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HomeMy WebLinkAbout2020-328-E-Planning-Hazen&Sawyer DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA [Departmental Use Only] Title L.O. DamEngineer_1 FY 19-20 NORTH CAROLINA CONSULTING SERVICES AGREEMENT RFQ ORANGE COUNTY This Agreement, made and entered into this 15th day of May, 2020, ("Effective Date") by and between Orange County,North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and Hazen& Sawyer, P.C., (hereinafter, the "Consultant"). WITNESSETH: That the County and Consultant, for the consideration herein named, do hereby agree as follows: ARTICLE 1 SCOPE OF WORK 1.1 Scope of Work 1.1.1 This Services Agreement ("Agreement") is for professional consulting services to be rendered by Consultant to County with respect to (insert type of project) Initial Data Collection for On-Call Professional Engineering Services Related to the Lake Orange Dam Emergency Action Plan(EAP) 1.1.2 By executing this Agreement, the Consultant represents and agrees that Consultant 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. 1.1.3 Time is of the essence with respect to this Agreement. 1.1.4 The services to be performed under this Agreement consist of Basic Services, as described and designated in Article 3 hereof. Compensation to the Consultant for Basic Services under this Agreement shall be as set forth herein. ARTICLE 2 RESPONSIBILITIES OF THE CONSULTANT 2.1 Services to be Provided. The Consultant shall provide the County with all services required in Article 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. 2.2. Standard of Care 2.2.1 The Consultant shall exercise reasonable care and diligence in performing services under this Agreement in accordance with generally accepted standards of this type of Consultant practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Consultant is solely Revised 11/19 1 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA responsible for the professional quality, accuracy and timely completion and submission of all reports, drawings, specifications, plans, documents and services (hereinafter "Deliverables") related to the Basic Services. 2.2.2 The Consultant shall be responsible for all errors or omissions in the deliverables prepared by the Consultant. 2.2.3 The Consultant shall correct at no additional cost to the County any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts in any Deliverables prepared by the Consultant. 2.2.4 The Consultant shall assure that all Deliverables prepared by it hereunder are in accordance with applicable laws, statutes, and that any necessary or appropriate applications for approvals are submitted to federal, state and local governments or agencies in a timely manner so as not to delay the Project. 2.2.5 The Consultant 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. 2.2.6 Any and all employees of the Consultant engaged by the Consultant in the performance of any work or services required of the Consultant under this Agreement, shall be considered employees or agents of the Consultant 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 Consultant. 2.2.7 If activities related to the performance of this agreement require specific licenses, certifications, or related credentials Consultant 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. ARTICLE 3 BASIC SERVICES 3.1 Basic Services 3.1.1 The Consultant shall perform as Basic Services the work and services described herein and as specified in the County's Request for Qualifications RFQ Number 5283 for On-Call Professional Engineering Services Related to the Lake Orange Dam Emergency Action Plan (EAP) (the"RFQ")issued February 21,2020,which is fully incorporated and integrated herein by reference together with Attachments#1 - Rate Table (designate all attachments). 3.1.2 The Basic Services will be performed by the Consultant in accordance with the following schedule: (Insert task list and milestone dates) Task Milestone Date 1. Site Visit and EAP Review July 31, 2020 Revised 11/19 2 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA 2. 3. 4. 5. 6. 7. 8. 9. 10. 3.1.3 Should County reasonably determine that Consultant has not met the Milestone Dates established in Section 3.1.2 of this Article, County shall notify Consultant of the failure to meet the Milestone Date. The County, at its discretion may provide the Consultant seven (7) days to cure the breach. County may withhold the accompanying payment without penalty until such time as Consultant cures the Breach. In the alternative, upon Consultant's failure to meet any Milestone Date the County may modify the Milestone Date schedule. Should Consultant or its representatives fail to cure the breach within seven (7) days, or fail to reasonably agree to such modified schedule County may immediately terminate this Agreement in writing without penalty or incurring further obligation to Consultant. This section shall not be interpreted to limit the definition of breach to the failure to meet Milestone Dates. ARTICLE 4 DURATION OF SERVICES 4.1 Scheduling of Services 4.1.1 The Consultant shall schedule and perform his activities in a timely manner so as to meet the Milestone Dates listed in Article 3. 4.1.2 Should the County determine that the Consultant is behind schedule, it may require the Consultant to expedite and accelerate his efforts, including providing additional resources and working overtime, as necessary, to perform his services in accordance with the approved project schedule at no additional cost to the County. 4.1.3 The Commencement Date for the Consultant's Basic Services shall be May 15,2020. ARTICLE 5 COMPENSATION 5.1 Compensation for Basic Services 5.1.1 Compensation for Basic Services shall include all compensation due the Consultant from the County for all services satisfactorily(as determined by the County) performed pursuant to this Agreement except for any authorized Reimbursable Expenses which are defined herein. The maximum amount payable for Basic Services is TWO THOUSAND FIVE HUNDRED Dollars ($2,500.00). Payment for Basic Services shall become due and payable in direct proportion to satisfactory services performed and work accomplished. Payments will be made as percentages of the whole as Project milestones as set out in Section 3.1.2 are achieved. (For example, if there are 10 Project Tasks with Milestone Dates then Consultant may invoice for the first 10%of the whole upon County's acknowledgement of the satisfactory completion of Task one. Revised 11/19 3 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA Upon the County's acknowledgement that the second Task has been satisfactorily completed Consultant may invoice for the next 10%of the whole.) ARTICLE 6 RESPONSIBILITIES OF THE COUNTY 6.1 Cooperation and Coordination 6.1.1 The County has designated Christopher J. Sandt, P.E. 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 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. 6.1.2 The County shall be solely responsible for determining whether Consultant as satisfactorily completed Tasks associated with Milestone Dates. Upon County's written determination to Consultant that a Task has been satisfactorily completed by its accompanying Milestone Date Consultant may submit an invoice for payment. It is agreed that County shall not unreasonably withhold its determination of satisfactory completion of any Task. In the event the amount of an invoice is disputed County may withhold payment until the dispute is resolved by the parties. County may also withhold payment on an invoice until the satisfactory completion of a Task by Consultant. ARTICLE 7 INSURANCE AND INDEMNITY 7.1 General Requirements 7.1.1 Consultant shall obtain,at its sole expense,Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, Professional Liability 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 htip://www.oran eg cough og v/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). Consultant shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 7.2 Indemnity 7.2.1 To the extent authorized by North Carolina law the Consultant agrees, without limitation, to 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 Consultant 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 Consultant to indemnify the County to the fullest extent permitted under North Carolina law. ARTICLE 8 AMENDMENTS TO THE AGREEMENT Revised 11/19 4 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA 8.1 Changes in Basic Services 8.1.1 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 Consultant. The Consultant shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. ARTICLE 9 TERMINATION 9.1 Termination for Convenience of the County 9.1.1 This Agreement may be terminated without cause by the County and for its convenience upon seven(7) days prior written notice to the Consultant. 9.2 Other Termination 9.2.1 The Consultant 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 Consultant shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. 9.3 Compensation After Termination 9.3.1 In the event of termination, the Consultant 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 Consultant. 9.3.2 Should this Agreement be terminated, the Consultant 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. 9.4 Waiver 9.4.1 The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Consultant 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. 9.5 Suspension 9.5.1 County may suspend suspend the work at any time for County's convenience and without penalty to County upon three (3) days' notice to Consultant. Upon any suspension by County, Consultant shall discontinue the work and shall not resume the work until notified to proceed by County. ARTICLE 10 ADDITIONAL PROVISIONS 10.1 Relationship of Parties Revised 11/19 5 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA 10.1.1 Consultant is an independent contractor of the County. Neither Consultant nor any employee of the Consultant shall be deemed an officer, employee or agent of the County. Consultant's personnel shall not be employees of, or have any contractual relationship with the County. 10.2 Limitation and Assignment 10.2.1 The County and the Consultant each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Consultant shall assign or transfer its interest in this Agreement without the written consent of the other. 10.3 Governing Law 10.3.1 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. Consultant 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 the Orange County Living Wage Policy(both policies are incorporated herein by reference and may be viewed at hqp://www.orangecountync.aov/departments/purchasiniz 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 the definition of breach to discrimination. By executing this Agreement Consultant affirms that Consultant and any subcontractors of Consultant are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Consultant's breach of this Agreement. By executing this Agreement Consultant affirms Consultant is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement, Consultant certifies that Consultant has not been identified, and has not utilized the services of any agent or subcontractor identified, on the Iran divestment list created by the State Treasurer pursuant to G.S. 147-86.58 or the Israel boycott list created pursuant to G.S. 147-86.81. 10.4 Dispute Resolution 10.4.1 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 and it is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. The Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 10.5 Extent of Agreement 10.5.1 This Agreement, together with the RFQ and attachments distributed by the County and the Consultant's submitted response to the RFQ, all of which constitute the Contract Documents,represents the entire and integrated agreement between the County and the Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. In the Revised 11/19 6 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA event of a conflict among the terms of the Contract Documents, the priority of documents shall be this Agreement, the County's RFQ, attachments to the County's RFQ, and the Consultant's response to the RFQ. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. 10.6 Severability 10.6.1 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. 10.7 Ownership of Deliverables 10.7.1 All Deliverables, together with all supporting materials, source documentation, data collected, field notes, and working drafts, developed in the performance of this Agreement shall become the property of the County and may be used on any other project without additional compensation to the Consultant. The use of the Deliverables 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. 10.8 Non-Appropriation 10.8.1 Consultant 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 Consultant 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 Consultant of such limitation or change in County's legal authority. 10.9 Notices and Signatures 10.9.1 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. 10.9.2 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 Consultant's Name &Address Revised 11/19 7 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA Attention: Christopher J. Sandt, P.E. Alan Stone, P,E, P.O. Box 8181 4011 West Chase Blvd., Suite 500 Hillsborough,NC 27278 Raleigh,NC 27607 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: M�: By � ��r »u By Ca, .,, F,�FF Bonnie Hammersley, County Manager Akan egione, P.E., Vice President Orange County Printed Name and Title Revised 11/19 8 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA ORANGE COUNTY-DEPARTMENT USE ONLY Party/Vendor Name: Hazen&Sawyer,P.C. Party/Vendor Contact Person: Alan Stone,P.E.,Vice President Contact Phone:919-755-8569 Party/Vendor Address:4011 West Chase Blvd.,Suite 500 City Raleigh State:NC Zip:27607 Department: Planning Amount: $2,500.00 Purpose: Initial Data Collection for On-Call Professional En ing eering Services Related to the Lake Orange Dam Emergency Action Plan(EAP) Budget Code(s): 10695020-720013 Vendor #59201 (N/A if new vendor) Vendor is a BOCC consultant? Yes ❑No® Contract Type: (Check one)New Renewal ❑ Amendment ❑ Effective Date May 15, 2020 Approved by Board Yes❑ No® Agenda Date: This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement: Department Director's Signature C 9�by:6� d+ct Date: 5/15/2020 Agreements for emergency services or repair are not subject to the above affirmation. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency condition that was addressed: Risk Management This agreement is approved for sufficiency of insurance standards, specifications,and requirements: Office of the Risk Management OfficerEK 6..t Date: 5/15/2020 Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer C Date: 5/15/2020 Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney ts9 Date: 5/15/2020 Clerk to the Board Received for record retention: All Docusign contracts must be copied to Sherri Ingersoll upon completion: singersoll@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board Date: Revised 11/19 9 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA ATTACHMENT 1 RATE TABLE Hazen and Sawyer, P.C. Vice President $ 255.00/hour Associate Vice President $ 230.00/hour Senior Associate $ 220.00/hour Associate $ 200.00/hour Senior Principal Engineer $ 185.00/hour Principal Engineer $ 145.00/hour Assistant Engineer $ 125.00/hour Senior Principal Designer $ 130.00/hour Principal Designer $ 115.00/hour Administrative Assistance $ 75.00/hour DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA HAZE&SA-01 KGODWIN ,4coR0` CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 5/13/2020 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: Ames&Gough PHONE 8300 Greensboro Drive (A/C,No,Ext): (703)827-2277 (A///C,No):(703)827-2279 Suite 980 ADDRESS:admin@amesgough.com McLean,VA 22102 INSURERS AFFORDING COVERAGE NAIC# INSURER A:Hartford Fire Insurance Company A+ XV 19682 INSURED INSURER B:Hartford Casualty Insurance Company A+ XV 29424 Hazen and Sawyer INSURER C:Travelers Indemnity Company of Connecticut A++(Superior) 25682 498 Seventh Avenue INSURER D:Twin City Fire Insurance Company A+ XV 29459 New York,NY 10018 INSURER E:Continental Casualty Company CNA)A XV 20443 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 INSD WVD MM DD YYY MM DD YYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 42UUNBH8062 3/29/2020 3/29/202, DAMAGE TO RENTED 1,000,000 X X PREMISES Ea occurrence $ X Contractual Liab. MED EXP(Any oneperson) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ] PRO ❑X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 2,000,000 Ea accident $ X ANY AUTO X X 42UENBH7997 3/29/2020 3/29/2021 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PRO HIRED $ AUTOS ONLY AUTOS ONLY Comp./Coll. Ded $ 1,000 C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE X X ZUP31N1064A20NF 3/29/2020 3/29/2021 AGGREGATE $ 2,000,000 DED X RETENTION$ 10,000 $ D WORKERS COMPENSATION X PER OTH- ANDEMPLOYERS'LIABILITY STATUTE ER 42WBADOSYE 3/29/2020 3/29/2021 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE N/A X E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (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 $ E Professional Liab. AEHOO8231489 3/29/2020 3/29/2021 Per Claim/Aggregate 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if mores ace is required RE:RFQ#5283—ON-CALL PROFESSIONAL ENGINEERING SERVICES RELATED TO THE LAKE ORANGE DAME ERGENCY ACTION PLAN(EAP) Orange County,INC is included as additional insured with respect to General Liability,Automobile Liability and Umbrella Liability when required by written contract.General Liability,Automobile Liability and Umbrella Liability are primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and when required by written contract.General Liability,Automobile Liability,Umbrella Liability and Workers Compensation policies include a waiver of subrogation in favor of the additional insureds where permissible by state law and when required by written contract.30-day Notice of Cancellation will be issued for the General Liability,Automobile Liability,Umbrella Liability,Workers Compensation and SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange Count NC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 9 y ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 Hillsborough,INC 27278 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA AGENCY CUSTOMER ID: HAZE&SA-01 KGODWIN LOC#: 0 AFRO ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Ames&Gough 498 Seventh Avenue POLICY NUMBER New York,NY 10018 EE PAGE 1 CARRIER NAIC CODE EE PAGE 1 ISEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: Professional Liability policies in accordance with policy terms and conditions. Pollution Liability coverage is provided and included within the Professional Liability policy noted above. It shares the limits of the Professional Liability policy. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA ORANGE COUNTY NORTH CAR(.)I.INA Financial Services Department — Purchasing Division RFQ # 5283 Request for Qualifications to Provide On-Call Professional Engineering Services Related to the Lake Orange Dam Emergency Action Plan (EAP) Orange County, North Carolina Date of Issue: February 21, 2020 Proposal Opening Date: March 20, 2020 At 2:00 P.M. ET Direct all inquiries concerning this RFP to: Jovana Amaro Purchasing Agent Phone: 919-245-2651 Email: iamaro _orangecountync.gov t DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA 1 . Purpose: Orange County, North Carolina is releasing this Request for Qualifications (hereafter `RFQ') seeking responses from qualified Providers to provide professional engineering guidance to Orange County and multi-disciplined general engineering services, as needed, in support of the existing Emergency Action Plan (EAP) for the Lake Orange Dam. Specifically, Orange County is seeking to retain a qualified consulting firm (hereafter`Provider') on an annual contractual basis to serve Orange County in the formal role of "Owner's Engineer" as defined within the Lake Orange Dam EAP. An EAP response would only be activated by Orange County (hereafter `County') in response to an unusual event or an emergency event at the Lake Orange Dam. The resultant contract with the successful Provider is intended to be renewed on an annual basis, subject to Provider performance and available budget. 2. Background: The Lake Orange Dam (hereafter `Dam') is located at 1221 Lake Orange Road in Hillsborough, North Carolina. The Dam was constructed in the late 1960s via an earthen berm and concrete spillway/channel across the East Fork of the Eno River so as to create Lake Orange, a +/-150 acre surface water impoundment located within the Neuse River basin. The primary uses of Lake Orange are public water supply and maintenance of minimum dry weather flows in the East Fork of the Eno River. Limited recreational activities on Lake Orange are permitted as secondary uses. Lake Orange has a normal pool elevation of 615-ft (MSL) and has a drainage area of approximately 5,850 acres. The Dam structural height is approximately 40-feet with a normal pool freeboard of approximately 15-feet. The Dam crest length is approximately 1,100-feet and the Dam crest width is approximately 16-feet. The original construction of the Dam was funded via issuance of County bonds. The County is the current owner and operator of Lake Orange and the Dam. See Exhibit A for site location, driving directions and site photographs. See Exhibit B for an aerial image of the Dam and associated appurtenances. The Lake Orange reservoir is classified by the North Carolina Department of Environmental Quality (NCDEQ) as Water Supply II — Undeveloped (WS-II) surface waters, with additional NCDEQ classifications as High Quality Waters (HQW) and Nutrient Sensitive Waters (NSW). Descriptions of North Carolina surface water classifications are viewable online at: https://deg.nc.gov/about/divisions/water- resources/planning/classification-standards. In 2011 , NCDEQ classified the Dam as a Class C (High Hazard) dam, as defined in 15A NCAC 2K.0105 (Classification of Dams). The High Hazard classification of the Dam warrants that an EAP is maintained by the County and that any/all proposed repairs or alterations to the Dam be reviewed and approved by NCDEQ prior to construction, as defined in 15A NCAC 02K.0201 (Obtaining Approval for Dam Construction, Repair, or Removal). The NCDEQ tracking number for the Dam is ORANG-005. The most current version of the Dam EAP was created by the County using guidelines established by the Federal Emergency Management Agency (FEMA). The Dam EAP 2 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA was approved by NCDEQ in August 2018. The County provides minor EAP updates (e.g. downstream property owner information, EAP role definitions, contact information, etc.) to NCDEQ on an annual basis. The FEMA guidelines related to EAPs are viewable online at: https://www.fema.gov/media-library/assets/documents/3357. 3. Scope of Services: The scope of services generally consists of the following elements: 1. Non-Emergency Response: Provide general professional engineering guidance, on an on-call basis, for Dam-related issues that are not associated with the activation of a formal EAP response but have been identified by the County as necessary for third-party evaluation/investigation as part of the County's ongoing due diligence. The Provider must be able to respond to the County and/or send a qualified representative to the Dam site within 48-hours of a formal written request by the County for general professional engineering guidance that is not associated with the activation of a formal EAP response. 2. Emergency Response: Provide multi-disciplinary professional engineering services, on an on-call basis, in response to the activation of a formal EAP response due to an unusual or emergency event at the Dam. The Provider must be able to respond to the County and/or send a qualified representative to the Dam site within 24-hours of a formal written notification by the County that a formal EAP response has been activated by the County and that an emergency response is necessary. In the event of the activation of a formal EAP response, the Provider will serve the County in the formal role of "Owner's Engineer", with responsibilities defined within the Dam EAP as follows: Action Data Sheets - Recommended Actions (Owner's Engineer) • Review all pertinent information in order to recommend appropriate actions to (Owner) in conjunction with NC Dam Safety staff. • Provide oversight to corrective actions or work as required. • Observe conditions in site periodically and provide decision support as appropriate. Termination Responsibilities (Owner's Engineer) • Termination of an EAP operations call will occur only once the Owner's Engineer has notified the (Owner) that the condition of the dam has been stabilized and officials are able to declare an end to the public emergency response. EAP operations will not be terminated unless it is certain there is no further threat. The Provider must have professional engineering consulting experience with the construction, rehabilitation, and/or operation and maintenance of Class C (High Hazard) dams that are physically located in North Carolina. The Provider must be able to perform the following professional engineering support and/or technical design services for the County, on an on-call basis, as needed: • Follow-up site visits and site analyses; • Assistance in preparing scope of work requests for Requests for 3 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA Qualifications (RFQs) or Requests for Proposals (RFPs); • Preparation of sealed engineering calculations, cost estimates, etc. • Preparation of sealed engineering design drawings and bid documents; • Preparation of presentation material for stakeholder meetings and/or public meetings including AutoCAD drawings, GIS maps, hand-outs, poster boards, renderings, etc.; • Attendance at stakeholder meetings and/or public meetings *The Provider must have experience and/or capability in the following subjects: • Topographic and Boundary Surveying; • Geotechnical Engineering (related to dams); • Hydraulics & Hydrology (related to dams); • Civil Engineering (related to dams); • Structural Engineering (related to dams); • Quality Assurance/Quality Control; • Materials Handling and Recovery; • Laboratory Analysis; • Regulatory Compliance; • Risk Assessment; • Construction Cost Estimating; • Construction Engineering & Inspection (CE&I) *NOTE: It is not required that the Provider be exclusively experienced/capable in all of the above areas of expertise, however, the successful Provider may need access to this expertise and/or capability through sub-contracting or other arrangements as approved by the County. The successful Provider, once contracted with the County, will be required to conduct a mandatory walk-through at the Dam site, accompanied by the County Staff Engineer, so as to become familiar with existing site conditions, Dam operations, and ongoing maintenance and/or repair initiatives by the County. The mandatory Dam site visit by the successful Provider is estimated by the County to take approximately 1-2 hours on site, not including travel time by the Provider. The successful Provider, once contracted with the County, will also be required to coordinate with the County Staff Engineer so as to receive and review the current Dam EAP as well as all available record drawings specific to the Dam. The mandatory review of the current Dam EAP and all available record drawings by the Provider is estimated by the County to take approximately 6-8 hours, not including travel time by the Provider. 4. Available materials: • Exhibit A— Site Location, Driving Directions, Site Photos • Exhibit B —Aerial Image of Dam • Exhibit C — Orange County Consulting Services Agreement (template) 4 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA 5. Notice to Providers regarding RFQ Terms and Conditions It shall be the provider's responsibility to read the instructions, Orange County's terms and conditions, all relevant exhibits and attachments, and any other components made a part of this RFQ and comply with all requirements and specifications herein. Firms also are responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFQ. If providers have questions, issues, or exceptions regarding any term, condition, or other component within this RFQ, those must be submitted as questions in accordance with the instructions in Section 5.2 PROPOSAL QUESTIONS. If Orange County determines that any changes will be made as a result of the questions asked, then such decisions will be communicated in the form of an RFQ addendum. 5.1 RFQ Schedule The table below shows the intended schedule for this RFQ. Orange County will make every effort to adhere to this schedule. Event Responsibility Date and Time Issue RFQ Orange County February 21, 2020 Non Mandatory Site Visit Provider/OC March 02, 2020 Written Questions Provider March 06, 2020 Provide Response to Questions Orange County March 13, 2020 Submit Proposals Provider March 20, 2020 Onsite Presentation Provider TBD Contract Award Orange County TBD NON MANDATORY/URGED AND CAUTIONED SITE VISIT Urged and Cautioned Site Visit Date: 03/02/2020 Time: 2.00 PM— 3.30PM Instructions: Provider representatives are URGED and CAUTIONED to visit the Dam site subject to weather conditions and apprise themselves of the conditions and requirements which will affect the performance of the work called for by this Request for Qualifications. A non-mandatory site visit is scheduled for 2:00 PM at 1221 Lake Orange Road, Hillsborough, NC 27278. Submission of a proposal shall constitute sufficient evidence of this compliance and no allowance will be made for unreported conditions which a prudent Provider would recognize as affecting the performance of the work called for in this proposal. Provider is cautioned that any information released to attendees during the site visit, other than that involving the physical aspects of the site referenced above, and which conflicts 5 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA with, supersedes, or adds to requirements in this Request for Qualifications, must be confirmed by written addendum before it can be considered to be a part of this proposal. The non-mandatory site visit will be conducted by Christopher J. Sandt, P.E., Staff Engineer of the Orange County Planning and Inspections Department. 5.2 Proposal Questions Upon review of the RFQ documents and after the site visit, providers may have questions to clarify or interpret the RFQ in order to submit the best proposal possible. To accommodate the Proposal Questions process, providers shall submit any such questions by the above due date. Written questions shall be emailed to mama ro(a-)orangecountync.gov by the date and time specified above. Providers should enter "RFQ #:5283 Questions" as the subject for the email. Questions submittals should include a reference to the applicable RFQ section. Answers to these questions and any additional terms deemed necessary by Orange County will be posted in the form of an addendum to the Orange County Website. 5.3 Proposal Submittal IMPORTANT NOTE: This is an absolute reauirement. Provider shall bear the risk for late submission due to unintended or unanticipated delay—delivered by hand, U.S.- Postal Service, courier or other delivery service. It is the Provider's sole responsibility to ensure its proposal has been submitted to this Office by the specified time and date of opening. The time and date of submission will be marked on each proposal when received. Any proposal submitted after the proposal deadline will be rejected. Mailing address for delivery of proposal via US Postal Service PROPOSAL NUMBER: RFQ #5283: On-Call Professional Engineering Services Related to the Lake Orange Dam Emergency Action Plan (EAP) Orange County, NC PO BOX 8181 Hillsborough, NC 27278 Attn: Jovana Amaro Office Address of delivery by any other method (special delivery, overnight, or any other carrier). PROPOSAL NUMBER: RFQ #5283: On-Call Professional Engineering Services Related to the Lake Orange Dam Emergency Action Plan (EAP) Orange County, NC 405 Meadowlands Drive Hillsborough, NC 27278 Attn: Jovana Amaro 6 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA For proposals submitted via U.S. mail, please note that the U.S. Postal Service generally does not deliver mail to a specified street address but to the State's Mail Service Center. Providers are cautioned that proposals sent via U.S. Mail, including Express Mail, may not be delivered by the Mail Service Center to the agency's purchasing office on the due date in time to meet the proposal deadline. All Providers are urged to take the possibility of delay into account when submitting a proposal by U.S. Postal Service, courier, or other delivery service. Attempts to submit a proposal via facsimile (FAX) machine, telephone or email in response to this RFQ shall NOT be accepted. a) Submit one (1) original proposal response, [1] copy, and [1] flash drive of your proposal simultaneously to the address identified above. b) Submit your proposal in a sealed package. Clearly mark each package with: (1) Provider name; (2)the RFQ number; and (3) the due date. Address the package(s) for delivery as shown above. If Provider is submitting more than one (1) proposal, each proposal shall be submitted in separate sealed envelopes and marked accordingly. For delivery purposes, separate sealed envelopes from a single provider may be included in the same outer package. Proposals are subject to rejection unless submitted with the information above included on the outside of the sealed proposal package. c) Copies of proposal files must be provided on separate read-only CD's, DVD's or flash drives. File contents shall NOT be password protected but shall be in .PDF format, and shall be capable of being copied to other sources. 6. Proposal Contents: 1. A cover letter identifying the Provider, or Providers proposed for a team approach for the project. The cover letter must include the regional office location(s) for the Provider, or Providers proposed. (Maximum of one page of content) 2. Qualifications of the Provider. Maximum of 10 pages of content (i.e. 10 single- sided pages or 5 front and back pages), including items 3 and 4 listed below. Submittals must include a Provider overview and brief description of the Provider's history. A project organizational chart and description may be included. Key members of the project team should be included in the organizational chart. Clearly identify the prime contractor and any sub-contractors, if relevant, and the general roles of each on the project. 3. An explanation of how the Provider will adhere to the scope of work including a proposed work timeline that appropriately meets the goals of this project. This narrative should include an explanation of the following: a. An indication of your understanding of the project, b. Descriptions of similar projects that the Provider has completed that involved Class C (High Hazard) dams physically located in North Carolina. 4. Identification of the roles and responsibilities of all project team members with the Provider including: 7 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA a. Team organization including an identification of the lead Provider and project manager, key personnel that will be working on the project, the role of any proposed sub-contractors, etc. b. The submittal should include the names, office locations, professional license numbers (if applicable) and general roles of the project team members, inclusive of any proposed sub-contractors. c. A description of the current workload for identified individuals. 5. A minimum of three references for similar projects (Maximum of 10 pages of content (i.e. 10 single-sided pages or 5 front and back pages) including: a. The name and date of the project, b. The location of the client, and c. A contact name including relevant contact information. d. At least one of these references should be able to describe the proposed project manager's experience and qualifications. 6. Evidence of lead Provider's professional liability insurance ($1,000,000/$2,000,000) and the ability of the lead Provider to meet the "Standard Risk Profile" of the Orange County Minimum Insurance Coverage Requirements. Lead Providers must cite in their response any and all claims that have been filed against the professional liability insurance carried by the lead Provider within the last five (5) years. Prior to contract execution, lead Provider shall obtain, at its sole expense, Professional Liability Insurance, Commercial General Liability Insurance, Automobile Insurance, and Workers' Compensation Insurance as described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and available at: http://www.orangecountync.gov/departments/purchasing division/contracts.php). 7. E-Verify: HB789 imposes E-Verify requirements on contractors who enter into certain contracts with state agencies and local governments. The legislation specifically prohibits governmental units from entering into certain contracts "unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 65 of the General Statues." (Article 2 of Chapter 65 establishes North Carolina's E-Verify requirements for private employers.) It is important to note that the verification requirement applies to subcontractors as well as contractors. The new laws specifically prohibit governmental units from entering into contracts with contractors who have not (or their subcontractors have not) complied with E-Verify. Complete the attached affidavit, and include it with your submittal. All submittals, exhibits, responses, attachments, reports, charts, schedules, maps and illustrations shall become the property of Orange County upon receipt. PDF files should include bookmarks that link to sections to allow easy document navigation. Proposals may not use less than 12 point Times New Roman font. (Other fonts are acceptable but the size should be no smaller than 12 point. The page limitations do not include front cover, back cover, section dividers, or table of contents, if included. 8 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA All submittals received will be reviewed against the selection criteria set forth in this RFQ by a selection committee composed of County staff. A short list will be developed. The short-listed Providers may be invited to interview with the County on or about the end of March or early April 2020. Final selections will be made the following week. 7. Selection Criteria: All submittals will be ranked based on qualifications. Orange County will establish a short list of candidates and schedule interviews accordingly. The following criteria will be the basis on which Providers will be evaluated (in no particular order): • Appropriate expertise and professional engineering consulting experience with the construction, rehabilitation, and/or operation and maintenance of Class C (High Hazard) dams that are physically located in North Carolina; • Regional office location(s) conducive allowing the Provider(s) to respond to Non- Emergency Event or Emergency Event within the required 48-hour and 24-hour timeframes, respectively; • Past performance of the lead consulting Provider, on similar projects; • Adequate and experienced staff and proposed team for the project; • Recent experience with successfully maintaining project schedules and budgets; • Current workload and Provider capacity; • Understanding of the area where the project is located; • Working arrangements with necessary Providers; and • Other factors that may be relevant to the project 8. General Requirements: Living Wage Orange County is committed to providing its employees with a living wage and encourages agencies it funds to pursue the same goal. A copy of Orange County's Living Wage Contractor Policy is included in this RFQ package. 9 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA Exhibit A — Site Location, Driving Directions, Site Photos Kentucky Virginia Tennessee North Carolina Georgia South Carolina A � :.Uh1y rLr r; a Grope Trp I Orange Lktla q -- j Rlrx Tv'p County +f =`ti(} -ake Orange r° C T"'. {Nlle6orough E-Txp iron Trp Directions to Lake Orange Dam: From Downtown Hillsborough: Travel northbound on S. Churton Street (Old NC 86) for approximately 5.6 miles. Take a left (westbound) onto Lake Orange Road. Continue westbound approximately 1 .8 miles. The gated entrance to the Lake Orange Dam will be on the right. The site address is 1221 Lake Orange Road, Hillsborough, NC 27278. Page 1 of 2 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA 1'MIMI, r h�l i 1"O r View of Earthen Berm — Facing East View of Intake Tower- Facing Northeast 1i .Y Nt View of 48-inch Outlet Pipe — Facing Northwest View of Emergency Spillway— Facing East Page 2 of 2 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA Exhibit B Lake Orange Dam - Aerial Image OrangeLake Earthen Berm Length = +/- 1,100 feet Height = +/- 40 feet Crest Width = +/- 16 feet Intake Tower with Sluice Gates Site Entrance r Outfall Pipe (48-inch RCP) 1323 Emergency Spillway Channel Emergency Spillway Width = +/- 100 feet Height = +/- 8 feet Google Earth (D 2019 Google 500 ft DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA Exhibit C - Orange County Consulting Services Agreement [Departmental Use Only] Title FY NORTH CAROLINA CONSULTING SERVICES AGREEMENT RFQ ORANGE COUNTY This Agreement, made and entered into this day of , 20 ("Effective Date") by and between Orange County, North Carolina a political subdivision of the State of North Carolina(hereinafter, the "County") and , (hereinafter, the "Consultant"). WITNESSETH: That the County and Consultant, for the consideration herein named, do hereby agree as follows: ARTICLE 1 SCOPE OF WORK 1.1 Scope of Work 1.1.1 This Services Agreement ("Agreement") is for professional consulting services to be rendered by Consultant to County with respect to (insert type of project) 1.1.2 By executing this Agreement, the Consultant represents and agrees that Consultant 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. 1.1.3 Time is of the essence with respect to this Agreement. 1.1.4 The services to be performed under this Agreement consist of Basic Services, as described and designated in Article 3 hereof. Compensation to the Consultant for Basic Services under this Agreement shall be as set forth herein. ARTICLE 2 RESPONSIBILITIES OF THE CONSULTANT 2.1 Services to be Provided. The Consultant shall provide the County with all services required in Article 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. 2.2. Standard of Care 2.2.1 The Consultant shall exercise reasonable care and diligence in performing services under this Agreement in accordance with generally accepted standards of this type of Consultant practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Consultant is solely responsible for the professional quality, accuracy and timely completion and submission of all Revised 11/19 1 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA reports, drawings, specifications, plans, documents and services (hereinafter "Deliverables") related to the Basic Services. 2.2.2 The Consultant shall be responsible for all errors or omissions in the deliverables prepared by the Consultant. 2.2.3 The Consultant shall correct at no additional cost to the County any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts in any Deliverables prepared by the Consultant. 2.2.4 The Consultant shall assure that all Deliverables prepared by it hereunder are in accordance with applicable laws, statutes, and that any necessary or appropriate applications for approvals are submitted to federal, state and local governments or agencies in a timely manner so as not to delay the Project. 2.2.5 The Consultant 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. 2.2.6 Any and all employees of the Consultant engaged by the Consultant in the performance of any work or services required of the Consultant under this Agreement, shall be considered employees or agents of the Consultant 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 Consultant. 2.2.7 If activities related to the performance of this agreement require specific licenses, certifications, or related credentials Consultant 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. ARTICLE 3 BASIC SERVICES 3.1 Basic Services 3.1.1 The Consultant shall perform as Basic Services the work and services described herein and as specified in the County's Request for Qualifications RFQ Number for (the "RFQ") issued , 20 which is fully incorporated and integrated herein by reference together with Attachments (designate all attachments). 3.1.2 The Basic Services will be performed by the Consultant in accordance with the following schedule: (Insert task list and milestone dates) Task Milestone Date I. 2. 3. Revised 11/19 2 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA 4. 5. 6. 7. 8. 9. 10. 3.1.3 Should County reasonably determine that Consultant has not met the Milestone Dates established in Section 3.1.2 of this Article, County shall notify Consultant of the failure to meet the Milestone Date. The County, at its discretion may provide the Consultant seven (7) days to cure the breach. County may withhold the accompanying payment without penalty until such time as Consultant cures the Breach. In the alternative, upon Consultant's failure to meet any Milestone Date the County may modify the Milestone Date schedule. Should Consultant or its representatives fail to cure the breach within seven (7) days, or fail to reasonably agree to such modified schedule County may immediately terminate this Agreement in writing without penalty or incurring further obligation to Consultant. This section shall not be interpreted to limit the definition of breach to the failure to meet Milestone Dates. ARTICLE 4 DURATION OF SERVICES 4.1 Scheduling of Services 4.1.1 The Consultant shall schedule and perform his activities in a timely manner so as to meet the Milestone Dates listed in Article 3. 4.1.2 Should the County determine that the Consultant is behind schedule, it may require the Consultant to expedite and accelerate his efforts, including providing additional resources and working overtime, as necessary, to perform his services in accordance with the approved project schedule at no additional cost to the County. 4.1.3 The Commencement Date for the Consultant's Basic Services shall be ARTICLE 5 COMPENSATION 5.1 Compensation for Basic Services 5.1.1 Compensation for Basic Services shall include all compensation due the Consultant from the County for all services satisfactorily (as determined by the County) performed pursuant to this Agreement except for any authorized Reimbursable Expenses which are defined herein. The maximum amount payable for Basic Services is Dollars ($ ). Payment for Basic Services shall become due and payable in direct proportion to satisfactory services performed and work accomplished. Payments will be made as percentages of the whole as Project milestones as set out in Section 3.1.2 are achieved. (For example, if there are 10 Project Tasks with Milestone Dates then Consultant may invoice for the first 10% of the whole upon County's acknowledgement of the satisfactory completion of Task one. Upon the County s acknowledgement that the second Task has been satisfactorily completed Consultant may invoice for the next 10%of the whole.) Revised 11/19 3 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA ARTICLE 6 RESPONSIBILITIES OF THE COUNTY 6.1 Cooperation and Coordination 6.1.1 The County has designated 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 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. 6.1.2 The County shall be solely responsible for determining whether Consultant as satisfactorily completed Tasks associated with Milestone Dates. Upon County's written determination to Consultant that a Task has been satisfactorily completed by its accompanying Milestone Date Consultant may submit an invoice for payment. It is agreed that County shall not unreasonably withhold its determination of satisfactory completion of any Task. In the event the amount of an invoice is disputed County may withhold payment until the dispute is resolved by the parties. County may also withhold payment on an invoice until the satisfactory completion of a Task by Consultant. ARTICLE 7 INSURANCE AND INDEMNITY 7.1 General Requirements 7.1.1 Consultant shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, Professional Liability 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 eg copp-qmc. og v/departments/purchasing_division/contracts.php). If Owner'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). Consultant shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 7.2 Indemnity 7.2.1 To the extent authorized by North Carolina law the Consultant agrees, without limitation, to 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 Consultant 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 Consultant to indemnify the County to the fullest extent permitted under North Carolina law. ARTICLE 8 AMENDMENTS TO THE AGREEMENT 8.1 Changes in Basic Services Revised 11/19 4 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA 8.1.1 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 Consultant. The Consultant shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. ARTICLE 9 TERMINATION 9.1 Termination for Convenience of the County 9.1.1 This Agreement may be terminated without cause by the County and for its convenience upon seven(7) days prior written notice to the Consultant. 9.2 Other Termination 9.2.1 The Consultant 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 Consultant shall give the County seven (7) days'prior written notice of its intent to terminate this Agreement for cause. 9.3 Compensation After Termination 9.3.1 In the event of termination, the Consultant 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 Consultant. 9.3.2 Should this Agreement be terminated, the Consultant 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. 9.4 Waiver 9.4.1 The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Consultant 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. 9.5 Suspension 9.5.1 County may suspend suspend the work at any time for County's convenience and without penalty to County upon three (3) days' notice to Consultant. Upon any suspension by County, Consultant shall discontinue the work and shall not resume the work until notified to proceed by County. ARTICLE 10 ADDITIONAL PROVISIONS 10.1 Relationship of Parties Revised 11/19 5 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA 10.1.1 Consultant is an independent contractor of the County. Neither Consultant nor any employee of the Consultant shall be deemed an officer, employee or agent of the County. Consultant's personnel shall not be employees of, or have any contractual relationship with the County. 10.2 Limitation and Assignine 10.2.1 The County and the Consultant each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Consultant shall assign or transfer its interest in this Agreement without the written consent of the other. 10.3 Governing Law 10.3.1 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. Consultant 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 the Orange County Living Wage Policy (both policies are incorporated herein by reference and may be viewed at http://www.orangecountyLic.gov/departments/Turchasing 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 the definition of breach to discrimination. By executing this Agreement Consultant affirms that Consultant and any subcontractors of Consultant are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Consultant's breach of this Agreement. By executing this Agreement Consultant affirms Consultant is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement, Consultant certifies that Consultant has not been identified, and has not utilized the services of any agent or subcontractor identified, on the Iran divestment list created by the State Treasurer pursuant to G.S. 147-86.58 or the Israel boycott list created pursuant to G.S. 147-86.81. 10.4 Dispute Resolution 10.4.1 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 and it is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. The Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 10.5 Extent of Agreement 10.5.1 This Agreement, together with the RFQ and attachments distributed by the County and the Consultant's submitted response to the RFQ, all of which constitute the Contract Documents, represents the entire and integrated agreement between the County and the Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. In the event of a conflict among the terms of the Contract Documents, the priority of Revised 11/19 6 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA documents shall be this Agreement, the County's RFQ, attachments to the County's RFQ, and the Consultant's response to the RFQ. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. 10.6 Severability 10.6.1 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. 10.7 Ownership of Deliverables 10.7.1 All Deliverables, together with all supporting materials, source documentation, data collected, field notes, and working drafts, developed in the performance of this Agreement shall become the property of the County and may be used on any other project without additional compensation to the Consultant. The use of the Deliverables 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. 10.8 Non-Appropriation 10.8.1 Consultant 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 Consultant 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 Consultant of such limitation or change in County's legal authority. 10.9 Notices and Simatures 10.9.1 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. 10.9.2 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 Consultant's Name &Address Attention: Revised 11/19 7 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA P.O. Box 8181 Hillsborough,NC 27278 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: By: By: Orange County Printed Name and Title Revised 11/19 8 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA ORANGE COUNTY-DEPARTMENT USE ONLY Party/Vendor Name: Party/Vendor Contact Person: Contact Phone: Party/Vendor Address: City State: Zip: Department: Amount: Purpose: Budget Code(s): Vendor# (N/A if new vendor) Vendor is a BOCC consultant? Yes ❑ No[-] Contract Type: (Check one)New❑ Renewal ❑ Amendment ❑ Effective Date Approved by Board Yes❑No ❑ Agenda Date: This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement: Department Director's Signature Date: Agreements for emergency services or repair are not subject to the above affirmation. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency condition that was addressed: Risk Management This agreement is approved for sufficiency of insurance standards,specifications,and requirements: Office of the Risk Management Officer Date: Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer Date: Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney Date: Clerk to the Board Received for record retention: All Docusign contracts must be copied to Sherri Ingersoll upon completion: singersoll@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board Date: Revised 11/19 9 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA STATE OF NORTH CAROLINA AFFIDAVIT ORANGE COUNTY ************************** I, (the individual attesting below), being duly authorized by and on behalf of (the entity bidding on project hereinafter"Employer") after first being duly sworn hereby swears or affirms as follows: 1. Employer understands that E-Verify is the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with NCGS §64-25(5). 2. Employer understands that Employers Must Use E-Verify. Each employer, after hiring an employee to work in the United States, shall verify the work authorization of the employee through E-Verify in accordance with NCGS§64-26(a). 3. Employer is a person, business entity, or other organization that transacts business in this State and that employs 25 or more employees in this State. (mark Yes or No) a. YES or b. NO 4. Employer's subcontractors comply with E-Verify, and if Employer is the winning bidder on this project Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer. This day of 201_. Signature of Affiant Print or Type Name: State of North Carolina, County D Signed and sworn to (or affirmed) before me,this the o h day of , 20_. v' z 0 My Commission Expires: v v' rD Notary Public °' DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA Section I: General Government and Administration Policy 10.0: Living Wage Contractor Policy Reviewed by: County Attorney/County Manager Approved by: County Manager Original Effective Date: July 1,2017 Revisions: Policy Statement It is the policy of Orange County to ensure its employees, and all individuals who provide services for Orange County, are paid a living wage. Purpose To encourage all vendors and contractors to pay a living wage to all employees who perform work pursuant to a contract with Orange County. Applicability Applies to all Orange County contracts and purchases. Policy 10.1 Living Wage 10.1.1 Orange County is committed to providing its employees with a living wage and encourages all contractors and vendors doing business with Orange County to pursue the same goal. Orange County's living wage is $14.95 per hour. To the extent possible,Orange County recommends that contractors and vendors seeking to do business with Orange County provide a living wage to their employees. 10.1.2 Prior to final execution of a contract with Orange County all contractors and vendors seeking to do business with Orange County shall submit to the County's representative a statement indicating whether those employees who will perform work on the Orange County contract are paid at least the living wage amount set out above. If such employees do not make at least the living wage amount set out above the contractor or vendor shall indicate in the statement the actual amount paid to such employees. For bid projects this statement should be submitted as part of the bid packet. This policy may be reviewed annually and updated as needed by the Manager's Office DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA it as ORANGE COUNTY NORTH CAROLINA IMPORTANT BID ADDENDUM 1 : ANSWERS TO QUESTIONS RFP# 5283: REQUEST FOR QUALIFICATIONS TO PROVIDE ON CALL PROFESSIONAL ENGINEERING SERVICES RELATED TO THE LAKE ORANGE DAM EMERGENCY ACTION PLAN (EAP) March 13, 2020 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA RFQ# 5283: QUESTIONS AND ANSWERS 1. Question: Will the selected vendor for this RFQ be disqualified from any additional RFQs related to Lake Orange? Response: The selected vendor for RFQ#5383 will not be disqualified from any additional RFQs related to Lake Orange. 2. Question: Will Orange County release a copy of the Lake Orange Dam EAP for review by vendors interested in this RFQ? Response: Orange County does not intend to release a full copy of the Lake Orange Dam EAP to vendors interested in RFQ #5383, as the full document contains sensitive information related to emergency response logistics and personal information of private residents (e.g. names, addresses, phone numbers, etc.). Orange County will, however, release a redacted version of the current Lake Orange EAP for review by vendors interested in RFQ#5383. The selected vendor will receive a full copy of the Lake Orange Dam EAP upon execution of contract. See attached redacted document. 3. Question: If sub consultants are provided as part of the team, do we need to list them and provide company bios/experience or can we provide a general statement that we anticipate on using sub consultants that will be determined at a later time? Response: Any/all proposed sub-consultants must be clearly identified within the Provider's submittal package. Please provide the name, office location, professional license number(if applicable) and general role(s) for all project team members inclusive of sub-consultants. Detailed company bios/experience are not required for proposed sub- consultants; however, if sub-consultants are proposed, they must be included in the project organizational chart as applicable. DocuSign Envelope ID:09867080CJ&I 1121JI13L J Lamt; range Dam EAP (redacted) ROY COOPER i�l/1'C'I'l If1Y iv MICHAEL S. REGAN " WILLIAM E. VINSON, Jr. Energy,Mineral h,re'rnn Urrcour and Land Resources ENVIFONMENTAL QUALITY August 1, 2018 Orange County Attn: Christopher Sandt,Operator P.O. Box 8181 Hillsborough,NC 27278 RE: Lake Orange Dam Orange County State ID: ORANG-005 Dear Mr. Sandt: A review has been made of the Emergency Action Plan (EAP) for the above-referenced dam.The revised EAP dated March 2015 with the latest version received by our office on July 26,201&This updated EAP is acceptable to the Dam Safety Program at this time. Please note that a copy of this EAP should be forwarded to Orange County Emergency Management,The EAP should be updated annually at the anniversary of approval date and copies distributed to each project stakeholder. Thank you for your cooperation in maintaining and operating this dam to provide for public safety.Please ensure that all parties involved are familiar with this EAP and that they are kept in a readily-accessible location for reference during a dam safety emergency. Contact this office at 919-707-9220 should you have any questions concerning this matter or if we may be of further assistance. Sincerely, Andrew Brooks, PE State Dam Safety Engineer AB/ERL cc: Tom Langan, PE,CFM, NC Emergency Management Tyler Longberry, PE, CFM,NC Emergency Management Bill Denton, PE,Land Quality Raleigh Regional Engineer File Name:ORANG-005 20180726_EAPApproval_LakeOrangeDam Stale of North Carolina I Environmental Quality I Energy,Mineral and Land Resources 1612 Mail Service Center j 512 N.Salisbury St. i Raleigh,NC 27699 919 707 9220 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA Lake Orange Dam Emergency Action Plan (EAP) State ID: ORANG-005 Orange County, North Carolina March, 2015 Revision No. 1 (July 2018) Owner and Operator Information: Orange County,Owner 200 S Cameron Street PO Box 8181 Hillsborough, NC 27278 Office Phone: 919-732-8181 Christopher Sandt,Operator 131 W Margaret Ln P.O. Box 8181 Hillsborough, NC 27278 Office Phone: 919-245-2583 Mobile Phone: 512-590-0359 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA EAP for Lake Orange Dam, ORANG-005 EVENT DETECTION STEP 1 EVENT LEVEL DETER-MINATION (TABLE 1-3) i STEP 2 IXT�LEVEL 3,GREED EVENT LEVEL 2, EVENT LEVEL L-RED NOTIFICATIONS . YELLOW h�DTif Il'A'i'1C]NS (FIGURE 2.1) NOTIPICATIONS Wli.TJRE 2,3) iFJCLTRE 2.3) . . . . . . . . . . . . . . . . • . . . . . . . ■ . . . . . . . . . . . . . . . . . . . . . EVENT LEVEL 3.GREEN EVENT LEVEL 2, , - YELLOW ACTIONS EVENT LIZVEL L,RED ACTIONS(TABLE 1,3} (TABLE 1.3) CTII)Itit�ITAIiLL 11_3) RE-YVr1[.11ATH '1 RE-EVALUATE RE-EVALUATE STEP 4 - TF-F.MLNATION AND VOLLOW-UP STEP A 2 Revision No: 1(July 2018) March, 2015 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA EAP for Lake Orange Dam, ORANG-005 This page has been left blank on purpose. 3 Revision No: 1(July 2018) March, 2015 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA EAP for Lake Orange Dam, ORANG-005 SUMMARY OF EAP PROCESS There are four steps that must be followed anytime an unusual or emergency event is detected at Lake Orange Dam. The steps are: Step 1 - Event Detection and Level Determination During the initial step, an unusual event or emergency event is detected at the dam and classified by Christopher Sandt into one of the following event levels: Event Level 1, RED: Urgent!! Emergency Event; Dam failure imminent or is in progress Event Level 2, YELLOW: Emergency Event; Potential dam failure situation; Rapidly developing Event Level 3, GREEN: Unusual Event; Slowly developing Step 2 - Notification and Communication After the event level has been determined, notifications are made in accordance with the appropriate notification flow chart provided in STEP 2 of this EAP. Step 3 - Expected Actions After the initial notifications are made, Christopher Sandt should refer to Table 3.1 and confer with Johnny Waycaster to develop and execute appropriate preventative actions. During this step of the EAP, there is a continuous process of taking actions, assessing the status of the situations, and keeping others informed through communication channels established during the initial notifications. The EAP may go through multiple event levels during Steps 2 and 3 as the situation either improves or worsens. Step 4 - Termination and Follow-up Once the event has ended or been resolved, termination and follow-up procedures should be followed as outlined in Section 4 of this EAP. EAP operations can only be terminated after completing operations under Event Level 3 or 1. If Event Level 2 is declared, the operations must be designated Event Level 3 or 1 before terminating the EAP operations. 4 Revision No: 1(July 2018) March, 2015 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA EAP for Lake Orange Dam, ORANG-005 Statement of Purpose The purpose of this plan is to prescribe procedures to be followed in the event of an emergency associated with the Lake Orange Dam which is caused by an unusually large flood or earthquake, a malfunction (hydraulic or structural)of the spillway, malicious human activity such as sabotage, vandalism or terrorism, or failure of the dam. This Emergency Action Plan (EAP) defines responsibilities and procedures to: • Identify unusual and unlikely conditions that may endanger the dam. • Initiate remedial actions to prevent a dam failure or minimize the downstream impacts of a dam failure. • Initiate emergency actions to warn downstream residents of impending or actual failure of the dam. 5 Revision No: 1(July 2018) March, 2015 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA EAP for Lake Orange Dam, ORANG-005 This page has been left blank on purpose. 6 Revision No: 1(July 2018) March, 2015 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA EAP for Lake Orange Dam, ORANG-005 STEP 1 : EVENT DETECTION AND LEVEL DETERMINATION 1.1 Event Detection Daily surveillance, observation and/or instrumentation readings at the site will be the normal methods of detecting potential emergency situations. Unusual or emergency events may be detected by: • Observations at or near the dam • Evaluation of instrumentation data • Earthquakes felt or reported in the vicinity of the dam • Forewarning of conditions that may cause an unusual event or emergency event at the dam (for example, a severe weather or flash flood forecast) 1.2 Emergency Level Definitions Level 1, RED Emergency Urgent!! Dam failure imminent or is in progress This is an extremely urgent situation when a dam failure is occurring or obviously is about to occur and cannot be prevented. When it is determined that there is no longer time available to implement corrective measures to prevent failure, an order for evacuation of residents in potential inundation areas shall be issued by Jeff Cabe (see Evacuation Map tab). Level 2, YELLOW Emergency Potential dam failure situation, rapidly developing This classification indicates that a situation is developing that could lead to dam failure, but there is not an immediate threat of dam failure. Orange County and Christopher Sandt should closely monitor the condition of the dam and periodically report the status of the situation. A reasonable amount of time is available for analysis before deciding on evacuation of residents. If the dam condition worsens and failure becomes imminent, Jeff Cabe must be notified immediately of the change in the emergency level to evacuate the people at risk downstream. If time permits, Johnny Waycaster and state dam safety officials should be contacted to evaluate the situation and recommend remedial actions to prevent failure of the dam. The dam operator should initiate remedial repairs and note local resources that may be available (see Appendix C). Time available to employ remedial actions may be hours or days. Level 3, GREEN Unusual Event Slowly Developing This classification indicates a situation is developing, but has not yet threatened the operation or structural integrity of the dam. The Owner's technical representative or engineer AND NC Dam Safety Office should be contacted to investigate the situation and recommend actions to take. The condition of the dam should be closely monitored, especially during storm events, to detect any development of a potential or imminent dam failure situation. See the following pages for guidance in determining the proper emergency level for various situations. 7 Revision No: 1(July 2018) March, 2015 DocuSign Envelope ID:098B7080-775F-4220-9432-FB15222455EA EAP for Lake Orange Dam, ORANG-005 Table 1.3 Emergency Level Determination & Action Data Sheet Index Event Condition Emergency Action Data Level Sheet Unexpected Dam unexpectedly and without warning begins to fail Failure Reservoir level is 1 foot below the top of the dam 2 B2 Embankment Overtopping Water from the reservoir is flowing over the top of the dam B1 New seepage areas in or near the dam 3 C3 Seepage New seepage areas with cloudy discharge or increasing flow rate 2 �C2 Seepage with discharge greater than 10 gallons per minute Observation of new sinkhole in reservoir area or on embankment 2 D2 Sinkholes Rapidly enlarging sinkhole Embankment New cracks in the embankment greater than 1/4-inch wide without 3 E3 Cracking seepage Embankment Visual movement/slippage of the embankment slope 2 F2 Movement Sudden or rapidly proceeding slides of the embankment slopes F1 Measurable earthquake felt or reported near the dam and dam 3 H3 Earthquake appears to be stable Earthquake resulting in visible damage to the dam or appurtenances H1 Reported bomb threat, unverified 3 13 Verified bomb threat that, if carried out, could result in damage to the 2 12 Security Threat dam or appurtenances with no impacts to the functioning of the dam Detonated bomb that has resulted in damage to the dam or appurtenances Damage to dam or appurtenance with no impacts on the functioning J3 of the dam Ir Sabotage/ Damage to dam or appurtenances that has resulted in seepage flow M2 J2 Vandalism Damage to dam or appurtenances that has resulted in uncontrolled J1 water release If an event is not covered, adapt an Action Data Sheet of a similar event and event level. If resources described in the Action Data Sheets are not available, adapt with the available resources. After Christopher Sandt has determined the event level: See STEP 2: GREEN, YELLOW& RED Notification flowcharts the STEP 3 Referenced Action Data Sheet See STEP 3: Expected Action Data Sheets for specific actions once Emergency Level determined 8 Revision No: 1(July 2018) March, 2015