HomeMy WebLinkAbout2019-273-E Planning - Froehling & Robertson Lake Orange ASR testing DocuSign Envelope ID: DAD8677E-5BD9-49A9-8752-89E081765EE6
[Departmental Use Only]
TITLE Lake0rangeASR_2019
FY 18-19
NORTH CAROLINA
SERVICES AGREEMENT UNDER $90,000.00
NO RFP/RFQ
ORANGE COUNTY
This Services Agreement (hereinafter"Agreement"), made and entered into this 15th day of
May, 2019, ("Effective Date") by and between Orange County, North Carolina a political
subdivision of the State of North Carolina (hereinafter, the "County") and Froehling &
Robertson, Inc., (hereinafter, the "Provider").
WITNESSETH:
That the County and Provider, for the consideration herein named, do hereby agree as
follows:
1. Services
a. Scope of Work.
i) This Agreement is for services to be rendered by Provider to County with respect
to (insert type of project): Concrete Testing at the Lake Orange Dam.
ii) By executing this Agreement, the 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.
iii) Time is of the essence with respect to this Agreement.
iv) The services to be performed under this Agreement consist of Basic Services, as
described and designated in Section 3 hereof. Compensation to the Provider for
Basic Services under this Agreement shall be as set forth herein.
2. Responsibilities of the Provider
a. Services to be provided. The Provider shall provide the County with all services
required in Section 3 to satisfactorily complete the Project within the time limitations set
forth herein and in accordance with the highest professional standards.
b. Standard of Care.
i) The Provider shall exercise reasonable care and diligence in performing services
under this Agreement in accordance with the highest generally accepted standards
of this type of Provider practice throughout the United States and in accordance
with applicable federal, state and local laws and regulations applicable to the
performance of these services. Provider is solely responsible for the professional
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quality, accuracy and timely completion and/or submission of all work related to
the Basic Services.
ii) Provider shall be responsible for all errors or omissions of its agents, contractors,
employees, or assigns 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.
iii) The Provider shall not, except as otherwise provided for in this Agreement,
subcontract the performance of any work under this Agreement without prior
written permission of the County. No permission for subcontracting shall create,
between the County and the subcontractor, any contract or any other relationship.
iv) Provider is an independent contractor of County. Any and all employees of the
Provider engaged by the Provider in the performance of any work or services
required of the Provider under this Agreement, shall be considered employees or
agents of the Provider only and not of the County, and any and all claims that may
or might arise under any workers compensation or other law or contract on behalf
of said employees while so engaged shall be the sole obligation and responsibility
of the Provider.
v) If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Provider represents that it and/or its
employees, agents and subcontractors engaged in such activities possess such
licenses, certifications, or credentials and that such licenses certifications, or
credentials are current, active, and not in a state of suspension or revocation.
vi) In determining the basic services to be provided, should any documents be
referenced in 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. Should a request for proposals and a proposal be referenced the
terms of the request for proposals shall have priority over the terms of any
proposal.
3. Basic Services
a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows
(fully describe services to be provided): Collection and laboratory analysis of four (4)
concrete core samples from the Lake Orange Dam concrete spillway channel, so as to
determine the compressive strength of the existing concrete and evaluate, qualify, and
quantify potential Alkali-Silica-Reactivity (ASR) within the existing walls and existing
base slab of the Lake Orange Dam concrete spillway channel. Production and delivery
of a detailed summary report sealed by a Professional Engineer. See Attachment A for
detailed scope. See Attachment B for map of the limits of work.
4. Duration of Services
a. Term. The term of this Agreement shall be from May 15, 2019 to July 31, 2019.
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b. Scheduling of Services.
i) The Provider shall schedule and perform its activities in a timely manner.
ii) Should the County determine that the Provider is behind schedule, it may require
the Provider to expedite and accelerate its efforts, including providing additional
resources and working overtime, as necessary, to perform its services in
accordance with the approved project schedule at no additional cost to the
County.
111) The Commencement Date for the Provider's Basic Services shall be June 1, 2019.
5. Compensation
a. Compensation for Basic Services. Compensation for Basic Services shall include all
compensation due the Provider from the County for all services under this Agreement.
The maximum amount payable for Basic Services shall not exceed TEN THOUSAND
FOUR HUNDRED Dollars ($10,400.00). Payment for Basic Services shall become due
and payable within thirty (30) days of Provider properly invoicing County. Payment
shall be subject to provisions of Section 5(b).
b. Disputes. In the event the amount stated on an invoice is disputed by the County, the
County may withhold payment of all or a portion of the amount stated on an invoice
until the parties resolve the dispute. 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.
c. Additional Services. County shall not be responsible for costs related to any services in
addition to the Basic Services performed by Provider unless County requests such
additional services in writing and such additional services are evidenced by a written
amendment to this Agreement.
6. Responsibilities of the County
a. Cooperation and Coordination. The County has designated (Christopher J. Sandt, Staff
Engineer) to act as the County's representative with respect to the Project 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.
7. Insurance
a. General Requirements. 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.orangecountVnc.gov/departments/purchasing division/contracts.php). If
County's Risk Manager determines additional insurance coverage is required such
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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.
8. Indemnity
a. Indemnity. The Provider agrees, without limitation, to defend, indemnify and hold
harmless the County from all loss, liability, claims or expense, including attorney's fees,
arising out of or related to the Project and arising from property damage or bodily injury
including death to any person or persons caused in whole or in part by the negligence or
misconduct of the Provider except to the extent same are caused by the negligence or
willful misconduct of the County. It is the intent of this provision to require the Provider
to indemnify the County to the fullest extent permitted under North Carolina law.
9. Amendments to the Agreement
a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional
compensation or a change in duration of this Agreement shall be made by a written
Amendment to this Agreement executed by the County and the Provider. The Provider
shall proceed to perform the Services required by the Amendment only after receiving a
fully executed Amendment from the County.
40. Termination
a. Termination for Convenience of the County. This Agreement may be terminated without
cause by the County and for its convenience upon seven (7) days' prior written notice to
the Provider.
b. Other Termination. The Provider may terminate this Agreement based upon the County's
material breach of this Agreement; provided, the County has not taken all reasonable
actions to remedy the breach. The Provider shall give the County seven (7) days' prior
written notice of its intent to terminate this Agreement for cause.
c. Compensation After Termination.
i) In the event of termination, the Provider shall be paid that portion of the fees and
expenses that it has earned to the date of termination, less any costs or expenses
incurred or anticipated to be incurred by the County due to errors or omissions of
the Provider.
ii) Should this Agreement be terminated, the Provider shall deliver to the County
within seven (7) days, at no additional cost, all deliverables including any
electronic data or files relating to the Project.
d. Waiver. The payment of any sums by the County under this Agreement or the failure of
the County to require compliance by the Provider with any provisions of this Agreement
or the waiver by the County of any breach of this Agreement shall not constitute a
waiver of any claim for damages by the County for any breach of this Agreement or a
waiver of any other required compliance with this Agreement.
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e. Suspension. County may suspend the Basic Services and this Agreement at any time for
County's convenience and without penalty to County upon three (3) days' notice to
Provider. Upon any suspension by County, Provider shall discontinue work on the Basic
Services and shall not resume the Basic Services until notified to proceed by County.
11. Additional Provisions
a. Limitation and Assignment. The County and the Provider each bind themselves, their
successors, assigns and legal representatives to the terms of this Agreement. Neither the
County nor the Provider shall assign or transfer its interest in this Agreement without the
written consent of the other.
b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights
of respective parties hereunder shall be governed by the laws of the State of North
Carolina. By executing this Agreement Provider affirms that Provider and any
subcontractors of Provider are 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 identified, 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 subcontractor identified,
on the list created by the State Treasurer pursuant to G.S. 147-86.81.
c. Non-Discrimination. 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 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
htip://www.oran eg countygc.gov/departments/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.
d. 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.
e. Entire Agreement. This Agreement represents the entire and integrated agreement
between the County and the Provider and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be amended
only by written instrument signed by both parties. Modifications may be evidenced by
facsimile signatures.
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f. Severability. If any provision of this Agreement is held as a matter of law to be
unenforceable, the remainder of this Agreement shall be valid and binding upon the
Parties.
g. Ownership of Work Product. Should Provider's performance of this Agreement generate
documents, items or things that are specific to this Project such documents, items or
things shall become the property of the County and may be used on any other project
without additional compensation to the Provider. The use of the documents, items or
things by the County or by any person or entity for any purpose other than the Project as
set forth in this Agreement shall be at the full risk of the County.
h. 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. It is expressly agreed that County
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 County's statutory authority, mandate and/or mandated
functions, by state and/or federal legislative or regulatory action, which adversely affects
County's authority to continue its obligations under this Agreement, then this Agreement
shall automatically terminate without penalty to County upon written notice to Provider
of such limitation or change in County's legal authority.
i. Signatures. 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 I IA and Article 40 of North Carolina General Statute Chapter 66.
j. Notices. Any notice required by this Agreement shall be in writing and delivered by
certified or registered mail, return receipt requested to the following:
Orange County Provider's Name
Attention:Christopher J. Sandt, P.E. Froehling &Robertson, Inc.
P.O. Box 8181 310 Hubert Street
Hillsborough,NC 27278 Raleigh,NC 27603
[SIGNATURE PAGE TO FOLLOW]
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DocuSign Envelope ID: DAD8677E-5BD9-49A9-8752-89E081765EE6
IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have
hereunder set their hands and seal, all as of the day and year first above written.
ORANGE COUNTY: PROVIDER:
nocuwanco o'yL o�o�c Siig-d hy:
B Elit
C A�HKSWStL B E
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County Manager
Santhosh K. Mahavadi, P.E.
Assistant Branch Manager,
Froehling & Roberston, Inc.
Printed Name and Title
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DocuSign Envelope ID: DAD8677E-5BD9-49A9-8752-89E081765EE6
FRGEHLING & ROBERTSON, INC.
Engineering Stability Since I881
Attachment A
310 Hubert Street
Raleigh, North Carolina 27603-2302
T 919.828,3441 1 F 919,828.5751
NC Engineering License#F-0266
April 16, 2019 (Revised 5/9/2019)
Mr. Christopher J. Sandt, P.E.
Staff Engineer
Orange County Planning and Inspections Department
131 W. Margaret Lane (P.O. Box 8181)
Hillsborough, NC 27278
Re: Proposal for ASR Testing Services
Lake Orange
Hillsborough, NC
F&R Proposal No. 1966-00705
Dear Mr. Sandt:
Froehling & Robertson, Inc. (F&R) is pleased to submit this revised proposal for providing
Concrete Alkali Silica Reactivity (ASR) testing and compressive strength testing services for the
referenced project.
F&R understands that the project site is located near 1221 Lake Orange Road in Hillsborough,
INC. Based on the information provided, we understand that you are requesting that we obtain
a total of four concrete cores from of the concrete spillway/channel for performing 1)
compressive strength testing per ASTM. C42 and 2) petrographic analysis specific to ASR per
ASTM C227. As discussed, F&R will provided the following scope of services for the project:
1) Using GPR to locate rebar within the vicinity of core locations;
2) Obtaining a total of four (4) concrete cores using a 3-inch diameter core barrel.
Compressive strength testing can be performed on a 3-inch diameter core as long as the
length of the intact core is greater than 4 inches. For performing petrographic analysis
specific to ASR, we need an intact core of 3 inches or longer. In addition, for performing
compressive strength testing and ASR testing on the same core, we need an intact core
of at least 8 inches or longer;
Corporate HQ: 3015 Dumbarton Road Richmond,Virginia 23228 T 804,264.2701 F 804.264.12D2 www,fandr.com
VIRGINIA• NORTH CAROLINA■ SOUTH CAROLINA■ MARYLAND • DISTRICT OF COLUMBIA
A Minority-Owned Business
DocuSign Envelope ID: DAD8677E-5BD9-49A9-8752-89E081765EE6
3) Grouting of full-depth core holes using store bought 3,000 psi non-shrink structural
grout;
4) Performing ASR testing per ASTM C227, compressive strength testing of concrete cores
per ASTM C42, project management and preparation of a report detailing the laboratory
findings and test results,signed and sealed by a professional engineer.
The following table provides our fees for providing the above noted services:
Description Cost for 4 cores
GPR Services $1,000
ASR Testing $4,000
Coring Services $5,000
Compressive Strength Testing $400
Please note that if we cannot obtain intact testable cores, we will invoice for the work
performed, which will likely include GPR services, coring services, grouting and project
management services. Also, as discussed, we can provide the final deliverables within 4 to 6
weeks of your authorization.
Please do not hesitate to contact me if you should have any questions regarding this proposal,
or if you need additional information.
Sincerely,
FROEHLING & ROBERTSON, INC.
Santhosh K. Mahavadi, P.E.
Assistant Branch Manager
❑range County Planning and Inspections Dept. April 15,2019(Revised 51912019)
Proposal for ASR Testing Services 2 F&R Proposal No.1966-00705
DocuSign Envelope ID: DAD8677E-5BD9-49A9-8752-89E081765EE6
Attachment B
Limits of Work
Legend
Ll Lake Orange Dam - Concrete Spillway Channel
i,
l
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1323
4. .� 3 J45ra
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DocuSign Envelope ID: DAD8677E-5BD9-49A9-8752-89E081765EE6
A Rn0 CERTIFICATE OF LIABILITY INSURANCE DAT5/(13/2019 )
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
NAME: certificatesVAWV@McGrifflnsurance.com
McGriff Insurance Services PHONE FAx
2108 W. Laburnum Ave Suite 300 AIC No Ext: 804-359-0044 A/C No):888-751-3010
PO Box 17370 ADDRESS:
Richmond VA 23227 INSURER(S)AFFORDING COVERAGE NAIC#
INSURERA:Valley Fore Insurance Company 20508
INSURED 35FROEHROB INSURERB:Continental Insurance Company 35289
Froehling & Robertson Inc
3015 Dumbarton Road INSURERC:XL Specialty Insurance Company 37885
Richmond VA 23228 INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:1355260119 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 INSD WVD POLICY NUMBER MM/DD/YYYY MM/DDIYYYY
A X COMMERCIAL GENERAL LIABILITY Y Y 6023711554 12/31/2018 12/31/2019 EACH OCCURRENCE $1,000,000
DAMAGE TO CLAIMS-MADE1:1 OCCUR PREMISES(Ea occurrence)TE ence) $300,000
MED EXP(Any one person) $15,000
PERSONAL&ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000
POLICY jE LOC PRODUCTS-COMP/OP AGG $2,000,000
OTHER: $
A AUTOMOBILE LIABILITY Y Y 6023711568 12/31/2018 12/31/2019 COMBINED SINGLE LIMIT $1,000,000
Ea accident
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
X HIRED X NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
B X UMBRELLA LIAB X OCCUR Y Y 60237111540 12/31/2018 12/31/2019 EACH OCCURRENCE $10,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000
DED X RETENTION$In nnn $
B WORKERS COMPENSATION Y 6023711537 12/31/2018 12/31/2019 X PER X OTH-
AND EMPLOYERS'LIABILITY Y/N STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED? N N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
C Professional Liability DPR9936116 1/1/2019 1/1/2020 $5,000,000 Each Claim
$5,000,000 Aggregate
$250,000 Deductible
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
If required by written contract the General Liability and Auto Liability policies include Blanket Additional Insured endorsements and Waivers of Subrogation are
included with respect to General Liability,Auto Liability and Workers Compensation on a Blanket basis.
The Umbrella policy follows form with respect to Additional Insured and Waiver of Subrogation Endorsements on the underlying General Liability,Auto Liability
and Workers Compensation policies as required by written contract.
Orange County Planning and Inspections Department is to be named as additional insured as required by written contract.
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
P.O. Box 8181 AUTHORIZED REPRESENTATIVE
Hillsborough NC 27278
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