HomeMy WebLinkAboutOrdinance 3732 ORDINANCE NO. -17 -12 w
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AN ORDINANCE WAIVING THE REQUIREMENTS OF o Z ro
FORMAL COMPETITIVE BIDDING FOR A r ` n o
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RECONNAISSANCE SURVEY AND/OR TESTING TO ; c
DETERMINE THE EXTENT OF A GRAVEYARD AND/OR < C C>
ARCHEOLOGICAL SITE NEAR THE GREENLAND o ^O
ELEMENTARY SCHOOL AND ADOPTING THE ro o
un
PROCEDURES REQUIRED UNDER THE FAA'S SMALL
PROCUREMENT PRACTICES POLICY FOR SUCH
SERVICES .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS :
Section 1 . The City Council hereby waives the requirement of formal competitive
bidding for reconnaissance survey and/or testing to determine the extent of a graveyard and/or
archeological site near the Greenland Elementary School for the reason that said requirements
are neither practical nor feasible as the amount of time necessary to follow the City's purchasing
and procurement policy would result in a lengthy and costly delay in the airport improvement
project.
Section 2. The City Council authorizes and adopts the FAA's small procurement
practices for the selection of such services.
PASSED AND APPROVED this 19th day of October 1993 .
APPROVED: `
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By:
Fred Hanna, Mayor
ATTEST:
By: //ifW
Sherry L7. Thomas, City Clerk
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Is Alma Kolimayar, Circuit Clerk and
a-officio Rocarder for Washington Cour.
CEIt17FICATF OFRECORD Arkansas, do hereby certify that this tn•
s;rument was filed for record in my offic^
State Of Arlh-,"-:i1, ( u indicated hereon and th3 same is M • .
City Of Fay . ,-11! vi n t SS duly recorded with f.'tia ocknowledgemen
herr i : r, ' and cenificatu thcreoo to Record Book on,
y vws, Csty Clerk and Ex-
ffiefo r'e:';; i't;er for the City Of Page as indicamd thereon.
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AGREEMENT TO FURNISH AIRPORT ARCHEOLOGICAL
SERVICES TO CITY OF FAYETTEVILLE , ARKANSAS
DRAKE FIELD , FAYETTEVILLE MUNICIPAL AIRPORT n
FAYETTEVILLE , ARKANSAS
Ci/S�e'G
BASIC AGREEMENT
This Agreement made this 3rd day of November 1993 ,
between the firm of HISTORIC PRESERVATION ASSOCIATES , hereinafter
referred to as the ARCHEOLOGIST , and the CITY OF FAYETTEVILLE ,
ARKANSAS , hereinafter referred to as the OWNER , wherein the
ARCHEOLOGIST agrees to provide certain professional services as
defined in " EXHIBIT All and for the consideration defined in Article
2 herein .
ARTICLE 1
The OWNER , having reviewed professional firms in accordance
with the SMALL PROCUREMENT PROCEDURES as established in Advisory
Circular 150/ 5100 - 14C for providing airport archeological services ,
has selected the ARCHEOLOGIST to provide said services to the
OWNER . These services , will be described in this agreement .
Additional work may be specified by Task Orders after execution by
both parties to the Agreement .
The services provided by the ARCHEOLOGIST are anticipated to
include but not necessarily be limited to studies , investigations ,
reports , preparation of drawings and specifications , as are normal
and customary. in Phase I reconnaissance surveys . Additional Phases
of Study , if requested and agreed upon by the Federal Aviation
Administration , the Arkansas Office of Historic Preservation , and
the Owner , will be added to this contract through separate task
orders ( so long as they do not exceed the Small Procurement
Guideline for allowable cost ) . The services will also include all
necessary coordination to seek and receive report approval from all
pertinent reviewing agencies , and shall be in such a format as to
satisfy these agencies . Services during this Phase shall be
limited to the construction related areas for the extension„qf west
side parallel taxiway ; blast pads at each end of the runway ; .land
acquisition and avigation easements/relocation and removal and
obstruction removal areas as indicated on the map marked " EXHIBIT
B " . The detailed scope of Phase 1 services in contained . in
attached " EXHIBIT All ,
ARTICLE 2
In consideration of the performance of the services contained
in attached Exhibit A . , shall be at a cost not to exceed $ 8 . 000 .
Additional work , if required , will be added to this contract
through separate task orders , the consideration for which will be
determined by mutual agreement between the owner and the
archeologist and subject to the applicable regulations and approval
1
of the funding agency ( s ) . Under no circumstances will the cost of
the contract and additional task orders exceed the Small
Procurement Guideline for allowable cost .
ARTICLE 3
Payment under this agreement shall be made monthly based upon
unit prices of services provided and/or a pro rata share of lump
sum fees based on the percentage of services completed as
calculated by the ARCHEOLOGIST and verified by the OWNER . The
amount due will be for services rendered during the previous month
and payment shall be made within thirty ( 30 ) days after the date of
the billing .
ARTICLE 4
It is further mutually agreed by the parties hereto :
4 . 1 That , the OWNER will designate a representative to direct and
coordinate the ARCHEOLOGIST ' s efforts who will be the only
source of instructions to the ARCHEOLOGIST and who shall have
the authority to interpret the OWNER ' s policy as necessary to
maintain the ARCHEOLOGIST ' s work schedule , administer the
Agreement , and certify the ARCHEOLOGIST ' s payment request .
4 . 2 That , the OWNER shall make available to the ARCHEOLOGIST all
technical data in the OWNER ' s possession , including maps ,
surveys , borings , and other information required by the
ARCHEOLOGIST and relating to his work .
4 . 2 . 1 That the . OWNER shall provide backhoe equipment and an
operator for deep testing work by ARCHOEOLOGIST .
4 . 3 That , in soils investigation work and in determining
subsurface conditions for the Project , the characteristics may
vary greatly between successive test points and sample
intervals . The ARCHEOLOGIST will perform this work in
accordance with generally accepted professional archeological
practices and makes no other warranties , expressed or implied ,
as to the professional advice provided under the terms of this
Agreement .
4 . 4 That , the ARCHEOLOGIST shall maintain a level of competency
presently maintained by other practicing professional
archeologists in the same type of work in the southeastern
United States , for the professional and technical soundness
and accuracy of all survey and investigative work , drawings ,
specifications , report writing and other work and materials
furnished under this Agreement .
4 . 5 Either party may terminate this Agreement at any time by a
notice in writing to the other party . If the Agreement is
2
terminated as provided herein , the ARCHEOLOGIST will be paid
for services actually performed ; the amount of said payment
shall bear the same ratio to the total compensation specified
in the executed task orders as the services actually performed
bear to the total services of the ARCHEOLOGIST covered by this
executed agreement and any executed task orders , less payments
of compensation previously made .
4 . 6 The OWNER may , from time to time , request changes in the scope
of the services of the ARCHEOLOGIST to be performed hereunder .
Such changes including any increase or decrease in the amount
of the ARCHEOLOGIST ' s compensation , which are mutually agreed
upon by and between the OWNER and the ARCHEOLOGIST , shall be
incorporated in written amendments to this Agreement and
subject to the approval of the funding agency .
4 . 7 That , the OWNER , shall pay for all costs of publishing
advertisements for bids and for obtaining permits and licenses
that may be required by local , State , or Federal authorities
and shall secure permission to access any necessary land ,
easements or rights -of-ways as required by the ARCHEOLOGIST .
4 . 8 That , all claims , counter-claims , disputes and other matters
in question between the OWNER and ARCHEOLOGIST arising out of
or relating to this Agreement or in the breach thereof will be
decided by arbitration only if both parties hereto
specifically agree to the use of arbitration in regard to the
individual matter in dispute .
4 . 9 That , in the event of any legal or other controversy requiring
the services of the ARCHEOLOGIST in providing expert testimony
in connection with the Project , except suits or claims by
third parties against the OWNER arising out of errors or
omissions of the ARCHEOLOGIST , the OWNER shall pay the
ARCHEOLOGIST for services rendered in regard to such legal or
other controversy , on a basis to be negotiated .
4 . 10 That , visits to the construction sites shall be coordinated
with OWNER so that an observer appointed by the OWNER can
accompany the ARCHEOLOGIST during all on site work inside the
security fence to assure the safety of the ARCHEOLOGIST and
ensure conformance with the intent of the Contract Documents .
This shall not relieve the ARCHEOLOGIST of his full
responsibility for all survey , investigation , methods ,
techniques , sequences , and procedures necessary for
coordinating and completing all portions of the work under the
contract and for all safety precautions incidental thereto .
4 . 11 That , actual measurements and computations shall be documented
in a field notebook or computer printouts retained by the
ARCHEOLOGIST for use in report documents .
3
4 . 12 That , the ARCHEOLOGIST has the right to subcontract services
with prior written consent of the owner .
4 . 13 All documents including drawings , specifications , estimates ,
field notes and other data pertaining to the work or to the
project shall become the property of the OWNER . The OWNER
shall not be restricted in the subsequent use of the documents
or ideas incorporated in the work . However , the ARCHEOLOGIST
shall bear no responsibility for such reuse of the
documentation unless specifically agreed to in writing .
4 . 14 That , this Agreement is to be binding on the heirs ,
successors , and assigns of the parties hereto and is not to be
assigned by either party without first obtaining the written
consent of the other .
4 . 15 It is further agreed that the OWNER , the Federal Aviation
Administration , the Comptroller General of the United States ,
or any of their duly authorized representatives , shall have
access to any books , documents , papers , and records of the
ARCHEOLOGIST which are directly pertinent to the work
hereunder , for the purpose of making audit , examination
excerpts and/or transcriptions . Records under this Section
shall be maintained and made available during performance on
FAA grant work under this Agreement and until three years from
date of final FAA grant payment for the project . In addition ,
those records which relate to any " dispute " appeal under an
FAA grant agreement , or litigation , or the settlement of
claims arising out of such performance , or costs or items to
which an audit exception has been taken , shall be maintained
and made available until three years after the date of
resolution of such appeal , litigation , claim or exception .
4 . 16 In accordance with Executive Order 11246 , entitled " Equal
Employment Opportunity " , as amended by Executive Order 11375 ,
and as supplemented in Department of Labor Regulations , the
ARCHEOLOGIST agrees that he will not discriminate against any
employee or applicant for employment because of race ,
religion , age , color , sex , or national origin .
4 . 17 In executing this contract the ARCHEOLOGIST acknowledges that
he has visited the site of the work , that he is familiar with
the conditions and characteristics of the site , and that he
fully understands the nature , extent and character of the
project and the time limitations placed thereupon . He further
states that he has discussed the proposed work with the
representative of the OWNER .
4 . 18 The ARCHEOLOGIST hereby assures that he has and will comply
with the Title VI and DBE requirements set forth in Appendix
1 , hereinafter .
4
4 . 19 The ARCHEOLOGIST hereby states that he has performed Phase I
reconnaissance survey work on previous airport projects , as
well as other projects of a similar nature , and that he has
the staff and capabilities to perform the work described
herein , in a professional and timely manner .
4 . 20 " Exhibit C " , CERTIFICATION OF ARCHEOLOGIST , is attached to ,
and made a part of , this Basic Agreement , as required .
4 . 21 The ARCHEOLOGIST shall provide a sufficient number of all
documents and reports produced to satisfy the needs of the
FAA , the OWNER , the ARKANSAS OFFICE OF HISTORIC PRESERVATION
and any other applicable reviewing agencies .
4 . 22 That , the ARCHEOLOGIST will perform the duties of the
" consultant " as set forth in "A STATE PLAN FOR THE
CONSERVATION OF ARCHEOLOGICAL RESOURCES IN ARKANSAS " .
ARTICLE 5
IN WITNESS WHEREOF , the parties hereto each herewith subscribe
the same in triplicate .
CITY OFF�'�I E , ARKANSAS
By :
Fri Hanna , Mayor
ATTEST :
:i
Sherry L . h� omas , City Clerk
FOR HISTORIC PRESERV T ON ASSOCIATES
( Title)
ATTEST :
5
EXHIBIT A
SCOPE OF WORK
Phase I Cultural Resources Survey
City of Fayetteville - Drake Field
Washington County, Arkansas
This Scope of Work between the firm of HISTORIC PRESERVATION ASSOCIATES,
hereinafter referred to as the ARCHEOLOGIST, and the CITY OF FAYETTEVILLE,
ARKANSAS, hereinafter referred to as the OWNER, wherein the ARCHEOLOGIST agrees to
perform professional services as defined below and for the consideration defined in Article 2 of
the BASIC AGREEMENT,
GENERAL GUIDELINES
PHASEISURVEY
Phase I work efforts will be accomplished by the ARCHEOLOGIST in accordance with
the guidelines presented in Appendix B of A State Plan for the Conservation of Archeological
Resources in Arkansas (1982). Proposed OWNER improvements at Drake Field are situated in
an area of diverse topography characterized by valley bottoms and prominent terrace edges.
Because not all of these topographic settings are equally likely to contain cultural resources, field
methods may vary as the probability decreases that cultural resources will occur.
Phase I field work will be performed by the ARCHEOLOGIST according to the guidelines
set forth at pages B-3 through B-9 of the State Plan and will include:
• records checks, literature search and interviews with local residents and professionals who may have
knowledge about cultural resources within the project area
• intensive surface survey with shovel testing as required by surface visibility to allow a reasonable
opportunity that surface or subsurface deposits are detected
• recording of all prehistoric and historic archeological sites on forms published by the Arkansas
Archeological Survey and curated by the Office of the State Archeologist
• collection of all diagnostic artifacts sod a sample of other artifacts along with an assessment of site
size and general site characteristics for each newly recorded cultural resource
• preparation of a sketch map for each newly recorded cultural resource
• location of each recorded cultural resource on OWNER-provided base maps or plans
• a preliminary geomorpbological review
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EXHIBIT A
• areas along the terrace edge in the southern part of the project where deeply buried sites could occur
may require the excavation of backhoe trenches as a supplementary site detection method - OWNER
to provide backhoe equipment and operator for this task
• all grave markers at the Stelle Cemetery are to be left in place
Phase I report preparation and recommendations for Phase II assessments (where
necessary) will be performed by the ARCHEOLOGIST according to guidelines set forth at pages
B-15 through B-20 of the State Plan.
SPECIFIC ISSUES
TAXIWAY BRAVO EXTENSION
It is recognized that special safety concerns are associated with parts of the proposed
improvements at the north end of the airport in the area of the Taxiway Bravo Extension parallel
to Runway 16. Phase I efforts will first focus on this area of the project with a management
summary being prepared by ARCHEOLOGIST in sufficient detail to secure SHPO clearance.
This result should allow the proposed OWNER improvements to proceed and thereby insure
continued safe operation of airport activities.
STELLE CEMETERY
The Stelle Cemetery and the Stelle I prehistoric site located on the same landform will be
recorded as new sites with the Office of the State Archeologist Site boundaries will be estimated
by surface review and by limits based on topographic characteristics. Stelle Cemetery is a likely
candidate for the National Register of Historic Places and as such must be treated as a significant
property. No collections, excavations or other activity will take place at this site.
PROJECT OBSERVER
A project observer trained in airport safety procedures will be assigned by the OWNER to
the ARCHEOLOGIST field team when field activities occur within the security fence. This
OWNER observer will be assigned by the airport and said observer, while accompanying the
ARCHEOLOGIST field team, will not hinder to otherwise interfere with the ARCHEOLOGIST
field team efforts.
PROJECr SCHEDULE
Work Task Days from Notice to Proceed
Management Summary for Taxiway Bravo Extension 2
Management Summary for Total Project 14
Draft Phase I document for SBPO review 30
Final Phase I document 10 days after SF1P0 review
Dake Field Ftuae I Survey HPACby or FayetWAHv pane 2 or 2 pada 3-Nev-93
EXHIBIT C TO BASIC AGREEMENT
BETWEEN OWNER AND ARCHEOLOGIST
FOR PROFESS ONAL SERVICES ,
DATED /A 33
CERTIFICATION OF ARCHEOLOGIST
I hereby certify that I am the owner and duly authorized
representative of the firm of Historic Preservation Associates ,
Inc . , whose address is P . O . Box 1064 , Fayetteville , Arkansas ,
72702 and that neither I nor the above firm hereby represented has :
a . employed or retained for a commission , percentage ,
brokerage , contingent fee , or other consideration ,
any firm or person ( other than a bona fide employee
working solely for me or the above consultant ) to
solicit or secure this contract .
b . agreed , as an express or implied condition for
obtaining this contract , to employ or retain the
service of any firm or person in connection with
carrying out the contract , or
C . paid or agreed to pay any firm , organization , or
person ( other than a bona fide employee working
solely for me or the above consultant ) any fee ,
contribution , donation , or consideration of any
kind for , or in connection with , procuring or
carrying out the contract .
I acknowledge that this certificate is to be furnished to the
Federal Aviation Administration of the United States Department of
Transportation , in connection with this contract involving
participation of Airport Improvement Program ( AIP ) funds and is
subject to applicable state and federal laws , both criminal and
civil .
( Date ) ( natu e )
6
APPENDIX I - CONTRACTOR
CONTRACTUAL REQUIREMENTS
TITLE VI ASSURANCES
During the performance of this contract , the contractor , for
itself , its assignees and successors in interest ( hereinafter
referred to as the " contractor " ) agrees as follows :
1 . Compliance with Regulations . The contractor shall
comply with the Regulations relative to
nondiscrimination in federally assisted programs of
the Department of Transportation ( hereinafter ,
" DOT " ) Title '49 , Code of Federal Regulations , Part
21 , as they may be amended from time to time ,
( hereinafter referred to as the Regulations ) , which
are herein incorporated by reference and made a
part of this contract .
2 . Nondiscrimination . The contractor , with regard to
the work performed by it during the contract , shall
not discriminate on the grounds of race , color , or
national origin in the selection and retention of
subcontractors , including procurement of materials
and leases of equipment . The contractor shall not
participate either directly or indirectly in the
discrimination prohibited by section 21 . 5 of the
Regulations , including employment practices when
the contract covers a program set forth in Appendix
B of the Regulations .
3 . Solicitations for Subcontracts , Including
Procurement of Materials and Equipment . In all
solicitations either by competitive bidding or
negotiation made by the contractor for work to be
performed under a subcontract , including
procurement of materials or leases of equipment ,
each potential subcontractor or supplier shall be
notified by the contractor of the contractor ' s
obligations under this contract and the Regulations
relative to nondiscrimination on the grounds of
race , color , or national origin .