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HomeMy WebLinkAbout2009-143 - Archaelogical ServicesBILL NO. 2009-143 ORDINANCE NO. 2009-143 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR ARCHAELOGICAL SERVICES WITH SCI ENGINEERING, INC. FOR LABORATORY PREPARATION, ARTIFACT ANALYSIS, AND REPORT PREPARATION WHEREAS, the City of Riverside, Missouri ("City") selected SCI Engineering, Inc. ("SCI") for provision of archaeological services related to the Renner Brenner Park playground improvements. WHEREAS, SCI performed such field services and now proposes to provide laboratory prepazation, artifact analysis and report preparation for the materials collected during the field 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 azchaeological examination services, related to the Renner Brenner Pazk playground improvements, to the City at a total cost of $87,000.00 (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 cazry 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 convenient to perform all matters herein authorized. Section 5. This Ordinance shall be in full force and effect from and after its passage and approval. ~sT Passed this ~' day of , 2009. ~~ Mayor Kathleen L. Rose ATTES'f2 ~ i~ _ City Clerk .~'/ August 5, 2009 Mr. Michael Duffy City of Riverside, Missouri 2950 NW Vivion Road Riverside, Missouri 64150 SCI ENGINEERING, INC. CONSULTANTS IN DEVELOPMENT. DESIGN ANO CONSTRUCTION GEpTECHN(CAL ENVIRUNMFNTAL N,tiuRAl fESJUHC fS CUIJUINL RESOURCE> CONSTRUC TIpN iERNI ES RE: Proposal for Laboratory Prepazation, Artifact Analysis, and Report Preparation Renner Brenner Park -Archaeological Site 23PL 1 Riverside, Missouri SCI No. 2009-0387.41 Deaz Mr. Duffy: SCI Engineering, Inc. (SCI) is pleased to submit this proposal to cover the remaining phases of work concerning azchaeological site 23PL1. This proposal will address the three remaining phases of work to be completed after fieldwork. The first phase is laboratory prepaza6on of artifacts collected by SCI in July 2009. The second phase is analysis of artifacts, as well as special analysis of soil samples collected by SCI in July 2009. The third phase is the compilation of information from all previous excavations at 23PL1 and the preparation of a report or article about the history of azchaeological work at 23PL1. Details of these activities aze present below. SCOPE OF SERVICE First Phase Based upon the number of bags of artifacts collected by SCI in July 2009, SCI estimates approximately four to five weeks of laboratory processing and associated paperwork will be necessary to prepare the collection for analysis. This first phase of work will consist of washing all recovered artifacts, sorting all artifacts into raw material categories, and weighing and counting the artifacts within each category. Further, this phase will require a significant amount of paperwork associated with these previously listed activities. Once all of this activity is complete, the collection will be ready for the analysis that will occur during the second phase. All of the first phase activities will occur at SCI's azchaeological laboratory in the St. Chazles, Missouri office. Second Phase This phase consists of analysis of SCI's collected materials. There aze two basic types of analysis that will be completed. The first type is the classification of artifact types and the study of their morphology and raw material types. This will be completed with all collected artifacts. The second type of analysis is specialized analysis associated with collected soil samples. These soil samples will be floated by the Illinois State Museum (ISM). SCI maintains a contract for services with the ISM and this facility offers very reasonably priced services for this type of azchaeological analysis. The ISM staff will float all soil samples. These flotation samples will be broken down into light fraction and heavy fraction components. Light fraction materials will be analyzed under a microscope to look for seeds, both charred and 130 Polnt West Boulevard St Charles, Mlszouri 63301 • phone 636A49-8200 • fax 636-949264 • wwwsclenglneenng.EOm Mr. Michael Duffy 2 August S, 2009 City of Riverside Missouri SCI No. 2009-0387.41 uncharged. This information is used to help determine the type of plants utilized by the people that occupied 23PL1. Other information will be collected as the opportunity presents itself from the light fraction. The heavy fraction components will be analyzed for lazger remains of plants and animals that may have been utilized by the occupants of the site. The heavy fraction will also contain a significant number of heavier artifacts that will in turn be analyzed by SCI at the St. Chazles laboratory. Bumed materials from both the light and heavy fraction will be completely analyzed by the ISM and, where possible, samples will be prepared for radiocarbon dating. These aidiocazbon samples will be processed and packaged by the ISM and then shipped to the radiocarbon laboratory of SCI's choice. Currently, SCI utilizes Beta Analytic, Inc. in Coral Gables, Florida for all its radiocarbon testing. SCI plans to continue to use this labomtory. The ISM will also analyze all bone recovered by SCI from the site. This analysis will include species identification and a Minimum Number of [ndividuals (MNI) being calculated for each species where possible. Once the floatation and the faunel analysis is complete, the ISM will prepaze reports for both of these types of analysis. Radiocarbon dates and information relative to that will be dealt with by SCI in the final product for this project. Third Phase In order to gain as much of an understanding of the lifeways of the occupants and the time period of occupation of this site, SCI will need to compile information from all previous archaeological excavations and collections that have occurred. SCI understands that data and artifacts may exist in the following locations: the Smithsonian Institution in Washington D.C., the Kansas State Historical Society, the University of Missouri Collections Center in Columbia, one or more museums in the city of Kansas City, and various private collections. SCI would make an effort to locate all the collections from this site. This effort would consist of traveling to each la;ation to ascertain the whereabouts of the collections and to determine if any notes, maps, or photos or other paperwork and information are present at these locations. The city of Riverside should play an important roll in the determination of the whereabouts of artifacts from this site. The city can, at any time, make contact with institutions, agencies, and individuals that may house a collection from the site. This would save SCI a significant amount of time in determining whether or not these collections exist at these facilities. Notes, maps, photos, and any other information will be copied, if possible, by SCI in order to compile as much data as possible for this site. This data can then be used to compare with the archaeological work completed by SCI in July 2009. In order to have a significant and meaningful understanding of 23PL1, SCI and the city of Riverside should collect as much data as possible from all of these agencies, institutions, and individuals as possible. The comparison of earlier versus recent excavations will be explained in detail in the fmal product for this project. The final product can consist of a formal technical report, an article for a professional journal, a publicly disseminated product, or a combination thereof. Once the data is collected from these outside institutions and locations, a determination can be made as to what type of final product the city recommends. Timeframe SCI can commence the first phase of work as soon as the city provides a signed acceptance sheet. The timeframe for the fast phase is estimated to be approximately four to five weeks. The timeframe for the second phase is unknown at this time due to the unknown quantity of material contained in the soil samples, excavation bags, and the unknown quantity of bone in the materials collected by SCI. The timeframe for the third phase is not able to be estimated at this time. Mr. Michael Duffy City of Riverside Missouri SERVICE FEE August 5, 2009 SCI No. 2009-0387.41 All fees from the phases in this proposal will be on a time and materials basis with anot-to-exceed fee. Phase I will have anot-to-exceed fee of $27,000.00, Phase II will have anot-to-exceed fee of $30,000.00, Phase III will have anot-to-exceed fee of $30,000.00. If expenses aze expected to exceed these caps, SCI will immediately notify the client upon this realization and request permission to proceed with the remainder of the phase. 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 farm, 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 ow 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 regazding this proposal, or desire to modify the proposed scope, please do not hesitate to call. Respectfully, SCI ENGINEERING, INC. ~_"r-~ ~. Steve J. Dasovich, Ph.D. Head, Cultural Resowce Services SJD~sg Encloswe V:\ISOi1s11NEWIPROIECT Fa.EB\1009 PROIHCiS\3009-03B]Ranner Hraeer PaklPmanndW9-038) it PropoaJ.dcc SCl ENGINEERING, INC. ,~ ~~ ,~~r„,,- St_ i~u.~ . ~.~- ~ .. ,. ,~r. ACCEPTANCE OF PROPOSAL FOR PROFESSIONAL SERVICES Project Name: Renner Brenner Park -Archaeological Site 23PL1 Project Number: 2009-0387.41 /SID Date: August 5.2009 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: Name and Title: ?~~ ~' ~S'{.~ Signature: ~~ //`` Company Name: OT ~ Date: _~7 Party responsible for payment: (if different than Accepted By) Name and Title: Signature: Company Name: Date: Address: City,State,Zip: Report Distributiao (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 DESCRIBED IN THIS CONTRACT. FAILURE TO SECURE LIEN WAIVERS MAY RESULT IN YOU PAYING FOR LABOR AND MATERIAL T WICE. SCI ENGINEERING, INC. ~,r~~~l+tr~,,.~ i~:,,,,r,,. . ' 14 r.,'rn ,. . , a' ,. ~ GENERAL TERMS AND CONDITIONS 1. ACCEPTANCE OF AGREEMENT The terms end conditions of the ageement between the cliem and SCI INGINEERING, INC. (hereinafter called SCI) are detailed below end have been established to allocate risks between both. Far the purposes of convenience, the client may choose m orally audrorize our service, in which case the client agrees that the verbal agreement constitutes formal accepFance of the terms and conditons detailed below. Subsequent to an agreement by both parties [o perform the services, modthcations [o the terms and conditions are prohibited. 2. SITE ENTRY You, the Clien; will provide For right of entry of SCI or employees of firms working under [he direction of SCI, and all necessary equipmen; in order to perform the work Although SCI will exercise reasonable care in performing its services, the Client understands that use of testing or other equipment may unavoidably cause some damage, the cortec[ion 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 subwnsulfants against any damages, liabilities, or costs, arising or allegedly arising from procedures associated with testing or investigative activities. If you desve or requhe us to restore the site to its former condition, upon written request, we will perform such additional work as is necessary and you ogee [o pay all costs 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 o6jec[s beneath the site's surface. SCI will take reasonable precautions [o avoid damaging these man-made objects . You ogee [o waive any claim against SCI, and to defend, indemnify and hold SCI harmless from any claim or liability for injury or loss allegedly arising from SCf s damaging undergound utllities or other man-made objects that were not called to SCI's atten5oo, or which were not properly located an plans famished to SCI. 4. SAMPLES Sail, rock, water, or other samples obtained from the project site are yom property. SCI shall preserve such samples for no longer than thirty (30) calendar days after the issuance of arty document that includes [he data obained from them, unless other mutually agced artangemen[s are documented. Concrete [es[ specimens will be discarded after testing. If project specification strengths are me[, "hold" cylinders will be discarded at ttmt time. If in SCI's opinion any of the samples collated may be affected by regulated contaminants, SC[ shall package such samples in accordance with applicable law end client shall arrange for lawful disposal procedures. SCI shall no; under this agreement arrange for or be responsible for the disposal of substances affected by regulated contaminants. Furthennorq 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 contaminants that are left a[ a job site and were generated for the collection of soil and goundvvater samples. SC[ will, at the c1ieM's request help the client identify appropriate alternatives far the off-site treabneM, storage, or disposal of these materials, for additional fees. 5. GENERAL LIABII,fIY AND LIMITATION SCI agrees to hold you hamdess and to indemnify you on account of any liability due [o bodily injury or property damage arising directly out of our negligem operational acts, but such hold hamdess and indemnity will be limited to that covered by our comprehensive general liability insurance. Our general liability insurance, subject to its limits, terms and conditions, provides protection against liability arising out of bodily injury and property damage that is the direct result of om operational negligence. At yom reques; SC[ will provide certificates evidencing such coverage end will purchase additions) liroits of liability that you may require as a separate cos[ item to be borne by you You shall not be liable [o SCI and SCI shall not be liable to you for any consequential damages incurred by either due [o the fault of the other, regardless of the nature of [his foul; or whether it was committed by you or SCI, their employees, agents, or subcontractors. Consequential damages include, but are not limited to, loss of use, loss of profit lass of business, loss of income, loss of reputation or mry other consequential damage that any party may have incurred from any cause of action, including, but not limited to negligence, strict liability, breach of contract, or breach of warranty. SHARED RISK ALLOCATION The Client and SCI a to allocate certain of the risks so that, to the fullest ease permr by law, SCI's total aggregate liability to the Cli rs limited 0,000.00 for any and all injuries, damages ~ms, losses, ezpe s, or claim expenses (including a 's and expert witness' )arising out of this AGREE from aoy cause or causes. S causes include, but ere no ited m, SCI's negligence, errors, o ions, strict liabili tutory liability, breach of contract breach of anty, negligent misrepresentation, or oth giving [o liability based upon contmc; tort, or statute. er ~ may be available upon request and additional negotiate Limitations on ~ ity, ers and indemnities in this Agruement are busine derstandin tween the parties and shall apply [o all le theories of rceove including breach of contract or war ,breach of fiduciary ,tort (including negligence), s or statutory liability, or other cause of actioa You ee that you will no[ seek damages excess of the contracN agreed-upon limitation directly or indir y through suits st other parties who may join the Consul thnd- p fendant None of the insurance or indemniTy ob ations this agcement shall be deemed to be in wnflict wr this nation of liability provision. 7. INVOICES You will make all payments in accordance with SCI's invoices, and payment is due upon receipt of invoice. A fee of I%percent per month will be payable on arty amounts not paid within thirty (30) days, paymem thereafter to be applied first to accrued interest and then to your unpaid amount You agree to pay invoices under these kmrs and to bear collection fees, court costs, or arty other reasonable expense involved in the collection of amounts not paid. 8. HAZARDOUS MATERIALS; NOTIFICATION OF AND DISCOVERY OF When hazardous materials are known, assumed, or suspected to exist at a site, SCI is required to take approprae precautions to protect the health and safety of its personnel, to comply with applicable laws end regulations, and to follow procedures that SCI deems pmdeM to help minimize physical risks to employees and the public. You warrmrt that you have provided to SCI all available information about type and location of known and suspected hazardous materials on, under, or adjacent to the project site. ..t.= =~-~~- The discovery of unanticipated hazardous or suspected hazardous materials wall constitute a changed coridi[ion mandating tertninatlon of services if SCI and you are unable to renegotiate the scope of service in a timely manner SCI will notify you as soon es practically possible should SCI encounter unanticipakd hazardous or suspected hazardous materials. The discovery of unanticipated hazardous or suspected hazardous materials may make it necessary for SCI to take measures [hat in SCI's professional opinion are needed to help preserve and protect the health and safety of SCfs personnel and of dre public, andor to preserve and protect the environment. As a condition precedent m t}re provision of service far this project, you agree to compensate SCI for [he additional fees and costs associated with anY such measures and further agree to defend, indemnify, and hold hemdess from any claim or liability for injury or loss arising from SCPs encountering unanticipated hazardous or suspected hazardous materials. 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, underground stream, or other hydrous body not previously contaminated and capable of spreading contaminants. Because subsurface exploration is an essential aspect of the services that SCI will provide on your behalf, you shall indemnify, defend, and hold SC] harmless from any claim or liability for injury or loss which may wise as a resuh of contamination allegedly caused by subsurface exploration. ]0. SITE SAFETY With respect [o project site softy, SCI shall be responsible solely for the on-site activities of its employees and subcontractors, and this responsibility shall not be consWed by any party to relieve you or the grneral contractor from your obligation to maintain a safe project site. Neither the professional activities of SCI, nor the presence of SCI's employees or subcontractors shall be coretmed by any party to imply that SCI has any responsibility for any contracto{s methods of work performance, procedures, superintendence, sequencing of operations, or safety iq on, or about the projem site. You agree [hat the general contractor is responsible for project site safety, and warrant that this intent shall be made evident in your agreement with the general contractor. 1 L CONSTRUCTION COST ESTIMATES M opinion of constntc[ion cost prepared by SCI represents our judgment as a design professional and is supplied for your general guidance only. Since we have no control over the cast of labor and rtm[erial, nor over competitive bidding or market conditions, we do not guarantee the accuracy of our opinion as compared m other sources, such as, contractor bids of actual cost to the owner. 12. DEFECTS IN SERVICE You and your personnel, contractors, end subcontractors shall promptly report [c SCI arty defects or suspected defecm m SCps work, m order [hat SCI may take prompt effective measures which in SCI's opinion will minitniu the consequences of any such defect. 13. TERMINATION Any or all 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 termination, SCI shall be compensated by you for all services performed up to and including the termination date, including reimbursable expenses. 14. ENVIliONMENTAL SITE ASSESSMENT An EnvironmenffiL Site Assessment is conducted to render an opinion about the possibility of reguated contaminants being present on, in, or beneath the site specthcally az the time services were conducted. Client understands that no matter how thorough an Environmental Site Assessment is, SC[ cannot know m state fachially that a site is unaffected by reportable quantities of regulated contaminarAS. Fmihermore, even if SCI believes that reportable quantities are not present, the client bears the risk that such contaminants may be present or may migrate [o the site after [he study is complete. Likewise, the client agrees to hold SCI harmless from any claim or liability for injury or lass arising from the rmanticipated discovery of hazardous maerials or suspected hazardous materials to the fullest extent permitted 6y 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 retained m observe such implementation. 16. ALTERATION OF INSTRUMENTS OF SERVICE Cliem agrees that designs, plans, specifications, reports, proposals, and simdar documents prepared by SCI are instnunenis of professional service, and as such, they may not under arty cireums[ances be altered by arty party except SCI. Client warrants that SCI's ins[nunents of service will be used only and exactly as submitted by SCI. Accordingly, Cliem shall waive any claim against SCI and shall, to the fullest errtent permitted by law, indemnify, defend, and hold SCI handess of any claim or liability for injury or loss raising 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 imo account indoor amplification of mold. SCI's services may comment on depth to groundwater and site drainage, but th no instance is [his m be interpreted that we were specifically intending to reduce moisture contents and/or humidity measurements within the stmcture as they may relate tc mold. Client understands our services, unless specifically expressed in our work scope, are in no way intended [o address the potential for mold infestation, and, as such, agrees to indemnity and hold SCI harmless from any claim alleging that SCI's services caused or aggravated a mold infestation. 18. OTHER PROVISIONS You agree that this contract is entered into by the patties for the sole benefit of the parties m the contract, erd that nothing in the contract shall be construed [o create a right or benefit for any thircl party. a Neither party shall hold the other responsible for damages or delay in perfommnce caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the othe{s employees and agents. b. You agree that any and all ]imitations of SCI's liability and indemnifications by you shall include and extend to those individuals and entities SCI retains for performance of the services under [his Agreement, including but not limited to SCI's officers, dvecmrs, end employees and their heirs and assigns, and SCI's subconsulmnts. c. In an effort to resolve any conflicts that arise during or following completion of the project, you and SCI agree that all disputes between us arising out of or related m this Agreement shall be submitted to non-binding mediation, unless the parties mutually agree otherwise. d. In the event there 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 fees, and other costs. THE PARTIES TO THIS CONTRACT HEREBY AGREE TO SUBMIT ANY SUCH DISPUTE TO THE CIRCUIT COURT OF ST. CHARLES COUNTY, STATE OF MISSOURI. e. Test borings and test pits are an accepted and informative means of subsurface exploration. However, th the nature of things, they cannot indicate with absolute certainty the nature of the subsurface conditions between end sample locations of the exploration end below the tertnina[ion of the borings or 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 ere indicated in our report come to your attention after you receive the report, it is recommended Ihet you contact SC[ immediately to inform SCI completely. of what you have discovered and [o antlarize furtlrer evaluation, if appropriate. f. Arty recommendatons provided in any wrespondeoce, reports, plans, etc. from SCI are for the exclusive use of our client and are specific to the project covered by this contrack Recommendations provided by SCI are not mean[ to supereede more stringent requirements of local ordinartces.