The URL can be used to link to this page

Home My WebLink About2011-114 AMS - Archaeological Consultants of the Carolinas, Inc. for SW Library Phase 1 - Cultural Resource Investigation $3,422.50~~i~ ems [Departmental Use Only] TITLE SW Library DD - C8~A FY ORANGE COUNTY NORTH CAROLINA CONTRACT UNDER $10,000.00 THIS AGREEMENT, made and entered into this 16th day of May, 2011, ("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; 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: Phase 1 Cultural Resource Investigation for the 210 Hillsborough Street, Carrboro Parcel per RFP #5170 dated 5/3/11 and the attached subesquent cost proposal letter dated 5/11/11. The term of this agreement rendered shall be from 5/16/2011 to 6/6/2011. 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 Four Hundred Twenty Two Dollars and Fifty Cents, ($3,422.50). 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 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 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. Revised July 2010 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 maybe 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 Appro rin ation: 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 C(3UNTY/1 / PROVIDER Co y ana Title: C ~ Q 200 S. Cameron t. Archaeological Consultants of the Carolinas, Inc. P.O. Box 8181 121 East First Street Hillsborough, C 27278 Clayton, NC 27520 's instrument has been approved as to technical content. fem. ~ Pamela Jon epartment Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Office of the Finance Director This ' ent has been approved as to form and legal sufficiency. Office of the my Attorney Revised July 2010 2 ~` ~-T=°. ARCHAEOLOGICAL CONSULTANTS OF THE CAROLINAS, INC. :~;_ 121 E. First Street, Clayton, NC 27520 (919) 553-9007 fag (919) 553-9077 11 May 2011 .'~_ ti Mr. Jeff Thompson RECD MAY 12 Orange County Government Z Q 131 W. Margaret Street Hillsborough, NC 27278 RE: Carrboro Library Phase I Cultural Resources Investigation Cost Proposal Letter (RFP #5170) Dear Jeff, Please accept this letter as Archaeological Consultants of the Carolinas, Inc.'s (ACC) Cost Proposal Summary for the Phase I Cultural Resources Investigation of the Carrboro Library Tract. In brief, our investigation will be divided into four (4) primary tasks: Background Review, Field Investigations, Laboratory Analyses (if needed), and Report Preparation. Background Review will Include reviewing relevant cultural resources information on file in Raleigh at the Office of State Archaeology and the NC Department of Archives and History to determine what if any cultural resources are previously recorded in the vicinity of the project tract. In addition, the Orange County GIS data base for historic resources will be examined. Field Investigations will include a thorough examination of the tract to determine if any archaeological sites are present. We will use procedures based on state and federal standards and guidelines, including the use of subsurface examinations consisting of systematic shovel testing. Laboratory Analyses focuses on the cleaning and identification of all artifacts recovered during the investigation, if any. These data are necessary to provide adequate information for providing preliminary NRHP eligibility recommendations for any identified archaeological sites. The artifacts will be prepared following federal standards. North Carolina Archaeological Site Forms will be completed and submitted to the office of State Archaeology as part of the Laboratory Analyses. Report Preparation will produce a document that describes the activities undertaken and the results of these investigations. Archaeological sites encountered during the survey will be shown on project maps and described individually; site descriptions will include individual site plans. Using data compiled during Background Review, Field Investigations, and Laboratory Analyses, sites will be classified as eligible, unassessed and requiring additional evaluation, or ineligible for the NRHP, and preliminary management and/or additional investigation recommendations will be provided. Copies of the draft report will be submitted to your office for review. Review comments will be incorporated in a final report. Completion of these tasks will result in documentation adequate to meet SHPO requirements for compliance with all relevant federal cultural resources legislation and guidelines (e.g., NEPA, NHPA, 36 CFR part 800) and will comply with any Carrboro ordinances related to cultural resources. The total maximum not to exceed cost for this project is $3,422.50. A detailed spreadsheet is available if requested. S' ~t....~ obb ou er m