Loading...
HomeMy WebLinkAboutResolution - 041075C - Contract For Archaeological Survey - TTU - Canyon Lakes Project - 04_10_1975-r ,71U5G JWF:rmj 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 CONTRAC FOR ARCHAEOLOGICAL SURVEY between the CITY OF LUBBOCK and TEXAS TECH UNIVERSITY, 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 loth day of April 1975, ROY BASS, MAYOR ATTEST Treva Phillips, City cretary-Treasurer APPROVED AS TO FORM: Senter, Jr. City ttorney CONTRACT FOR ARCHAEOLOGICAL SURVEY WHEREAS, the FEDERAL ADVISORY COUNCIL ON HISTORIC PRESERVATION has requested the BUREAU OF OUTDOOR RECREATION OF U. S. DEPARTMENT OF INTERIOR on or about February 19, 1975, to investigate to determine whether Sections 1 (3) or Section 2 (B) of U. S. Presidential Executive Order 11593 are applicable under guide- lines and procedure set forth in Volume 36 Code of Federal Regulations Part 800, as regards the Canyon Lakes Project (Yellowhouse Canyon), partially funded by BOR and HUD; and, WHEREAS, such report and investigation was requested for such purposes as aforesaid, and in order to expedite such matters, it calls for the carrying out of an Archaeological Survey as soon as possible since same has been delayed and no notice was heretofore given the CITY OF LUBBOCK of the need therefor in the Canyon Lakes Project from its inception by approval of the Canyon Lakes Project bond election approval by the voters of LUBBOCK, TEXAS, Proposition 4 for $2, 800, 000. 00 in general obligation bonds held on August 8, 1970, and construction contract for the Canyon Lakes Dams undertaken for the CITY OF LUBBOCK by Commercial Concrete Construction Company, Inc., in September 9, 1974, in the amount of $1, 252, 176. 90, as a part of recovery and resulting from a natural disaster, to -wit the Lubbock Tornado of May 11, 1970, until in or about the month of January, 1975, when a series of meetings began between representatives of the CITY OF LUBBOCK and TEXAS TECH UNIVERSITY representatives to discuss whether the CITY OF LUBBOCK should and/or would sponsor such a survey, and after various such meetings TEXAS TECH -representatives requested Federal Department of Interior Officials to, in turn, request the investigation hereinabove set forth in accordance with Federal Regulations applicable in the premises; and, WHEREAS, after such delay, the CITY OF LUBBOCK desires to proceed in such matters and engage the services of TEXAS TECH UNIVERSITY as a CONTRACTOR to complete such survey and/or recovery and preservation of Archaeological Data, as requested by the FEDERAL DEPARTMENT OF INTERIOR; NOW THEREFORE: KNOW ALL MEN BY THESE PRESENTS: This Agreement entered into as of the 28th day of April 1975, by and between the CITY OF LUBBOCK, TEXAS, a Texas Homerule Municipality, acting through its MAYOR hereunto duly authorized, herein- after called "CITY", and TEXAS TECH UNIVERSITY acting through its Executive Vice -President herein called "CONTRACTOR", to -wit: I. TERM The term of this Agreement shall be a ninety (90) day term, being from the date hereof next -above written until ninety (90) days from and after said date. II. PURPOSE The purpose of this contract is to accomplish a preliminary survey and/or investigation for possible archaeological, historical, and/or pre -historical data and potential preservation thereof, being requested by Federal Officials as set forth in the preamble hereof. SCOPE OF SERVICES CONTRACTOR is to perform said survey in the Yellowhouse Canyon in what is sometimes known as the Canyon Lakes Project. The length of time is ninety (90) days to complete the Project. Before any exploration or survey begins in a given area, CONTRACTOR shall give CITY one week's notice of the exact location and extent thereof. CONTRACTOR is to perform the following services, principally through the Museum of TEXAS TECH UNIVERSITY or such other Department as CONTRACTOR shall designatef Survey work as hereinabove indicated and writing of a report will be substantially as follows: The three stages or steps of the survey are presented below with an estimated time schedule and personnel required. The steps are essentially concurrent since the trenching and drilling aspects of the operation can proceed at the same time as the surficial survey. The Project Supervisor is responsible for the survey work and writing of the report. Step I; Initial reconnaissance and assessment A. Surface reconnaissance for archaeological and historical sites, including the assessment of sites already discovered by construction operations. B. Surficial geological and geomorphological assessment of areas most likely to contain buried sites. C. Time estimated at two weeks with two field surveyors. Step II: Preliminary testing and stratigraphic reconnaissance A., Drilling and trenching of selected areas. B. Correlation, preliminary mapping, evaluation of data. C. Time estimated at one week with backhoe operator and two field archaeologists. Step III: Augmented testing and sampling of areas most likely to reveal buried sites. A. Based on results of Step II. B. Time estimated at seven weeks with a backhoe operator and two field archaeologists. A lab assistant is necessary to process and catalog the sites and materials recovered during the survey. The Project Supervisor will spend the third month of the survey compiling surface and subsurface data, writing the report and making recommendations for further archaeological work in the project area. Depending on the results of the survey, the recommendations and the decisions of the Texas Historical Commission, the second phase of archaeological research would be the excavation of selected sites. A separate proposal and budget will be submitted if this phase becomes necessary, and is not included within the scope of this contract as presently executed. The CONTRACTOR will. prepare a report entitled "Preliminary Reconnaissance and Assessment of Cultural Resources in the Canyon -2- Lakes Project" --which will include, but not limited to, narratives, maps and tables as outlined below: (1) Narrative description of the criteria upon which the need for said survey is based and narrative and graphic summary of the areas studied and/or surveyed. (2) Narrative description of survey technique and procedures used. (3) Narrative and graphic description of the survey results to include stated recommendations. The ownership of all final and finished drawings, tracings, negatives and reproducible originals and narratives prepared by the CONTRACTOR shall become the property of the CITY. IV. BUDGET The Budget for the Project shall, subject to minor adjustments as agreed to in writing by the parties shall be substantially as follows: Personnel: 1 Project Supervisor @$1, 000/mo. for 3 mos. $3006. 00 1 Equipment Operator @ $4. 50/hr. for 2 mos. 1440.00 2 Field Archaeologists @$3. 50/hr. for 2 mos. 2240.00 2 Field Surveyors @$3. 00/hr. for 2 wks. 480.00 1 Lab Assistant half time @$3.00/hr. for 2 mos. 480.00 1 Draftsman/Photographer quarter time @$3.00/hr. for 1 month 120.00 1 Secretary quarter time @$3.00/hr. for 1 mo. 120.00 $7880. 00 1016 Fringe Benefits 788,00 10% University Overhead 788.00 Subtotal $9456.00 $9456.00 Equipment Rental and Expendables: 1 Combination 18-20 ft. backhoe/front end loader @$1000/mo. for 2 mos. $2000.00 Fuel, lubrication, hydraulic fluid for backhoe 350.00 1 Vehicle (rental pickup) @$215/mo. for 2 mos. 430.00 Mileage and gas for pickup @8 cents/mi. and 50 cents/gal, for 1000 miles 125.00 -3- Lab Supplies ( forms, bags, tags, film,, vials, etc.) 250.00 Report preparation and supplies ( film chemicals, paper, offset publication, etc.) 260.00 Subtotal $3415. 00 $3415.00 TOTAL $12871. 00 V. INDEPENDENT CONTRACTOR Personnel used by the CONTRACTOR shall at all times be considered as employees, agents, servants, and/or representatives of CONTRACTOR. and CONTRACTOR alone, and CONTRACTOR is hereby declared to be an INDEPENDENT CONTRACTOR in all respects, and CONTRACTOR shall assume liability and responsibility for the actions of all its principals, agents, and personnel who are engaged for any of the service performed under this agreement as authorized and permitted by the Texas Tort Claims Act. CONTRACTOR shall select its personnel with reasonable care as regards background, education, and experience so as to assure quality performance of this Contract in compliance with Federal and State of Texas Regulations applicable hereto. VI. REIMBURSEMENT CONTRACTOR is to be reimbursed in accordance with the above budget upon presentation to CITY Office of Senior Planner and/or Director of Planning by CONTRACTOR of a bill for expenses for reimbursement to the office of undersigned Executive Vice -President of CONTRACTOR on a monthly basis, the total amount of which shall be within the limits of the above budget, to -wit: $12, 871. 00. CITY will be reimbursed by Texas Parks and Wildlife. Department and/or U. S. Department of Interior for i (5076) of such expenses. The CITY shall withhold final payment of 10% of the amount due to the CONTRACTOR under this Agreement until the CITY gives its final approval of completion of the scope of services. V II. REQUEST FOR CITY WORK STOPPAGE Any request by CONTRACTOR or its representative to the CITY OF LUBBOCK for a work stoppage on the CITY'S Canyon Lakes Project shall be to the City Superintendent of Parks or Director of Parks and Recreation of the CITY. Any artifacts or objects of antiquity which might be discovered may be removed by CONTRACTOR and the CITY Senior Planner or Director of Planning will be notified of such discovery, and the disposition made thereof as soon as possible, in any event not to exceed seven (7) days after such discovery; PROVIDED HOWEVER, it shall never be construed that the CITY OF LUBBOCK is in any wise relinquishing any right, title, or interest in any artifact or object of antiquity by virtue of allowing CONTRACTOR to remove same. VIII. SAFETY CONTRACTOR shall comply with all State and Federal Regulations as regards all antiquities and/or Archaeological Survey and Preservation activities, and in connection therewith, the safety of excavation, ditching e and all other hazardous activity accomplished hereunder, and shall expedite the project as rapidly as possible so as not to create and/or cause delays in construction compensable to the CITY OF LUBBOCK by the U. S. Secretary of Interior as set forth in Title 16 Uni ted States Code, Sections 469A-1(B) and 469A-2. Time is hereby declared to be of the essence of this Contract in order to expedite its orderly completion within the ninety (90) day term hereinabove set forth. The CONTRACTOR shall comply with Ti tie VI of the Civil Rights Act of 1964 (Attachment A and made a part hereof) and Executive Order 11246. I X. CANCELLATION This Contract may be cancelled by either party hereto upon seven ( 7) days notice to the other party by registered U. S. Mail. In case of such cancellation, CI TY shall be 1 i abl a for expenses hereunder only to date of cancellation. X. DAILY LOG The CONTRACTOR shall keep a daily log of all activities, the original of which will become the property of the CITY. EXECUTED AS OF DATE OF FIRST ABOVE WRITTEN, witness our hands and seals respectively set at Lubbock, Texas. CITY LU OCK BY: R. Y B S, MAYOR ATTEST: �i %2/% // -Treva Phillips, Ci�/Secretary-Treasurer APPROVED AS TO. FORM: Fred O. Senter, Jr., C' ttorney TEXAy TECH UNI VE ITY BY: c r'^rJrC LENN E. BARNETT EXECUTIVE VICE-PRESIDENT ATTEST• - Sib cretary;`Board of Regents During the performance of this contract, the contractor agrees as follows: a. The contractor will not discriminate against any employee or appli- cant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be • limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or ter- mination; rates of pay or other forms of compensation; and selec- tion for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employ- ment without regard to race, color, religion, sex, or national origin. c. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the contractor's commitment under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965. and by rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and ac- counts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regu- lations, and others. f. In the event of the contractor's non-compliance with the non- discrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 Of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. The contractor will include the provisions of .; FaMUMM para- graphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such pro- visions, -including sanctions for non-compliance: Provided, however', that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States. .4I-N r 11 IN r= N I- f�