HomeMy WebLinkAboutREQUEST FOR PROPOSAL CITY OF WATERLOO , IOWA
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Request for Proposal
February 2010
ARCHAEOLOGICAL SERVICES FOR NEW
CONSTRUCTION ACTIVITIES:
(1 ) NEW SINGLE-FAMILY HOME
CONSTRUCTION, and
(2) NEW CONSTRUCTION OF THE NORTHEAST
IOWA FOOD BANK CAMPUS
City of Waterloo, Iowa
Community Development Department
Prepared by
City of Waterloo
Community Development Department
SECTION I
NOTICE OF REQUEST FOR PROPOSALS
1.0 Receipt and Opening of Proposals
1.0.1 All proposals must be received in a sealed envelope in City Hall (date and time stamped)
by Monday, March 8, 2010 at 4:00 p.m. (our clock), Central Time, in order to be considered.
City Hall is located at 715 Mulberry St, Waterloo, Iowa. Proposals sent electronically or via
facsimile will not be accepted. The mailing container or envelope shall be plainly marked on
the outside with the notation `SEALED RFP FOR ARCHAEOLOGICAL SERVICES', and the
name of the company submitting the proposal.
1.1 RFP Timeline
Name of the Proposal: ARCHAEOLOGICAL SERVICES
Date of Issuance: Monday, February 15, 2010
Deadline for Questions: Monday, March 8, 2010 at 3:00 p.m., Central Time
Deadline for Proposal Submittal: Monday, March 8, 2010 at 4:00 p.m., Central Time
Submit Sealed Proposal to: SEALED RFP FOR ARCHAEOLOGICAL SERVICES
New Construction: Northeast Iowa Food Bank Campus and
Single-Family Housing
Address exactly as stated—> —> —> City Hall
City Clerk's Office
715 Mulberry Street
Waterloo, IA 50703
Method of Submittal: Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals)
Contact Person, Title: Louis Starks, Contracts and Grants Coordinator
E-mail Address: Iouis.starks@waterloo-ia.orq
Phone/Fax Numbers: Phone: 319-291-4429 Fax: 319-291-4431
1.2 The City reserves the right to accept or reject any or all proposals and to waive any
informalities or irregularities in proposals if such waiver does not substantially change the offer
or provide a competitive advantage to any Proposer.
1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail
delivery system of the City, or any other means of delivery employed by the Proposer.
Similarly, the City is not responsible for, and will not open, any proposal responses that are
received later than the date and time stated above. Late proposals will be retained in the RFP
file, unopened. No responsibility will be attached to any person for premature opening of a
proposal not properly identified.
RFP FOR ARCHAEOLOGICAL SERVICES—2010
Page 2 of 10
1.4 Proposals will be opened on Monday, March 8, 2010 at 5:30 pm (our clock) Central Time in
City Hall, 715 Mulberry Street, Waterloo. The main purpose of this opening is to reveal the
name(s) of the Proposer(s), not to serve as a forum for determining the awarded proposal(s).
1.5 Proposals will be evaluated promptly after opening. After an award is made, a proposal
summary will be sent to all companies who submitted a proposal. Proposal results will not be
given over the telephone. Proposals may be withdrawn anytime prior to the scheduled closing
time for receipt of proposals; no proposal may be modified or withdrawn for a period of sixty
(60) calendar days thereafter.
SECTION II
INSTRUCTIONS TO PROPOSERS
2.0 The Proposal shall include a signature page. A company representative who is authorized to
bind the company will sign on behalf of the company to indicate to the City that you have read
all provisions of the RFP and agree to all terms and conditions, except as provided in
paragraph 2.3 below. The City of Waterloo reserves the right to reject any or all proposals,
and to accept in whole or in part, the proposal, which, in the judgment of the proposal
evaluators, is the most responsive and responsible proposal.
2.1 The Proposer must provide a certificate of professional liability (errors and omissions)
insurance coverage in a minimum amount of $250,000 per claim and $1,000,000 aggregate,
and must maintain such coverage in force at all times during the term of the service
agreement.
2.2 This Request for Proposal does not commit the City to make an award, nor will the City pay
any costs incurred in the preparation and submission of proposals, or costs incurred in making
necessary studies for the preparation of proposals.
2.3 Important Exceptions to Contract Documents -The Proposer shall clearly state in the
submitted proposal any exceptions to, or deviations from, the minimum proposal requirements,
and any exceptions to the terms and conditions of this RFP. Such exceptions or deviations will
be considered in evaluating the proposals. Any exceptions should be noted on the Signature
Page. Companies are cautioned that exceptions taken to this RFP may cause their proposal to
be rejected.
2.4 Incomplete Information - Failure to complete or provide any of the information requested in this
Request for Proposal, including references, and/or additional information as indicated, may
result in disqualification by reason of "non responsiveness".
RFP FOR ARCHAEOLOGICAL SERVICES—2010 Page 3 of 10
SECTION III
SPECIAL TERMS AND CONDITIONS
3.0 Term of Contract
3.0.1 The initial term of the Contract shall be for one (1) month or less, anticipated to be
March 15, 2010 to April 16, 2010. The initial time frame shall be focused solely on the
production of the Archeological Study.
3.0.2 3.0.2 The City and the Contractor may renew the original Contract for three (3) month
time periods by mutual agreement if SHPO requires monitoring activities. Thirty (30)
days notice must be given to renew the Contract for additional increments.
3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the
document that authorizes the Contract to begin, assuming the insurance requirements
have been met. Each section contained herein, any addenda and the response
(Proposal)from the successful bidder shall also be incorporated by reference into the
resulting Contract.
3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually
decided to renew beyond the initial period and the Contractor requests a price
increase, the Contractor shall provide documentation on the requested increase. The
City reserves the right to accept or reject price increases, to negotiate more favorable
terms, or to terminate (or allow to expire) without cost, the future performance of the
Contract.
3.0.5 The total actual expenses shall not exceed the amount allowed by the project Contract,
including any renewal extensions thereof.
3.1 Agreement Forms
3.1.1 After award, the Proposer will be required to enter into a written contract with the City
that is substantially in the form attached hereto as Exhibit"A". If a Proposer intends to
request that the City enter into any different agreement form in connection with the
award of this Contract, the form must be submitted with the proposal for review by the
City's legal counsel during the evaluation of proposals.
3.1.2 Proposers are advised that in the event any such alternate agreement contradicts the
City of Waterloo requirements, the proposal may be rejected due to the contradiction
unless Proposer indicates deletion of such contradicting clauses or acceptance of the
City's form of agreement.
3.1.3 If no agreement form is included with the proposal, no such form will be approved by
the City during the evaluation or award processes, or following award of Contract.
3.2 Terms of Payment
3.2.1 Services authorized under this Contract shall be submitted on a monthly basis and will
be paid upon receipt of an original invoice within thirty (30) days and after services are
delivered and accepted.
3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding
all services provided and allowable expenses incurred.
3.2.3 All invoices and supporting documentation shall be submitted at the intervals as agreed
upon via US mail to: City of Waterloo Community Development Department, attn: 620
Mulberry Street, Waterloo, IA 50703.
RFP FOR ARCHAEOLOGICAL SERVICES-2010 Page 4 of 10
3.2.4 City has the right, at its discretion, to deny payment for any work by any Contractor if
the total actual expenses exceed the amount allowed by the project Contract, including
any renewal extensions thereof. The Contractor is not obligated to continue
performance of services under this Agreement or otherwise incur costs in excess of the
total actual expense allowed unless an amendment to the Contract is approved, and
the City notifies the Contractor, in a written amendment, of the City's acceptance of the
revised total actual expense allowed.
3.2.5 The City may withhold payment for reasons including, but not limited to, the following:
unsatisfactory job performance or progress, defective work, disputed work, failure to
comply with material provisions of the Contract, third party claims filed or reasonable
evidence that a claim will be filed or other reasonable cause.
RFP FOR ARCHAEOLOGICAL SERVICES—2010 Page 5 of 10
SECTION IV
SERVICE REQUIREMENTS
4.0 Background
The City of Waterloo, Iowa's Community Development Department, is seeking proposals for
archaeological services in connection with two distinct projects, within contiguous areas: (1)
Proposed Single Family New Housing Construction in the 800-1000 Block of Lafayette and
Sycamore Street, and (2) New Commercial Construction involving the Northeast Iowa Food
Bank Campus ("N.E. IA Food Bank"), including parking lots, warehouse and dock facilities,
and office building. The New Housing Project(s) involve single-family home construction on
both vacant parcels and parcels that have dwellings that would be acquired and demolished
for new construction. An overview map of the combined areas is included as Exhibit "B." An
overview map of the area of proposed single-family construction is included as Exhibit "C". An
overview map of the Northeast Iowa Food Bank Campus is included as Exhibit "D."
4.1 Scope of Work
The City of Waterloo is seeking a qualified archaeologist to complete a Phase I Archaeological
Study of the properties currently titled in the City's name, or specified in the development
agreement between the City and N.E. Iowa Food Bank, or to be acquired and subsequently
demolished for single family home construction, and to provide monitoring of all new
construction activities for all properties that will require monitoring based on the results of the
Phase I Archaeological Study.
The services to be performed under this Contract shall consist of the following:
4.1.1 All services must be performed in accordance with all applicable codes and ordinances
of the City of Waterloo, Iowa, accepted standards of the archaeological profession, as
well as all applicable State regulations. All services are to be performed by a person
who meets the Secretary of the Interior's Professional Qualification Standards for
Archeology. Proposer's response shall clearly identify such personnel.
4.1.2 Completion of a Phase I Archaeological Study including all properties identified in the
City of Waterloo's Scope of Services, and production of all necessary documents or
reports associated with the Phase I Archaeological Study.
4.1.3 Archaeological monitoring and consulting services for geographical areas identified in
the Phase I Archaeological Study as having findings requiring demolition monitoring,
site excavation or other activities involving soil disturbance.
4.1.4 Coordinate all archaeological monitoring services with contractors and relevant City
staff or authorized Executives, Officers and agents of N.E. IA. Food Bank.
4.1.5 Ensure all ground excavation and soil/subterranean disturbances requiring
archaeological monitoring take place in conformity with all Federal Emergency
Management Agency (FEMA) and State Historic Preservation Office (SHPO)
requirements as related to archaeological monitoring of those demolitions.
4.1.6 Produce all necessary documents or reports associated with each archaeological
monitoring of the demolitions to demonstrate compliance with the requirements set
forth in the Section 106 letters written by Daniel Higgenbottom, for the 800 to1000
RFP FOR ARCHAEOLOGICAL SERVICES—2010
Page 6 of 10
Block of Lafayette, dated January 9, 2010 and January 13, 2010, and for the N. E. IA
Food Bank, dated September 8, 2009, a copy of which letters are included as Exhibits
"E" and "F', respectively.
4.1.7 At the request of the City given with reasonable advance notice, attend meetings of the
City relative to the work set forth in this Agreement.
4.1.8 Provide other services as requested by the City as may be necessary to implement the
New Construction Project(s).
4.1.9 Provide the above-described monitoring services on an as-needed basis, without
assurance of regularity in the frequency of transactions, the number of transactions
that may be handled concurrently, or the total number of transactions.
4.2 Silence of Specifications— Commercially accepted practices shall apply to any detail not
covered in this specification and to any omission of this specification. Any omission or question
of interpretation of the specification that affects the performance or integrity of the service
being offered shall be addressed in writing and submitted with the Proposal.
SECTION V
METHOD OF EVALUATION
5.0 Contract Award -Any Contract award(s) made by the City of Waterloo is subject to prior
approval by the City of Waterloo City Council.
5.0.1 Award of Contract shall be made to the most responsible and responsive proposal from
a Company whose proposal offers the greatest value to the City with regard to the
criteria detailed and the specifications set forth herein. The City may select a Proposer
based on an "all or none" proposal, on individual responses, or as is otherwise deemed
to be in the best interest of the City.
5.1 Proposal Evaluation Criteria - In general, the proposals will be evaluated based on, but not
limited to, the general evaluation criteria stated below and the completeness, clarity and
content of the proposal. The following is a partial list of the criteria that may be used in our
determination of company responsibility and responsiveness:
5.1.1 Qualifications and Experience
5.1.1.1 Years of Experience of Key Personnel
5.1.1.2 Feedback from References
5.1.1.3 Knowledge and experience with property acquisitions involved with federal
and state grants.
5.1.2 Cost Effectiveness
5.1.3 Company Responsiveness to RFP
5.1.3.1 Total scope of services offered
5.1.3.2 Responses to overall proposal and compliance with submission guidelines
5.1.3.3 Proposal presentation (completeness, organization, appearance, etc.)
5.2 Financial terms will not be the sole determining factor in the award. To determine the award
the City will use a proposal evaluation method that will enable the City to award a Contract to
the Proposer offering services and experience that represents the best overall value to the
City.
5.3 Proposal Evaluation Procedures - Proposals will be evaluated by a Proposal Evaluation
Selection Committee (hereinafter referred to as the Committee) using the "Proposal Evaluation
Criteria" as listed above.
RFP FOR ARCHAEOLOGICAL SERVICES—2010 Page 7 of 10
5.3.1 Committee members will evaluate each proposal based on their experience and
judgment of how well the proposal addresses the City's requirements. Each
prospective company is assured that any proposal submitted will be evaluated using
the best available information and without any forgone conclusions.
5.3.2 Consideration will also be given to solicited written clarification provided during the
evaluation process and input from staff or other persons judged to have useful
expertise that should be considered in a responsible, fair assessment of the relative
merits of each proposal.
5.3.3 The Committee may arrange interviews and/or conference calls with representatives of
the companies whose proposals are deemed to be within the "competitive range." The
purpose shall be the clarification of any aspect of the proposal that is deemed to have
a material bearing on arriving at a fair determination of which proposal offers the best
overall value. In addition, each Proposer deemed to be within the competitive range
may be invited to submit a "best and final offer" if such seems appropriate under the
clarifications issued to the provisions and specifications of this solicitation.
5.4 A Proposer's submission of a proposal constitutes its acceptance of this evaluation technique
and its recognition and acceptance that subjective judgments will be used by the evaluators in
the evaluation.
5.5 Following the evaluation process, the award process is as follows:
5.5.1 The evaluation team shall determine which proposer has submitted the best proposal
using the criteria set forth above, and make its recommendation to the City Council.
5.5.2 The City Council considers a resolution awarding the Contract and authorizing the
Mayor to execute the Contract on behalf of the City. Note, no Contract shall be
deemed to be created and exist, unless and until the City Council adopts a resolution
awarding the Contract and authorizes the Mayor to sign the Contract.
5.5.3 The Mayor executes the Contract.
SECTION VI
FINANCIAL AND NON-FINANCIAL PROPOSAL
6.0 Financial Proposal: This portion of the Company's proposal shall include ONLY the proposed
cost.
6.1 Pricing shall be submitted as follows and shall be inclusive of all expenses:
Please use this exact format for your Financial Proposal.
6.1.1 Provide a separate fixed cost for each cost input that will determine a final invoice for a
property:
Activity Title Cost
Phase I Archaeological Study $
(lump-sum cost for all properties)
Monitoring of soil disturbance/ground excavation $
(per property cost)
Monitoring of demolition activities $
(per property cost)
RFP FOR ARCHAEOLOGICAL SERVICES—2010
Page 8 of 10
6.2 Non-Financial Proposal: This portion of the proposal may be organized in a format determined
by the Proposer, but should include all materials of the proposal relating to the service
proposed, specifications, requirements, warranty, detailed service plan/timeline, experience,
qualifications of key proposed personnel and other information of a non-financial nature.
Provide a list of each proposed staff member with name, title, and description of work they
would perform.
6.3 The Proposer shall list by name the principal or project manager in your company who will
have direct and continued responsibility for the services provided to the City. This person will
serve as the company's first point-of-contact on all matters dealing with services and the
handling of day-to-day activities through the planning and implementation process. Interested
companies should provide background and qualifications, highlighting experience with similar
projects and demonstrating ways the company provides a high quality of customer service.
6.4 Interested companies should provide an outline for project management and task
implementation. Please note that timely completion of this project is critical.
SECTION VII
GENERAL TERMS AND CONDITIONS
1. LANGUAGE,WORDS USED INTERCHANGEABLY-
The word CITY refers to the CITY OF WATERLOO, 4. COLLUSIVE PROPOSAL - The Proposer certifies that
IOWA throughout these Instructions and Terms and the proposal submitted by said Proposer is done so
Conditions. Similarly, PROPOSER refers to the person without any previous understanding, agreement or
or company submitting an offer to sell its goods or connection with any person, firm, or corporation making
services to the CITY, and CONTRACTOR refers to the a proposal for the same Contract, without prior
successful bidder. knowledge of competitive prices, and it is, in all
respects,fair, without outside control, collusion,fraud or
2. PROPOSER QUALIFICATIONS - No Proposal shall be otherwise illegal action.
accepted from, and no Contract will be awarded to, any
person, firm or corporation that is in arrears to the City 5. SPECIFICATION CHANGES, ADDITIONS AND
upon debt or Contract, that is a defaulter, as surety or DELETIONS-All changes in Proposal documents shall
otherwise, upon any obligation to the City, or that is be through written addendum. Verbal information
deemed irresponsible or unreliable by the City. If obtained otherwise will NOT be considered in awarding
requested, Proposers shall be required to submit of Proposals.
satisfactory evidence that they have a practical
knowledge of the particular supply/service proposal and 6. PROPOSAL CHANGES Proposals, amendments
that they have the necessary financial resources to thereto, or withdrawal requests received after the time
provide the proposed supply/service as described in this advertised for Proposal opening,will be void regardless
Request for Proposal. of when they were mailed.
3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ 7. HOLD HARMLESS AGREEMENT The Contractor
OFFEROR-Any deviation from this specification MUST agrees to protect, defend, indemnify and hold harmless
be noted in detail, and submitted in writing in the the City of Waterloo, its officers and employees,the US
Proposal. Completed specifications should be attached Government, FEMA, the State of Iowa, and their
for any substitutions offered, or when amplifications are agencies and agents from any and all claims and
desirable or necessary.The absence of the specification damages of every kind and nature made, rendered or
deviation statement and accompanying specifications incurred by or in behalf of every person or corporation
will hold the Proposer strictly accountable to the whatsoever, including the parties hereto and their
specifications as written herein. Failure to submit this employees that may arise, occur, or grow out of any
document of specification deviation, if applicable, shall acts, actions, work or other activity done by the
be grounds for rejection of the item when offered for Contractor, its employees, subcontractors or any
delivery. If specifications or descriptive papers are independent contractors working under the direction of
submitted with Proposals, the Proposer's name should either the Contractor or subcontractor in the
be clearly shown on each document. performance of this Contract.
RFP FOR ARCHAEOLOGICAL SERVICES—2010 Page 9 of 10
adequate time for delivery of their proposal either by
8. PROPOSAL REJECTION OR PARTIAL airfreight,postal service,or other means.
ACCEPTANCE - The City reserves the right to reject
any or all Proposals. The City further reserves the right 15. CANCELLATION-Either party may cancel the award in
to waive technicalities and formalities in Proposals, as the event that a petition, either voluntary or involuntary,
well as to accept in whole or in part such Proposals is filed to declare the other party bankrupt or insolvent or
where it is deemed advisable in protection of the best in the event that such party makes an assignment for
interests of the City. the benefit of creditors.
9. PROPOSAL CURRENCY/LANGUAGE - All proposal 16. ASSIGNMENT- Proposer shall not assign this order or
prices shall be shown in US Dollars ($). All prices must any monies to become due hereunder without the prior
remain firm for the duration of the Contract regardless of written consent of the City. Any assignment or attempt
the exchange rate. All proposal responses must be at assignment made without such consent of the City
submitted in English. shall be void.
10. PAYMENTS - Payments will be made for all 17. EQUAL OPPORTUNITY - The successful firm agrees
goods/services delivered, inspected and accepted within not to refuse to hire, discharge, promote, demote, or to
30 days and on receipt of an original invoice. otherwise discriminate in matters of compensation
against any person otherwise qualified solely because
11. MODIFICATION, ADDENDA & INTERPRETATIONS - of age, race, color, religion, sex, sexual orientation,
Any apparent inconsistencies, or any matter requiring gender identity, marital status, national origin,
explanation or interpretation, must be inquired into by citizenship status,disability, or veteran status.
the Proposer in writing at least 72 hours (excluding
weekends and holidays) prior to the time set for the 18. TAXES-The City of Waterloo is exempt from sales tax
Proposal opening. Any and all such interpretations or and certain other use taxes. Any charges for taxes from
modifications will be in the form of written addenda. All which the City is exempt will be deducted from invoices
addenda shall become part of the Contract documents before payment is made.
and shall be acknowledged and dated on the signature
page. 19. PROPOSAL INFORMATION IS PUBLIC — All
documents submitted with any proposal and the
12. LAWS AND REGULATIONS - All applicable State of proposal shall become public documents and subject to
Iowa and federal laws, ordinances, licenses and Iowa Code Chapter 22,which is otherwise known as the
regulations of a governmental body having jurisdiction "Iowa Open Records Law". By submitting any document
shall apply to the award throughout as the case may be, to the City of Waterloo in connection with a proposal,
and are incorporated here by reference. the submitting party recognized this and waives any
claim against the City of Waterloo and any of its officers
13. SUBCONTRACTING- No portion of this Proposal may and employees relating to the release of any document
be subcontracted without the prior written approval by or information submitted.
the City.
Each submitting party shall hold the City of Waterloo
14. 'ELECTRONIC SUBMITTAL - Telegraphic and/or and its officers and employees harmless from any
proposal offers sent by electronic devices(e.g.facsimile claims arising from the release of any document or
machines) are not acceptable and will be rejected upon information made available to the City of Waterloo
receipt. Proposing firms will be expected to allow arising from any proposal opportunity.
RFP FOR ARCHAEOLOGICAL SERVICES—2010 Page 10 of 10
EXHIBIT"A"
CONTRACT FOR ARCHAEOLOGICAL SERVICES
This Contract for Archaeological Services (the"Agreement") is entered into as of
, 2010,by and between the City of Waterloo, Iowa("City") and
("Archaeological Company").
In consideration of the mutual promises exchanged herein, the parties agree as follows:
1. Services. Archaeological Company agrees to provide the archaeological services
described in the Request for Proposal—Archaeological Services for New Single Family
Construction and New Construction of Northeast Iowa Food Bank Campus ("N.E. IA Food
Bank") Projects, at the cost set forth in the Service Fee Addendum hereto. Archaeological
Company's request for payment for services authorized under this Contract shall be submitted on
a monthly basis and will be paid within thirty (30) days after receipt of an original invoice and
after such services are delivered and accepted.
2. Contract Documents. The following documents (collectively, the "Contract
Documents") are hereby incorporated by reference as though set forth herein in full:
a. Request for Proposal
b. Addenda
c. Response (Proposal) from the Archaeological Company
In the event of conflict between the provisions of the Contract Documents and this Agreement,
the provisions of this Agreement shall prevail.
3. Reporting; Records. Archaeological Company shall exercise best efforts to
maintain communication with City personnel, whose involvement in the project is necessary or
advisable for successful and timely completion of the work of the project, including but not
limited to the closing of specific transactions. Communications between the parties shall be
verbal or in writing, as requested by the parties or as dictated by the subject matter to be
addressed. Archaeological Company shall maintain all project records for a minimum period of
three(3) years after the date of final payment for services rendered under this Agreement.
During the term of this Agreement and for the ensuing record-retention period, Archaeological
Company shall make any or all project records available upon reasonable request, and in any
event within two (2) business days of request,to City of Waterloo,N. E. Iowa Food Bank, and
Dept. of Housing and Urban Development (HUD, the Comptroller General of the United States,
and any other agency of state or federal government, or the duly authorized representatives of
any of the foregoing, that has provided funding or oversight for the construction of Single Family
Homes and the construction of the N.E. Iowa Food Bank Campus projects, for the purpose of
making audit, examination, excerpts and/or transcriptions. For purposes of this section,
"records" means any and all books, documents, papers and records of any type or nature that are
directly pertinent to this Agreement. Archaeological Company agrees to furnish, upon
termination of this Agreement and upon demand by the City, copies of all basic notes and
sketches, charts, computations, and any other data prepared or obtained by the Archaeological
Company pursuant to this Agreement, without cost and without restrictions or limitation as to the
use relative to specific projects covered under this Agreement. In such event, the Archaeological
Company shall not be liable for the City's use of such documents on other projects.
4. Government-Mandated Provisions. Because the project activity is funded by the
federal government, federal law requires that the City's contracts relating to the project include
certain provisions. It is possible that some of the provisions set forth in this Section do not apply
to Archaeological Company or the services to be provided hereunder, but the provisions are
nonetheless set forth to cause this Contract to comply with federal law. City makes no
representation about whether any particular requirement is applicable to this Contract.
Parenthetical comments in the following paragraphs are taken from 44 CFR § 13.36(i).
A. Remedies. See Section 6 below.
B. Termination for Cause and for Convenience. See Sections 6 and 7 below.
C. Archaeological Company shall comply with Executive Order 11246 of
September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order
11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR
Chapter 60). (applies to all construction contracts awarded in excess of$10,000 by grantees and
their contractors or subgrantees)
D. Archaeological Company shall comply with the Copeland "Anti-
Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR
Part 3). (applies to all contracts and subcontracts for construction or repair)
E. Davis-Bacon Act shall not apply.
F. Archaeological Company shall comply with Sections 103 and 107 of the
Contract Work Hours and Safety Standards Act(40 U.S.C. 327-330) as supplemented by
Department of Labor regulations (29 CFR Part 5). (applies to construction contracts awarded by
grantees and subgrantees in excess of$2,000, and in excess of$2,500 for other contracts which
involve the employment of mechanics or laborers)
G. City's Reporting Regulations and Requirements. See Section 3 above.
H. Patent Rights and Copyrights. With respect to any discovery or invention
that arises or is developed in the course of or under this Agreement, the Archaeological
Company is responsible for complying with requirements pertaining to patent rights, as defined
by the awarding agency. With respect to any publication, documents, or data that arises or is
developed in the course of or under this Agreement, the Archaeological Company is responsible
for complying with requirements pertaining to copyright, as defined by the awarding agency.
I. Access to Documents. See Section 3 above.
J. Retention of Documents. See Section 3 above.
2
K. Archaeological Company shall comply with all applicable standards,
orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)),
Section 508 of the Clean Water Act(33 U.S.C. 1368), Executive Order 11738, and
Environmental Protection Agency regulations (40 CFR Part 15). (applies to contracts,
subcontracts, and subgrants of amounts in excess of$100,000)
L. Energy Efficiency Standards. Archaeological Company shall comply with
mandatory standards and policies relating to energy efficiency that are contained in the State
Energy Conservation Plan issued pursuant to the Energy Policy and Conservation Act (Pub. L.
94-163, 89 Stat. 871). [53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 N'lZ 19639, 19645,
Apr. 19, 1995].
5. Indemnity. Except as to any negligence of City, its officials, officers, employees
or agents, in the performance of any duty under this Agreement, and to the extent not covered by
insurance maintained by Archaeological Company, Archaeological Company agrees to defend
and indemnify City, its officials, officers, employees and agents, and to hold same harmless,
from and against any and all claims, demands, causes of action, losses, costs, or liabilities
whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in
connection with the acts or omissions of Archaeological Company in providing the services
contemplated by this Agreement.
6. Default; Termination for Cause. In the event that Archaeological Company
defaults in the performance or observance of any covenant, agreement or obligation set forth in this
Agreement, and if such default remains uncured for a period of fourteen (14) days after notice
thereof shall have been given by City to Archaeological Company(or for a period of twenty-eight
(28) days after such notice if such default is curable but requires acts to be done or conditions to be
remedied which,by their nature, cannot be done or remedied within such 28-day period and
thereafter Archaeological Company fails to diligently and continuously prosecute the same to
completion within such 28-day period), then City may declare that Archaeological Company is in
default hereunder and may take any one or more of the following steps, at its option:
a. by mandamus or other suit, action or proceeding at law or in equity,require
Archaeological Company to perform its obligations and covenants hereunder,
or enjoin any acts or things which may be unlawful or in violation of the rights
of the City hereunder, or obtain damages caused to the City by any such
default;
b. have access to and inspect, examine and make copies of all books and records
of Archaeological Company that pertain to the project;
c. declare a default of this Agreement,make no further disbursements, and
demand immediate repayment from Archaeological Company of any funds
previously disbursed under this Agreement;
d. terminate this Agreement by delivery to Archaeological Company of written
notice of termination; and/or
3
e. take whatever other action at law or in equity may be necessary or desirable to
enforce the obligations and covenants of Archaeological Company hereunder,
including but not limited to the recovery of funds.
No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or
waive the right of City to enforce the same or to obtain relief against or recover for the continuation
or repetition of such breach or violation or any similar breach or violation thereof at any later time
or times. In the event that City prevails against Archaeological Company in a suit or other
enforcement action hereunder,Archaeological Company agrees to pay the reasonable attorneys'
fees and expenses incurred by City.
7. Termination for Convenience. This Agreement may be terminated at any time, in
whole or in part, upon the mutual written agreement of the parties. City may also choose to
terminate this Agreement at any time by delivering to Archaeological Company 30-days'
advance written notice of intent to terminate.
8. Non-Assignable Duties. Archaeological Company may not assign his or her
duties hereunder without the prior written consent of City.
9. Independent Contractor. Archaeological Company is an independent contractor
and is not an employee, servant, agent, partner, or joint venturer of City. Archaeological
Company has no power or authority to enter into contracts or agreements on behalf of City. City
shall determine the work to be done by Archaeological Company, but Archaeological Company
shall deteiiuine the legal means by which he or she performs the work specified by City. City is
not responsible for withholding; and shall not withhold, FICA or taxes of any kind from any
payments that it owes Archaeological Company. Neither Archaeological Company nor his or
her employees, if any, shall be entitled to receive any benefits which employees of City are
entitled to receive and shall not be entitled to workers' compensation, unemployment
compensation, medical insurance, life insurance, pension, or any benefits of any type or nature
whatsoever on account of their work for City. Archaeological Company shall be solely
responsible for compensating his or her employees, if any.
10. Severability. In the event any provision of this Agreement, together with the
Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the
remaining provisions of this Agreement shall not be affected thereby and shall continue in full
force and effect. If, for any reason, a court finds that any provision of this Agreement is invalid,
illegal, or unenforceable as written, but that by limiting such provision it would become valid,
legal, and enforceable, then such provision shall be deemed to be written and shall be construed
and enforced as so limited.
11. General Terms. This Agreement, together with the Contract Documents,
constitutes the entire agreement between the parties pertaining to the subject matter hereof. This
Agreement may not be modified or amended except pursuant to the mutual written agreement of
the parties. This Agreement is binding on the parties and the heirs, personal representatives,
successor and assigns of each. Time is of the essence in the performance of the terms hereof.
The initial term of this Agreement shall be for twelve(12) months as of the date first set forth
above.
4
IN WITNESS WHEREOF, the parties have executed this Contract for Archaeological
Services as of the date first set forth above.
CITY OF WATERLOO, IOWA
By:
Ernest G. Clark, Mayor [Archaeological Company]
Attest:
City Clerk
5
SERVICE FEE ADDENDUM
Activity Title Cost
Phase I Archaeological Study $
(lump-sum cost for all properties)
Monitoring of excavation activities if required $
(per property cost)
Monitoring of demolition activities if required $
(per property cost)
Total actual expenses allowed by the project Contract, including any renewal extensions of
the Contract,shall not exceed $
N.E. Iowa Food Bank and New Housing Construction
Exibit B
Legend
Vacant Lots
Single Family Construction
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