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HomeMy WebLinkAbout2019-284-E Solid Waste - The Water Specialist landfill well repair DocuSign Envelope ID:855BE64D-4337-4C8B-912D-A231DD8ADD04 [Departmental Use Only] TITLE FY ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 20th day of May, 2019, ("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 The Water Specialist (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 and/or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Repair the well and provide and install a New 2 cube AirCat at the Orange County Solid Waste Landfill located at Eubanks Rd., Chapel Hill, NC as set Forth on Attachment 1 and Attachment 2 The term of this agreement rendered shall be from May 20,2019 to June 30, 2019. 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 I. 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 Four Thousand Eight Hundred Twenty Dollars, ($4,820.00). 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 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 Revised 12/18 1 DocuSign Envelope ID:855BE64D-4337-4C8B-912D-A231DD8ADD04 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 additional insurance shall be designated here (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. Indemni : 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 Provider in 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 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. 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 I IA and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Priority: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and 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 Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.oran ecountync. og v/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 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. 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 terms herein 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 such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. Revised 12/18 2 DocuSign Envelope ID:855BE64D-4337-4C8B-912D-A231DD8ADD04 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 UocuSigned by: OocuSigned by: By: �°b�GV U"�L a*5 By: Ct8E2C5FC18747E sri�wbw SBE66F843690496 . Title. It 200 S. Cameron St. The Water Specialist P.O. Box 8181 608 Cornerstone Ct, Hillsborough,NC 27278 Hillsborough,NC 27278 Revised 12/18 3 DocuSign Envelope ID:855BE64D-4337-4C8B-912D-A231DD8ADD04 Attachment 1 Service Location Kristina Witoski - Disposal Manager 1514 Eubanks Road Chapel Hill, NC 27516 USA • (919) 968-2788 Bill To Kristina Witoski - Disposal Manager 1514 Eubanks Road Chapel Hill, NC 27516 USA • (919) 612-0103 • (919) 968-2788 • kwitosky@orangecountync.gov Name New 2 cube AirCat Summary Change out old standard filters with new 2 cube WaterRight AirCat in well house leaving existing2 cube carbon as polisher unit. This unit eliminates the need to change filters and will remove iron+particles from water along with sulfur, keeping the existing carbon tank in place. **5 year parts and labor warranty on new AirCat** Subtotal $2,848.00 $213.60 Tota, $3,061.60 Equipment Unit Name Description Quantity Cost Price Total % Inst-a WR-1.5 cu Air Cat 1.00 $797.00 $2,848.00 $2,848.00 28% WR- Wateright, Iron and 1054 sulfur backwashing Air-Cat filter 1054, Assembly DocuSign Envelope ID:855BE64D-4337-4C8B-912D-A231DD8ADD04 Unit Name Description Quantity Cost Price Total Total: $2,848.00 28% Service Location Kristina Witoski - Disposal Manager 1514 Eubanks Road Chapel Hill, NC 27516 USA • (919) 968-2788 Bill To Kristina Witoski - Disposal Manager 1514 Eubanks Road Chapel Hill, NC 27516 USA • (919) 612-0103 • (919) 968-2788 • kwitosky@orangecountync.gov Name Repair misc. Summary Replacing well seal and components in well house. Also replacing galvanized fitting that are leaking with brass or poly fittings. Install a meter box for shut off in the ground while replacing gate valve with ball valve. Dump and re-bed 2 cube carbon. And re-pipe leaking fittings under mobile home/office. Subtotal $1,634.16 Tax $122.56 Total $1,756.72 Tasks Name Description Quantity Unit Price Total wp- Replace Well Seal Assembly on Submersible pump 1.00 $302.78 $302.78 , 376 m ss-126 For Dump &Re-Bed on 2.0 cube 1.00 $505.38 $505.38 DocuSign Envelope ID:855BE64D-4337-4C8B-912D-A231DD8ADD04 Name Description Quantity Unit Price Total wp- Diagnose, repair leak or electrical connection at or around 1.00 $99.00 $99.00 , 112 pressure tank PL- Yard Leak repair, Hand Dig 1.00 $478.00 $478.00 250 PL- Standard Leak Repair in Crawlspace 1.00 $249.00 $249.00 245 DocuSign Envelope ID:855BE64D-4337-4C8B-912D-A231DD8ADD04 A ��0 CERTIFICATE OF LIABILITY INSURANCE DATE(M 05/07//2019 Y) 019 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 Patty Miller NAME: Business Insurers of Carolinas aCONN. Ext: (919)968-4611 ac,No): (919)968-8991 800 Eastowne Drive,Suite 208 E-MAIL pmiller@business-insurers.com ADDRESS: PO Box 2536 INSURER(S)AFFORDING COVERAGE NAIC# Chapel Hill NC 27515-2536 INSURERA: Penn National Security 32441 INSURED INSURER B: PA National Mutual Cas Inc The Water Specialist,DBA:JC Johnson Plumbing INSURER C: Technology Insurance Company 42376 &Septic Tank Service INSURER D: 608 Cornerstone Court INSURER E Hillsborough NC 27278 INSURER F: COVERAGES CERTIFICATE NUMBER: 19-20 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 ADDLSUBR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE To CLAIMS-MADE � OCCUR PREMISES Ea occurrence)l $ 500,000 MED EXP(Any one person) $ 10,000 A CX9 0728273 03/29/2019 03/29/2020 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY ❑ PRO ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT OTHER: Cyber liability $ 50,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED AX9 0728273 03/29/2019 03/29/2020 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY /� AUTOS ONLY (Per accident) Uninsured motorist $ 1,000,000 UMBRELLALIAB 2,000,000 OCCUR EACH OCCURRENCE $ B EXCESS LIAB CLAIMS-MADE UL90728273 03/29/2019 03/29/2020 AGGREGATE $ 2,000,000 DED I RETENTION $ Follows GL/AL/WC $ WORKERS COMPENSATION X SPERTATUTE EORH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 500,000 C OFFICER/MEMBER EXCLUDED? NIA TWC3775755 03/29/2019 03/29/2020 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under 500,000 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 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Orange County ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 AUTHORIZED REPRESENTATIVE Hillsborough NC 27278 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD