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HomeMy WebLinkAboutOrdinance 3732 ORDINANCE NO. -17 -12 w T' v c r D N m AN ORDINANCE WAIVING THE REQUIREMENTS OF o Z ro FORMAL COMPETITIVE BIDDING FOR A r ` n o r :a 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: ` • 1 By: Fred Hanna, Mayor ATTEST: By: //ifW Sherry L7. Thomas, City Clerk \Iw Grl � • : ,jy 93 62159 ♦y1111 . . JII\\� 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. F8 ette,'' i n c IN Wlrn wtfrn�( t have herouni: l 9 , ia lerc,hy Certify that the antlexe., o t'{:rip.?;,t.,; is Of MOM in iliy rt my hand and affixed the seal of sail Orc! s idd tSS: S21ne appea Cs In Court on the data indicated hereon. part: ; .;r,:%:, .?: EesolZition book O v i l at Pa '" 9= V✓itn"S n,y hen and Alrao Kolimoyor f9,�_;t^. Of jx� circuit Clerk and 9 ,�3 '° &officioRocarder Cloy Cords-Of;lc(o Recorder by - i. roes �e ej sae_ l l - x - 53 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 Doke FkW Phare t Sava HPA43ay d Fgesevnlo pp 1 d 2 Fyn 344ov43 Fr1i ;. • Ibto ..r-.•.�..�+ti r {a08 I Z t ; ld �t • S ' 1 - Iy NOU-01-1993 1653 1 501 575 8257 P . 09 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 .