HomeMy WebLinkAbout2003 S ERCD - Contract with Legacy Research Associates, Inc. for a Cultural & Archaeological Survey of NHSC Park Property~ `' t
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SUBCONSULTANT AGREEMENT
THIS AGREEMENT, effective this 24th day of November 2003, entered into by
and between Legacy Research Associates, Inc., a professional corporation organized
and existing under the laws of the State of North Carolina, with offices located at
600 Foster Street, Durham, NC (hereinafter referred to as the Subconsultant), and
Orange County, North Carolina, a body politic and corporate, a political subdivision
of the State of North Carolina, having an address of P.O. Box 8181, Hillsborough,
North Carolina 27278, hereinafter referred to as the Client).
WITNESS THAT
WHEREAS THE Subconsultant has on the 24th day of November 2003 entered
into a Contract with the Client and,
WHEREAS the Client wishes to retain the Subconsultant to perform a certain
portion of the services required by the Client Contract and,
WHEREAS, the Subconsultant is willing to undertake the performance of such
services on a lump sum basis and in accordance with the terms and conditions
hereinafter set forth,
NOW THEREFORE the parties hereby agree as follows:
INDEX
ARTICLE Page
1. The Work 2
2. Contract Documents 2
3. Contract Time 2
4. Contract Price 3
5. Payment Provisions 3
6. Communications 4
7. Risk Allocation 4
8. Subconsultant Responsibilities ' 6
9. Work by Others 6
10. Client Responsibilities and Authority 7
11. Changes and Claims 7
12. Warranty and Guarantee 8
13. Suspension and Termination 8
14. Miscellaneous Provisions 9
Page 1 of it
ARTICLE 1 -THE WORK
1.1 The Subconsultant shall render consulting services to the Client in accordance
with the specific requirements as set forth in the Proposal for a Cultural and
Archaeological Survey for the Proposed Northern Human Services Center Park
in Orange County, North Carolina, dated October 2, 2003 (hereinaf(:er
referred to as the Scope of Work), attached hereto and incorporated herein
by reference. When required by the Client, such services shall include the
preparation of documentation suitable for inclusion in various documents
required by local, state, and federal regulatory authorities.
1.2 Subconsultant represents that it shall pertorm its services in accordance with
the standards of care and diligence normally practiced by professional
consulting firms performing services of a similar nature in the same locale.
ARTICLE 2 -.CONTRACT DOCUMENTS
2.1 Documents: The documents listed in 2.2.1 through 2.2.4 together with any
modifications issued in accordance with Article 12 of this Agreement
constitute the Documents of this Agreement. Where the Subconsultant's
Proposal is attached as part of the Statement of Work; it is attached for a
description of the work and detailed information concerning the cost of the
work as set forth in Article 4.1 of the Agreement only.
2.2 Precedence: In the event of any conflict or inconsistency between any of
the Contract Documents, the ,following order of precedence shall prevail,
except as specified in Article 2.3 in which case the terms of the Client
Contract shall prevail:
2.2.1 Appendix A -Proposal dated Oct. 2, 2003
2.2.2 This Subconsultant Agreement
2.3 Client Contract: Where the Client Contract or portions thereof are attached at
Appendix A, the Subconsultant agrees to be bound to the .Client in the same
manner and to the same extent as the Subconsultant is bound to the Client
with respect to those provisions, to the extent the provisions at Appendix A
are applicable to the work to be provided under this Agreement.
ARTICLE 3 -CONTRACT TIME
3.1 Schedule: The Subconsultant shall accomplish the work called for in the
Statement of Work, Appendix C beginning on the date of the Notice to
Proceed issued by the Client. All work shall be fully completed no later than
December 19, 2003, unless sooner terminated or extended as provided
herein.
3.2 Delays: Neither Party shall be liable to the other for delays or failure to
perform caused directly or indirectly by circumstances beyond that Party's
control, including but not limited to, acts of God, fire, flood, war, sabotage,
accident, labor dispute, shortage, government action including regulatory
requirements, changed conditions, delays resulting from actions or inactions
Page 2 of 11
of Client, Owner or third parties, site inaccessibility or inability of others to
obtain material, labor, equipment, or transportation, provided, and only to
the extent, such delays are not the result of the negligence of the party
claiming the delay. Should any of the above occur, then the date for
Completion or any other milestone date shall be adjusted for such delay in
accordance with Article 12, provided where the Subconsultant is claiming
delay, the Subconsultant reports the delay to the Client within a reasonable
time of its discovery.
ARTICLE 4 -CONTRACT PRICE
4.1 Consideration: In consideration for undertaking this work, the Client shall
pay to the Subconsultant the sum of $10,382, in payments as determined
allowable by the Client in accordance with the payment provisions of the
Contract Documents.
ARTICLE 5 -PAYMENT PROVISIONS
5.1 Payment: Payments will be made monthly for equipment, supplies or
services received and accepted in accordance with the terms and conditions of
this Agreement. If no payment .time is specil=ted in the Client Contract,
payment shall be made within 10 working days of receipt of payment for the
Subconsultant's Services from the Client. Invoices shall be prepared and
submitted to the Client in the manner and format specified in Article 5.4 and
other applicable provisions of the Contract Documents.
5.2 Travel: Local travel will be at the Subconsultant's expense. Any travel to be
reimbursed, must be pre-approved in writing, or if granted orally, must be
confirmed in writing. Local travel is hereby defined as travel within a 50-mile
radius of the Subconsultant's local office. Approved travel required during the
performance of this Agreement will be subject to the terms and conditions
and applicable rates as set forth by the North Carolina Department of
Transportation and negotiated as a separate cost.
5.3 Invoicing Instructions: The Subconsultant will submit invoices in
accordance with the Client Contract and with at least the following
information: All invoices must clearly indicate the name and address of the
Subconsultant, the invoice date, name and address of Subconsultant official
to whom payment is to be sent, description of services performed and costs
related thereto completed under this Agreement. Invoices shall be submitted
to the Client in duplicate. Invoices and payments will be addressed as
follows:
Invoices To: Orange County Environment & Resource Conservation
P.O. Box 8181
Hillsborough, NC 27278
Payments To: Legacy Research Associates, Inc.
PO Box 17976
Durham, NC 27715
Page 3 of 11
5.4 Final Invoice: With the request for final payment, the Subconsultant shall
furnish satisfactory proof that all outstanding bills incurred by Subconsultant
for materials and tabor furnished under this Agreement have been paid and
provide legally effective Waiver and Release Upon Final Payment from
Subcontractor and each subtler Subconsultant, and subcontractor
utilized on the work. If the Waiver and Release provided is
conditional, the Client reserves the right to pay the Subtler
Subconsultant, or subcontractor directly or pay Subconsultant with a
two-party check.
ARTICLE 6 -COMMUNICATIONS
6.1 Agreement Administration: Subconsultant contacts with the Client
regarding prices, terms, financial actions, etc., shall be made with the Client's
designated Subcontract Administrator. Agreement(s) and/or actions taken by
the Subconsultant which by their nature effect a change to this Agreement
shall only be binding upon the Client when such agreement or action is
specifically authorized in writing by the Client's Subcontract Administrator. All
correspondence between the Subconsultant and the Client shall be addressed
to the Client's Subcontract Administrator.,
6.2 Communications with Client: All of Subconsultant's written or verbal
communication. with or to Client, or with Federal, State, or local agencies
relative to work under this Agreement shall be through or with the
authorization of the Client's Subcontract Administrator.
ARTICLE 7 -RISK ALLOCATION
7.1 Insurance: The Subconsultant shall purchase and maintain through the
course of the work such insurance as will protect the Subconsultant, Client
and Client from the following claims which may arise out of or result from its
operations hereunder (whether by itself, any Subconsultants, anyone directly
or indirectly employed by any of them, or anyone for whose acts any of them
may be liable): claims under Worker's Compensation, disability benefit and
other similar employee benefit. acts; claims for damages because of bodily
injury, occupational sickness or disease, or death, of its employees or any
other person; claims for damages which are sustained by any person as a
result of the actions of the Subconsultant or by any other person; and claims
for damages because of injury to or destruction of tangible property, including
loss of use resulting thereof.
7.1.1 Coverage: Minimum .insurance requirements are:
7.1.1.1 Commercial general liability, broad form, $500,000
combined single .limit each occurrence for bodily injury
and property damage and shall include broad form
contractual liability, completed operations and
independent Subconsultant's liability.
7.1.1.2 Commercial automobile liability (owned, non-owned, and
hired), $1,000,000 combined single limit each occurrence
for bodily injury and property damage.
Page 4 of 11
7.1.1.3 Worker's Compensation Insurance with statutory limits, as
required by the state in which the work is to be
pertormed, and Employer's Liability Insurance of not less
than five hundred thousand dollars ($500,000).
7.1.1.4 Professional Liability or Errors and Omissions Insurance
with a minimum limit of $1,000,000 per claim and an
annual aggregate of $1,000,000. Where this insurance is
written on a claims made basis, such insurance shall be
maintained for at least 2 years after completion of the
work and Subconsultant shall annually provide Client with
certificates as evidence the insurance is in force, so long
as such insurance is commercially available to the
Subconsultant at a reasonable price.
7.1.2 Certificates: Prior to beginning work, Certificates of insurance shall be
furnished by the Subconsultant evidencing that the coverage will be in
effect throughout the pertormance of the work and will not be canceled
or materially changed until at least thirty (30) days prior written notice
has been given to the Client. The insurance .coverage at 7.1.1.1 and
7.1.1.2 .above shall name Orange County, North Carolina, their
employees, officers, and directors as additional insured with respect to
the work to be provided under this Agreement. The insurance provided
by Subconsultant is primary with respect to the interests of the Client
and any other insurance acquired or maintained by them. Client's
insurance shall be excess and non-contributory. Subconsultant and
insurers agree to waive any and all rights of subrogation against the
Client.
7.1.3 Subtler Subconsultants: The Subconsultant agrees to flow down
.these insurance requirements to all Subtler Subconsultants. and
Subcontractors that provide any services or work.
7.2 Indemnification: The Subconsultant shall defend, indemnify, and hold
harmless the Client, and its agents, officers, directors, and employees from
and against any and all claims, liability, losses, cost or expenses, including
attorney's fees, arising out of the negligent acts, errors or omissions of the
Subconsultant, its officers, agents, employees, Subtler Subconsultants, and
anyone directly or indirectly employed by any of them or anyone for whose
acts any of them may be liable. This indemnification obligation shall not be
limited in any way by required, actual, or available insurance coverage.
7.3 Intellectual Property Rights: The Subconsultant warrants that it is not
aware of any copyright, patent, trademark, trade secret or other proprietary
right that it might infringe upon in providing the work required under this
Agreement. The Subconsultant shall indemnify and save the Client harmless
from any and all claims, suits, liability, expense or damages for any alleged or
actual infringement of any copyright, patent, trademark, trade secret or other
proprietary right arising in connection with the work provided by the
Subconsultant under this agreement.
PageSofll
7.4 Time of Essence: Client and Subconsultant recognize that time is of the
essence with respect to the performance of this Agreement and there is
potential for financial loss by Client. in the event that the Subconsultant fails
to complete the work within the time specified in article 3.1.
ARTICLE 8 - SUBCONSULTANTS RESPONSIBILITIES
8.1 Employees of the Subconsultant: The Subconsultant shall be subject to
and operate under all applicable Federal and State laws regarding employer's
. liability, worker's compensation, Federal social security, and unemployment
compensation insurance; and the Subconsultant expressly agrees that it is an
independent contractor and its employees engaged in the work are not and
shall not be treated or considered employees of the Client.
8.2 Safety: In performing the work, the Subconsultant shall comply with all
applicable laws, ordinances, rules, regulations, and lawful authorities or any
public authority having .jurisdiction for the safety of persons or property and
protect the same from damage, injury, or loss. The Subconsultant shall-take
all reasonable precautions to prevent damage, injury, or loss to all persons
performing services hereunder, the work, all materials and equipment utilized
therein, and all other property at the site of the work and adjacent thereto.
The Subconsultant shall erect and maintain, as required by existing conditions
and progress of work, all reasonable safeguards for safety and protection of
persons and property, including posting danger signs and other warnings
against hazards, promulgating safety regulations and notifying appropriate
Client personnel as well as adjacent property owners.
8.3 Proprietary Information: The Subconsultant shall not .directly or indirectly
or through its employees disclose to any third person or use for the benefit of
anyone other than the Client, either during or after the term of this
Agreement (or for the period of time stipulated in the applicable data), any
secret, confidential or proprietary information of the Client, whether relating
to the work performed hereunder or to the business and affairs of the Client.
Such information shall include, without limitation, Client manuals, forms or
procedures. Disclosure shall not be made without the prior written consent of
the Client unless law, in which case notification of the request for such
information shall be provided to the Client prior to release, requires
disclosure. The Client shall similarly treat information provided by the
Subconsultant and identified in writing as confidential and/oi- proprietary.
8.4 Publications: The Subconsultant shall not publish or publicly disseminate
any information or data derived or obtained from or in connection with any
services rendered hereunder, without the prior written consent of the Client.
8.5 Technical Data: All evaluations, reports, records, and other work products
produced by the Subconsultant pursuant to this Agreement shall be
considered proprietary technical data belonging to the Client and shall be
subject to the provisions of this Article 8.
8.6 Permits and Licenses: Except as specifically otherwise provided by the
Contract Documents, the Subconsultant has or will have, prior to .the
commencement of any work, all necessary business and professional licenses,
Page 6 of 11
permits, and other necessary Federal, State, County, Municipal, or other
licenses as may be required to enable the Subconsultant to perform the
services required hereunder.
ARTICLE 9 -WORK BY OTHERS
9.1 Cooperation: Subconsultant will cooperate with Client personnel,
contractors and Subconsultants who may be working on the site. Particular
attention should be paid to such matters as safety, use and disruption of
utilities, the allocation of storage and workspace, parking, security and
general policing of the work site.
ARTICLE 10. -CLIENT RESPONSIBILITIES AND AUTHORITY
10.1. Inspection: The Client, through any authorized representatives, shall have
the right at all reasonable times to inspect, or otherwise evaluate the quality
or any other aspect of the work performed or the safety measures employed
in the work being performed hereunder. and .the premises in which it is being
performed. If any inspection or evaluation is made by .the Client on the
premises of the Subconsultant or a Subtier Subconsultant, the Subconsultant
shall provide, and shall require his Subtier Subconsultants to provide, all
reasonable facilities and assistance for the safety and convenience of the
Client representatives in the performance of their duties. All inspections and
evaluations shall be performed in such a manner as will not unnecessarily
delay the work.
10.2 Audit: Upon request of the Client, the accounting records, as well as other
records maintained by the Subconsultant directly related to the performance
of the work specified herein, shall be subject, at all reasonable times, to audit
by an independent public accounting firm. In addition, the Client may have
such an audit performed at any time within two years following the
completion or termination of work specified herein.
ARTICLE it -CHANGES AND CLAIMS
11.1 Change Authorizations: Client may unilaterally, by written order of the
Client's Subcontract Administrator, make changes, revisions, additions, or
deletions (collectively hereinafter called "changes") in the work within the
general scope of services provided by the Subconsultant. If any change
causes an increase or decrease in the Subconsultant's cost or time for the
performance of any part of the work, whether or not changed by such change
authorization, the Client shall make an equitable adjustment in the Contract
Time and/or Contract Price by change order.
11.2 Potential Changes: Subconsultant will, upon knowledge of any .potential
changes (including actions, inactions, and written or oral communications)
that do not conform to the authorized method of directing changes specified
above, notify .Client .within 5 working days, of such changes and request
written disposition.
11.3. Changes in Writing: Subconsultant will not proceed with any changes
unless notified to proceed in writing by the Client Subcontract Administrator.
Page 7 of 11
11.4 Changes Mandatory: Nothing herein will be construed as relieving
Subconsultant of its obligations to perform the work, including without
limitation, the failure of the parties to agree upon Subconsultant's entitlement
to, or the amount of, any adjustment in time or compensation. If the work is
reduced by changes, such action will not be the basis for a claim based on
loss of anticipated profits.
11.5 Claims: Any claim by Subconsultant for an adjustment under this paragraph
must be asserted in writing fully supported by factual information to Client
within 30 days from the date of receipt by Subconsultant of the written
change authorization from Client or within such extension of that 30-day
period as Client, in its sole discretion, may grant in writing at Subconsultant's
request prior to expiration of said period.
ARTICLE 12 -WARRANTY AND GUARANTEE
12.1 Responsibility of the Subconsultant, Services: The Subconsultant shall
be responsible for the professional quality, technical accuracy, and the
coordination of all material produced. and other services furnished by the
Subconsultant under this Agreement. The Subconsultant shall, without
additional compensation, correct, or revise any errors or deficiencies in the
work or services provided, which are discovered within a twelve month period
of Final Completion of the work. If such deficiencies are not corrected in a
timely manner, the Client may cause the same to be corrected and deduct
such corrective action costs incurred from monies otherwise due to
Subconsultant. Subconsultant shall be liable for any such excess costs and
shall reimburse Client within 30 days of receipt of invoice. This warranty and
corrective action shall be in addition to any warranty or guarantee specified
elsewhere in the Contract Documents and shall not limit the application of any
other warranty or remedy available under law.
12.2 Responsibility. of Subconsultant, Equipment and Supplies:
Subconsultant warrants that all goods, supplies and equipment procured or
furnished under this Agreement shall be merchantable, free from defects in
material and workmanship and shall conform to applicable specifications and
drawings. If Subconsultant is responsible for the design of the product or
item according to performance specifications established by the Client,
Subconsultant warrants that all products or items so furnished shall be free
from defect in design and shall be fit and sufficient for the purpose intended
by the Client. Client's approval of the design furnished by the Subconsultant
does not relieve the Subconsultant of its obligations under this warranty.
ARTICLE 13 -SUSPENSION AND TERMINATION
13.1 Suspension of Work: Subconsultant will, upon written notice from Client's
Subcontract Administrator, suspend, delay, or interrupt all or a part of the
performance of Services to the extent directed. In such event, Subconsultant
will resume work upon the suspended activities only upon written notice from
Client's Subcontract Administrator. Where appropriate, an extension of the
Contract Time and/or Contract Price will be established by mutual agreement
between the Client and Subconsultant.
Page 8 of l1
13.2 Termination:
13.2.1 Termination for. Convenience: Client may terminate all or part
of. this Agreement for its convenience. In such event, Subconsultant
will be entitled to compensation for services competently performed up
to the date of termination and reasonable termination expenses as
determined in the discretion of Client. Subconsultant will not be
entitled to compensation for profit on services not performed.
13.2.2 Termination for Default:
(1) Client may, by written notice to the Subconsultant, terminate the
whole or any part of the Agreement for default in the event that
Subconsultant fails to perform any of the provisions of this
Agreement, or fails to make progress so as to endanger
performance of the Agreement in accordance with its terms, or, in
the opinion of Client, becomes .financially or legally incapable of
completing the work and does not correct such to Client's
reasonable satisfaction within a period of 24 hours after receipt of
notice from Client specifying such failure.
(2) In the event of termination for default, Subconsultant will be
entitled to payment for work satisfactorily completed, but not until
completion of the project and the assessment of all costs
associated with its completion. If deemed necessary by the Client,
the Client may acquire similar services by subcontract, complete
the work itself, or satisfy the task requirement in any other manner
deemed appropriate. The Client may take possession of all
equipment, materials and supplies at the work site or in storage for
the work. Subconsultant will be liable for all expenses incurred by
the Client in completing the work that was' to have been done by
the Subconsultant, as well as any expenses and damages
associated with the work in accordance with. this Agreement
(3) If, after notice of termination for default, it is determined for any
reason that Subconsultant was not in default or that the default
was excusable, the rights and obligations of the parties will be the
same as if the notice of termination had been issued pursuant to
termination for convenience.
(4) Regardless of the cause of termination, the Subconsultant shall
make an orderly turn over of the terminated work to the Client and
provide legible copies of all completed or partially completed work
products and instruments of service including, but not limited to,
laboratory, field, or other notes, log book pages, inspection
reports, technical data, computations, and designs.
(5) The rights and remedies of Client provided in .this Article are not
exclusive and are in addition to any other rights and remedies
provided by law or equity or under this Agreement.
Page 9 of 11
ARTICLE 14 -MISCELLANEOUS PROVISIONS
14.1 Subcontract: The Subconsultant shall not further subcontract any services
or work to be performed under this Agreement, except as specified in the
Subconsultant's accepted Proposal, without prior written authorization from
the Client. Neither this Agreement nor any Subtier Subcontract will create
any contractual relationship between any Subtier Subconsultant and Client,
nor any liability of Client to any Subtier Subconsultant.
14.2 Assignment: The Subconsultant shall not transfer, assign or hypothecate its
interest in this Agreement without the written consent of the Client; and any
attempted transfer, assignment, or hypothecation without such written
consent shall be void and confer no rights upon any third person and shall
constitute a default hereunder.
14.3 Third-Party Liability: Except as specifically stated in this Agreement, this
Agreement does not create any rights or benefits to parties other than Client
and the Subconsultant.
14.4 Rights and Remedies:
14.4.1 No failures of or delay by the Client in the exercise of any right
under this Agreement shall constitute a waiver thereof, nor shall any
single or partial exercise of any such right preclude other or further
exercise thereof or of any other such right. The waiver by the Client of
any breach of any provision of this Agreement shall not be deemed to
be a waiver of any subsequent breach or of any other provision of this
Agreement.
14.4.2 Neither the Client's review, approval, nor payment for, any of the
services required under this Agreement shall be construed to have
operated as a waiver of any rights under this Agreement, or of any
cause of action arising out of the performance of this Agreement, and
the Subconsultant shall be and remain liable to the Client for damages
caused by the Subconsultant's deficient or negligent performance of
any of the work or services furnished under this Agreement.
14.4.3 The rights and remedies of the Client and the Subconsultant
provided for under this Agreement are in addition to any other rights
and remedies provided by law.
14.6 Applicable Law: In the performance of the work provided by this
Agreement, the Subconsultant shall comply with all applicable Federal, State
and local laws, rules, and regulations. This Agreement. shall be construed,
interpreted and applied in accordance with the laws of the State of North
Carolina.
14.7 Survival: All representations, indemnifications, warranties and guarantees
made in, required by or given in accordance with the Contract Documents, as
well as all continuing obligations indicated in the Contract Documents,
including dispute resolution requirements will survive final payment,
completion and acceptance of the work and termination or completion of the
Page 10 of l1
Agreement.
14.8 Entire Agreement, Modifications, Headings, Severability: The parties
acknowledge that this Agreement constitutes the entire Agreement between
them and supersedes all prior representations, warranties, agreements, and
understandings oral or written between the parties with respect to its subject
matter. Unless stated otherwise in this Agreement, this Agreement may not
be modified except in writing signed by both parties. The headings to this
Agreement are for convenience and reference purposes only and shall not
constitute a part of the Agreement. If any element of this Agreement is later
held to violate the law or a regulation, that element shall be deemed ~ void,
and all remaining provisions shall continue in force.
Client and Subconsultant confirm reading this document in full and confirm that they
understand the terms of this Agreement. Client and Subconsultant freely enter into
this Agreement. Each party signing below represents that they have full right and
authority to sign this Agreement. The Agreement becomes effective on the latest
date of execution indicated below.
SUBCONSULTANT:
Legacy Research Associates, Inc.
CLIENT:
Orange County, NC
By:
Printed Name:
Title: °C 2s=s~~'~T- -
Date: ~ ~~ c3~
By:
Printed Name: r . ~ ~ N~
Title:
mrn ~sS,'D ~
Date: ~(2~10~
Page 11 of 11
1
Proposal
Cultural and Archaeological Survey for the
Proposed Northern Human Services Center Park in Orange County, North Carolina
Prepared for:
Orange County Environment & Resource Conservation
306-A Revere Road
Hillsborough, NC 27278
(919) 245-2590
Prepared by:
Legacy Research Associates, Inc.
600 Foster Street
Durham, NC 27701
919-682-2408
October 2, 2003
A. BACKGROUND RESEARCH
The background research for the cultural resource survey will be initiated by conducting a
thorough review of state and local survey data prior to beginning fieldwork. These include
the site inventory and National Register files at the North Carolina Division of Archives and
History in Raleigh, and, if relevant, records at the North Carolina State Library. Local
county records will include An Inventory of Cultural, Historical, Recreational, Biological, and
Geological Signifrcance in the Unincorporated Portions of Orange County, the Historic
Preservation Element of the Orange County Comprehensive .Plan and the Orange County
ERCD research files. Many Orange County resources are familiar to Legacy researchers
through previous projects in the area (Joy and Becker 1999; Stine and Joy 2001), as well as
that by other researchers. Previous work will provide data on known resources in and
around the survey area, as well as the environmental and cultural perspectives necessary
for interpreting the survey results. The background research phase of the project will also
include consultation with the SHPO.
The background research will begin with a review of the state files at the North Carolina
Office of State Archaeology (OSA) and the SHPO at the North Carolina Division of Archives
and History to gather detailed information on the archaeological and architectural sites
previously recorded in or adjacent to the study area. Preliminary examination of OSA files
indicates that there are no previously recorded archaeological sites in or adjacent to the
project area. At least one historic property is located within the project area, the Vincent
House and associated outbuildings (OR 846). The ca. 1950s former elementary school will
be evaluated for historical significance.
In general, however, the project is located in a portion of Orange County that has not
received intensive archaeological investigation. Any sites discovered during this survey will
add important information to our knowledge of the prehistory and history of the region.
Based on previous work in the county it is expected that the majority of prehistoric sites will
be situated"on ridges within approximately one kilometer of main drainage channels as well
as ridge toes near the head of ephemeral tributaries- (Joy and Becker 1999; Stine and Joy
2001) .
The background research will also include examination of historic documents and maps to
collect data on other potential site locations. County histories and early maps of the area
will be utilized to assist in documenting the Vincent House (OR 846) and any other historic
properties or roads. Documents focusing on the history of the Cedar Grove community will
provide an important context for interpreting potential historic sites in the survey area.
B. FIELD INVESTIGATIONS
Survey areas will be inspected with surface reconnaissance and subsurface shovel testing.
Past experience has indicated that surface survey is effective only in situations where 50%
or more of the ground surface is visible and where there is no potential for buried (and thus
obscured) archaeological resources. It is not effective in areas where less than 50% of the
surface is exposed, or in places where alluvial or colluvial soil deposits are likely to be
present. This survey will focus on the Vincent House (and outbuildings) and the area
proposed for facilities construction. Subsurface shovel testing will be accomplished adjacent
to all buildings, wells, and other above-ground features within the Vincent House property.
Any concentrations of cultural material noted on the surface will be duly investigated.
• Contributing to our knowledge about prehistoric and historic settlement
locations and the exploitation of natural resources for subsistence.
• Understanding environmental diversity and adaptation and change of
prehistoric and historic groups.
The potential of any discovered site to help address these research areas is based on
determining the intactness of cultural deposits (integrity), the variety and quantity of
artifacts, the clarity of site stratigraphy and the discreteness of site boundaries, and on the
environmental context of each site.
C. FIELD RECONNAISSANCE
A limited field reconnaissance .will be accomplished throughout the remainder of the
property in areas where no construction is planned. A surface walk-over in areas of ground
visibility. will be conducted. If cultural .material is found on the surface, subsurface testing
will be implemented as outlined in the previous section. Areas within the property that have
a high probability for the presence of archaeological sites will be thoroughly investigated by
systematic subsurface inspection. These areas include flat ridgetops and landforms
adjacent to water sources. The large pond on the west side of the property is a likely
location for prehistoric occupation. Landforms that exhibit more than 15 percent slope are
considered to have a low probability for archaeological sites. Any. sites identified in the field
reconnaissance will be evaluated and recorded as described in the previous section.
Since the requirements for this portion of the survey is limited reconnaissance, systematic
subsurface testing at 30-m intervals will not be conducted across the entire property. As
planning for the location of project buildings becomes complete, areas chosen for
construction activities may require a more intensive investigation.
D. DATA ANALYSIS
The archaeological materials will be transported to Legacy's Durham facility for processing.
The artifacts wilt be cleaned and catalogued, and the artifact collection from each site will be
studied to determine the date or dates of occupations present and the range of activities
carried out at each site. The vertical and horizontal distributions of the materials from each
site will be studied so that the nature and extent of the site can be better understood.
E. REPORTING OF RESULTS
1"he Orange County ERCD will be informed. on a bi-weekly basis as to the progress of the
field investigations and reconnaissance, especially as regards the Vincent House property.
At the approximate mid-point of the project, a Preliminary Field Report will be made
available to the ERCD along with a short presentation to the Northern Human Services
Center Park Master Plan Work Group.
Upon completion of fieldwork, a Preliminary Field Report (Management Summary) will be
provided to ERCD by November 7, 2003. The report will detail the results of the
background research, fieldwork, and laboratory analysis. The report will be illustrated with
photographs and drawings of archaeological sites and artifacts, as needed, and will conform
to the reporting standards outlined in the'~Guidelines for Preparation of Archaeological
Survey Reports," prepared by OSA. This report will provide information on the number and
type of sites found during the survey. A cursory description of each site will be made along
with a determination of potential eligibility for the NRHP. In addition to the .report,
archaeological site forms will be completed for each recorded site or isolated find. North
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B. CONTRACT FORM
A lump-sum project contract will be created.
C. PROGRESS PAYMENTS
No progress payments are anticipated.
VII. FISCAL RESPONSIBILITY
Legacy will keep a complete and factual record of all expenditures concerning this project
for a period of two years. This will be made available to Orange County upon request.
VIII. CURATORIAL RESPONSIBILITIES
Legacy will temporarily curate all artifacts and records resulting from the project pending
final curation and will prepare all materials for curation following OSA guidelines. The
.materials will be provided to the OSA Research Center in Raleigh, North Carolina, for
curation within 90 days of acceptance of the final report.
IX. HUMAN SKELETAL REMAINS
Any cemeteries found will be recorded, but they will not be probed to determine boundaries
or the number of graves present. If unmarked human burials or skeletal remains are found,
the North Carolina State Archaeologist will be notified immediately, following the provisions
of North Carolina G.S. 70, Article 3, Tire Unmarked Human Burial and Skeletal Remains
Protection Act.
X. .CONSULTANT QUALIFICATIONS
Legacy Research Associates, Inc. is a consulting firm specializing in archaeological research
in North Carolina, and is a woman-owned business certified by the North Carolina
Department of Administration and the North Carolina Department of Transportation. The
company principal is Deborah Joy. Ms. Joy will serve as Project Manager and meets or
exceeds the qualifications described in the Secretary of the Interior's Professional
Qualifications Standards (48 FR 44738-9).
Legacy was incorporated in September 1997 and is staffed by experienced cultural
resources management experts. The Legacy staff has participated in management and
supervisory technical roles on more than 300 archaeological projects. Legacy has been
qualified by a number of states as a Woman-Owned Business Enterprise.
Legacy is exclusively dedicated to archaeological. and historical research. Our goal is to
provide high quality, professional consulting services that are dependable and cost effective.
Legacy is located in Durham, North Carolina. The company's office/research facility includes
research, graphic, archival, library, publication, and administrative areas, as well as
laboratory space for artifact storage preparation and analysis.
The firm is experienced in meeting special project needs. We can respond quickly to
changes in project schedules and design. An extensive professional library provides
information needed for all project phases. Technical reports are computer generated and
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Structures Committee, which is currently involved in restoring the Bennehan House to its
historic ca. 1850 context.
Ms. ]oy also has experience producing environmental documents. She has received training
from the General Services Administration (GSA) for Federal Project and Historic
Preservation, from the Federal Highway Administration in Project Development and
Environmental Documentation. Her experience includes contributions for Cultural Resources
in the Tennessee Valley Authority (TVA) Reservoir Operation System (ROS) Environmental
Impact Statement (EIS).
Warren Carruth will serve as Field Supervisor for this project. Mr. Carruth has 20 years
archaeological experience working in the Southeast, as well as experience in Central
America and the Middle East. He received his B.S. in Anthropology from the University of
Southern Mississippi. Mr. Carruth has worked on countless projects involving cultural
resource surveys, site testing and evaluation, data recovery, and. construction monitoring.
He performed the duties of Field Supervisor for many of these projects. He has conducted
historical research for many projects and has a special interest in African-American studies
and Civil War era sites. Mr. Carruth received a M.A. in History from the University of South
Alabama. His Master's thesis, ~~The Trials of Viola Edwards: A Window into the 1920s," was
prompted by the interesting and controversial history of an African-American woman, who
lived on property that was being investigated by archaeological testing.
Amy Carruth received a B.S. in Geography with a minor in Anthropology from the
University of South Alabama. She has 20 years experience working in the Southeast
performing cultural resource surveys, site testing and evaluation, and data recovery. For a
number of years she worked in university settings conducting research based projects under
.grants received from the National Science Foundation and the National Endowment for the
Humanities. She completed course work in Atlanta, Georgia, through Sterling Ledet &
Associates, Inc. for FreeHand graphics training. Ms. Carruth composes most of the graphics
for survey reports, in addition to research, writing, and editing. She is primarily interested
in Contact Period and Colonial sites, but has recorded and mapped many Piedmont
farmsteads and houses. These include. the Laws homestead at the Little River Regional Park
and Natural Area in Durham and Orange counties, numerous farmsteads in Cleveland
County, North Carolina, along with structural remnants in Wake and Franklin counties in
North Carolina. In addition to North Carolina Piedmont farmsteads, she has recorded many
in the South Carolina Piedmont and the Appalachian Summit Region in North Carolina.
Andrew Hill received his B.A. in Anthropology from the University of North Carolina and
has participated in numerous terrestrial. archaeological surveys and data recoveries in his
three years at Legacy. His Phase I survey experience includes work in Maryland, North
Carolina, South Carolina, Tennessee, California, and Virginia. His Phase II and Phase III
experience includes projects in Worcester County, Maryland and Wake, Stanly, Cherokee,
Orange, Pitt, and Macon counties in North Carolina. Mr. Hill's interests include both historic
and prehistoric lifeways, as well as historic trading paths and the dissemination of cultural
traditions through time. He would admit preference to the Archaic period throughout the
Southeast and the Woodland Period within North Carolina. Mr. Hill has experience with
several GPS systems (Legacy is currently using a Trimble GeoExplorer CE series handheld)
for data recovery and mapping on (ArcView 8.1) GIS.
Tared Roberts obtained a B.A. in Anthropology from East Carolina University. He has
participated in many types of archaeological Phase I surveys in North Carolina, South
Carolina, Virginia, Maryland, .and Tennessee. In these states he has helped to record
numerous nineteenth- and twentieth-century homesteads, farmsteads, and mill sites, as
ATTACHMENT A
COST ESTIMATE
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