HomeMy WebLinkAboutResolution - 3944 - Contract - Hicks & Company - Archaeological Services, Landfill Site - 08_13_1992Resolution No. 3944
August 13, 1992
Item #23
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Archaeologi-
cal Services Contract between the City of Lubbock and Hicks & Company,
attached herewith, which shall be spread upon the minutes of the Council
and as spread upon the minutes of this Council shall constitute and be a
part of this Resolution as if fully copied herein in detail.
Passed by the City Council this
ATTEST:
anefte boya, L,ty secreta
APPROVED AS TO CONTENT:
Rita Harmon,
Assistant City Manager
APPROVED AS TO FORM:
G. Vandiver,
First Assistant City Attorney
DG V AVAGENDA-D I X-HICKS . res
July 14, 1992
Resolution No. 3944
August 13, 1992
Item #23
ARCHAEOLOGICAL SERVICES CONTRACT
AGREEMENT made as of August 13, 1992 between City of Lubbock
(hereinafter called the "Owner") and Hicks & Company (hereinafter called the "Consultant").
WHEREAS, the Owner seeks archaeological studies at the existing City landfill which
are required by the Texas Antiquities Committee; and
WHEREAS, the Consultant represents that he has sufficient experienced personnel and
equipment to perform the required service, and the Owner desires the Consultant to perform
the archaeological studies described in Exhibit A.
NOW THEREFORE, in consideration of the mutual undertakings herein contained, the
parties hereto agree as follows:
ARTICLE I
GENERAL
The Consultant shall render diligently and competently the archaeological services
described in its Proposal to Provide Archaeological Services, attached hereto as Exhibit A
and by this reference made a part of this Agreement, upon the terms and conditions herein
stated.
ARTICLE II
COMPENSATION
The Owner shall pay the Consultant, for services performed pursuant to this
Agreement, in the amounts provided in the amended schedule of cost included as Exhibit B.
Unless otherwise specified, the Consultant shall submit monthly invoices for work performed
and the Owner shall pay the Consultant within thirty (30) days after receipt of such
statement.
ARTICLE III
MISCELLANEOUS
Section 1. INSURANCE. The Consultant shall maintain workmen's compensation
insurance covering all employees of the Consultant who shall perform any of the obligations
of the Consultant hereunder, whether or not such insurance is required by the laws of the
State governing the employment of any such employees. If any employee is not subject to the
workmen's compensation laws of such State, such insurance shall extend to such employee
voluntary coverage to the same extent as though such employee were subject to such laws.
The policy of insurance shall be in such form and issued by such insurer as shall be
satisfactory to the Owner.
Section 2. LIABILITY. The Consultant shall maintain general liability insurance in
an amount of not less than one million dollars while completing the undertaking described
herein.
Section 3. AUTO INSURANCE. The Consultant shall maintain automobile liability
insurance as required by the State of Texas or verify that such insurance is provided for
all vehicles operated as part of the undertaking herein described.
Section 4. QUALIFIED PERSONNEL. The obligations and duties to be performed by
the Consultant under this Agreement shall be performed by persons qualified to perform such
duties efficiently.
Section 5. ASSIGNMENT. Except as stated in Exhibit A the obligations of the
Consultant under this Agreement shall not be assigned without the approval in writing of the
Owner.
Section 6. SCHEDULE. The Consultant shall complete the undertaking within five (5)
months after notice to proceed is received. The sample schedule provided in Exhibit A shall
be amended to reflect the final approval of this contract and subsequent notice to proceed.
Section 7. APPLICABLE LAW. This Agreement shall be considered to be performed in
Lubbock County, Texas
Section 8. INDEPENDENT CONTRACTOR. Consultant is, and shall remain, an
independent contractor with full, complete and exclusive power and authority to direct,
supervise, and control his own employees and to determine the method of the performance of
the work covered hereby. The fact that the Owner shall have the right to observe
Consultant's work during his performance and to carry out the other prerogatives which are
expressly reserved to and vested in the Owner hereunder, is not intended to and shall not at
any time change or effect the status of the Consultant as an independent contractor with
respect to either the Owner or to the Contractor's own employees or to any other person,
firm or corporation.
Section 9. TERMINATION OF AGREEMENT. This Agreement shall become effective
as of the date of execution hereof and shall remain in effect and be paid in accordance with
Exhibit B. Termination of the contract by either party requires 30 days written notice.
All work completed up to that time shall be paid at the stated fees.
ARCHAEOLOGICAL SERVICES CONTRACT - Page 2
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be duly
executed this 13th day of August , 1992.
HICKS & COMPANY
Consultant
BY: — /Z '-'- fe
ATTEST: /
Secretary
ATTEST:
Can to- L-19
y , City SecretT
APPROVED AS TO CONTENT:
Rita Harmon,
Assistant City Manager
APPROVED AS TO FORM:
nald G. Vandiver,
First Assistant City Attorney
DGV :da/1NST-D8/C-HICKS.doc
July 14, 1992
ARCHAEOLOGICAL SERVICES CONTRACT - Page 3
Hicks & Company
EXHIBIT B
AMENDED MAXIMUM COSTS
ARCHEOLOGICAL SERVICES
LUBBOCK LANDFILL SITE
Staff
Daily Rate
Days
Cost
FIELD
PI
$400
4
$1,600
Geomorphologist
$300
3
$900
Field Director
$250
10
$2,500
Crew
$175
30
$5,250
FIELD LABOR
47
$10,250
ANALYSIS
Principal Investigator
$400
10
$4,000
Geomorphologist
$300
4
$1,200
Faunal Analyst
$500
4
$2,000
Malacologist
$250
4
$1,000
Field Director
$250
24
$6,000
Lab Assistants
$175
10
$1,750
Screening/Matrix Sort
$80
45
$3,600
ANALYSIS LABOR
101
$19,550
TOTAL LABOR
$29,800
EXPENSES
Airfares
$1,000
Lodgings
$52
40
$2,080
Per Diem
$20
44
$880
Vehicle
$60
10
$600
Misc Field Expenses
$500
Radiocarbon Dates
$370
3
$1,110
Pollen Samples
$100
2
$200
Diatom Samples
$100
2
$200
Estimated Curation Costs
$500
Report Production
$600
TOTAL NON -LABOR
$7,670
OVERALL
TOTAL
$37,470