE LIABILITY ❑ (Other) EACH OCCURRENCE $ ❑ EXCESS LIABILITY— OCCURRENCE AGGREGATE $ y ® We STATUTORY WORKERS COMPENSATION N/A AND EMPLOYERS"LIABILITY WC 0253741 8/2812018 8/28/2419 E.L-EACH ACCIDENT $100,000 E,L.,DISEASE-EA EMPLOYEE $100,000 POLICY APPLIES TO THE WORKERS -.. ..___._ COMPENSATION LAW IN THE STATE OF NC E.L.DISEASE-POLICY LIMIT $5(]0,0(]4 OTHER: DESCRIPTION OF OPERATIONS 1 LOCATIONS E VEHICLES: Orange County is included as Additional Insured CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED AUTHORIZED REPRESENTATIVE BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE �J DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. DATE 9113/2018 { Cal 0910