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HomeMy WebLinkAbout2020-004-E Planning - In Water Services LakeOrange intake tower serviceRevised 11/19 1 [Departmental Use Only] TITLE L.O. IntakeTower FY 19-20 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 23rd day of December, 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 In-Water Services Company, Inc. (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/or materials and/or construction (hereinafter referred to collectively as “Services”) to be furnished under this Agreement are as follows: Supply all labor and materials for servicing of the Lake Orange intake tower. See Attachment A for detailed scope description. See Attachment B for site location map. See Attachment C for site photographs. See Attachment D for detailed estimate. The term of this agreement rendered shall be from December 23, 2019 to March 16, 2020. 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 (as determined by the County) performed in accord with this Agreement. The amount to be paid by the County shall not exceed THREE THOUSAND FIVE HUNDRED DOLLARS, ($3,500.00). 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 DocuSign Envelope ID: 884B2CFE-2DE5-44E8-9F7A-8208DA7367FC Revised 11/19 2 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: To the extent authorized by North Carolina law 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. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 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 11A 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.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 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 DocuSign Envelope ID: 884B2CFE-2DE5-44E8-9F7A-8208DA7367FC Revised 11/19 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. Mike Brian, President P.O. Box 8181 3683 SE School Road Hillsborough, NC 27278 Greensboro, NC 27406 DocuSign Envelope ID: 884B2CFE-2DE5-44E8-9F7A-8208DA7367FC Lake Orange – Intake Tower Servicing – Scope Description The existing Lake Orange intake tower drain gate (48-inch wide steel sluice gate) and the associated manually-operated top-slab mounted actuator are believed to be original to the initial construction of Lake Orange in 1969. The existing sluice gate and actuator were fabricated by Rodney Hunt, Inc. Currently, the existing sluice gate is very difficult to operate manually. An inspection conducted in September 2018 revealed the presence of sediment and/or corrosion within the gate tracks and around the gate seating surface. On-site de-mucking of the intake tower interior and servicing of the intake tower drain gate and actuator are required so as to free up the intake tower drain gate and improve ease of operation. Scope Description: No utility location is required. No permitting is required. This work shall be conducted using OSHA confined space procedures and will require the support of a standby rescue team. The standby rescue team will be coordinated and provided by Orange County. This project is located entirely within Orange County property. The project site address is 1221 Lake Orange Road, Hillsborough, NC 27278. There is currently no functioning power source on site. See Attachment B for the location of the project. See Attachment C for site photographs of the proposed work area. A. Provider shall supply all labor and materials for pressure-washing the interior concrete walls and bottom slab of the intake tower. The associated sediment and/or runoff from the pressure washing activities shall be completely flushed out of the intake tower via gravity flow using the existing 48-inch concrete outlet pipe. The 100 linear feet of 48-inch outlet pipe will also require flushing, which may be facilitated by opening the intake tower lake gate. Provider shall coordinate this work in the field with Orange County staff. B. Provider shall supply all labor and materials for servicing the existing intake tower drain gate (48-inch sluice gate) and associated gate operating hardware so as to improve the ease of manual operation, including but not limited to: 1) Pressure washing and/or manually cleaning and then lubricating the gate tracks/wedges/guides; 2) Cleaning and readjusting the gate stem guides; 3) Lubricating the grease fittings on the existing gate actuator; 4) Cleaning and lubricating the upper stem/screw (above/inside the actuator); 5) Opening (and then properly re-sealing) the exterior case of the top-slab mounted gate actuator to evaluate whether moisture is present inside the actuator, clean and lubricate any/all accessible parts inside the actuator prior to re-sealing the exterior case; 6) Test operating all cleaned and lubricated hardware. C. The work described above shall be completed in one day (8-hours) or less, so as to minimize remobilization fees and the need for a standby rescue team. Attachment A DocuSign Envelope ID: 884B2CFE-2DE5-44E8-9F7A-8208DA7367FC                                See Attachment C for Site Photographs DocuSign Envelope ID: 884B2CFE-2DE5-44E8-9F7A-8208DA7367FC Attachment C – Site Photographs Intake Tower Access Hatch (approx. 36" W x 72" L) Manually-Operated Actuator for Tower Drain Gate (48" wide sluice gate) Tower Drain Gate (48" wide sluice gate) Operating Stem for Tower Drain Gate (48" wide sluice gate) DocuSign Envelope ID: 884B2CFE-2DE5-44E8-9F7A-8208DA7367FC Phone: 336-272-5500 1011 N. Raleigh St. Greensboro, NC 27405 QQuotation Quotation #: Date: Customer ID: Page: 1 To: Your Order # Our Order # Sales Rep. Terms Quantity Description Total Lake Orange Sluice Gate Cleaning: Scope of Work: 1. Pressure washing and/or manually cleaning and then lubricating the gate tracks/wedges/guides; 2. Cleaning and readjusting the gate stem guides; 3. Lubricating the grease fittings on the existing gate actuator; 4. Cleaning and lubricating the upper stem/screw (above/inside the actuator); 5. Opening (and then properly re-sealing) the exterior case of the top- slab mounted gate actuator to evaluate whether moisture is present inside the actuator, clean and lubricate any/all accessible parts inside the actuator prior to re-sealing the exterior case; 6. Test operating all cleaned and lubricated hardware; 7. Overall pressure washing of the interior of the intake tower (top to bottom) and subsequent flushing of all debris/sediment through the 48” outlet pipe. Notes: Item number 5: Case will be opened and evaluated. This item may require additional time or parts to repair. Quoted: open, inspect and add fresh grease only. 3,500.00 3,500.00 Quotation valid for 60 days. This is a quotation on the goods named, subject to the conditions noted below: To accept this quotation, sign here and return: __________________________ Quotation prepared by: Attachment DDocuSign Envelope ID: 884B2CFE-2DE5-44E8-9F7A-8208DA7367FC DocuSign Envelope ID:884B2CFE-2DE5-44E8-9F7A-8208DA7367FC 0 DATE(MMIDDIYYYYJ ACORN CERTIFICATE C E OF LIABILITY INSURANCE 12I1012019 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 polley(les)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 ondorsement(s). PRODUCER CANE,CONTACT Steve Macquarrie International Special Risks AIONo I xt: 781-406-6097 jvc,No- (781)246-7830 50 Salem Street ADDRESS: Steve@isr-insurance-oom Building 8,3rd Floor INSURER(5)AFFORDING COVERAGE NAIL p Lynnfield MA 01940 IN5URERA: Great American Insurance Co. INSURED INSURER B: In-Water Services Co.,Inc. INSURERC: In-Water Properties LLC INSURER D: 3683 Southeast School Road INSURER E: Greensboro NC 27406 INSURER F COVERAGES CERTIFICATE NUMBER: CL1912207445 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. ILTR TYSR PE OF INSURANCE INSD yyyp POLICY NUMaER MMIDD EF MMIDDIYYYY LIMITS x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE �OCCUR PREMISES Ea occurrence $ 50,000 MED EXP(Any one person) $ 5,000 A Y OMH 1391-68-96 07 01/15/2019 01/16/2020 PERSONAL&AOV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JECT LOC PRODUCTS-COMPIOPAGG $ 1,000,000 OTHER: I $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMI $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per acddenl) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Peraccidenl UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DEO I I RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN SPTER ER ANY PROPRIETORIPARTNERIEXECUTIVE ❑ NIA E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ , it yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Protection&Indemnity A OMH 891-58-98 07 01/15I2019 01I15I2020 P&I Limit $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached IF more apace is required) 30 day notice of cancellation except 10 days for nonpayment of premium. Certificate Holder is an Additional insured as respects GL coverage as their interests may appear subject to the terms,conditions,exclusions and endorsements set forth in the policy and as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES HE 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 AUTHORIZED REPRESENTATIVE P.O.Box 8181 Hillsborough NC 27278 Y� u ,hnAR ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 26(2016103) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:884B2CFE-2DE5-44E8-9F7A-8208DA7367FC I OP ID: SB .4C"J?" (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCEFDATE12/10/2019 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 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: Sandra Berry Southeastern Agency Group,lnc. PHONE FAX 1501 Highwoods Blvd.,St#402 A/C No Ext:336-218-7470 A/c,No): 336-218-7487 Greensboro,NC 27410 E-MAIL ber Travis Ketron ADDRESS:s ry@sa gnc.com PRODUCER INWAT-1 CUSTOMER ID#: INSURER(S)AFFORDING COVERAGE NAIC# INSURED In Water Services Co, Inc INSURERA:WC Assigned Risk/Travelers 3683 Southeast School Rd INSURER B:Berkley Fire&Marine 38911 Greensboro, NC 27406 INSURER C:Pennsylvania National 14990 INSURER D: 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 ADDTYPE OF INSURANCE L SUBR POLICY EFF POLICY EXP LIMITS LTR R WV POLICY NUMBER MM/DD/YYYY MM/DD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO REN =-U-- COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY F7 PROEC� F7 LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,00 C X ANY AUTO AU9 0676239 09/24/2019 09/24/2020 BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (PER ACCIDENT) $ X NON-OWNED AUTOS $ C X1 ded 250/500 $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER A ANY PROPRIETOR/PARTNER/EXECUTIVEY/N 6JUB-02E36278-8-19 09/24/2019 09/24/2020 E.L.EACH ACCIDENT $ 1,000,00 OFFICER/MEMBER EXCLUDED' F7 N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 B Rented and Leased MIM 1016903-52 09/24/2019 09/24/2020 Limit 300,000 Equipment Ded 1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Orange Lake Project CERTIFICATE HOLDER CANCELLATION ORANGEC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange Count Planning d THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN g y g an ACCORDANCE WITH THE POLICY PROVISIONS. Inspections Department PO Box 8181 Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE Travis Ketron ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD