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HomeMy WebLinkAbout2014-549-E Planning - Archaeological Consultants of the Carolinas, Inc. for C & A Investigation $2,950 DocuSign Envelope ID: E9F0E190-97B6-4AA8-917B-77968CD5C8FC [Departmental Use Only] TITLE EflandSewer-MebaneC&A FY2014-15 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT , made and entered into this 5th day of November, 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 Archaeological Consultants of the Carolinas, Inc. (the "Provider"), party of the second part; W I T N E S S E T H: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement, time being of the essence: The services and/or materials (hereinafter referred to collectively as “Services”) to be furnished under this Agreement are as follows: As described in attached proposal for Cultural Resources Investigation for the Buckhorn-Mebane EDD Phase 2 Sewer Extension, Efland to Mebane, dated 10/13/14. The term of this agreement rendered shall be from 11/05/14 to 12/31/14. 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: TheCounty 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 two thousand, nine hundred and fifty dollars and zero cents, ($2,950.00). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non–waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent contractor and the County shall not be responsible for any of the Provider’s acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any additional insurance as may be required by Owner’s Risk Manager as such insurance requirements are described in the Orange County Revised 10/14 1 DocuSign Envelope ID: E9F0E190-97B6-4AA8-917B-77968CD5C8FC Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://orangecountync.gov/purchasing/contracts.asp). If Owner’s Risk Manager determines additional insurance coverage is required such additional insurance shall consist of N/A (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the 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. Priority: In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. 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. 10. Dispute Resolution: 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. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 11. 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 10/14 2 DocuSign Envelope ID: E9F0E190-97B6-4AA8-917B-77968CD5C8FC IN WITNESS WHEREOF, 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. DawnReid, President P.O. Box 8181 Archaeological Consultants of the Carolinas, Inc. Hillsborough, NC 27278 121 E. First Street, Clayton, NC 27520 Revised 10/14 3 DocuSign Envelope ID: E9F0E190-97B6-4AA8-917B-77968CD5C8FC October 13, 2014 Mr. David Cannell Orange County Financial Services 131 W. Margaret Lane Hillsborough, NC 27278 RE: Buckhorn-Mebane EDD Dear David: Thank you for the opportunity to provide you with a cost proposal for the cultural resources investigation of the Buckhorn-Mebane sewer line extension extending from Efland to Mebane in Orange County, North Carolina. For this investigation, the proposed level of effort will be divided into four primary tasks: , , and . Brief Archival Research, Archaeological Field SurveyLaboratory AnalysesReport Preparation descriptions of each task are provided below. will include a review of records on file at the Office of State Archaeology (OSA) Archival Research in Raleigh. This research will allow us to identify previously recorded archaeological resources along the project corridor. The Department of Historic Resources, Survey and Planning Division’s online database for recorded architectural resources will be examined to identify any such resources along the proposed sewer line route. Historic maps and the published county soil survey will also be consulted. Background research will also include collection of historical information for the region and the project area, as well as reviewing reports on previous cultural resource investigations conducted in the project vicinity. will focus on the portion of the proposed sewer line route not falling Archaeological Field Survey within existing road right-of-way. Specifically, the approximately 1,400 meter segment of the corridor extending from Southern Drive to West Ten Road will be subjected to systematic pedestrian inspection to determine the presence (or absence) of archaeological sites. This portion of the corridor crosses several ridge toes with well drained soils, as well as a drainage and portions of moderate slope. Shovel tests will be excavated at 30 meter intervals on all relatively level ground along a single transect following the centerline of the corridor. Shovel tests will measure approximately 30 cm (1 ft) in diameter and will be excavated into sterile subsoil. Fill from shovel tests will be screened through standard 0.25 inch hardware mesh. All shovel tests will be backfilled upon completion to restore existing conditions. Shovel tests will not be excavated on slopes in excess of 10 percent; however, these areas will be subjected to pedestrian reconnaissance and all areas of exposed ground within the portion of the project corridor being surveyed will be examined for artifacts and other evidence of past human activities. All archaeological sites identified during survey will be subjected to more intensive excavations to define site boundaries and evaluate the site’s research potential and potential eligibility for the National Register of Historic Places (NRHP). A Management Summary will be provided upon completion of the field work. The Principal Investigator will be available for an on-site meeting if one is desired. DocuSign Envelope ID: E9F0E190-97B6-4AA8-917B-77968CD5C8FC will include the cleaning and identification of all recovered artifacts. Sufficient Laboratory Analyses analyses of the artifacts will be conducted to determine the age and possible function of any archaeological sites identified. These data are necessary to provide adequate information for providing preliminary NRHP eligibility recommendations for identified archaeological sites. The artifacts will be prepared following federal standards. North Carolina State Site Forms will be completed and submitted as part of the Laboratory Analyses. will result in the production of a document describing the activities undertaken Report Preparation and the results of our investigation. All cultural resources identified, both archaeological and architectural, will be shown on project maps and described individually; site descriptions will include individual site plans. A catalog of all recovered artifacts will be incorporated into the project report. Management recommendations will be advanced, as appropriate. We would begin archival research immediately upon receipt of a Notice to Proceed (NTP). Field work would commence within one week of the NTP and will require a single day to complete. The field schedule would be coordinated with Mr. Peter Sandbeck in order to facilitate an on-site meeting. A draft report would be submitted within two weeks of the completion of field work. Copies of the draft report will be submitted for your review. Following this review, we will address any comments you may have and submit revised reports. If you wish, we can submit the draft report directly to the State Historic Preservation Office (SHPO) on your client’s behalf. The SHPO has 30 days to review the document and provide comments. Any SHPO review comments will be incorporated in a final report. Copies of the final report will be prepared as requested. Our cost for this investigation will be $2,950.00, which would be billed as a lump sum amount upon our submission of the draft report. I look forward to working with you on this project. Please don’t hesitate to call me at (919) 553-9007 if you have any questions or need any additional details. Sincerely, Dawn Reid President DocuSign Envelope ID: E9F0E190-97B6-4AA8-917B-77968CD5C8FC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 10/30/2014 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). CONTACT Sammy Anderson, CPCU, ARM PRODUCER NAME: FAX Fountain, Roberson, Anderson PHONE (252)823-2416 (252)823-2925 (A/C, No): (A/C, No, Ext): E-MAIL P.O. Box 338 ADDRESS: 119 East St. James Street INSURER(S)AFFORDINGCOVERAGENAIC# TarboroNC27886 Erie Insurance Company INSURER A : INSURED INSURER B : Archaeological Consultants Of The Carolinas, INSURER C : 121 First Street INSURER D : INSURER E : ClaytonNC27520 INSURER F : CL1381400532 COVERAGESCERTIFICATENUMBER:REVISIONNUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW H INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRA CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAV ADDLSUBR INSRPOLICY EFFPOLICY EXP TYPE OF INSURANCELIMITS POLICY NUMBER (MM/DD/YYYY)(MM/DD/YYYY) LTR INSRWVD 1,000,000 GENERAL LIABILITY EACHOCCURRENCE$ DAMAGE TO RENTED X 1,000,000 COMMERCIAL GENERAL LIABILITY$ PREMISES(Eaoccurrence) 8/13/20148/13/2015 AX 5,000 X Q441350483 CLAIMS-MADEOCCURMEDEXP(Anyoneperson)$ 1,000,000 PERSONAL&ADVINJURY$ 2,000,000 GENERAL AGGREGATE$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG$ PRO- X $ POLICYLOC JECT COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY 1,000,000 (Eaaccident)$ BODILYINJURY(Perperson)$ ANY AUTO A ALLOWNEDSCHEDULED Q081230445 8/12/20148/12/20145 X BODILYINJURY(Peraccident)$ AUTOSAUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS (Peraccident) AUTOS $ UMBRELLA LIAB EACHOCCURRENCE$ OCCUR EXCESS LIAB CLAIMS-MADEAGGREGATE$ $ DEDRETENTION$ WC STATU-OTH- WORKERS COMPENSATION X TORY LIMITSER AND EMPLOYERS' LIABILITY Y / N 100,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACHACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? A 8/30/20148/30/2015 Q923000486 100,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ Ifyes,describeunder 500,000 E.L. DISEASE - POLICY LIMIT$ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Orange County is named as additional insured. CERTIFICATE HOLDERCANCELLATION dcannell@orangecountync.go SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Orange County P O Box 8181 AUTHORIZED REPRESENTATIVE Hillsborough, NC 27278 ACORD25(2010/05)©1988-2010ACORDCORPORATION.Allrightsreserved. INS025 TheACORDnameandlogoareregisteredmarksofACORD (201005).01