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HomeMy WebLinkAbout2013-473 AMS - Archaeological Consultants of the Carolinas Inc for County Jail Site C&A Study $2,735 Zo l3- 73 [Departmental Use Only] TITLE Jail Site Study FY 2014 ORANGE COUNTY NORTH CAROLINA CONTRACT UNDER$15,000.00 THIS AGREEMENT, made and entered into this 1st day of November, 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 Archaeological Constulatants of the Carolina,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: County hal Site C & A Study (as outlined in the attached proposal dated October 22,2013) The term of this agreement rendered shall be from November 1,2013 to December 31, 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. Pa ment: 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 Seven Hundred and Thirty-Five Dollars, ($2,735.00). 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: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are described in the Orange County Revised 9/13 1 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is i incorporated herein by reference and may be viewed at http://oran eg comptync.gov/ptirchasing/contracts.asp). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of 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 Owner's Risk Manager. 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 I 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. 1 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. Priori : In determining the basic services to be provided, should any documents be referenced in this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Governin L� 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. 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 anti-discrimination laws. Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a contract with a contractor unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Provider's breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 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. [SIGNATURE PAGE TO FOLLOW] j: Revised 9/13 2 I IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the day first written above. ORANG O T PRO ER By: By: �� o ty Manager Title f �� �y e,.L - 200 S. Cameron St. Archaeological Consultanst of the Carolinas,Inc. P.O. Box 8181 121 E.First Street Hillsborough,NC 27278 Clayton,NC 27520 This instrument has been approved as to technical content. JcffkyU11iiomp6n,Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Office of the Chief Financial Officer This i tru ent h=rovcd rm and legal sufficiency. O f e of the trounty Attorney Revised 9/13 3 ARCHAEOLOGICAL CONSULTANTS OF THE CAROLINAS,INC. j } Vf 121 'E. First Street, Clayton, NC 27520 i"ors (919) 553-9007 Laic(919) 553-9077 i 22 October,2013 Mr.Jeff Thompson Engineer/Asset Management Services,Orange County 131 W,Margaret Lane Hillsborough,NC 272780range County RE: Cultural Resources Survey of the Proposed Hillsborough Jail Tract Dear.Jeff: Thank you for the opportunity to provide Orange County with a cost proposal to conduct a cultural resources survey of the proposed Hillsborough Jail tract. We are confident that we can provide you with the services and documentation in a timely and cost:effective manner.Please find attached our Technical Proposal that details our approach to this investigations,as well as providing examples�of our firm's.experience with similar projects and the resumes.of our principal staff members. We would be willing to sign the Orange Couhty:Standard Contract Agreement for Design/Consultant Services and have no concerns about terms. Our cost for this project will be$2,735.00,which would be billed as a lump sum amount upon our submission of the draft report. Please don't hesitate to call me at(919)553- 9007 if you have any questions. S' erely, awn Reid Archaeologist Attachment i i Technical Proposal: ' Cultural and Archaeological Survey of the % °� Proposed Hillsborough Jail Tract �)ra�txsdf.thgt' Orange County, North Carolina �arolinas, ` i Introduction Archaeological Consultants of the Carolinas,Inc. (ACC), a woman-owned small business,is pleased to respond to Orange County's request for a cultural resources management firm to conduct a cultural and archaeological survey of the proposed Hillsborough Jail tract. ACC has extensive experience conducting all levels of archaeological investigations and pride ourselves on providing our clients with the services and products required in a timely and cost-effective manner. Project Details and Technical Approach The proposed Hillsborough Jail tract is located at the intersection of Interstate 85 and Old NC 86 at Interchange 165 in Hillsborough,North Carolina. It is approximately 6.8 acres in size. The tract is wooded and encompasses a north trending ridge toe and associated side slopes. The primary goal of this investigation will be to identify all cultural and archaeological resources that would be impacted by the proposed land disturbance during construction of the sewer line and by its future maintenance. ACC will evaluate each identified resource based on National Register of Historic Places (NRHP) criteria, and will provide management recommendations, as appropriate. During the course of this investigation, ACC will follow the standards for archaeological investigations established by the North Carolina State Historic Preservation Office (SHPO) and will adhere to all stipulations outlined in the Scope of Work provided by Orange County. The primary tasks will include Background Research,Field Survey, Laboratory Analyses,and Documentation and Reports. These basic tasks are discussed in brief below. Background Research Background research will consist of a review of records available at the North Carolina Office of State Archaeology(OSA),where all previously recorded archaeological sites either along or in the immediate vicinity of the project tract will be identified. Recorded architectural resources in the tract vicinity will also be identified through a review of records at the North Carolina Department of Historic Resources, Survey and Planning Division, and through use of their mapping application website(NC HPO GIS website). ACC will also examine published and unpublished sources such as historic land plats, soil survey maps, topographic maps, and highway maps for the project area. The Natural and Cultural Systems Element of the Orange County Comprehensive Plan will be reviewed on-line and any available research files compiled by Department of Environment,Agriculture,Parks&Recreation staff will be examined. i 1 Field Survey ACC uses a variety of environmental factors to determine the cultural resource potential of a project area. Topographic setting(e.g., degree of slope)and soil survey data (e.g.,soil drainage characteristics) are the two most significant factors considered. Other factors considered when defining the archaeological potential of an area include roads and known resources. In addition,the vicinities of all previously recorded sites are considered to have high probability for additional sites. The majority of the project tract is slopey would not generally be considered to have high potential for the presence of intact archaeological deposits. However,the eastern half of the tract contains high ground that contains well-drained soils and is considered to have high potential for archaeological deposits. It should be noted, however, that while this initial assessment of potential zones will serve as a guide for survey strategy, all final determinations for survey intensity will be based on field conditions. The field survey will be comprised of parallel pedestrian transects conducted at 30 meter (98 ft) intervals. Areas determined to have high or moderate potential for the presence of archaeological sites will be shovel tested at 30 meter (98 ft) intervals. Intensive reconnaissance will be used to investigate the low potential areas,which include steep slopes. These areas will be examined by pedestrian walkover with shovel tests being excavated at judgementally determined locations based on soil and topographic conditions. All shovel tests will be at least 30 cm(12 in) in diameter. All test rill will be screened through 0.25 inch mesh, and each test will be excavated either to sterile subsoil,to bedrock or the water table. Each shovel test will be backfilled upon completion. In all areas, shovel testing will be supplemented by comprehensive examination of all exposed ground surface. Archaeological Site Definition and Evaluation. Archaeological site definition will generally follow the criteria set out by the OSA that a site is defined by the presence of three or more artifacts within a 30 meter radius or where aboveground features are present. Isolated finds, defined as no more than two temporally related artifacts within a 30 meter radius,will not be defined as sites. Once a site is discovered, close interval shovel testing will be used to define site boundaries and to assess intrasite artifact variability. The ACC field crew will utilize 15 meter interval shovel tests for site boundary delineations. Supplemental shovel tests may be excavated to explore particular portions of a site (e.g., around a structural foundation) or the site as a whole to more fully evaluate a site's cultural deposits. A slightly modified method will be used to define and evaluate sites larger than 60 meters in diameter. If an archaeological site extends onto adjacent private property, the field archaeologists will make observations of surface remains and conditions, and estimate the site dimensions based on surface indications and topography. Formal site delineation will not be conducted outside of the project tract unless prior authorization is provided. Visible surface remains and artifacts,topographic features,and systematic shovel testing will be utilized in determining the stratigraphy, integrity, content, and extent of each site. Site descriptions will include maps showing the location of all shovel tests, cultural and natural surface features, topographic features,and site boundaries. A representative description of soil characteristics and stratigraphy also will be provided for each site. Site and isolated find locations will be recorded using a differentially corrected global positioning system (GPS) receiver capable of at least f 3-meter accuracy. ArcGIS shape files of the identified archaeological resources will be made available upon request. Each site located will be assigned a temporary field number. It will then be documented on a North Carolina Archaeological Site Form,which will then be submitted to OSA for assignment of an official state 2 I I i i site number. To the extent possible, the documentation of these resources will determine period of occupation, site type and/or function, and site size. The National Register of Historic Places (NRHP) eligibility of each resource identified will also be assessed. National Register of Historic Places (NRHP) recommendations will be based on eligibility criteria listed in 36CFR60.4. These criteria generally require assessment of cultural periods represented,general site function, site boundaries, and stratigraphic conditions/site integrity. Historic site evaluations will include architectural analysis and documentation of ownership and function (where possible). As no aboveground facilities are planned, no viewshed impacts to any potential historic resources will be incurred. However, ACC will confirm the proposed sewer line's placement in regard to the boundaries of any potentially significant historic resources. Recommendations will be expressed in standard eligibility ratings:Listed on or Eligible for the NRHP; Unassessed(possibly eligible but requiring further testing);and Not Eligible. All NRHP recommendations will be fully justified, and include statements regarding what would be expected from further investigation of the site and why this information will be significant to the area's history or prehistory. These recommendations will be framed as a series of research questions. If no further work is recommended,the justification for this recommendation will also be fully explained. The field survey is estimated to be completed in one day. ACC's Principal Investigator will be available to meet with the Orange County Project Coordinator in the field at any time. Laboratory Analysis Laboratory Analysis will begin with the washing of all recovered artifacts. A provenience number, based on the context of the artifact(i.e.,surface or subsurface), will be assigned to each positive shovel test location,unit level, or feature. Within each provenience, each individual artifact or artifact class will then be assigned a number. Artifacts will be cataloged based on specific morphological characteristics such as material in the case of lithics, and decoration and temper type in the case of ceramics. Historic ceramics will be compared to published type descriptions and cataloged by type when possible. Artifact descriptions, counts, and weights will be recorded. All diagnostic and cross-mended artifacts will be labeled with a solution of Acryloid B-72 and acid-free permanent ink. Analysis will be conducted at a sufficient level to document and justify NRHP eligibility recommendations,as appropriate. At the conclusion of this project, all project related material, including field notes, artifacts, and project maps,will be prepared for curation based on standards set forth in 36 CFR 79(Curation of Federally Owned and Ad»rinistered Archaeological Collections:Final Rule). These standards require that all project related material be placed in archivally stable storage bags and boxes. Upon acceptance of the final project report, ACC will coordinate with Ms. Dolores Hall,Assistant State Archaeologist, regarding submission of the project material for permanent curation. Reports and Documentation Following the completion of field survey, the Orange County Project Coordinator will be provided with a Management Summary(Preliminary Field Report)detailing the results of the background research and field survey. If requested, ACC's Principal Investigator will meet with him/her in person to discuss these results. 3 i i The draft report will follow the format specified in the Guidelines for Preparation ofArchaeological Survey Reports, available through the OSA. Its content will include a description of past archaeological research in the project vicinity, a discussion of local culture history(including historic landscape alterations), the field methods employed, evaluation methods, findings, conclusions, and recommendations. This document will also include detailed descriptions,maps,and photographs of all resources identified. A preliminary draft report will be submitted to the Project Coordinator for review. After addressing the Project Coordinator's comments(if any),ACC will submit four bound copies and one digital format copy of the revised final report to Orange County. Proposed Schedule ACC is aware of the need for the expeditious completion of this investigation. Table 1 shows ACC's anticipated schedule for this project. A hypothetical date of 28 October 2013 is used for receipt of the Notice to Proceed(NTP). Completion of this project,from receipt of a NTP to submission of the curation package, is estimated to take approximately one month(33 days),and be completed November 30,2013. Table 1. Projected Work Sequence. Activity Begin Date Projected Completion Date Pre-Work Meeting/NTP October 28,2013 - Background Research October 28,2013 October 29,2013 Fieldwork October 30,2013 October 30,2013 Management Summary October 31,2013 November 6,2013 Draft Report October 31,2013 November 15,2013 Review Period(l week from submission of November 18,2013 November 25,2013 draft report) Final Report November 29,2013 November 29,2013 34 days Delivery of Curation Package by December 1,2013 (contingent on USA scheduling) Completion of Pro ject Qualifications of the Firm ACC is a woman-owned, full-service archaeological consulting firm located in Clayton, North Carolina. We are celebrating our 10-year anniversary this year. Our firm has completed nearly 500 projects. These include assessments and reconnaissances,survey,testing,and data recovery investigations. The survey areas have included small cell tower tracts,corridors,and large land tracts encompassing thousands of acres. ACC's clients include a wide range of private engineering firms and developers, federal agencies (e.g.,U.S. Army Corps of Engineers, U.S. Forest Service), state agencies (e.g., North Carolina Department of 4 c Transportation, North Carolina Fish and Wildlife), and municipalities (e.g., Chatham County, Cleveland County, City of Apex). We have also worked directly for Orange County, having conducted an archaeological investigation of the Carrboro Library tract and the McGowan Sewer Interceptor corridor. Mr. Jeff Thompson served as Orange County Project Coordinator on the library project. Mr.Peter Sandbeek was Project Coordinator for the McGowan Creek project. Additional project details are provided in the Experience Questionnaire attached as Appendix L ACC has completed all projects awarded to it. Work has never been conducted under a performance bond,nor has ACC ever been requested to obtain one. All contractual obligations have been met,and ACC has never been in conflict with a client regarding quality or timeliness of work. ACC maintains all necessary equipment to conduct all levels of archaeological investigations in the Hillsborough Jail tract. This includes all field equipment,including two Trimble Geo XT GPS units,and field vehicles displaying the company name. ACC has all GIS software required to meet the requirements set out in this solicitation,including ARCGIS 9.3 and Pathfinder 5.4. Field Directors are trained in first-aid and all field personnel routinely wear orange safety vests. Full laboratory facilities are maintained in the Clayton office. ACC is also equipped with all necessary computer hard- and software to complete the project documentation and submissions. Personnel Qualifications and Experience All work under this contract will be conducted under the direct supervision of professionals who meet the standards described in the Archaeology and Historic Preservation;Secretary of Interior Standards and Guidelines 1983 and the eligibility criteria for the Register of Professional Archaeologists(RPA). In addition, all work will be conducted in accordance with professional standards and practices of the USFS and the South Carolina Standards and Guidelines for Archaeological Investigations(SCDAH 2009). ACC's staff is comprised of experienced people who excel in their individual roles within the company. Full-time staff members are discussed below and detailed resumes for senior staff are presented in Appendix II. ACC's permanent staff is frequently joined by highly qualified and experienced archaeologists whose expertise is utilized in both the laboratory and the field,as necessary. Ms.Daivrr Reid,RPA (B.S.,University of California,M.A.,University of Georgia)has more than 20 years experience in archaeology and is the principal owner and President of ACC. She has worked extensively in the Southeast,as well as in California,the Southwest,Puerto Rico, and Mesoamerica. She has conducted all levels of archaeological investigations in Alabama,Georgia,North Carolina,South Carolina,Tennessee, and Virginia. Her research interests include prehistoric subsistence patterns and she specializes in the analyses of faunal remains recovered from archaeological sites. She is presently attempting to identify ethnic signatures at tenant farm sites based on data gathered from a number of large-scale surveys conducted in the South Carolina National Forests. Mr.Bobby Southerlin (B.A.,University of South Carolina;M.A.,University of Georgia)is CEO of ACC and has more than 30 years experience in Southeastern archaeology. Mr. Southerlin has participated in and managed all phases of archaeological investigations in Alabama, Georgia, Florida, Louisiana, Mississippi, South Carolina, North Carolina, Tennessee, and Virginia, as well as in Puerto Rico and Scotland. His research interests include prehistoric settlement patterns and technologies. He is a primitive technologist and produces museum-quality reproductions of prehistoric ceramics and stone tools. He is currently pursuing several research avenues, including metavolcanic sources and exploitation in the Uwharrie Mountains. Mr. 5 i i i F I Southerlin serves as Senior Archaeologist and Principal Investigator. Mr. Southerlin will serve as Principal Investigator on this project. Mr.Michael O'Neal,RPA(B.A.,Appalachian State University;M.A.,University of Arkansas)has more than 12 years experience in southeastern archaeology. He has worked in Arkansas, Georgia, Maryland, North Carolina, Oklahoma, South Carolina, Tennessee, and Virginia. Mr. O'Neal has participated in numerous survey and testing projects, as well as serving as Field Director and Project Manager on numerous surveys in North Carolina, Virginia, and South Carolina. His research interests include lithic technology and geographic information systems. GIS courses he has completed include ArcGIS Desktop,Geographic Data, and Geodatabase Data Models. Mr. O'Neal currently holds the position of Senior Archaeologist and will serve in various roles for this investigation including GIS Specialist. Ms. Rachel Tibbetts, RPA (B.A., Yale University; M.A., University of Southampton, England) is Vice President and Laboratory Director and has more than 10 years experience in southeastern archaeology. She brings a wide breadth of experience to ACC. She has formal training in underwater archaeology, as well as having experience both in the United States and Europe in artifact identification, conservation and preservation, and cultural heritage management. Her specialties include historic ceramics and educational dissemination. Ms. Tibbetts has managed the laboratory analysis on more than 250 projects for ACC, including numerous data recoveries and large scale surveys. She also produces report graphics. Ms. Brooke Brilliant, RPA (B.S., College of Charleston; M.A. University of South Carolina) is ACC's Laboratory Supervisor. She has eight years experience in southeastern archaeology and is an active member of the Archaeological Society of South Carolina. Her master's work examined the colonial interactions between Native Americans and African Americans in the South Carolina Lowcountry through an analysis of colonoware and she is pursuing ongoing research into colonoware production. Ms. Brilliant has worked in South Carolina,North Carolina, Florida, Georgia,Alabama, and New Hampshire. She is interested in the African diaspora in the New World, colonial interactions, creolization and ethnogenesis. She will be conducting all laboratory analyses for this project. Conclusion ACC will complete all of the required tasks and will provide a product of the highest quality within the necessary time frame. We appreciate the opportunity to provide this proposal and look forward to furthering our relationship with Orange County. 6 I A� CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 10/25/2013 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 be endorsed. 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