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Home My WebLink About2019-406-E DEAPR - Agri-Waste Technology Inc. Twin Creeks soil testing DocuSign Envelope ID:4F777F78-922F-43C2-A26A-E4F2744CEFEB [Departmental Use Only] TITLE Twin Creek soil test FY 2019-20 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this I` day of July, 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 Agri-Waste Technology, 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 and/or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Soil testing required to design a septic system for the old Cate Farm at Twin Creeks Park. The term of this agreement rendered shall be from July 1, 2019 to August 31,2019. 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 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 One Thousand Eight Hundred dollars, ($1,800). 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 be required by County's Risk Manager as such insurance requirements are described in the Orange County Revised 12118 1 DocuSign Envelope ID:4F777F78-922F-43C2-A26A-E4F2744CEFEB Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.❑rangecountync.gov/departments/Purchasing division/contracts.ghp}, If County's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here NIA (if no additional insurance required mark NIA 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 telefacsimiie 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 1 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.oranucouniync.,aov/departmeiits/purchasing divisionlcontracts. h .). 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 12/19 2 DocuSign Envelope ID:4F777F78-922F-43C2-A26A-E4F2744CEFEB 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,Grange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER EDocuSigned by: Docu Sig ned by: By: gaVaa 7/5/2019 By. tom+i5 �tt 7/2/2019 811CFAID597M95. fr Tltle: 54BCF2FC4C&hb0 soil scientist/Partner 200 S. Cameron St. Chris McGee,Vice President-Soils and Env Testing P.G.Box 8181 801 N. Salem St., Suite 2.03 Hillsborough,NC 27278 Apex,NC 27502 Revised 12/18 3 DocuSign Envelope ID:4F777F78-922F-43C2-A26A-E4F2744CEFEB Z. �/ Engineers and Soil Scientists Agri-Waste Technology, Inc. 501 N. Salem Street, Suite 203 Apex, North Carolina 27502 919-859-0559 www.agriwaste.com June 19, 2019 PROPOSAL FOR SERVICES TO: Peter Sandbeck, Cultural Resources Coordinator Orange County Dept. of Environment/Agriculture/Parks &Recreation FROM: Chris McGee, LSS Vice President Soils &Environmental Testing SUBJECT: Proposal for On-Site Wastewater System Consulting Services—Twin Creeks Park(Chapel Hill,NC) Thank you for contacting Agri-Waste Technology, Inc (AWT) regarding your wastewater system needs. It is our understanding that an existing single-family residence located on the park property will need to utilize a new on-site wastewater (septic) system in order to dispose of wastewater. The specifications of the existing system, for the home are unknown;however, a separate system is installed for a barn located on the property. It is estimated that the home will not exceed 5-bedrooms. Based on our discussions, we recommend a preliminary soils evaluation of the area outlined in Figure 1 (following this proposal) in addition to the other services outlined in the scope below. The purpose of this evaluation is to determine where suitable soils exist for various types of septic systems, with the goal of trying to identify the best possible areas without detailed coverage of the entire tract. Our recommended coverage area is based on general USDA-NRCS soil maps and county GIS topography maps. The following steps are proposed under this scope: Perform in-field soil evaluation borings (field work to be completed within 30 business days of work agreement signature). - Develop summary map and report of suitable soil area(s). Generally,maps and reports are available within 5-7 business days of completion of field work. DocuSign Envelope ID:4F777F78-922F-43C2-A26A-E4F2744CEFEB Provide general consulting on wastewater system sizing and permitting requirements based on site findings. GIS shapefiles or.DWG files of AWT's soil map layers can be provided upon request of client Estimated Fee for Services Above: $1,800 Thank you for the opportunity to provide this information to you. Please feel free to contact me with any questions or comments regarding this proposal. I can be reached at (919) 367-6316 or cmcgee&PAWaste.com. a r i. Y Figure 1. Proposed Extents of AWT Soil Evaluation,Area(blue box) 2 DocuSign Envelope ID:4F777F78-922F-43C2-A26A-E4F2744C E FEB AGR{W-1 OP IDO C CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDWYYYY) 06/26/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDEN. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the po[icy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate ho[der in lieu of such endorsements . PRODUCER 919-556-3698 coN Acr Don Stroud,CIC,AAI Hartsfield&Nash Agency,Inc. PHONE 919-556-3698 FAx 919-556-8758 Post Office Box 110$ Alc No,Ext: AIC No): Wake Forest,NC 27588 E-MAIbSS0A OR on a s le -nas .Com Don Stroud,CIC,AAI I NS U RERfS1 A FORGING COVERAGE NAIC# INSURER A!SSIeCtlVe Insurance Company 39926 NSIJ INSURER 0;Accident Fund Insurance Co 10166 5 gni�aste Teehnol❑ggYy Inc INSURER c:Endurance American Specialty 41718 01 N.Salem St Ste 203 Apex,NC 27502 INSURER A 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. lLSR Liu TYPE OF INSURANCE DDL UBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE ] OCCUR 52253659 01/18/2019 0111$12020 DAMAGE TO RENTED 300,000 ME EXP(Any one persoN 10,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 4,000,000 POLICY X jEE LOC PRODUCTS-COMPIOP AGG 4,000,000 OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 X ANY AUTO S2253659 01/18/2019 01/18/2020 BODILY INJURY Per ermn S OWNED SCHEDULED AUTOS ONLY AU❑❑IT�O$$ pp BODILY INJURY Per acc[dent AHIITOS ONLY Al1TO5fY PPerOaoEcitlent AMAGE A X UMBRELLA LIAB x OCCUR EACH OCCURRENCE 2,000,000 EXCE sLIAB CLAIMS-MADE S2253659 01IM812019 01/18/2020 AGGREGATE 2,000,000 DE0 I X I RETENTIONS 0 B WORKERS COMPENSATION X PER OTH- ANDEMPLOYERS'LIABILITY WCV6138339 01/18/2019 01/18/2020 1,000,000 ANY PROPRIETORIPARTNERIEXECUTIVE Y! E.L.EACH ACCIDENT QFFICERIMEMBER EXCLUDE❑7 N N++4 andataryinN y E.L.DISFASE-EAEMPL YE 1 1,000,000 It as,describe under 11000,000 ❑ CRIPTI N OF OPERATIONS below E.L.DISEASE-POLICY LIMIT C Professional Liab ECC10101303500 0812212018 0812212019 Per Claim 4,000,000 A LeasedlRented S2253659 0111812019 0111812020 Equipment 25,000 DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES(ACORD 101.Additional Remarks Schedule,may he attached if more space is required) CERTIFICATE HOLDER CANCELLATION ORAN818 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County QEAPR THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 9 tY ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 306 A Revere Road Hillsborough, INC 27278 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD