HomeMy WebLinkAbout2013-048 AMS - Legacy Research Associates Cultural & Archaeological Monitoring & Analysis related to drilling geo-thermal test well $500 [Departmental Use Only]
TITLE
FY
ORANGE COUNTY
CONTRACT UNDER$1,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this 16th day of January, 2013, ("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 (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: per attached proposal
The term of this agreement rendered shall be from 01/16/2013 to 02/16/2013.
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 Five
hundred dollars, ($500.00). 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 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.
March 2012 1
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 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.
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:aw_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 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
By:
D ment 6irector Title:
200 S. Cameron St. Legacy Research Associates
P.O.Box 8181 125 West Woodridge Drive
Hillsborough,NC 27278 Durham,NC 27707
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 in ent been approved as to form and legal sufficiency.
Of ce Ate- County Attorney
March 2012 2
"9413 - o y�
Proposal
Archaeological Monitoring Geothermal Well Drilling in Hillsborough,
Orange County, North Carolina
Prepared For
Orange County Asset Management Services Department (AMS)
Hillsborough, North Carolina 27278
Prepared By
Legacy Research Associates
125 West Woodridge Drive
Durham, North Carolina 27707
January 15, 2013
I. INTRODUCTION
This technical proposal has been prepared by Legacy Research Associates (Legacy) of Durham, North
Carolina, for the Orange County Asset Management Services Department(AMS) in Hillsborough, North
Carolina. The proposed work is for archaeological monitoring of geothermal well drilling (initial testing
phase). The Orange County Department of Environment, Agriculture, Parks and Recreation (DEAPR)will
serve in an advisory role for the project.
This proposal presents our understanding of the project and the methods we will use in performing the
investigations. The purpose of the archaeological monitoring will be to identify the presence and
determine the significance of any archaeological resources that may be affected by the proposed well
drilling.
The purpose of the work will be to ensure that any significant archaeological remains that are brought to
the surface by well drilling will be documented and evaluated.
The field investigations and technical report will meet the qualifications specified in the Secretary of the
Interior's Standards and Guidelines for Archeology and Historic Preservation (Federal Register 48) and will
comply with guidelines for archaeological research that have been established by the North Carolina State
Historic Preservation Office.
All cultural materials collected and curated, along with all records of this contract, shall be cared for in
accordance with the requirements set forth in 36 CFR Part 79. The Principal Investigator will meet or
exceed the qualifications described in the Secretary of the Interior's Professional Qualifications Standards
(48 FR 44738-9). All information submitted in the technical report will be factual and complete.
Legacy proposes to provide the following services as requested.
2. DESCRIPTION OF WORK
The archaeological investigations for the proposed geothermal well drilling activities will include the
following elements: a)archaeological monitoring during well drilling, b) background research, c) data
analysis, and d) reporting of results.
A. ARCHAEOLOGICAL MONITORING
The proposed initial phase of the geothermal well drilling will consist of one exploratory drill location.
The location of the exploratory drill location is currently covered in asphalt. Archaeological monitoring
will consist of having an archaeologist present when the drilling begins to observe all soil that is brought
to the surface by the drilling operation. Any cultural material in the excavated soil or any change in soil
color will be documented.
If there is a sufficient quantity of cultural material brought to the surface, then the location of the
geothermal well will be identified as an archaeological site. A recommendation on the significance of a
site recorded during the monitoring will be based on National Register of Historic Places eligibility criteria
that are described in 36 CFR 60.4.
B. BACKGROUND RESEARCH
The background research will include relevant land use data from the Orange County Register of Deeds
and an examination of historic maps of Hillsborough. Background research may also include contacting
historical researchers who have special knowledge of the area. 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 project.
C. DATA ANALYSIS
All recovered artifacts will be cleaned and conserved in a manner appropriate to assure their stability. All
diagnostic artifacts will be fully provenienced and labeled. The cultural and temporal affiliation, material
of manufacture, style, function, and form of recovered artifacts will be identified.
D. REPORTING OF RESULTS
Upon completion of fieldwork, 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 by OSA. This
report will provide information on the number and type of sites, if any, found during the monitoring. A
cursory description of each site will be made along with a determination of eligibility for the NRHP. In
addition to the report, an archaeological site form will be completed if a site is identified by the drilling. A
Final Report will be produced after review comments are received.
3. COST
A summary of the time and materials costs is provided below. It is anticipated that the monitoring will be
completed in 8 hours, background research in 4 hours, and a summary report if no archaeological
materials are found in 4 hours. It is estimated that the cost of the archaeological monitoring work for the
project will not exceed $500.00.
Summary of Time and Materials
Task Hourly Rate Per Da
Archaeological Monitoring and $28.00
Reporting
Mileage (Durham-Hillsborough) $17.00
Field Expenses $5.00
Project Management $52.00
Research Expenses $5.00
4. PROJECT ASSUMPTIONS
Monitoring services will be required on Monday January 21 and Tuesday January 22, 2013.
3
5. PROJECT SCHEDULE
Monitoring will follow the construction schedule.
6. NOTICE TO PROCEED
Legacy will not begin work on any phase of the project until a NTP is given by Orange County.
7. BUSINESS INTERESTS
Legacy will provide proof of insurance purchase from a company authorized to write casualty insurance in
the State of North Carolina. This insurance will be maintained in full force and effect until the contract has
been fully and completely performed. Insurance certificates will provide for a 30-day written notice to
Orange County detailing any changes, cancellation, or expirations. Orange County will be named as an
additional insured. Insurance cost is included in the bid as part of the overhead figure.
1. Worker's Compensation Insurance is provided in statutory amounts.
2. Comprehensive General Liability Insurance is carried in the amount of$1,000,000 per
occurrence, $2,000,000 in the aggregate.
3. Automobile Liability Insurance in the amount of$500,000 is provided.
4. Employer's Liability Insurance is carried in the amount of$1,000,000.
8. 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.
9. 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.
4