HomeMy WebLinkAbout2009-091 - Renner Brenner improvements7"~
BILL NO.2009-91 ORDINANCE NO.2009-91
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
FOR ARCHAELOGICAL SERVICES WITH SCI ENGINEERING, INC. FOR RENNER
BRENNER PARK IMPROVEMENTS
WHEREAS, the City of Riverside, Missouri ("City") has received qualifications for
azchaeological examination services and engaged in negotiations with SCI Engineering, Inc.
("SCI") for provision of archaeological examination services related to the Renner Brenner Park
playground improvements under consideration by the City (the "Services").
WHEREAS, the City and SCI have reached an agreement concerning the provision of
and payment for such Services.
NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside,
Missouri, as follows:
Section 1. This Ordinance is intended and is hereby determined and declared to be necessary to
accomplish and serve the public purpose of enhancing and improving Renner Brenner Park while
protecting any archaeologically significant materials and features.
Section 2. The City of Riverside shall enter into an agreement whereby SCI shall provide
archaeological examination services, related to the Renner Brenner Park playground
improvements, to the City at a total cost of $12,000.00 (the "Agreement").
Section 3. The execution and delivery of the Agreement, in substantially the form attached
hereto as Exhibit A, is approved, and the Mayor is authorized to execute the Agreement and to
take such other actions reasonably necessary to carry out the intent of this Ordinance on behalf of
the City, the execution of the Agreement being conclusive evidence of such approval.
Section 4. The Mayor, the City Administrator, the City Attorney and other appropriate City
officials are hereby authorized to take any and all actions as may be deemed necessary or
convenient to carry out and comply with the intent of this Ordinance and to execute and deliver
for and on behalf of the City all certificates, instruments, agreements and other documents, as
may be necessary or convenientto perform all matters herein authorized.
Section 5. This Ordinance shall be in full force and effect from and after its passage and
approval. ~7~
Passed this / day o , 2009.
ATTE :!
i
Ci Clerk
Mayor Kathleen L. Rose
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June 25, 2009
Mr. Michael Duffy
City of Riverside
2950 North West Vivion Road
Riverside, Missouri 64150
RE: Proposal for Archaeological Excavation
Renner Brenner Pazk
Riverside, Missouri
SCI No. 2009-0387.40
Dear Mr. Duffy:
SCI ENG(NEERNVGE INC.
[ONSULTANTS IN DEVELOPMENT,
DESIGN RND CONSTRUCTION
GEOTECNNICnt
FNL"120NMENTAt
NAlU2A1 RESOURCES
CULlU2Al FFSL)U2CE5
CONTT2UC lIpN TERNCET
SCI Engineering, Inc. (SCI) is pleased to submit this proposal to perform archaeological excavations at
the above-referenced project area. The purpose of SCI's excavations will be to identify, to the extent
possible, any azchaeological materials and features within the project area. Once identified, SCI will
excavate, at the direction of the city, all archaeological materials and features. This will be accomplished
by performing field excavation. Laboratory analysis of collected artifacts, reporting, and preparation for
curation of artifacts, will be covered in a separate proposal pending the outcome of the excavations.
Details of these activities are presented herein.
SCOPE OF SERVICE
Excavation
Site 23PL1 is one of the most significant azchaeological sites in the state of Missouri. This site is known
as the Type-site for the well known cultural entity called the Kansas City Hopwell.
This Middle Woodland cultural entity is well know for its ties with Illinois, Wisconsin, and Ohio.
Hopewell groups live throughout the region between Kansas City and Ohio utilizing similaz material
culture and cultural lifeways. One of the most famous representations of the Hopewell cultural are the
Effigy Mounds in Ohio. The specific significance of 23PL1 lies in the fact that this is the first site
recorded for the Kansas City Hopewell and/or the fact that nationally and internationally renowned
archaeologists have excavated within the site between the 1920s and the 1960s. An azgument could be
made that the national register status of this site be modified to also include the fact that these famous
archaeologists worked on the site. Regardless, far any activity that occurs within this azchaeological site,
there is a high probability that this activity will be noticed and monitored closely by local and regional
archaeologists concerned with any damage that could be done to the azchaeological resources of this very
important site. With the significance of this site in mind, SCI is proposing three different methods to deal
with the playground and pazking lot project.
SCI will perform field work in accordance with the Secretary of the Interior's Standards and Guidelines
for Ident~catlon of Archaeological Resources (48 FR 44720-23), and will take into account established
National Pazk Service and SHPO survey guidelines. Excavation methods will depend upon the type and
size of the cultural resource located within the proposed playground area There are three proposed
methods of dealing with the archaeological materials within the project area. The first method would be
130 PoMH Wes[ Boulevartl, Sc Uartes. Mlszourl 6330 i • phone 636-949-BZ00 • faz 636A49-8269 • www.sclengineeAng.com
Mr. Michael Duffy 2 June 25, 2009
City of Riverside SCI Na. 2009-0387.40
to hand excavate the entire 60x90 foot project azea This would involve a significant amount of 6me with
a lazger crew. The result would be a significantly higher fee associated with this work because hand
excavation is fime consuming. The second method would be to perform a small number of hand
excavated one meter by one meter units in various locations within the project area. This would serve as
a baseline for understanding the contextual issues within the project azea prior to using mechanical means
to remove the old plow zone. SCI would propose excavating three to five Ixl meter units and then use
mechanical means to remove the plow zone from the remaining portions of the project area. The third
method is to remove the plow zone from the entire project azea in thin layers by mechanical means. Each
layer will be closely monitored by the archaeological crew and all artifacts would be removed as located.
If significant artifact concentrations are located, or azchaeological features aze located, the mechanical
excavation would be used to define these and then it would be stopped. From this point, all significant
artifact concentrations and archaeological features would be hand excavated. This third method will take
the least amount of time but runs the risk of damaging intact cultural resources until such time as they are
identified by the crew.
Method one is the most archaeologically sound method of dealing with a site with this level of
significance. However, costs for this method of f eldwork would be approximately $30,000.00 or more.
The second method is a compromise between methods one and three and gives the azchaeological crew
the ability to understand what is in the ground before mechanical means are introduced to the site.
This method is SCI's recommended method far this project. The third method is a method used
frequently by archaeologists in areas where the ground has been previously plowed for agricultural
purposes. This method assumes that the plow zone has been disturbed to a point where all context
between azchaeological materials has been lost. This method takes the least time and has the least
expense of the three methods.
Archaeological Monitoring
SCI understands that the existing playground equipment will be removed and this area will be included in
a parking lot expansion. SCI will provide archaeological monitoring (one azchaeologist) for the
construcflon activity within this area. This portion of the proposal is at the request of the City of
Riverside to provide monitoring. Should significant archaeological materials or features be located
during construction activities of the parking lot expansion, SCI will be prepazed to perform excavation.
SCI understands that the construction activity will last approximately two weeks.
Cultural Resource Management Pfau
SCI will provide, at the client's request, a cultural resource management plan for the Renner Brenner Park
and site 23PL1, in general. SCI understands that the archaeological site boundaries include areas outside
of the pazk property, but which are owned by the City of Riverside. This plan will include information
about the azchaeological site and methods in which to deal with the cultural materials for any future
projects conducted the City within the site boundaries. This type of plan can be kept on file by the City
and used as a reference for any future work.
Laboratory and Reporting
Laboratory work is a necessary component of an azchaeological project. This proposal will include costs
for excavation, monitoring, and the cultural resource management plan only. Therefore, laboratory work
and reporting costs will be dealt with in a separate proposal.
Mr. Michael Duffy
City of Riverside
Timeframe
June 25, 2009
SCI No. 2009-0387.40
SCI can commence fieldwork, starting July 13, 2009, assuming acceptance for the project is received by
July 9, 2009. The timeframe for method one would be approximately two weeks. The umeframe for
method two would be approximately five working days. The timeframe for method three would be
approximately two working days. All timeframes aze subject to change based upon the number and type
of azchaeological materials encountered within the project azea. This time frame will hold true for a
period not to exceed two weeks from the date of this proposal.
SERVICE FEE
Estimated cost of services for the three methods are as follows:
• Method one .................................................................... approximately $30,000.00
• Method two .................................................................... approximately $15,000.00
• Method three .................................................................... approximately $8,500.00
• Management Plan ................................................
$3,500.00
Archaeological monitoring - on a time and materials basis not to exceed $13,500.00. Costs for artifact
analysis and report preparation will be covered under a sepazate proposal after the fieldwork is complete.
ACCEPTANCE
If the work order outlined herein is acceptable, please provide formal authorization to proceed by
completing, signing, and returning the enclosed Acceptance of Proposal for Professional Services.
This sheet provides important information regazding report distribution and invoicing.
Formal authorization is necessary prior to initiation of the activities outlined herein. SCI services will be
performed for the signatory of the enclosed form, and their lender (if applicable). Written consent must
be provided by SCI should anyone other than the client (signatory) wish to excerpt, or rely on, the results
of our activities. The enclosed General Terms and Conditions will also apply to any future services you
authorize for this project.
Thank you for the opportunity to submit this proposal. If you have any questions regarding this proposal,
or desire to modify the proposed scope, please do not hesitate to call.
Respectfully,
SCI EN/GINE.E.-RING, INC.
Steve J. Dasovich, Ph.D.
Head, Cultural Resource Services
SJD~sg
Enclosure
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ACCEPTANCE OF PROPOSAL FOR PROFESSIONAL SERVICES
Project Name: Renner Brenner Pazk - Archaeoloeical Excavation
Project Number: 2009-0387.40 / SJD
Date: June 25.2009 _
Fee: As detailed in the attached orooosal
Please provide formal authorization to proceed by completing, signing, and returning this form. The attached terms
and conditions will apply to the services outlined in the accompanying proposal.
Accepted By: / /~ ~i{ ,~,/ j~~
Name and Title:./ ir`h_ L • ~aSL~ Adclfes~ z9JD hl.~ ~l~/j//DI'L /ld•
Signature: ll~r-~ 4~~_.~__T „~~Cit~>State,Zip: ~l /t r.5/ // (O ~ ~~~SD
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Company Name:~~ /rY5/~ Telephone: 8~~1 ~hY-~q9~
Date: /' / ~9
Party responsible for payment: (if different than Accepted By)
Name and Title:
Signature:
Company Name:
Date:
Address:
Report Distribution (Note: Additional report copies after final submittal will be billed at $25.00 each)
Company Name: Address: No. Reports
NOTICE TO OWNER: (FOR SITES IN MISSOURI ONLY)
FAILURE OF THIS CONTRACTOR TO PAY THOSE PERSONS SUPPLYING MATERIAL OR
SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN THE FILING OF A MECHANIC'S
LIEN ON THE PROPERTY WHICH IS THE SUBJECT OF THIS CONTRACT PURSUANT TO
CHAPTER 429.RSMo. TO AVOID THIS RESULT YOU MAY ASK THIS CONTRACTOR FOR LIEN
WAIVERS^ FROM ALL PERSONS SUPPLYING MATERIAL OR SERVICES FOR THE WORK
DESCRHiED IN THIS CONTRACT. FAILURE TO SECURE LIEN WAIVERS MAY RESULT IN YOU
PAYING FOR LABOR AND MATERIAL TWICE.
SCI ENGINEERING, INC.
I s i'c u x ~{ct
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GENERAL TERMS AND CONDITIONS
1. ACCEPTANCE OF AGREEMENT The [ertns and
conditions of the agreement between the client and SCI
ENGINEERING, INC. (hereinafter called SCI) are detailed below
and have been established m allocate risks between both. For the
purposes of convenience, the client may choose [o orally authorize
our service, in vvhich case the client agrees that the verbal
agrcemrnt constitutes Formal acceptance of the terms and
conditions detailed below. Subsequent to an agreement by both
parties to perform [he services, modifications to [he terms and
conditions are prohibited.
2. SITE ENTRY You, the Client, will provide for right
of entry of SCI or employees of firms working under the direction
of SCI, and all necessary equipment, in order to perform the work.
Although SCI will exercise reasonable care in performing ifs
services, [he Client understands that use of testing or other
equipment may unavoidably cause some damage, [he corection of
which is not part of this agreement The client agrees, to the fullest
extent permitted by law, to indemnify and hold harmless SCI and
its subconsultanfs against any damages, liabilities, or costs, arising
or allegedly arising from procedures associated with testing or
investigative activities. If you desire or require us to restore [he
site to its former condition, upon written request, we will perform
such additional work as is necessary and you agree [o pay all cosh
incured.
3. SUBSURFACE STRUCTURES OR UTILITIES
The Client will famish to SCI information identifying the type and
location of utility lines and other man-made objects beneath the
site's surface. SCI will take reasonable precautions to avoid
damaging these man-made objects . You agree to waive arty claim
against SCI, and [o defend, indemnify and hold SCI harmless from
any claim or liability for injury or loss allegedly arising from SCI's
damaging underground utilities or other man-made objects that
were no[ called [o SCI's attentioq m which were not properly
located on plans famished to SCI.
4. SAMPLES Soil, rock, water, or other samples
obtained from the project site are your property. SCI shall
preserve such samples for no longer than thirty (30) calendar days
after The issuance of any document thaz includes the data obtained
from them, unless other mutually agreed arangemen[s arc
documented.
Concrete test specimens will be discarded after testing.
If projcet specificazion strengths are met, "hold" cylinders will be
discarded a[ that time.
If in SCI's opinion any of [he samples collected may be
affected by regulated contaminants, SCI shall package such
samples in accordance with applicable law and client shall arrange
for lawful disposal procedures. SCI shall not, trader this
agreement, arrange far or be responsible for [he disposal of
substances affected by regulated contaminants. Furthermore,
unless detailed in a specific work scope, SCI is not responsible for
any soil cuttings or produced groundwater generated for the
purpose of sample collection that may be affected by regulated
wntaminants that are left at a job site and were generated for the
collection of soil and goundwa[er samples. SCI will, at We
client's request, help the client identify appropriate alternatives for
the off-site treatment, storage, or disposal of these materials, for
additional fees.
5. GENERAL LTABILCTY AND LIMITATION
SC[ ogees to hold you harmless and m indemnify you on account
of any liability rice to bodily injury or property damage arising
directly out of our negligent operational acts, but such hold
harmless and indemnity will be limited to that covered by oar
comprehensive general liability insurance. Our general liability
insurance, subject to its limits, tents and conditions, provides
protection against liability arising out of bodily injury and property
damage that is the direct result of our operational negligence. A[
your request, SCI will provide certificates evidencing such
coverage and will purchase additional limits of liability that you
may require as a separate cost item to be bone by you.
You shall not be Liable to SCI and SCI shall not be
liable to you for any consequential damages incurred by either due
m [he fault of The other, regardless of the nature of this fault, or
whether it was committed by you or SCI, their employees, agents,
or subcontractors. Consequential damages include, bra are no[
limited ta, loss of use, loss of profit, loss of business, loss of
income, loss of reputation or any other consequential damage [ha[
any party mtay have incured from any cause of action, including,
but not limited m negligence, strict liability, breach of contract, or
breach of wartanty.
6. SEIARED RISK ALLOCATION The Client and SCI
agree to allocate certain of [he risks so [hat, to the fullest extent
permitted by law, SCI's mtal aggegaze liability W the Client is
limited m $SQ,000.00 for any and all injuries, damages, claims,
losses, expenses, or claim expenses (including attorney's and
expert witness' fees) arising out of this AGREEMENT from any
cause or causes. Such causes include, but are not limited m, SCPs
negligence, errors, omissions, strict liability, statutory liability,
breach of contract, breach of warranty, negligent
misrepresentatioq or other acts giving rise to liability based upon
contract, tort, or statute. Higher limits may be available upon
request and additional negotiated fee.
Limitations on liability, waivers and indemnities in [his
Agreement are business understandings between [he parties and
shall apply [o all legal theories of recovery, including breach of
contract or warranty, breach of fiduciary duty, tort (including
negligence), strict or statutory liability, or any other cause of
action. You agree that you will not seek damages in excess of the
contractually agreed-upon limitation directly or indirectly through
suits against other parties who may join [he Consultant as third-
party defendant. None of [he insurance or indemnity obligations
under this agreement shall be deemed [o be in conflict with [his
limitation of liability provision
7. INVOICES You will make all payments in
accordance with SCCs invoices, and payment is due upon receipt
of invoice. A fee of l Y percent per month will be payable on any
amormts not paid within thirty (30) days, paymem thereafter to be
applied first to accmed interest and then m your unpaid amount.
You agree to pay invoices under these terms and to bear collection
fees, court costs, or any other reasonable expense involved in the
collection of amounts not paid.
8. HA7.ARDOUS MATERIAL S; NOTIFICATION OF
AND DISCOVERY OF When hazardous materials aze known,
assumed, or suspected m exist at a site, SCI is required m take
appropriate precautions to protect the health and safety of its
personnel, to comply with applicable laws and regulations, and m
follow procedures that SCI deems pntden[ to help minimize
physical risks to employees and [he public. You wartant that you
have provided to SCt all available information abom type and
location of krrown and suspected hazardous maerials on, under, or
adjacent to the project site.
The discovery of unanticipated hazardous or suspected
hazardous materials will constitute a changed condition mandating
termination of services if SCI and you me unable m renegotiate the
scope of service in a timely manse[ SCI will notify you as soon
es practically possible should SCf encounter unanticipated
hazardous or suspected hazardous materials.
The discovery of unanticipated hazardous or suspected
hazardous materials may make i[ necessary for SCI to take
measures that in SCI's professional opinion me needed to help
preserve and protect the health and safety of SCI's personnel and of
the public, and/or to preserve and protect the environment As a
condition precedent to the provision of service for this project, you
ogee to compensate SCI for the additional fees and costs
associated with any such measures and further agree [o defend,
indemnify, and hold harmless from any claim ar liability for injury
or lass arising from SCI's encountering unanicipa[ed hazardous or
suspected hazardous ma[erids.
9. CONTAMINATION OF AN AQUIFER
Unavoidable contamination of soil or groundwater may occur
during subsurface exploration, as when drilling or sampling tools
penetrate a contaminated area, linking it to an aquifer, undergound
stream, or other hydrous body not previously contaminated and
capable of spreading contaminants. Because subsurface
exploration is an essentid aspect of the services that SCI will
provide on your behalf, you shall indemnify, defend, and hold SCI
harmless from any claim or liability for injury or loss which may
arise as a result of conamination allegedly caused by subsurface
exploration.
I0. SITE SAFETY Wi[h respect [o project site
safety, SCI shall be responsible solely for the on-site activities of
its employees and subcontractors, and this responsibility shall not
be wnstnud 6y arry party to relieve you or the general contractor
from your obligation [o mainmin a safe project site. Neither the
professional activities of SCI, nor the presence of SCI's employees
or subcontractors shall be construed by any party [o imply [hat SCI
has any responsibility for any contmctols methods of work
performance, procedures, superintendence, sequencing of
operations, or safety in, on, or about the project site. You ogee
that the general contractor is responsible for project site safety, and
warant that this invent shall be made evident in your agreement
with the general contractor.
I1. CONSTRUCTION COST ESTIMATES An
opinion of constmc[ion cast prepared by SCI represents our
judgment as a design professional and is supplied for your general
guidance only. Since see have no control over the ws[ of labor and
material, nor over competitive bidding or mazket conditions, we do
not guarantee the accuracy of our opinion as compared to other
sources, such as, contractor bids of actual cos[ [o the owner.
12. DEFECTS IN SERVICE You and your personnel,
contractors, and subcontractors shall promptly report [o SCI any
defects or suspected defects in SCFs work, in order that SCI may
take prompt effective measures which in SCI's opinion will
minimize the consequences of any such defect.
13. TERMINATION Any or al] services being provided
for you by SCI under these General Terms and Conditions or under
separate contract may be terminated by either party upon seven (7)
days prior written notice. In the event of tenninatioq SCI shall be
compensated by you for all services performed up to and including
the tennina[ion date, including reimbursable expenses.
l4. ENVIRONMENTAL SITE ASSESSMENT An
Environmental Site Assessment is conducted [o render an opinion
about Itre possibility of regulazed comxminams being present on,
in, or beneath the site specifically at [he time services were
conducted. Clirnt understands thm no matter how thorough an
Environmental Site Assessment is, SCI cannot know or state
factually that a site is unaffected by repormble quantities of
regulated contaminants. Furthermore, even if SCI believes [hat
reportable quantities are not presem, the client bears the risk that
such con~minants may be present or may miga[e to the site after
the study is complete. Likewise, the client ogees to hold SCI
harmless from arty claim ar liability for injury or loss arising from
[he unanticipated discovery of hazardous materials or suspected
hazardous materials to the fullest extent permitted by law.
I5. FAILURE TO FOLLOW RECOMMENDATIONS
SCI disclaims any and all responsibility and liability for problems
that may occur during implementation of SCI's plans,
specifications, or recommendations when SCI is not retairced [o
observe such implementation.
l6. ALTERATION OF INSTRUMENTS OF SERVICE
Client agrees that designs, plate, specifications, reports, proposals,
and similar documents prepared by SCl are instruments of
professional service, and as such, they may not under any
circumstances be altered by any party except SCI. Client warrants
that SCI's instruments of service will be used only and exactly as
submitted by SCI. Accordingly, Client shall waive any claim
against SCI and shall, [o the fullest edam permitted by law,
indemnify, defend, and hold SCI harmless of any claim or liability
for injury or loss arising from unauthorized alteration of SCI's
instruments of service.
17. MOLD DISCLAIMER The services performed by
SCI, unless specifically addressed in our scope of services, are not
intended to take into account indoor amplification of mold. SCI's
services may comment on depth W groundwater and site drainage,
but in no instance is this m be interpreted that we were specifically
intending [o reduce moisture contents and/or humidity
measurements within the stmcmre as they may relate m mold.
Client understands our services, unless specifically expressed in
our work scope, are in no way intended [o address the potential for
mold infesa[ion, and, as such, ogees m indemnify and hold SCI
harmless from arty claim alleging [haz SCI's services caused or
aggravated a mold infestation.
18. OTHER PROVISIONS You agree that this contract
is entered into by the parties for [he sole benefd of the parties to
the contract, and that nothing in the contract shall be construed to
create a right or benefit for any third party.
a Neither party shall hold the other responsible for
damages or delay m performance caused by acts of Gad, strikes,
lockouts, aceidents, or other events beyond the control of the other
or [he others employees and agents.
b. You agree that any and all limitations of SCI's
liability and indemnifications by you shall include and extend to
[hose individuals and entities SCI retains for performance of the
services under this Ageement, including but no[ limited to SCI's
officers, directors, and employees and [heir heirs and assigns, and
SCI's subconsul[ants.
c. In an effort to resolve any conflicts thm mice during
or fallowing completion of the project, you and SCI ogee that all
disputes between us arising out of or related [o this Agreement
shall be submitted to non-binding mediation, unless the parties
mutually ogee otherwise.
d. In the event [hem is a dispute between SCI and you,
other than collection of fees and which is not resolved by
mediation, the prevailing party shall be awarded its reasonable
attorney's fees, expert witness foes, and other costs. THE
PARTIES TO THIS CONTRACT HEREBY AGREE 70
SUBIvIIT ANY SUCH DISPUTE TO THE C[RCUI7 COURT OF
ST. CHARLES COUNTY, STATE OF MISSOURI.
e. Test borings and test pits are an accepted and
informative means of subsurface exploration. However, in the
nature of things, [hey carmot indicate with absolute certainty the
nature of the subsurface conditions between and sample locations
of the exploration and below the termination of the borings m pits.
Therefore, a report based on test borings, test pits, or other
exploration method cannot ascertain the nature of the subsurface
conditions between and beyond the specific sample locations. If
conditions different than are indicated in our report come to your
attention after you receive the report, it is recommended that you
wntact SCI vnmediately [o inform SCI completely of what you
have discovered and to authorize further evaluation, ifappropriate.
f Any recommendations provided in arty
correspondence, reports, plane, etc. from SCI are for the exclusive
use of our client and are specific [o the project covered by this
centmct Recommendations provided by SC[ are not meant [o
supereede mare stringent requiremems of local ordinances.