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HomeMy WebLinkAbout2019-231-E Planning - Transstate LLC Efland Sewer Repairs DocuSign Envelope ID:8BEB6A42-094D-454B-878B-4C7142FFC9A3 NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 15th day of April, 2019 by and between Orange County, North Carolina (hereinafter the "County" and/or "Owner") party of the first part; and Transstate, LLC (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 AND MAXIMUM AMOUNT PAYABLE Beginning and ending dates of contract: April 15, 2019 through May 31, 2019. The Project Commencement Date shall be no later than April 22, 2019. Dollar Amount Not to Exceed: FORTY EIGHT THOUSAND, THREE HUNDRED SEVENTY FIVE DOLLARS. ($48,375.00) 2. SERVICES Contractor agrees to provide the following construction services (the "Work"): Repair of twelve (12) sewer pipe defects located within the Efland Sewer System that were identified by Orange County during routine sewer cleaning and remote-vehicle video activities conducted by Orange County. These sewer repairs will be completed using trenchless technology applications as detailed in Attachment A - Transstate Bid Package (Repair No. 1 Excluded). The Efland Sewer System is owned and maintained by the City. These sewer repairs will be considered part of the City's sewer system upon certification and acceptance of these sewer repairs by the City. Construction inspection shall be provided by the City or by the City's designated representative. The City shall be allowed access at all times to the construction site for inspection purposes. Contractor shall provide the City a minimum of 24 hours' notice prior to the start of construction and a minimum of 48 hours'notice prior to any required testing. The City shall be advised of any construction problems during the project and, if applicable, shall witness all tests and be satisfied with all post-repair video documentation prior to acceptance by the City. Any costs associated with tests, etc., shall be borne by the Contractor. Any substantial changes made to the approved sewer repairs shall be approved by the City prior to construction. 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 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 is solely responsible for obtaining all permits necessary to complete the Work in compliance with local, state, and/or federal law. The Contractor is responsible for all physical damage to owned or rented machinery, tools, equipment, forms, and other items owned, rented or used by the Contractor and/or Subcontractor(s) in the performance of the Work including all of Owner's property in Contractor's care, custody, or control, and all such property while it is in transit. Revised 12/18 1 DocuSign Envelope ID:8BEB6A42-094D-454B-878B-4C7142FFC9A3 3. 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. 4. 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. 5. SUSPENSION AND 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. Owner may suspend the Work at any time for Owner's convenience and without penalty to Owner upon three (3) days' notice to Contractor. Upon any suspension by Owner Contractor shall discontinue the Work and shall not resume the Work until notified to proceed by Owner. The notice required by this section or any other 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. Such notice is deemed given upon its delivery to, or deposit in a receptacle of, the United States Post Office. 6. 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://www.oran ec�ount)mc. ov�/departments/purchasing division/contracts.php). If Owner'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). Contractor shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. Revised 12/18 2 DocuSign Envelope ID:8BEB6A42-094D-454B-878B-4C7142FFC9A3 7. INDEMNIFICATION Contractor agrees, without limitation, 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 resulting in property damage or personal injury, including death, or other loss 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. 8. NON-ASSIGNMENT AND OWNER'S REPRESENTATIVE 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. The County has designated(Craig N. Benedict) to act as the County's representative with respect to the Work and shall have the authority to render decisions within guidelines established by the County Manager and/or the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 9. 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. 10. DISPUTE RESOLUTION Any dispute with respect to any provision of, or the performance or non-performance of, this Agreement shall be subject to the Dispute Resolution Rules and Procedures for Orange County Design, Building Construction, Renovation, and Repair Projects. The policy is incorporated herein by reference and may be viewed at http://www.oran e�tDc. ov/departments/purchasing division/contracts.php). 11. 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 Revised 12/18 3 DocuSign Envelope ID:8BEB6A42-094D-454B-878B-4C7142FFC9A3 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. 12. 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 regulations including but not limited to all state and federal non-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.oran eg counMc. o�partments/purchasing division/contracts.php). Any violation of the Orange County Non-Discrimination Policy 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 identified, on the lists created by the State Treasurer pursuant to G.S. 147-86.58 and G.S. 147-86.81. 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 intent of the Parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORANGE COUNTY CONTRACTOR r By� r � �y By .°w`P,�z,y County Manager Todd A. Reeves, President 200 S. Cameron St. Transstate, LLC P.O. Box 8181 P.O. Box 545 Hillsborough,NC 27278 Denver,NC 28037 Revised 12/18 4 DowSign Envelope ID.8BEB6A42-094D-454B-878B4C7l42FFC9A3 Attachment A - Transstate Bid Package Efland-Cheeks Sewer System-Request for Estimates on Point Repairs (Repair No. 1 Excluded) 09/18/2018 Repair Number Repair Location Pipeline Defect Pipe Size/Material Pipe Invert Depth Ift) Repair Method Estimate($) (see attached map) (see photos) (approximate) (vendor to specify) .11116 1 Tinnin Road between MH A76 and MH A75 protruding sewer tap 8"PVC 5' N/A N/A @ 42',3-o'clock position 2 Forrest Avenue between MH A-72 and MH A-71 root/stick protruding from sewer tap, 8"PVC 4' @ 129.8',2-o'clock position fractured pipe Robotic cutter $1,500.00 3 4520 HWY 70W between MH 1 and MH 2 separated joint and multiple pipe fractures 8"PVC 5' @ 176'to 180' 8"X T CIPP Repair $5,500.00 4 Efland Avenue between MH 9 and MH 9A defective sewer tap,fractured pipe 8"PVC 5' "X 4'CIPP Repair and lateral reinstatement $4,500.00 @ 15.5%9 to 11-o'clock position 5 Sanders Street between MH 7C and MH 7D deformed pipe 8"PVC 6' 8"X 4'CIPP Repair and lateral reinstatemen $4,500.00 @ 136',10-o'clock position 6 Sanders Street between MH 7D and MH 7F defective sewer e 8"PVC 7 tap,fractured i ' 8"X 4'CIPP Repair and lateral reinstatement @ 75'to 77',2-o'clock position P pipe $4,500.00 7 Ashwick Drive between MH H3 and MH F2 defective sewer tap,deformed and/or 8"PVC 14' 8"Full body CIPP main to lateral seal $4,500.00 @ 39.8',12-o clock position fractured pipe 8 Ashwick Drive between MH H3 and MH F2 defective sewer tap,deformed and/or 8"PVC 14' 8"Full body CIPP main to lateral seal $4,500.00 @ 43.9',12-o'clock position fractured pipe Ashwick Drive between MH H1 and MH F2 defective sewer tap,tee branch has punched 9 8"PVC 14' 8"Full body CIPP main to lateral seal $6,000.00 @ 194.6',12-o clock position through the pipe 10 Richmond Road between MH 11 and MH E4 incomplete sewer tap 8"PVC 6' Robotic cutter $1,500.00 @ 64.2' 11 Richmond Road between MH 11 and MH E4 incomplete sewer tap 8"PVC 6' Robotic cutter $1,500.00 @ 156.8' 12 Richmond Road between MH 11 and MH E4 incomplete sewer tap 8"PVC 6' Robotic cutter $1,500.00 @ 235.2' 13 Richmond Road between MH G3 and MH E4 8 h ti filt i i i l hoes n pipe,infiltration runner/gusher 8"PVC 6' 8"X 4'CIPP Repair and lateral reinstatement p $5,000.00 @ 187'to 190' Total1$): $45,000.00 Sales tax @ 7.5%=$3,375.00 Signed:Todd A Reeves Grand Total:$48,375.00 4-2-2018 Page 1 of 6 Dow gn Envelope lD.8BEB6A42-094D-454B-878B-4C7142FFC9A3 r Efland Sewer System - Locations of Required Repairs I 12 — — a — �� &mow ;I i FP a = — ' l' FOW�57 PV Y ++ Ensting Sewer Parcels v +N tiuor.l —57ree1s I-Al LocAorm o1 Required Repairs: DocuSign Envelope ID:8BEB6A42-094D-454B-878B-4C7142FFC9A3 TRENCHLESS PIPE REHABILITATION (vo) lePatch NO DIG p e Repair System I # Repair 3 1 Flow Thru packers Y� Premier Point Repair 9Y air Technology FRI, a;ia Say goodbye to costly and time consuming excavations and get right to the point of trenchless pipe repair with the PipePatch' NO DIG Pipe Repair System. Call us today to learn morel After 4 Repair U 47 �• 2198 •+y �h Phone:810-412-4740 • www.SlEonline.com�N M� Page 3 of 6 DocuSign Envelope ID:8BEB6A42-094D-454B-878B-4C7142FFC9A3 Ice (i)PiePatc 1 a sf L�7 U.R CwJv I,A,S:nAv NO DIG p Repair System PMG AVERAGE I 1 r l AVERAGE + 27,500 psi AVERAGE FLEXURAL MODULUS: 7,345,000 pSi Beiort Repair Odom.. TECHNICAL DATA • Odorless and ideal for working in confined spaces � � ' • Outstanding bonding properties to most materials • Resistance to 63+chemicals and oils • Non-flammable,making it ideal for hotels,airports,hospitals,etc. i • Non-hazardous,so no transport or disposal problems • Resin cures in the presence of water • Structural properties exceed the minimum requirements of ASTM F 1216 , ENVIRONMENTALLY SAFE ' • PipePatch contains no VOCs or Styrene • Safe for storm and sanitary sewers • PipePatch resin does not get hot • Maximum temperature may reach 105"F • Safe to touch and safe on packers APPLICATION ADVANTAGES • • • • ' * . • .�. • Available to repair 11/2"-72"diameter pipe in24" and48"lengths • • • • * Flow-thru packers prevent backups during repairs • No more costly,disruptive and time consuming excavations • No more road closures or traffic back ups during repairs • Only standard sewer cleaning and inspection equipment required • Small repair crews-as few as 1 to 3 people * Short repair times-several can be done in one day • Field tested for over 10 years with a durable 50 year repair life 1, • - . . o �. m 1, �P Phone:810-�412-4740 * www.SlEonline.com Page 4 of 6 DocuSign Envelope ID:8BEB6A42-094D-454B-878B-4C7142FFC9A3 Ultratech Water Resources PipePatch 219 Thamon Rd Shelby,NC 28150 To whom it may concern, Transtate LLC, Denver NC is an authorized PipePatch installer,factory trained to install any diameter engineered PipePatch kit. Michael B.Jenkins PipePatch Southeast Manager Page 5 of 6 DocuSign Envelope ID:8BEB6A42-094D-454B-878B-4C7142FFC9A3 TRANSSI'.F UL a ten. R' 'I`; Q c'Ht Internal Pipe Repair References TRANSSTATE LLC Trenchless Pipeline Services NCGCL#71649 DATE. MARCH 20, 2019 6434 Denver Industrial Park Dr, Deriver, N.C. 28037 Todd Reeves Office 704-483-1705 Cell 704.363-7697 Email Matt Reeves Office 704-483-1705 Cell704-268-2915 Email Website Henderson County, NC City of New Bern, NC City of Mt. Holly, NC Town of Tega Cay, SC City of Statesville, NC AQUA NC City of Gastonia, NC Carolina Water Services Town of Ranlo, NC City of Kannapolis, NC Town of Maiden, NC Town of Beaufort, NC Henderson Properties NC Town of Waxhaw, NC Kuester property Mgmt NC City of Conway, SC City of Hendersonville, NC M.C.A.S- Beaufort, SC JAY MAR Travel Park NC Piedmont Pipe CK Contractors Landeavor Development NC Ultra Tech Water Resources LandMark Construction Page 6 of 6 DocuSign Envelope ID:8BEB6A42-094D-454B-878B-4C7142FFC9A3 TRANLLC-03 SONIARODERICK '4�aRo CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 14- � 03/27/2019 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 Leslie Tyler NFP Property&Casualty Services, Inc. PHONE FAX 19510 Jetton Rd (A/C,No,Ext):(910)794-6105 (A/C,No):(910)794-6101 Cornelius, NC 28031 E-MAIL SS:leslie.tyler@nfp.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Auto-Owners Insurance Company 18988 INSURED INSURER B:Owners Insurance Company 32700 Transstate LLC INSURER C:Carolina Casualty Insurance Company 10510 PO Box 545 INSURER D: Denver, NC 28037 INSURER E 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 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 NUMBER POLICY EFF POLICY EXP LIMITS LTR IN SD WVD MM DD MM DD A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE FNF X OCCUR 35853599 08/28/2018 08/28/2019 DAMAGE TO RENTED 300,000 X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PECOT- LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO 5085359900 08/28/2018 08/28/2019 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PerOaccitlenDAMAGE $ AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE 5085359901 08/28/2018 08/28/2019 AGGREGATE $ 1,000,000 DED X RETENTION$ 10,000 C WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER BNUWC0137911 08/28/2018 08/28/2019 1,000,000 OFFICERO/MEMBER EXCLUDEDXECUTIVE ❑ N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder is additional insured with regards to general liability when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange Count Planning and Inspections Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN g Y 9 p p ACCORDANCE WITH THE POLICY PROVISIONS. ATTN:Christopher Sandt,Staff Engineer 131 W.Margaret Lane PO Box 8181 AUTHORIZED REPRESENTATIVE Hillsborough, NC 27278 Fr4e ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD