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HomeMy WebLinkAbout102-95 RESOLUTION• • • • RESOLUTION NO. 102-95 A RESOLUTION APPROVING A CONTRACT, NOT TO EXCEED $35,000, WITH SPEARS, INC. TO PROVIDE ARCHEOLOGICAL SERVICES ASSOCIATED WITH THE MEMORANDIJM OF AGREEMENT RELATING TO FEDERAI GRANT PROJECT AIP NO. 17. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. The Council hereby approves a contract, in an amount not to exceed $35,000, with S.P.E.A.R.S., Inc. to provide archeoligical services associated with the Memorandum of Agreement relating to Federal Grant Project A1P No. 17 and authorizing the Mayor and City Clerk to execute same. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 18th day of July , 1995. ATTEST: 7 L.t(/ By: ;.q r c AW Traci Paul, City Clerk APPROVED: By: Fled Hanna, Mayor EXHIBIT A AGREEMENT TO FURNISH AIRPORT ARCHEOLOGICAL SERVICES TO CITY OF FAYETTEVILLE, ARKANSAS DRAKE FIELD, FAYETTEVILLE MUNICIPAL AIRPORT FAYETTEVILLE, ARKANSAS BASIC AGREEMENT This Agreement made this day of , 1995, between the firm of S.P.E.A.R.S Inc., 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 the proposal submitted and marked "EXHIBIT A", and for the consideration defined in Article 2 herein. ARTICLE 1 The OWNER, having reviewed professional firms in accordance with the requirements 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, i.e., the implementation of the approved Memorandum of Agreement, will be described in this agreement. Additional work will be specified 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 completing the requirements of a Memorandum of Agreement (once executed by all signatory parties). Additional work, if requested and agreed upon by the Federal Aviation Administration, the Arkansas Historic Preservation Program, the Advisory Council on Historic Preservation, and the Owner, will be added to this contract through separate task order. 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 work specified in the MOA, (see "Exhibit B" - MOA). ARTICLE 2 The compensation for services to be provided will not exceed $35,000. Additional work shall be specified in additional task orders, if necessary, and approved prior to any initiation of any additional work. Compensation for additional work will be determined by mutual agreement between the OWNER and the ARCHEOLOGIST and subiect to the applicable regulations and approval of the funding agency. 1 ARTICLE 3 Payment to the ARCHEOLOGIST for services provided as described in "EXHIBIT A" is to be made within 30 days after the date of billing. The amount due will be for services rendered during the previous month, unless prescribed differently in the any additional task order. 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 :Hake 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. 4.3 That, the estimates of cost for the Projects provided for herein are to be prepared by the ARCHEOLOGIST through exercise of his/her experience and judgement in applying presently available cost data. 4.4 That, the ARCHEOLOGIST's Salary Overheads, (if this type of cost breakdown is utilized), are defined as a percentage of wages or salaries of employees working and premiums measured by or applicable at the time of performance to such wages or salaries, such as, but not limited to, Worker's Compensation :nsurance, Social Security, State and Federal unemployment insurance, medical -hospital insurance, salary continuation insurance, pension plan costs, and pro rata allowances for vacation, sick pay, and holiday pay. Direct Salary plus Salary Overhead is defined as Payroll Cost. 4.5 That, the ARCHEOLOGIST's direct expenses are defined as the costs incurred on or directly for the Project, other than the Salary and General Overhead Costs. Such direct expenses shall be computed on the basis of actual purchase price for items obtained from commercial sources and on the basis of usual commercial charges for items provided by the ARCHEOLOGIST. Direct expenses shall include, but not be limited to, necessary transportation costs, including mileage at the ARCHEOLOG:ST's current rate per rr.ile when the ARCHEOLOGIST's own automobiles axe used, meals and lodging, laboratory tests and analyses, and reproduction charges. 2 • • 4.6 That, in soils investigation work and ir. 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. 4.7 That, the ARCHEOLOGIST shall imaintain a level of competency presently maintained by other practicing professional archeologist 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. 4.8 Either party may terminate this Agreement any time by a notice in writing to the other party. If the Agreement is terminated as provided herein, the ARCHEOLOGIST will be paid for services and expenses actually incurred to the termination date; the amount of payment for services 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. 4.9 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, shall be 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. 4.10 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. 4.11 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 or mediation only if both parties hereto specifically agree to the use of arbitration in regard to the individual matter ir. dispute. 4.12 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 .3 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. 4.13 That, visits to the construction site shall be coordinated with OWNER so that an observer appointed by the OWNER may 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/her 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. The ARCHEOLOGIST shall not be responsible for delays caused or created by OWNER. 4.14 That the appointed observer appointed by the OWNER may maintain a diary which should contain daily entries made and signed by the observer. The OWNER will provide ARCHEOLOGIST with a copy of any diary kept on a weekly basis. Each entry should include the following, plus any additional pertinent data: (A) Date and weather conditions. (l3) Names of important visitors. (C) Survey and investigative work in progress and location. (D) Size and names of ARCHEOLOG:ST's work force and equipment ir. use. (E) The substance of important conversations with the ARCHEOLOGIST concerning conduct, progress, changes, test results, interpretations of Specifications or other details. 4.15 That, actual measurements and computations shad be documented in a field notebook or computer printouts retained by the ARCHEOLOGIST for use in report documents. 4.16 That, the ARCHEOLOGIST has the right to subcontract services; however, the OWNER has the right to reject Subcontractors who perform work on the project in excess of $10,000. 4.17 All documents including drawings, specifications, estimates, field notes and other data pertaining to the work or to the project shad become the property of the OWNER and will be 4 curated with the collections with the Arkansas Archeological Survey. Copies of all documents will be provided as required by Federal Grant guidelines as part of the grant documentation and kept on file for no less than three years. The OWNER shall be restricted in the subsequent use of the documents or ideas incorporated in the work as required by the Arkansas Historic Preservation Program. 4.18 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. 4.19 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, cr 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. 4.20 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/she will not discriminate against any employee or applicant for employment because of race, religion, age, color, sex, or national origin. 4.21 In executing this contract the ARCHEOLOGIST acknowledges that he/she has visited the site of the work, that he is familiar with the conditions and characteristics of the site, and that he/she fully understands the nature, extent and character of the project and the time limitations paced thereupon. He/she further states that he/she has discussed the proposed work with the representative of the OWNER. 4.22 The ARCHEOLOGIST hereby assures compliance with the Title V: and DBE requirements set forth in Appendix 1, hereinafter. 4.23 The ARCHEOLOGIST hereby states that he/she has performed work on other projects of a similar nature, and that he/she has the staff and capabilities to perforin the work described herein, in a professional and timely manner. 5 4.24 "Exhibit C", CERTIFICATION OF ARCHEOLOG:ST, is attached to, and made a part of, this Basic Agreement, as required. 4.25 The ARCHEOLOGIST shall provide a five (5) copies of all documents and reports produced to satisfy the needs of the FAA, the OWNER, the ARKANSAS HISTORIC PRESERVATION PROGRAM and any other applicable reviewing agencies. 4.26 That, the ARCHEOLOG:ST will :perform the duties of the "consultant" as set forth .in "A STATE PLAN FOR THE. CONSERVATION OF ARCHEOLOG_CAL RESOURCES IN ARKANSAS". ARTICLE 5 IN WITNESS WHEREOF, the parties hereto each herewith subscribe the same in triplicate. ATTEST: ' ATTEST: ,A-414/44 FOR CITY OF FAYETTEV:LLE ARKANSAS By: !LJJ.(. /4-A / • Fre 11,E-•. Hanna Mayor FOR SPEARS, Inc. By: el -P3 Carol Spears President 6 EXHIBIT C TO BASIC AGREEMENT BETWEEN OWNER AND ARCHEOLOGIST FOR PROFESSIONAL SERVICES, DATED CERTIFICATICN OF ARCHEOLOGIST (/YJ I hereby certify that I am the President and duly uthorized representative of the firm of S.P.E.A.R.S., Inc., whose address is 14007 S. Hwy 170, West Fork, Arkansas, 72774 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 subect to applicable state and federal laws, both criminal and civil. (Date) (Signature) APPENDIX 1 - CONTRACTOR CONTRACTUAL REQL1REMENTS 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. Ir. 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. 4 Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor of the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, 'and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to - (a) withholding of payments to the contractor under the contract until the contractor complies, and/or (b) cancellation, termination, or suspension of the contract, in whole or in part. 6 Incorporation of Provisions. The contractor shall include the provisions of paragraphs through 5 in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction., the contractor may request the sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interest of the United States. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ASSURANCES Policy. It is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. 2. DBE Obligation. The contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed .in whole or in part with Federal funds provided under this agreement. Ir. this regard, all contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensu=e that disadvantaged business enterprises have the maximum opportunity to compete for and ;.perform contracts. Contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. STAFF REVIEW FORM • • AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of r./a FROM: Dale Frederick Airport Div_sior. Name ACTION REQUIRED: Request review and approval of Task Order #1 to a contract with SPEARS, Inc. for additional work in identification of an unknown feature t for is ainotvtoe exceednfigure lofe$3,0001in. accordancen. The with the sratestquoted ional wik in the original proposal. --- General Gvmt. Department COST TO CITY: $ 3,000 Cost of this Request 5550-3960-7820.17 Account Number 93074-0001 Project Number 994,443 Taxiway Ext/Clearing/Drainage Category/Project Budget Category/Project .Name $ 943,643 Capital Funds used to date Program Name $ 50,800 Airport Remaining Balance Fund BUD ET EVIEW: X Budgeted Item __ Budget Adjustment Attached B dg n e Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: /I ;1 Accouv/ng -Manager Date 4 Cit Attorney c Purchasing Officer /0 2->y Date io -a-a5 Date GRANTING AGENCY: A Coordinator r- % ti A TO i4erral Auditor Date ?IC -2-1/5— Date q5Date STAFF RECOMMENDATION: Staff Recommends Division Head Departmer> Director vices Director Mayor Approval 9/25/95 Date Date Date I'D- a 5 Date Cross Reference New Item: Yes No Prev Ord/Res#: Orig Cont. Date: FIE CITY CF FAYETTEVILLE ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Contract Review Personnel FROM: Dale Frederick, Airport Manage DATE: September 25, 1995 SUBJECT: APPROVAL OF TASK ORDER 41 FOR ADDITIONAL WORK WITH SPEARS, INC. • Attached please find one original Task Order #1 with SPEARS, Inc. for additional work relating to the Stelle Cemetery Site. As required by the Memorandum of Understanding executed by all parties, the site is to be fully investigated and documented. This work will cover additional expenses required for the investigation of an unknown feature discovered at the site. The compensation for this work will not exceed $3,000 and will be paid based on the hourly rates contained in the proposal. This expense will be partially funded by Federal Grant AIP #17. Should you have any questions, please do not hesitate to contact this office. Attachments: Review Form One original Task Order #1 PROFESSIONAL SERVICES SUPPLEMENT TASK ORDER #1 TO A CONTRACT W1TH SPEARS. INC. In accordance with the AGREEMENT dated July 18. 1995. between the City of Fayetteville and SPEARS. Inc. for archeological services associated with the SteIle Cemetery Site, authorization is given to proceed with Additional Services as provided for in Article 2 of the contract. The work authorized follows: Task Order kl for: Exposing and recording of a mass of cobbles discovered at the site while probing for cemetery head and foot stones. Work shall include a determination of the feature's size and cultural affiliation. This was a unknown feature and is outside the scope and funds provided for in the current contract. The following adjustments shall be made to compensation: A fee not to exceed $3.000. to be paid based on the hourly rales contained in the proposal. This shall include any curation and materials that may be required in the investigation of the feature. This investigation is a requirement of the Memorandum of Agreement executed by the parties to determine the contents and size of the site. TIME: The additional work should not take longer than 5 working days. SUBMITTED BY: AUTHORIZATION 1S GIVEN BY: Carol S. Spears, Pres./Spears Inc. DATE: Fred Hanna, Mayor DATE: /O - ' %�