Loading...
HomeMy WebLinkAbout2022-503-E-Planning-Schnabel Engineering South-Contract amendment 2 Lake Orange gate and spillway channel repairsRevised 06/21 NORTH CAROLINA CONTRACT AMENDMENT #2 ORANGE COUNTY THIS CONTRACT AMENDMENT (“Amendment”) is made and entered into this 30th day of September, 2022 by and between ORANGE COUNTY (hereinafter referred to as “County”) and Schnabel Engineering South, P.C. (hereinafter referred to as “Provider”). WITNESSETH: THAT WHEREAS, the County and Provider entered into a contract dated August 30, 2020, (hereinafter the “Original Agreement”), for the provision of services for Lake Orange Gate and Spillway Channel Repairs, with an internal designation of 2020-561; and WHEREAS, the County and Provider entered into a contract amendment dated February 8, 2022 (internally designated as 2022-114 and otherwise titled as Contract Amendment #1), for the provision of additional design services to the County (hereinafter referred to as “Amendment #1); and WHEREAS, the County and Provider desire to amend the Original Agreement while keeping in effect all terms and conditions of the Original Agreement not inconsistent with the terms and conditions set forth below. NOW THEREFORE, for and in consideration of the mutual covenants and agreements made herein, the parties agree to amend the Original Agreement as follows: 1. The Scope of Work and Basic Services shall be revised expanded to include all services described in Attachment B – Additional Services (Task Updates). 2. The Term of the Original Agreement in Section 4.a. of the Original Agreement shall be revised to be from July 31, 2022 to July 31, 2023. 3. There is no change in compensation associated with this Amendment. Article 5 of the Original Agreement shall remain as a maximum payable not-to-exceed amount of FIFTY THOUSAND ONE HUNDRED DOLLARS ($50,100.00). 4. Notwithstanding the payment terms in Section 5.a for the Basic Services of the Original Agreement, the additional sum associated with the completion of Task 7 (Additional Auxiliary Spillway Investigations) may become due and payable as single lump sum payment in direct proportion to satisfactory services performed and work accomplished for 100% completion of Task 7. These additional services shall have a Milestone Date of October 31, 2022 for 100% completion of Task 7. 5. Except for the changes made herein, the Original Agreement shall remain in full force and effect to the extent it is not inconsistent with this Amendment. In the event there is a conflict between the terms of the Original Agreement and the terms of this Amendment, this Amendment shall control. IN TESTIMONY WHEREOF, this Amendment has been executed by the parties hereto, as of the date first above written. ORANGE COUNTY PROVIDER ______________________________ __________________________________ Bonnie Hammersley Gerald C. Robblee, P.E. (Principal) County Manager Schnabel Engineering South, P.C. DocuSign Envelope ID: 94DC2E6B-A091-44C2-A636-AEC6DE85AB37 Revised 06/21 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: Schnabel Engineering South, P.C. Party/Vendor Contact Person: Gerald C. Robblee, P.E. Contact Phone: 336- 274-9456 Party/Vendor Address: 11A Oak Branch Drive City Greensboro State: NC Zip: 27407 Department: Planning Amount: $0 Purpose: Contract Amendment #2 – Lake Orange Gate and Spillway Channel Repairs – Task Revisions Budget Code(s): 61370035-870000-10074 (Lake Orange Dam Rehabilitation CIP – PROFESSIONAL SERVICES) Vendor # 61518 (Schnabel) (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date September 30, 2022 Approved by Board Yes No Agenda Date: --- For Section XIV. c. contracts only, Approved by Board in Current FY Budget Yes No 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: Information Technologies (Applicable only to hardware/software purchases or related services) This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ 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 the Clerk upon completion: occlerkdocs@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:_________ DocuSign Envelope ID: 94DC2E6B-A091-44C2-A636-AEC6DE85AB37 9/26/2022 9/26/2022 9/28/2022 9/28/2022 September 21, 2022 Christopher J. Sandt, PE Staff Engineer Orange County Planning and Inspections Department 131 W. Margaret Lane (P.O. Box 8181) Hillsborough, NC 27278 Subject: Revised Proposal for Additional Services for the Lake Orange Dam Auxiliary Spillway Concrete Repairs, Orange County, North Carolina (Schnabel Reference 20P21019.02) Dear Mr. Sandt: SCHNABEL ENGINEERING SOUTH, P.C. is pleased to submit this proposal for modification to our dam engineering services for the Lake Orange Dam. We prepared this proposal in response to your emailed request on April 14, 2022 and revised it based on phone conversations on September 21, 2022. Our proposed scope of service modifications, anticipated schedule, and basis of compensation are described below. PROJECT DESCRIPTION AND BACKGROUND Lake Orange Dam (ORANG-005) is located in Cedar Grove, North Carolina and impounds the East Fork of the Eno River. The dam and reservoir are owned and maintained by Orange County and they are used primarily for public water supply and water management within the East Fork of Eno River, secondary uses include private recreation. According to the North Carolina Department of Environmental Quality (NCDEQ) Dam Safety inventory, the dam was constructed in 1969. The dam is an approximately 30-foot high, 1,100-foot-long earthen embankment that impounds an approximately 140-acre lake at normal pool and has a maximum storage capacity of approximately 1,640 acre-feet. The dam is regulated by NCDEQ Dam Safety as a medium-size, high hazard structure. Flows from the reservoir are controlled with an intake tower structure with four sluice gates at various elevations, a fifth sluice gate is used to regulate flow from the intake tower into the outlet conduit. The auxiliary spillway is a concrete side-channel style trapezoidal chute spillway, located on the left abutment. The control section of the auxiliary spillway is regulated by removable flashboards. Schnabel entered into an agreement with Orange County on August 25, 2020 to inspect the concrete auxiliary spillway and coordinate with a commercial diver (In-Water Services, Inc. (In-Water)) contracted by Orange County to inspect the concrete intake tower. The auxiliary spillway and intake tower were inspected, and the findings were documented in our Intake Tower and Auxiliary Spillway Inspection Report (Inspection Report) dated January 22, 2021. The Inspection Report included the following statement: Attachment B - Additional Services (Task Updates)DocuSign Envelope ID: 94DC2E6B-A091-44C2-A636-AEC6DE85AB37 Orange County Lake Orange Auxiliary Spillway Additional Services Project 20P2101 9.02 / September 21, 2022 Page 2 Schnabel Engineering South, P.C. “It is our understanding a replacement of the auxiliary spillway is planned for the future, estimated at approximately 5-years out. The sequence of the above-mentioned recommendations should consider the County’s long-term plans for both the auxiliary spillway and principal spillway intake tower structures. Schnabel currently has a contract to design concrete repairs for the auxiliary spillway and the replacement of sluice gates on the intake tower structure. However, Schnabel recommends that the County prioritize the structural evaluation and potential repairs to the intake tower and gates with their available funds because being able to drain the reservoir during a dam safety emergency are important regulatory and public safety considerations.” The poor condition of the intake tower observed during our 2020 inspection led to questions on the suitability of the intake tower to accommodate new sluice gates. To gather more information on the current condition of the intake tower Schnabel coordinated an underwater inspection of the intake tower performed under contract to the Owner by In-Water and utilized ground penetrating radar (GPR) above water to locate reinforcing steel within the concrete intake tower walls. The findings from the additional intake tower inspection were summarized in our revised “Additional Field Investigations Letter Report" dated April 5, 2020. This report included the following statement: “Given the observed deteriorated condition of the intake tower, significant repairs or replacement of the intake tower is recommended. However, given the extent of the repairs necessary, and the condition of the existing concrete, it is anticipated that full replacement of the intake tower would be a better long-term solution.” Based on our conversations, we understand Orange County has decided to replace the intake tower rather than perform repairs. We assume that the intake replacement work may impact the timeline associated with replacement of the auxiliary spillway, and thus the current auxiliary spillway may be in- use for a longer duration than previously assumed. The s cope of the auxiliary spillway concrete repairs should be tailored based on the anticipated timeline of the auxiliary spillway replacement. The recommendations for the auxiliary spillway from our January 2021 report were: • Evaluate the materials behind the North Wall immediately downstream of the weir. This may include soil boring(s), or concrete coring, to identify the material behind the wall and top of rock. • Address suspected voids, cracked and spalled concrete, and open joints to prevent further deterioration of the concrete and extend the lifespan of the structure. This proposal includes additional inspections to better understand the observed voids and other deficiencies and to aid in development of auxiliary spillway repair details. DocuSign Envelope ID: 94DC2E6B-A091-44C2-A636-AEC6DE85AB37 Orange County Lake Orange Auxiliary Spillway Additional Services Project 20P2101 9.02 / September 21, 2022 Page 3 Schnabel Engineering South, P.C. SCOPE OF SERVICES General Our original scope of services was organized into five tasks that are described in our original agreement dated August 20, 2020: 1. Field Investigations 2. 2A-Eval. Of Gate Repl. Alt. (memo) 3. 2B-Draft Dwgs, Specs, Design Rpt. 4. 2C-Final Dwgs, Specs, Design Rpt. 5. 2D-NCDEQ Approval/Permit Task 1 (Field Investigations) and Task 6 (Additional Services) of our existing agreement have been completed. A sixth task (Additional Services) was previously added for the additional intake tower inspection and GPR survey. We propose removing Task 2 (2A-Eval. Of Gate Repl. Alt. (memo)); revising the scope of Task 3 (2B-Draft Dwgs, Specs, Design Rpt.) and Task 4 (2C-Final Dwgs, Specs, Design Rpt.); and adding Task 7 (Additional Auxiliary Spillway Investigations) as described below to better align with current project conditions. The scope of work for Task 5 (2D-NCDEQ Approval/Permit) will be unchanged. The scope of services described below will be performed under the responsible charge of a Professional Engineer licensed in the state of North Carolina. Revisions to Task 3 (2B-Draft Dwgs, Specs, Design Rpt.) and Task 4 (2C-Final Dwgs, Specs, Design Rpt.) Our original scope for Tasks 3 and 4 included evaluation and development of typical concrete repairs for the intake tower and design of replacement gates and/or gate valves, operators, and appurtenances along with typical concrete repair details for the auxiliary spillway. We propose revising the scope of Tasks 3 and 4 to remove the intake tower repair and gate replacement tasks from the scope of work and focus on auxiliary spillway repairs. The revised scope of work includes the following: • Develop repair details designed to fill the voids within or beneath the auxiliary spillway slab and within or behind the auxiliary spillway sidewalls. We expect the repairs will consist of removal of concrete in areas with voids then placement of filter material and patching areas with new concrete repair materials. • Prepare typical concrete repair details for the concrete auxiliary spillway. The type of concrete repair details to be included are spalls, delamination, cracks, and joint repair. In accordance with our previous scope of work, we will submit a draft of the repair drawings, technical specifications, and design report to Orange County for their review. We will then complete the design, including addressing comments received from Orange County and submit the final submittal of repair drawings, technical specification, and design report to Orange County and NCDEQ Dam Safety. DocuSign Envelope ID: 94DC2E6B-A091-44C2-A636-AEC6DE85AB37 Orange County Lake Orange Auxiliary Spillway Additional Services Project 20P2101 9.02 / September 21, 2022 Page 4 Schnabel Engineering South, P.C. Task 7 – Additional Auxiliary Spillway Investigations Based on the direction of Christopher Sandt, PE, we completed an additional investigation of the auxiliary spillway on July 6, 2022 and July 8, 2022 to obtain more information on the voids beneath the spillway slab and behind the spillway side walls. This investigation included the following: • Schnabel subcontracted with a local material testing and concrete coring company (ECS Carolinas, LLP) to core as many 3-inch-diameter cores through the auxiliary spillway sidewalls and slab as can be performed in one day. A representative from Schnabel was on-site to observe the concrete coring and select coring locations. Eight cores were performed, five through the sidewalls and three through the slab. The core hole locations are shown in Attachment 1. The concrete cores were backfilled with a sack mix concrete grout upon completion. • Schnabel performed a hand auger boring behind the right auxiliary spillway sidewall, north of the auxiliary spillway and downstream of the weir to evaluate the depth of soil materials behind the wall and obtain samples for laboratory testing for classification. The hand auger boring location is shown on Attachment 1. The hand auger boring was advanced to refusal. EXCLUSIONS Services not specifically identified above are not included in the scope of services under this agreement. The following services are not included in our proposed scope, but we can be provide a proposal for these services upon request: • Hydrologic and hydraulic analyses of the dam; • Structural or stability analyses of the intake tower or auxiliary spillway; • Preparation of breach inundation mapping and an Emergency Action Plan (EAP); • Preparation of an Operation and Maintenance (O&M) Manual; • Environmental studies or permitting; • Surveys; and • Attendance at meetings. SCHEDULE The field work detailed herein was performed on July 6, 2022 and July 8, 2022. The draft repair design submittal is currently in progress. The final repair design submittal will be submitted up to 3 weeks after comments are received on the draft submittal. FEES There is no change in fees based on the proposed modifications discussed herein. We understand the remaining $31,280 of our modified contract value of $50,100 lump sum fee will be paid in equal distributions upon completion of the Tasks 3, 4, 5, and 7. The fees for work requested beyond the scope of services included herein will be based on our current unit prices at the time the work is authorized or a negotiated lump sum. Services will be billed for the lump sum fee upon completion of scope of services detailed herein and delivery of the deliverable. DocuSign Envelope ID: 94DC2E6B-A091-44C2-A636-AEC6DE85AB37 Orange County Lake Orange Auxiliary Spillway Additional Services Project 20P2101 9.02 / September 21, 2022 Page 5 Schnabel Engineering South, P.C. AGREEMENT It is our understanding that this work will be added to our current contract by a change order to our current agreement, of which this proposal may be used as a reference. We appreciate the opportunity to submit our proposal for these services and are looking forward to working with you on this project. Please contact us if you have any questions regarding this proposal. Sincerely, SCHNABEL ENGINEERING SOUTH, P.C. Gerald Robblee, PE Principal BFS:SKK:GCR Attachments: (1) Location of Proposed Core holes and Hand Auger Borings (1 Sheet) H:\2020 PROPOSALS\20P21019.02_ORANGE_COUNTY_LAKE_ORANGE_ADDITIONAL_SPILLWAY_INVESTIGATION\REVISED PROPOSAL\22P21019.02 - LAKE ORANGE - ADDITIONAL SPILLWAY INVESTIGATION.DOCX DocuSign Envelope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ocuSign Envelope ID: 94DC2E6B-A091-44C2-A636-AEC6DE85AB37 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 6/29/2022 Scott Insurance -Richmond 3900 Westerre Parkway,Suite 200 Richmond VA 23233 Cherice Tracy 804-545-2234 434-455-8524 ctracy@scottins.com Valley Forge Insurance Company (A)20508 SCHNA-1 Continental Insurance Company (A)35289SchnabelEngineering,LLC Schnabel Engineering South,PC 11-A Oak Branch Dr Greensboro NC 27407 National Fire Insurance Company of Hartford (A)20478 Continental Casualty Company (A)20443 1027858538 A X 1,000,000 X 100,000 15,000 1,000,000 2,000,000 X X 6018601512 7/1/2022 7/1/2023 2,000,000 A 1,000,000 X X X 6018601526 7/1/2022 7/1/2023 B X X 10,000,00060186015577/1/2022 7/1/2023 10,000,000 X 10,000 C X N 6018601543 7/1/2022 7/1/2023 1,000,000 1,000,000 1,000,000 D Professional Liability $200,000 Retention AEH591906042 1/1/2022 1/1/2023 Per Claim Aggregate 1,000,000 1,000,000 Umbrella Policy applies over General Liability,Auto Liability and Employers Liability.General Liability does not exclude xcu coverages. Workers Compensation applies in VA,GA,NC,MD,SC,PA,MD,NJ,NV,TX,NY,TN,KY,WV,CO,ID and DC;and all other states except ND,OH,WA and WY.Workers Compensation Policy includes USL&H coverage.Coverages provided by Owner or Contractor Controlled Programs are excluded from policies referenced herein. IF REQUIRED BY WRITTEN CONTRACT,the following provisions apply to General Liability,Auto Liability,Workers Compensation and Umbrella Liability: Additional Insureds on a primary,noncontributory basis for General Liability,for ongoing &completed operations for work performed by the Named Insured;& for Auto Liability &Umbrella Liability.Waiver of Subrogation in favor of Additional Insureds for General Liability,Auto Liability,Workers Compensation,Umbrella See Attached... Orange County P O Box 8181 Hillsborough NC 27278 DocuSign Envelope ID: 94DC2E6B-A091-44C2-A636-AEC6DE85AB37 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: SCHNA-1 1 1 Scott Insurance -Richmond Schnabel Engineering,LLC Schnabel Engineering South,PC 11-A Oak Branch Dr Greensboro NC 27407 25 CERTIFICATE OF LIABILITY INSURANCE Liability and Professional Liability. Orange County is listed as additional insured with respects to General and Umbrella Liability.Workers Compensation waiver of subrogation in favor of Orange County. DocuSign Envelope ID: 94DC2E6B-A091-44C2-A636-AEC6DE85AB37