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HomeMy WebLinkAbout2013-124 AMS - Legacy Research Associates for Public Market House Parking Lot and Riverwalk Park $9,000 .Z4 .2 in [Departmental Use Only] TITLE FY ORANGE COUNTY CONTRACT UNDER$10,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 22nd day of April, 2013, ("Effective Date") by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Legacy Research Associates (the "Provider"),party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement,time being of the essence: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Public Market House Parking Lot and Riverwalk Park: This area has a high probability for having intact archaeological materials that may have been buried underneath the fill soil that was brought to the property in 2007 prior to the construction of the Public Market House. The archaeological investigations for the proposed geothermal well drilling will include the following elements: (a)a background research relevant to the project areas,(b)archaeological subsurface investigations in project areas that have not previously been disturbed or are not covered with asphalt, (c) data analysis, and (d) reporting of the results of they survey investigations,all per attached proposal dated April 16,2013. The term of this agreement rendered shall be from April 29,2013 to June 30,2013. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed Nine Thousand Dollars, ($9,000.00). Payment shall be made within thirty (30) days of an invoice property submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non—waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same,nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent Provider, and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or Revised July 2010 workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: The Provider shall obtain, at its sole expense, all insurance needed to adequately insure itself during the performance of these services as required by the County's Risk Management Policy. 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. 7. Entire Agreement: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. 8. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County,North Carolina. 9. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate.In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE COUNT PROVIDER By: By: Co ty Manag Title: 200 S. Cameron St. 125 West Woodri ge Drive P.O. Box 8181 Hillsborough,NC 27278 Durham,NC 27707 This instrument has been approved as to technical content. Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. (Yavt-4-/ Office of the Finance Director Revised July 2010 2 This instrument has been approved as to form and legal sufficiency. Office oft ounty Attorney Revised July 2010 Scope of Work and Cost Estimate Archaeological Investigations for the Proposed Geothermal System Phase II at the Public Market House and Riverwalk Park Area in Hillsborough, Orange County, North Carolina a \4 4-43�3 Prepared For Abvfc p y Orange County Planning & Inspections Department 131 West Margaret Lane Y'W Hillsborough, NC 27278 Prepared By Legacy Research Associates 125 West Woodridge Drive Durham, NC 27707 April 16, 2013 I. INTRODUCTION This scope of work and cost estimate has been prepared by Legacy Research Associates (Legacy) of Durham, North Carolina, for the Orange County Planning and Inspections Department in Hillsborough, North Carolina. The proposed work is for archaeological investigations associated with the planned geothermal project(Phase II) located in the Hillsborough Historic District. The work will focus on the Public Market House and Riverwalk Park where three geothermal well fields are planned. The Orange County Department of Environment,Agriculture, Parks and Recreation (DEAPR)will serve in an advisory role for the project. The proposed archaeological survey work will be conducted in compliance with the Orange County Cultural and Archaeological (C&A) Resources Policy(October 3, 2006). The purpose of the policy is to clarify the county's intention to identify and evaluate cultural and archaeological resources on sites that are planned for construction. The objective of the proposed C&A investigation will be to document the presence and/or absence of archaeological resources in project areas that may be affected by the proposed geothermal well field and pipe routing construction. This proposal presents our understanding of the project and the methods we will use in performing the investigations. The fieldwork and technical report of investigations will meet the qualifications specified in the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation (Federal Register 48) and will comply with guidelines for archaeological research that have been established by the North Carolina State Historic Preservation Office. All cultural materials collected and curated, along with all records of this contract, shall be cared for in accordance with the requirements set forth in 36 CFR Part 79. The Principal Investigator will meet or exceed the qualifications described in the Secretary of the Interior's Professional Qualifications Standards (48 FR 44738-9). All information submitted in the technical report will be factual and complete. 2. DESCRIPTION OF WORK Public Market House Parking Lot and Riverwalk Park. This area is located near Stillhouse Creek and has a high probability for having intact archaeological materials that may have been buried underneath the fill soil that was brought to the property in 2007 prior to the construction of the Public Market House. The parking areas adjacent to the public market house and the park area(figure 3) are planned as geothermal well fields (figure 4). The archaeological investigations for the proposed geothermal well drilling project will include the following elements: a) background research relevant to the project areas, b) archaeological subsurface investigations in project areas that have not previously disturbed or are not covered with asphalt, c) data analysis, and d) reporting of the results of the survey investigations. 2 Figure 1. Photo of Public Market House construction in 2007,view north to Margaret Lane,showing the fill soil and gravel paving material that was brought to the site and compacted for the parking areas. F� 1 e � ` s Figure 2. Photo of Riverwalk Park,view southeast towards Stillhouse Creek. 3 i c� I Sr O O O q O Q F31 n Figure 3. Excerpt of Geothermal Well System Phase 2 schematic showing the Public Market House and Riverwalk Park areas. A. BACKGROUND RESEARCH The background research will include relevant land-use data from the Orange County Register of Deeds and an examination of historic maps of Hillsborough. Background research may also include contacting historical researchers who have special knowledge of the area. The purpose of the background research is to compile sufficient and appropriate information to understand the context of any cultural resources identified during the project. B. FIELD INVESTIGATIONS Fieldwork will consist of exploratory excavation units in the vicinity of the proposed well fields planned for the Public Market House and Riverwalk Park areas. The number of exploratory tests will be determined in the field and will be based on the results of subsurface testing. The excavations will be sufficient to determine whether intact deposits of cultural material that meet the definition of an archaeological site are present in the Public Market House and Riverwalk Park areas. Archaeological sites are defined as locations that provide physical evidence of a sufficient quantity and association to suggest that information about past human behavior is present. Given the uncertainty as to 1)the depth of fill material that was brought to the area in 2007 during the construction of the Public Market House and 2)the degree of compaction that was used to stabilize the Public Market House parking areas, it is estimated that the field investigations will take 4 days. If the field investigations reveal that hand-excavation is not feasible, then Orange County will be notified as soon as possible in order to determine an alternate approach and modification to the scope of work. 4 , C. DATA ANALYSIS All recovered artifacts recovered during the investigation will be cleaned and conserved in a manner appropriate to assure their stability. All diagnostic artifacts will be fully provenienced and labeled. The cultural and temporal af0||azion, material ofmanufacture, style, funocion, and form of recovered artifacts will beidentified. D. REPORTING OFRESULTS Within one week of the completion of fieldwork, a C&A Management Summary will be prepared and submitted to Orange County for review. This summary will briefly describe the archaeological survey investigations and the results of the fieldwork. k will include a brief description of any archaeological sites found during the field investigation and will provide a preliminary assessment as to the significance of each site and it's eligibility for the National Register ofHistoric Places (MKUP). • |f any sites found during the investigation are recommended as being ineligible for the NKMP, then the C&A Management Summary will identify them as requiring no further archaeological investigation. • |f any sites found during the investigation are recommended as being either eligible or potentially eligible for the NRHP and will be adversely affected by the geothermal well project,then the C&A Management Summary will provide a recommendation that the adverse effects be midgated, vvh|cb might include site avoidance o,further investigations to recover significant archaeological materials before the site is destroy or damaged by construction. Within 6 weeks after completing the survey fieldwork, a draft report of investigations will be provided, The draft report will detail the results of the background research, fieldwork, and laboratory analysis. The draft report will be illustrated with photographs and drawings, as heeded, and will conform to the reporting standards outlined in the"Guidelines for Preparation of Archaeological Survey Kepuns.^ prepared by OSA. This report will provide information on the number and type of sites, if any, found during the field investigation. This report will also include a determination of eligibility for the NRHP and recommendations for mitigation of adverse effects, |fneeded. |n addition no the draft report, an archaeological site form will be completed for any sites identified during the investigation. A Final Report will be produced after review comments are received. 3� COST It is estimated that the cost of the archaeological survey work(background research, 4 days of fieldwork, artifact analysis, C&A Management Summary, Draft and Final Reports, Archaeological Site Forms, and artifact curazion)for the Public Market House and Rivenxa|k Park area described above will not exceed $9,000. 4. PROJECT ASSUMPTIONS No survey work will be conducted in areas covered by asphalt or areas that have been previously disturbed by construction. � 5. NOTICE TO PROCEED Legacy will not begin work on any phase of the project until a NTP is given by Orange County. 6. BUSINESS INTERESTS Legacy will provide proof of insurance purchase from a company authorized to write casualty insurance in the State of North Carolina. This insurance will be maintained in full force and effect until the contract has been fully and completely performed. Insurance certificates will provide for a 30-day written notice to Orange County detailing any changes, cancellation, or expirations. Orange County will be named as an additional insured. 1. Worker's Compensation Insurance is provided in statutory amounts. 2. Comprehensive General Liability Insurance is carried in the amount of$1,000,000 per occurrence, $2,000,000 in the aggregate. 3. Automobile Liability Insurance in the amount of$500,000 is provided. 4. Employer's Liability Insurance is carried in the amount of$1,000,000. 7. FISCAL RESPONSIBILITY Legacy will keep a complete and factual record of all expenditures concerning this project for a period of two years. This will be made available to Orange County upon request. 8. CURATORIAL RESPONSIBILITIES Legacy will temporarily curate all artifacts and records resulting from the project pending final curation and will prepare all materials for curation following OSA guidelines. The materials will be provided to the OSA Research Center in Raleigh, North Carolina, for curation within 90 days of acceptance of the final report. 6 C R°® CERTIFICATE OF LIABILITY INSURANCE OP ID CH DATE(MAN8/11/13 .03/183 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(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: PHONE FAX First Insurance Services, Inc. A/C,No Ext: A/C,No): P. O. Box 13687 ADDRESS: RTP NC 27709 PRODOUMCkIl ID#: LEGAC-1 Phone:919-941-0549 Fax:919-941-0135 INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Hartford Casualty insurance Co 29424 Le,qacy Research Associates INSURERB: Deborah Joy BOX 51007 INSURERC: ' Durham NC 27717 INSURER D INSURER E:. INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MWDD/YYYY) LIMITS GENERAL LIABILITY - EACH OCCURRENCE $2 0 0 0 0 0 0 A COMMERCIAL GENERAL LIABILITY 22SBALO5758 03/16/13 03/16/14 PREMISE-S""'Dec urrence s300000 CLAIMS-MADE ®OCCUR MED EXP(Any one person) $10000 X Business Owners g PERSONAL&ADV INJUR Y $2000000 GENERAL AGGREGATE $4 0 0 0 O O O GEN'L AGGREGATE LIMIT APPLIES PER: - PRODUCTS-COMP/OP AGG $4000000 POLICYF—j PR0- ECT LOC $ J AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $xXXX ALLOWNEDAUTOS BODILY INJURY(Per accident) $xXXx SCHEDULED AUTOS PROPERTY DAMAGE $xxxx HIRED AUTOS (Per accident) NON-OWNEDAUTOS $ A UMBRELLA LIAB X OCCUR 22SBAL05758 03/16/13 03/16/14 EACH OCCURRENCE $1000000 EXCESS LIAR CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATIQN 22WBCCM2318 03/14/13 03/14/13 X TORYLIMITS AND EMPLOYERS'LIABILITY YfN ANY PROPRIETO..R/PAR'fNERIEXECUTIVf /A E.L.EACH ACCIDENT $5000-00 OFFICERIMEMBER EXCLUDED? (�f (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500000 i If yes,describe under, DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $5 00000 DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) Certificate Holder is listed as additional insured if required by a written/executed contract or agreement prior to a loss. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CODNTY3 THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN County of Orange ACCORDANCE WITH THE POLICY PROVISIONS. Financial Services Services AUTHORIZED REPRESENTATIVE Box 8181" Hillsborough NC 27278 Robert M. Good , ©1988-2009 ACORD CORPORA ION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD