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HomeMy WebLinkAbout2012-371 AMS - Legacy Research Associates Cultural & Archaeological Study $ 4,984.81 [Departmental Use Only] TITLE 129 King Storm Imp.C&A FY 11-12 ORANGE COUNTY NORTH CAROLINA CONTRACT UNDER$10,000.00 THIS AGREEMENT, made and entered into this 28th day of September, 2012, ("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 Legacy Research Associates, 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: Cultural and Archaeological monitoring services as required by County land disturbance policy, as described by the attached proposal entitled "Archaeological Investigations at 129 East King Street in Hillsborough, Orange County,North Carolina" dated December 20,2011. The term of this agreement rendered shall be from September 28,2012 to December 31,2012. 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 Four Thousand Nine Hundred Eighty Four Dollars and Eighty One Cents, ($4,984.81). 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 1 S. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. 7. Entire Agreement: 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. $. 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 rip 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 UNTY PROVIDER By: By: Coun anage Title: 200 S.Cameron St. Legacy Research Associates,Inc. P.O. Box 8181 125 West Woodridge Drive Hillsborough,NC 27278 Durham,NC 27707 Th' instrument has-been approved as to technical content. J hompson,Department Director �.r This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. f C/&4, 1J• lam". Office of the Finance Director This ins went has been approved as to form and legal sufficiency. zg-44t6 Office of the Coly Attorney Revised July 2010 2 Proposal Archaeological Investigations at 129 East King Street in Hillsborough, Orange County, North Carolina Prepared For Orange County Asset Management Services Department (AMS) Hillsborough, North Carolina 27278 Prepared By Legacy Research Associates, Inc. 125 West Woodridge Drive Durham, North Carolina 27707 December 20, 2011 . ^ Background research will also include contacting historical researchers who have special knowledge ofthe area Any additional research will be conducted as needed. The purpose of the background research is to compile sufficient and appropriate information to understand the cultural context of any cultural resources identified during the survey. Following background research,there will be two stages offieldwork. Stage I The first stage will be systematic subsurface coring about 4 feet outside the north foundation wall(Figure 1)where new drain pipe will be installed(approximately 150 feet long)and in an area about 30 feet by 30 feet off the West foundation wall (Figure 2)where a new drop inlet is proposed. This part of the investigation iwill also include assessing the project impact to the crawlspace area where there will be a new section of storm drain line will extend from the outside of the building,through the foundation wall, and into the crawlspace(Figure 3)to connect with an existing line with new junction box. Figure 1. Proposed storm drain location along north foundation,View east towards East King Street i flux ow WEN � �1xUe3i $ii €13t4.Yz�SGi9Nt�7 �7 N - z ' � 1,�` � � Fiona an gas } i � ii►iB ■Mlrlt=. wP anal 4t i•ON - - mss: soup , y m �7 kr, Figure 4. Proposed new junction box location,view west. 1 44L AIN AWN �r I I r E RH •c # $ �l ". *V � f F I i I a. Figure 5. Proposed new drop inlet over existing storm pipe and downspout,view west. A sketch map of each site will be produced, and the site and its limits will be entered on the project map. The location of each shovel test will be placed on the site sketch map, and notes will be maintained on the soil profiles and artifact content of each subsurface test. All artifacts recovered will be bagged by site and intra-site provenience. 5 . . D. REPORTING OFRESULTS The Orange County AMS and DEAPR will be informed on a weekly basis as to the progress of the field investigations. Upon completion of fieldwork, two copies of a Preliminary Field Report(draft report)will be provided. The draft report will detail the results of the background research,fieldwork, and laboratory analysis. The draft report will be illustrated with photographs and drawings, as needed' and will conform to the reporting standards outlined in the"Guidelines for Preparation of Archaeological Survey Reports," prepared byO6A. 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 eligibility for the NRHP. In addition zothe repon, archaeological site forms will be completed for each recorded site. A Final Report will be produced after review comments are received. In addition, a"public" report will be produced for Orange County so that the information about the archaeological work conducted at the property will be available to interested citizens. |V. COST ' A lump-sum cost is proposed for the survey area. Cost break outs are included for the following phases: background research, investigations, laboratory work, and reporting. It is anticipated that the cost of the subsurface inspection and archaeological monitoring work for the project will not exceed $5,000.00. 129 East Kiny Street-Close-Interval Subsurface Inspection and Monitorin Corinq TASK 2-monitoring TASK 3-Lab TASK 4-Reg2rt TOTAL V. PROJECT ASSUMPTIONS Task 1 - North Side of the Building Field investigations will include 150 feet of close-interval coring along the north side of the building at 5-foot intervals (30 coring locations)with no more than 30 additional coring locations if cultural resources are detected in the soil cores. The estimate is based on a total of 60 coring locations along the north side of the building. Task I -West Side of the Building - Field investigations will include close-interval coring within a 30 foot by 30 foot area at 5-foot intervals (25 coring locations)with no more than 10 additional coring location if cultural resources are detected in the soil cores. The estimate is based on a total of 35 coring locations along the north side of the building. Task 2 - East Side of the Building - Field investigations will include monitoring during the removal of pavement and excavations of an approximate 8-foot deep pit for the junction box. It is estimated that soil stratigraphy will be documented after the pit is excavated and any cultural features in the soil profile be documented. Significant concentrations of cultural material will be identified as features that will be photographed and mapped; a selection of exposed artifacts will be recovered.