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HomeMy WebLinkAbout2014-367 Planning - Legacy Research Associates for Cultural and Archaeological Field Observation of Buckhorn Mebane Phase 2 Utility Corridor $5,580 aD/q 3�_, -7 T1ann i n [Departmental Use Only] TITLE BM2 C&A Observation FY 2015 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this tenth day of July, 2014, ("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: Observation of the installation of water line through a previously identified sensitive area as described in attached"Scope of Work" dated July 2, 2014 The term of this agreement rendered shall be from July 10,2014 to August 31,2014. 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 Five thousand, five hundred eighty dollars, ($5,580.00). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non—waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same,nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver CIause. 3. Independent Contractor: The Provider shall operate as an independent contractor and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are described in the Orange County Revised 7/14 1 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://oran eg co untync.gov/purchasiiig/coiitracts.asp). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 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 and Signatures: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Priori : In determining the basic services to be provided, should any documents be referenced in this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. 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. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all anti-discrimination laws. Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a contract with a contractor unless the contractor and the contractor's subcontractors comply with the requirements of 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 Provider's breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 10. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. [SIGNATURE PAGE TO FOLLOW] Revised 7/14 2 IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE COUNTY PROVIDER By: ., By: County Manager 200 S. Cameron St. P.O.Box 8181 Hillsborough,NC 27278 Revised 7/14 3 Vl LEGAC-1 OP ID:CH CERTIFICATE OF LIABILITY INSURANCE 07121/2014 THIS a7rzu2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT First Insurance Services,Inc. NAME: . P.O.Box 13687 AHONNo Ext__ AIC No: RTP,NC 27709 E-MAIL Robert M.Good ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# _ INSURERA:Hartford Casualty Insurance Co 29424 INSURED Legacy Research Associates Inc INSURER B: Box 51007 Durham, NC 27717 INSURERC: 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.EFF &DDLSUBR%..NERAL TYPE OF INSURANCE T POLICY NUMBER MM/DDYIYYYY MMIDD LIMITS LIABILITY EACH OCCURRENCE $ 2,000,00 OMMERCIAL GENERAL LIABILITY X 22SBAL05768 03/16/2014 03/16/2015 PREMISES(Ea occurrence $ 300,00 CLAIMS-MADE [�OCCUR MED EXP(Any one person) $ 10,000 usiness Owners PERSONAL&ADV INJURY $ 2,000,00 GENERAL AGGREGATE $ 4,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 4,000,00 POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,00 Ea accident) $ A ANY AUTO 22SBAL05758 0311612014 0712112014 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PER AG DDNMAGE $ AUTOS -_. UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DIED RETENTION$ $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY RY A ANY PROPRIETOR/PARTNER/EXECUTIVEY!❑N N/A 22WBCCM2318 03/14/2014 03114/2015 E.L.EACH ACCIDENT $ 500,00 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE1$ 500,00 if yes,describe under 500,00 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT T$ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Orange County Planning Department is listed as additional insured if required by a written/executed contract or agreement prior to a loss. CERTIFICATE HOLDER CANCELLATION ORANGE2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Orange County Planning ACCORDANCE WITHDTHE POLICY PROVISIONSE WILL BE DELIVERED IN Department Kevin Lindley PE 131 W Margaret Land S#201 AUTHORIZED REPRESENTATIVE Hillsborough,NC 27278Q � C O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26(2010105) The ACORD name and logo are registered marks of ACORD ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Administration(919) 245-2576 245-2575 131 W. Margaret Ln. (919) 644-3002 (FAX) 'x S2 P. O. Box 8181 www.co.orange.nc.us ,rfi �a, Hillsborough, NC 27278 h cats, 0 MEMORANDUM To: Bonnie B. Hammersley, County Manager Through: Craig Benedict, Planning Director From: Kevin Lindley, PE, Staff Engineer Date: July 10,2014 RE: Buckhorn Mebane Phase 2 Utility Project Archaeological Field Observation A cultural and archaeological survey was completed for this project in 2013,per County policy. At that time,there were several areas which warranted further investigation. Of these,two areas of potential significance along the route were identified. One of these was avoidable and the sewer line was re-routed so it would not impact the area. However,there was one area that could not be avoided. Since the site could not be avoided,the consulting company, Legacy Research,proposed a set of recommended conditions under which the contractor could operate while laying sewer line through this area. By following these guidelines, Legacy believed the impact of the construction could be minimized to the greatest extent possible. One of these recommendations was to have representatives from Legacy observe the excavation through the area. This attached contract is for the work of observing the excavation and further investigating any artifacts that may be recovered during the excavation. The cost of this work is presented as a"not to exceed"contract and will be billed based on actual field and lab time,up to the amount shown in the attached proposal. The cost as presented is within the project budget. Funds currently allocated to construction materials testing will not be needed to complete the project and will be diverted to cover the cost of this contract. Please call or email with any questions.