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HomeMy WebLinkAbout2019-292-E DEAPR - Axiom Environmental Blackwood Farm Park DocuSign Envelope ID: EFA046A9-1DCB-4ED7-98BA-B96A823B3D45 [Departmental Use Only] TITLE Envirn M. Investigation FY 2018-2019 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this twenty second day of May, 2019, ("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 Axiom Environmental, 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 and/or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: This contract is for services to delineate the wetlands, streams, riparian buffers and federally protected species survey to develop Phase 2 of the Blackwood Farm Park. The term of this agreement rendered shall be from 5/22/2019 to 6/28/2019. 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. Pam: 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 Two thousand two hundred and ninety two dollars, ($2,292.00). 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 Revised 12/18 1 DocuSign Envelope ID: EFA046A9-1DCB-4ED7-98BA-B96A823B3D45 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/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here 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 County's Risk Manager. 5. Indemnity: The Provider agrees, without limitation, 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 in carrying out Provider's duties and obligations related to the Services to be provided in this Agreement. 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 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. Modifications may be evidenced by telefacsimile signature. 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 I I A and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Priority Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and Orange County. 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.oran eg cwnc. og v/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 certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 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. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. If such mediation fails either party may initiate litigation to resolve the dispute. 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. Revised 12/18 2 DocuSign Envelope ID: EFA046A9-1DCB-4ED7-98BA-B96A823B3D45 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. IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER DocuSigned by: DocuSigned by: 5fav�u� 5/23/2019 y.Q�,t,;�ln,�.t,V' 5/21/2019 ]�t�A1�Director T1 F4P�r+�+§�ident 200 S. Cameron St. Alexander Smith; Senior Project Manager P.O. Box 8181 Axiom Environmental, Inc. Hillsborough, NC 27278 218 Snow Ave. Raleigh,NC 27603 Revised 12/18 3 DocuSign Envelope ID: EFA046A9-1 DCB-4ED7-98BA-B96A823B3D45 Axiom Environmental, Inc. 218 Snow Avenue, Raleigh, North Carolina 27603 919-270-9306 Axiom Environmental,Inc. May 20, 2019 Ms. Marabeth Carr Orange County P.O. Box 8181 Hillsborough,NC 27278 Re: Blackwood Farm Park Environmental Investigations—Part 2 p19-025 Orange County Dear Ms. Carr: Enclosed you will find a scope of service and fee proposal for environmental investigations within a selected area of Blackwood Farm Park in Orange County(see the approximately 32-acre area bounded by the thick dashed line on the attached map). Axiom Environmental,Inc. (Axiom)proposes to conduct a wetland and stream delineation,a riparian buffer determination,a federally protected species survey,and provide a summary report of our findings. We hope this information will be of assistance. If you see discrepancies which need to be addressed,or if questions arise, please feel free to give me or Scott Davis (919-696-3045) a call. We look forward to working with the team on this important project. Yours truly, AXIOM ENVIRONMENTAL, INC. Alexander P. (Sandy) Smith Senior Project Manager Attachments DocuSign Envelope ID: EFA046A9-1DCB-4ED7-98BA-B96A823B3D45 Axiom Environmental, Inc. Ms. Marabeth Carr May 20, 2019 Page 2 SCOPE OF SERVICE PROPOSED BLACKWOOD FARM PARK Orange County,NC Axiom Environmental, Inc. (Axiom)proposes to perform the following services associated with a selected area within the Blackwood Farm Park development project (see the attached figure). Services offered may be broken into three main tasks: jurisdictional area delineations, protected species surveys, and a summary report of our findings. Jurisdictional Area Delineations Jurisdictional limits of wetlands and streams will be delineated with sequentially numbered flagging tape to facilitate survey and review. Wetlands will be delineated according to guidelines in the 1987 Corps of Engineers Wetland Delineation Manual and the USACE Regional Supplement to the 1987 Manual (Eastern Piedmont and Mountains). Intermittent or perennial stream determinations will be based on U.S. Army Corps of Engineers (USACE) and N.C. Division of Water Resources (NCDWR)criteria. USACE and NCDWQ data sheets will be completed for each jurisdictional wetland and stream. Data sheets utilized will include the USACE Regional Supplement to the 1987 Manual(Eastern Piedmont and Mountains)Data Form,the USACE Approved Jurisdictional Determination Form (Rapanos form). We propose to determine the level of wetland function utilizing both the NCDWQ Guidance for Rating Wetlands in North Carolina and the N.C. Wetlands Assessment Method (NC WAM) and the level of stream function utilizing the N.C. Stream Assessment Method (NC SAM). The main stems of the stream that flows along the western boundary of the site, as well as the pond and stream flowing southwest from the pond are depicted on the most recent USGS 7.5- minute quadrangle (Hillsborough, NC) and the latest Orange County soil survey. Therefore, unless on-site investigations prove otherwise,these features are subject to the Jordan Lake buffer rule,which protects a 50-foot buffer adjacent to stream and pond banks from a change in current use. Axiom will coordinate with you to provide surveyors with location information for our wetland and stream delineations. We will provide a map of approximate jurisdictional boundary locations and flag numbers. Axiom will be available to assist with any questions or field assistance as needed for the delineation/surveying effort. Axiom already has the solicitation of verification of delineated streams and wetlands from appropriate natural resource agencies on a previous contract, so we will not add to this proposal. DocuSign Envelope ID: EFA046A9-1 DCB-4ED7-98BA-B96A823B3D45 Axiom Environmental, Inc. Ms. Marabeth Carr May 20, 2019 Page 3 Federally Protected Species Surveys The U.S.Fish and Wildlife Service(USFWS)has identified five species with ranges that extend into Orange County: bald eagle (Haliaeetus leucocephalus), Cape Fear shiner (Notropis mekistocholas), dwarf wedgemussel (Alasmidonta heterodon), smooth coneflower (Echinacea laevigata), and Michaux's sumac (Rhus michauxii). Evaluations to determine the presence or absence of protected species habitat will involve a brief literature search, review of agency records,and a field reconnaissance survey of the study area during the appropriate survey period. Based on a desk-top evaluation, it appears the study area may have suitable habitat for smooth coneflower and Michaux's sumac. The USFWS has determined the optimal survey window for smooth coneflower and Michaux's sumac to be May through October. Descriptions of protected species and their ecological requirements will be provided. Field investigations for terrestrial species will include detailed investigations within suitable habitat to determine presence or absence of protected species. Summary Report Axiom will generate a brief summary report of our findings. The report will include a figure depicting delineated wetlands and streams and biological conclusions for federally protected species. ASSUMPTIONS Estimated travel time is included within time estimates for each task. Axiom assumes that the project area does not contain suitable habitat for Cape Fear shiner and dwarf wedgemussel. Axiom personnel will coordinate with the project team to maximize efficiency and safety during all field work. DocuSign Envelope ID: EFA046A9-1DCB-4ED7-98BA-B96A823B3D45 Axiom Environmental, Inc. Ms. Marabeth Carr May 20, 2019 Page 4 TERMS ACCEPTED FOR PROPOSED TASKS ASSOCIATED WITH BLACKWOOD FARM PARK ENVIRONMENTAL INVESTIGATIONS PART 2, ORANGE COUNTY By: For: Date: 1 I I CI If I - i — I w r n V s" S as qll hic Y \ I 4 ' d6 fl x i xv 1,7 c%. is „ p ADDITIONAL Susan BLACKWOOD FARM PARK Hatchell ,0 5 WETLAND SURVEY Landscape Architecture,PLLC H Orange County,NC AREAS 711 W.North Street,Raleigh,NC 77603 p 919 838-9600 r 919-838-9700 5baE8EZ9V969-V896-L43b-80a 6-6V9b0VJ3 :41 9dopAUA AiSnooa O 0 0 c AXIOM ENVIRONMENTAL Cf) Blackwood Farm Park Environmental Investigations m Task Principal Senior Senior Project CADD Total Total m Project Man. Scientist Scientist Man Hr Man Da 0 CD m Jurisdictional Area Delineations v Field Work I m Wetlands,streams,buffers,T&E 8 8 16 2 T1 D Post Field Work CD A Generate a map for surveyors/be available 1 1 2 0.25 0' D Generate wetland/stream/buffer data sheets 2 3 5 0.625 1P Solicit and attend an agency verification rn tin o C) Summary Report C0 Generate a Summa report of field finqto 4 1 5 0.625 m 00 J 00 W D 00 rn D 00 N W W co v A Vt TOTAL MAN HOURS 15 13 28 TOTAL MAN DAYS 1.875 1.625 1 3.5 AXIOM ENVIRONMENTAL Blackwood Farm Park Environmental Investigations CLIENT NAME: Orange County DATE: 21-Ma -19 PROJECT: Blackwood Farm Park Environmental Investi ations Part 2 COUNTY: Orange County PROJECT EXPENSES SALARIES: CLASSIFICATION MAN HOURLY SALARY HOURS RATE COSTS PRINCIPAL Lewis X $ 94.00 $ - PROJ.MAN. Smith 15 X $ 94.00 $ 1,410.00 SENIOR SCI Davis X $ 94.00 $ PROJECT SCI Keith 13 X $ 65.00 $ 845.00 -------- ---------- -------- ---------- TOTAL 28 $ 2,255.00 DIRECT COSTS Mileage: 60 @ 0.575 $ 34.50 Per Diem @ $105.50 $ - Quad/NWI maps: $4.25 $ - Printing/copies: 10 $0 04 $ 0.40 Color copies 2 $1.00 $ 2.00 TOTAL: $ 36.90 Total $ 2,291.90 DocuSign Envelope ID: EFA046A9-1DCB-4ED7-98BA-B96A823B3D45 AXIOM-1 .4CORO CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) `—/ 05121/2019 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 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 endorsements. PRODUCER 919-467-6339 c Acr James T.Bowers Ed Moore&Associates,Inc. PHONE 919-467-6339 FAX 919-467-6434 103-B KilmaYyne Drive A/C,No,EXt: (A/C,No): Cary,NC 27511 E•M I owers a moorelnsurance.com James T.Bowers INSURERS AFFORDING COVERAGE NAIC# INSURER A:State Auto Mutual 25127 1x111'ornDEnvjron REINSURER B:Liberty Mutual Insurance ggnmental,Inc Continental Casual Com anigh� 1C 27603 ve INSURER C: Casualty Company N INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMB R: 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 INSR TYPE OF INSURANCE DDL SUBR POLICY NUMBER POLICY EFF POLICY EXP YYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE �OCCUR PBP2587025 08 03/17/2019 03/17/2020 DAMAGE TISESO RENTED $ 100,000 MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PEST LOC PRODUCTS-COMP/OP AGG S 2,000,000 OTHER: ' A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 IxANY AUTO PBP2587025 08 03/17/2019 03/17/2020 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILYBODILY INJURY Per accident $ AUTOS ONLY X A�O-S ONLDY (P OP tlent AMAGE $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE PBP2587025 08 03/17/2019 03/17/2020 AGGREGATE $ 2,000,600 DED I I RETENTION$ B WORKERS COMPENSATION X I PER LITE I X OTH- AND EMPLOYERS'LIABILITY STAT ER C535S370922029 03/17/2019 03/17/2020 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N - - - E.L.EACH ACCIDENT $ O(MCaMEM NH EXCLUDED? ❑ 1'000'000Fant YNIA oryn E.L.DISEASE-EA EMPLOYE $ If es,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT C PROFESSIONAL EEH288236387 03/17/2019 03/17/2020 PER CLAIM 1,000,000 LIABILITY AGGREGATE 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) CERTIFICATE HOLDER CANCELLATION ORANGEI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ATE THEREOF, Orange County, Department of ACCORDANCEION WITH THE POLICY PROVISIONSE WILL BE DELIVERED IN Environment, Agriculture& Parks&Recreation 306A Revere Road AUTHORIZED REPRESENT � Hillsborough,Road 27278 James T.Bowers 7 59GU4� ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. 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