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HomeMy WebLinkAbout2017-155-E Planning - Archaeological Consultants of the Carolinas, Inc. to Eno EDD Cultural and Archaeological Study DocuSign Envelope ID:4B2CC4A2-9375-4CA5-B4DF-EB9993ABD639 [Departmental Use Only] TITLE EnoEDDC&ASurvey FY 2016-17 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 1st day of May, 2017, ("Effective Date")by and between Orange County, North Carolina, a political subdivision 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; 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: As described in the attached request for proposal (RFP) package entitled "Cultural and Archaeolofical Survey for the Eno EDD, Phase 1 Sewer Improvements" dated March 29, 2017. Please note that based on project clarification during the proposal period,the scope of undeveloped property gravity lines was increased to approximately 1,500 linear feet. The term of this agreement rendered shall be from May 1, 2017 to June 30,2017. 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 THREE THOUSAND AND EIGHTY SIX DOLLARS AND TWENTY FIVE CENTS, ($3,086.25). 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. Revised 2/17 1 DocuSign Envelope ID:4B2CC4A2-9375-4CA5-B4DF-EB9993ABD639 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 County'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.orangecountync.gov/departments/purchasing division/contra cts.php). If County'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 County'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, its agents, or assigns directly or indirectly related to the Services to be performed pursuant to this Agreement 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. County may suspend this Agreement upon reasonable 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 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. 8. Priority: In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms of this Agreement 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. 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 state and federal anti-discrimination laws, policies,rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_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 and does not limit the definition of breach to discrimination. By executing this Agreement Provider affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-86.58. 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. Revised 2/17 2 DocuSign Envelope ID:4B2CC4A2-9375-4CA5-B4DF-EB9993ABD639 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 2/17 3 DocuSign Envelope ID:4B2CC4A2-9375-4CA5-B4DF-EB9993ABD639 IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER DocuSigned by: 1 DocuSigned by: B : Walt t,lt, tkevmwtt-rst,U1 By �a�Uw � �`°S4 I�.er Titl . 374858E8E04B49A... 200 S. Cameron St. Dawn Reid,President P.O. Box 8181 121 E. First Street Hillsborough,NC 27278 Clayton, NC 27520 Revised 2/17 4 DocuSign Envelope ID:4B2CC4A2-9375-4CA5-B4DF-EB9993ABD639 ro,oty, of F5 y ry* r az $/'4c Imo; Orange County Financial Services Department March 29, 2017 RFP 5232 Cultural and Archaeological Survey for the Eno EDD, Phase 1 Sewer Improvements REQUEST FOR PROPOSAL Orange County is seeking proposal to procure the services of a qualified and experienced archaeologist to conduct a survey of cultural and archaeological resources of the project construction site of the proposed Eno EDD Phase 1 Sewer Improvements project. Purpose Required to satisfy Cultural and Archaeological Resources Policy for Orange County Construction Projects, adopted October 3, 2006 (copy attached). Project Description This project serves approximately 100 acres of land, which lies between 1-85 and US 70 Business and westerly of Orangewood Drive, as depicted on attached Figure 1, consisting of the following construction in Orange County, NC: • Approximately 7,500 LF of buried gravity sewer line • Most of the proposed construction is in urbanized areas; however, approximately 1,000 LF of the proposed gravity line will be installed on previously undeveloped property.. The information obtained through this survey will be used to identify the presence or absence of any significant resources of historic and cultural interest and to avoid damage to those resources during the construction of the sewer line. Consultant's proposal must address the Consultant's qualifications and ability to carry out the project work in accordance with the accompanying Scope of Work, within the specified time frames, and should include, but not be limited to the following: 1. A discussion of the research required and intended for the proposed investigation. 2. A discussion of the field and laboratory methods to be employed. 3. A work schedule for the proposed survey. 4. If not provided associated with previous cultural and archaeological consulting effort for Orange County, please provide supplemental resumes articulating qualifications of "new" 1 DocuSign Envelope ID:4B2CC4A2-9375-4CA5-B4DF-EB9993ABD639 members of the project team, including, but not limited to the principal Investigator(s) and field director(s). 5. A cost proposal to complete all elements of this request for proposal and the attached scope of work. 6. A fee schedule outlining hourly billing rates charged by your firm for each position type as well as reimbursable expenses. 7. Consultant's willingness to digitally sign an Orange County Standard Contract Agreement for Design/Consultant Services. Should a copy of this contract be required in advance of proposal or should you have any questions about the DocuSign process, please inquire of the Orange County representative identified in this request. Project Schedule The proposed project design is currently 50% compete. Cultural and Archeological survey information is needed as soon as possible to confirm the viability of our alignment. Contract Date: Within 30 days of receipt of proposal Preliminary Field Report: Within 30 days of contract effective date Draft Final Report: Within 15 days following receipt of County comments on the preliminary field report Final Report: Within 15 days following receipt of County comments on the draft final report Please provide your proposal to David Cannell, Orange County Financial Services, dcannell @orangecountync.gov via .pdf attachment to email (preferred) or via fax to 919-636- 4913 no later than 3:00 pm, April 4, 2017. The subject of the email must reference RFP number 5232. Please refer questions to David Cannell at dcannell @orangecountync.gov (preferred) or 919- 245-2651. 2 DocuSign Envelope ID:4B2CC4A2-9375-4CA5-B4DF-EB9993ABD639 SCOPE OF WORK Cultural and Archaeological Survey Eno EDD, Phase 1 Sewer Improvements Orange County, NC RFP 5232 I. Project Background Orange County is in the process completing the engineering, planning and easement acquisition for the proposed Eno EDD, Water and Sewer System Project consisting of buried gravity sewer in the Eno EDD area that will connect to the existing City of Durham Sanitary Sewer along Orangewood Drive as shown in the attached Figure 1: Proposed Gravity Sewer. Where not in public right of way, the project site consists of a 40-foot-wide permanent easement running the length of the sewer line, along with a 20-foot temporary construction easement. All proposed ground disturbance will be confined within these easements. The majority of the sewer line will be built using conventional trenches up to 24 feet deep, with some rock blasting where required. Most of the construction alignment through previously undeveloped property is heavily wooded. The proposed alignment has been identified in the 50% plans and each manhole as a northing and easting coordinate. An overall site plan has been included in Figure 1 and additional information will be provided to the consultant, once under contract. Access to the site is presently available from the corner of Orangewood Drive and Byrd Road as well as via Eno Trailer Park Loop Road. The County and its agents have permission to access these parcels and we have the parcel owners' contact information. II. Description of Work The cultural and archaeological survey for this project will be comprised of the following principal components: (a) background research, (b) a surface and possible subsurface investigation of the area within the permanent and temporary easements proposed for sewer construction, (c) a reporting of results. These components are described as follows: A. General Perform a background research for the entire route to ensure it does not cross any already recorded archaeological resources. Perform an archaeological survey focused solely on Pipe Number 2 and Pipe Number 3 as this cross-country portion of the route runs through a previously undeveloped area that could be considered to have potential for the presence of archaeological deposits. B. Background Research Prior to the initiation of the field investigations the Consultant shall undertake background research sufficient to acquire a working familiarity with the natural and cultural resources in the study area and to locate any previously recorded historical or archaeologically significant sites on the property, including historic structures and any significant landscape alterations associated with those structures. The North Carolina Office of Archives and History (Office of State Archaeology) must be contacted to 3 DocuSign Envelope ID:4B2CC4A2-9375-4CA5-B4DF-EB9993ABD639 determine whether there are any such recorded sites, and to reference existing architectural and archaeological survey files. Other resources should include, but not be limited to the Natural and Cultural Systems Element of the Orange County Comprehensive Plan and DEAPR staff research files. C. Surface and Subsurface Investigation of Construction Areas The Consultant should perform surface and possible subsurface investigation in planned construction areas, as shown on attached Figure 1 and described herein. The amount of subsurface excavation will depend on the results of initial surface investigation, and may require intensive subsurface shovel test pits (STPs) only in specific concentrated areas. The number of STPs shall be of the Consultant's choosing, but should be sufficient to determine the cultural and archaeological significance of the site(s) and to document the site(s) with state survey forms. D. Reporting of Results The Consultant shall provide the following reports to the Orange County project manager, in accordance with the project schedule outlined below: • Preliminary Field Report: An informal management summary is to be provided, following completion of the initial investigation. This Preliminary Field Report shall document the findings of the field work, status of the research and other relevant information. If deemed necessary by the initial findings, the Consultant shall also provide time for an on-site progress meeting (in the field) to review findings with the project manager, prior to moving forward with remaining effort. • Draft Final Report: This report shall be complete, as if being issued as a "final" report but bear a DRAFT designation. Provide overviews of those portions of prehistory and history that are relevant to this portion of Orange County. The report will also include detailed maps of any former locations of roads, historic structures, and any significant landscape alterations associated with those historic structures. The report shall generally satisfy requirements outlined in the "Guidelines for Preparation of Archaeological Survey Reports," prepared by the NC Office of State Archaeology. Orange County will review the Draft Final Report and comment back to the Consultant within two weeks. • Final Report: Following Orange County's review of the Draft Final Report, the Consultant shall make any required changes in response to County comments and submit four copies of the revised final report, along with a copy of the final report in digital format (CD or DVD) to Orange County. The Consultant shall also submit to Orange County and to the Office of State Archaeology copies of all field maps delineating the subsurface test grid and the location of all archaeological and above ground sites, as well as copies of all recorded survey sites, including copies of digital photographs. III. Project Schedule As outlined in the RFP. 4 DocuSign Envelope ID:4B2CC4A2-9375-4CA5-B4DF-EB9993ABD639 IV. Notice to Proceed The Consultant will not begin any work on the project until execution of a contract and issuance of a purchase order from Orange County. The County anticipates a contract to be issued within 30 days of the receipt of proposal, subject to acceptability. V. Curatorial Responsibilities The Consultant shall make the necessary arrangements for the storage and curation of all records and materials recovered during the survey. Any arrangements by the Consultant must receive prior approval from the N.C. Office of State Archaeology. VI. Human Skeletal Remains Any human skeletal remains encountered during the investigations shall be treated according to the provisions of the N.C. General Statutes, Chapter 70, Article 3. IX. Staff Qualifications Consultant is expected to staff the project with personnel having the ability to meet the required project schedule and with the following qualifications: 1. The person has performed satisfactorily on previous archaeological surveys as indicated by the North Carolina Department of Cultural Resources, Office of Archives and History, Office of State Archaeology. 2. The person has demonstrated a professional writing capability with a style of high quality that is suitable for publication. 3. The person has demonstrated that they have adequate qualifications and experience to perform the work required. 4. The person has or will be provided adequate resources to perform and meet the time schedule established for the work. 5. The person must meet 36 CFR, Part 61, Appendix A - Professional Qualifications Standards. 6. The staff assigned should be familiar with the geographical area to be surveyed. Preferred Qualifications: 7. Persons who have previously completed archaeological surveys and National Register Nominations for archaeological sites or historic districts are preferred. 8. Persons who have previously worked in Orange County. 5 DocuSign Envelope ID:4B2CC4A2-9375-4CA5-B4DF-EB9993ABD639 RESPONDER'S CERTIFICATION FORM I have carefully examined the Request for Qualifications, the sample Agreement for Design Consultant Services and any other documents accompanying or made a part of this Request for Qualification. I hereby propose to furnish the consultant services for Orange County in accordance with the instructions, terms, conditions, and requirements incorporated in this Request for Qualification. I certify that all information contained in this response is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this response on behalf of the firm as its act and deed and that the firm is ready, willing and able to perform if awarded the contract. NAME OF FIRM: BY: (printed name) SIGNATURE: MAILING ADDRESS: CITY/STATE/ZIP CODE: TELEPHONE NUMBER: FAX NUMBER: ACKNOWLEDGEMENT OF ADDENDA Responder hereby acknowledges receipt of all Addenda through and including: Addendum No. Date Acknowledgement 6 DocuSign Envelope ID:4B2CC4A2-9375-4CA5-B4DF-EB9993ABD639 NON-COLLUSION AFFIDAVIT State of North Carolina County of Orange Proposal Request No. 5232 , being first duly sworn, deposes and says that: I. He/She is the of , the proposer that has submitted the attached proposal; 2. He/She is fully informed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting such proposal; 3. Such proposal is genuine and is not a collusive or sham proposal; 4. Neither the said proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other proposer firm or Person to submit a collusive or sham proposal in connection with the contract for which the attached proposal has been submitted or to refrain from proposing in connection with such contract, or has in any manner, directly or indirectly sought by agreement or collusion of communication or conference with any other proposer, firm or person to fix the price or prices in the attached proposal or of any other proposers, or to fix any overhead, profit or cost element of the proposal price of the proposal of any other proposer or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the County of Orange or any person interested in the proposed contract; and 5. The price or prices quoted in the attached proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title Subscribed and Sworn to Before Me, This day of , 2017 Notary Public My Commission Expires: 7 DocuSign Envelope ID:4B2CC4A2-9375-4CA5-B4DF-EB9993ABD639 Figure 1 - Eno 50% Sewer Alignment _ - mot"- - ® � � o •_� - ■■■■■■/■■/■■/■/■■/■■/■/■■/■■■■/■/■■■ ■ ■ ■■ / ■■/■■■■■■■\■■■■////////////�♦♦ c ni » 1ut ,( ♦♦ v 3 ♦0/01 - I BYRD RD �• [ w, '.� Z O •O C? • Y W Q f I o W HILLS OR + Y I L LLJ z Q I to a NNW LU I x 70 w i ■ 1 •••�� 1/ I ■ DU KE FpREST pgRk •• ■■■■//�/1///\/\//■//■///■//■/// �1///�� — - — County Boundary Existing Gravity Sewer w N� - ° co 1 in-350 feet ■■■■■ Proposed 50% Sewer Alignment ROUGH RD ®j] 0 100 - Z �•.. Feet Parcels t� �' m Orange County Planning and Inspections t: Brian Carson(3/3/2017) DocuSign Envelope ID:4B2CC4A2-9375-4CA5-B4DF-EB9993ABD639 Adopted 10/3/06 Cultural and Archaeological Resources Policy for Orange County Construction Projects October 3, 2006 Purpose: The purpose of this policy is to clarify the County's intention to identify and evaluate cultural and archaeological resources on sites that are planned for construction prior to the commencement of ground-breaking activity. 1. A cultural and archaeological survey shall be conducted for any construction project that meets any of the following criteria: a. A project undertaken by Orange County Government that involves the disturbance of 0.5 acres or more. b. Any project undertaken by Orange County Government located in a local or National Register Historic District, or in an area identified as having a high probability of cultural or archaeological resources. c. A project by an outside agency, school system or other organization where $50,000 or more of its funding is provided by Orange County Government. d. Any project funded in full or in part with state or federal monies, or requiring state or federal licensing. 2. The survey shall be conducted using the following general process: a. Once the initial design work(or concept plan)for the development project has been approved by the Board of Commissioners or its designee. before the final plan has been completed, Orange County will prepare a request for proposals (RFP)for a cultural and archaeological survey. b. The concept plan shall be used to identify those areas of the site intended for buildings. parking, driveways, etc. that shall be subject to subsurface investigation and those areas suitable for reconnaissance survey. c. The RFP will be sent to a list of firms, who meet the professional qualifications for archaeology outlined by the National Park Service (the Code of Federal Regulations, 36 DRF Part 61). d. County staff shall receive the proposals and make a recommendation for a firm. e. The Board of Commissioners or its designee will consider and approve the contract for the survey. f. The survey will be conducted prior to any ground disturbing activity. g. Findings from the cultural and archaeological survey shall be incorporated into the final design for the development project--to assist with the siting of facilities and for identifying areas of historic and cultural interest for possible future interpretation. h. Any recommendations for further work identified as a part of the survey shall be evaluated by the Board of Commissioners. and appropriate action taken. The Board of Commissioners shall receive a copy of the survey results via electronic medium. Adopted by the Board of Commissioners, October 3, 2006 DocuSi n Envelope ID:4B2CC4A2-9375-4CA5-B4DF-EB9993ABD639 H ^� CERTIFICATE OF LIABILITY INSURANCE DATE 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 Sammy Anderson, CPCU, ARM Fountain, Roberson, Anderson PHONE (252)823""2416 FAX (252)823-2925 JA/C"No,Exth IAJC,Nol; P.O. Box 338 ADDE-MR(a AIL ;sammy@frainsurance.com 119 East St. James Street INSURERIS)AFFORDING COVERAGE NAICti Tarboro NC 27886 INSURER A:Erie Insurance Company INSURED INSURER B: Archaeological Consultants Of The Carolinas, _INSURER C: 121 First Street INSURER D ` INSURER E Clayton NC 27520 INSURER F: u COVERAGES CERTIFICATE NUMBER:CL1381400532 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. 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