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Home My WebLink AboutResolution - 2002-R0285 - Contract For Construction Of Brazos River Journey At Science Spectrum - 07_11_2002Resolution No. 2002—RO285 July 11, 2002 Item No. 44 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, by and between the City of Lubbock and Science Spectrum, a contract for the construction, operation and management of the Brazos River Journey: Texas Alive! Exhibit to be located in the basement of the Science Spectrum at 2579 S. Loop 289, Lubbock, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 1Ith day of July 2002. MARC MCDO GAL, MAYOR ATTEST: QtLac� (�� - Rebecca Garza City Secretary APPROVED AS TO CONTENT: Corbin Pemberton Community Projects Manager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney Ccdocs/Science Spectrum, Brazos River Journey: Texas Alive! ExhibitRes July 11, 2002 Resolution No. 2002—RO285 July 11, 2002 Item No. 44 MANAGEMENT AGREEMENT AGREEMENT made on July 11, 2002 at Lubbock, Texas, between City of Lubbock, a Texas municipal corporation, located at 1625 13th Street, Lubbock, Texas (the "City") and Science Spectrum, of 2579 S. Loop 289, Lubbock, Texas. In consideration of the mutual promises contained in this contract, the parties agree as follows: Recitals It is the desire of the City to engage the services of the Science Spectrum to perform for the City management services, regarding the general administrative and management functions for the operation of the Brazos River Journey: Texas Alive! Exhibit located at 2579 S. Loop 289, Lubbock, Texas, as an independent contractor and not as an employee. It is the desire of the Science Spectrum to consult with the City of Lubbock Parks and Recreation Manager and the administrative staff, and to undertake, for the City, management as to the direction of certain functions in the management of the Brazos River Journey: Texas Alive! Exhibit. AGREEMENT Term 1. This agreement will remain in effect for a period of twenty-five (25) years, commencing on July 11, 2002. Brazos River Journey: Texas Alive! Exhibit 2. The Brazos River Journey: Texas Alive! Exhibit (Exhibit) shall consist of (a) nature center and exhibit center, (b) classroom and meeting center, (c) computer laboratory, (d) science laboratory, and (e) rock climbing wall. The 8,000 sq. ft. Exhibit shall be located in the basement of the Science Spectrum Building. Consultations 3. The Science Spectrum will make themselves available to consult with the Parks and Recreation Manager and the administrative staff, at reasonable times, concerning matters pertaining to construction, operation and management of the Brazos River Journey: Texas Alive! Exhibit. Construction 4. Building and exhibit plans must be approved by City and by Texas Parks and Wildlife Department ("TPWD") prior to construction. The City encourages the Science Spectrum to utilize Green Construction methods and materials, including recycled Management Agreement, City of Lubbock and Science Spectrum ,Page 1 interior furnishings, fingered wall studs, OSB backer walls and insulation. The Science Spectrum will follow the Design/Development Process in accordance with Texas Recreation and Parks Account Program ("TRPA") grant requirements as outlined in Section 3: "Design/Development Process" on pages 19-29 of the Instructions For Approved Projects, Texas Recreation and Parks Account Program, dated September 1994, The Science Spectrum will submit all reimbursement requests to City in a timely manner. All reimbursement requests less than Ten Thousand dollars and no/100 ($10,000) shall be held until the total for that request exceeds Ten Thousand dollars and no/100 ($10,00.00). Reimbursements shall be made only after the work has been completed and expenditures by Science Spectrum have been incurred. The City will, in turn, submit the reimbursement request to TPWD in accordance with procedures outlined in Section 4: "Reimbursement Process" on pages 31-63 of the Instructions for Approved Projects, TRPA, September 1994. Upon receipt of reimbursement from TPWD, the City will reimburse the Science Spectrum. The Construction will occur in two phases. The second phase may begin prior to the completion of the first phase. Phase 1 The Exhibit is to be completed by October 2003. The various features will be demonstrated through a range of programs intended to entertain and involve the visitors. Audio and/or visual Spanish translations of the exhibit information shall be made available for the Hispanic minority visitors. Highlighting the exhibits will be displays on the Southern High Plains, Playa Lakes, Prairie Streams, Reservoirs, Mainstream, the Gulf of Mexico, and the Gulf and Beyond. See "Site Plan" Section, sheet 3 of 3, Environmental Theme Layout, for the location of these improvements. Below is a brief description of the areas and recreational methods used to convey information pertaining to the variety of Brazos River ecosystems: Southern High Plains The proposed exhibits will include text and graphics that provide an overview of the plants, animals, and ecology of the Southern High Plains' ecosystem. There will be samples of the effect of water and erosion. Interactive exhibits allow challenges of identifying birds of the area. Aquarium and text materials provide information on the hardy fish found in the Southern High Plains. Terrariums will be used to display the invertebrates, reptiles and mammals of this area. Static displays and interactive displays will introduce visitors to the basic properties and importance of water and climate. This space will be used as a classroom. Refer to sheet 3 of 3 — Environmental Theme Layout. Management Agreement, City of Lubbock and Science Spectrum Page 2 Playa Lakes The proposed exhibits will include an introductory graphic presentation of the playa ecosystems. A shallow pool will allow visitors to operate magnifying periscopes to view macro invertebrates found in the playa lakes. Enclosures will be used to display invertebrates and amphibians of the playa lakes. This space will be used as a classroom. Refer to sheet 3 of 3 — Site Plan for Development. Brazos River A video program will introduce the visitors to the entire Brazos River watershed as it flows from the South Plains, through reservoirs, to mainstream channel, to coastal river, to the Gulf of Mexico. Enclosures will exhibit invertebrate and reptile species that can be found along much of the Brazos River. A floor map will show the rivers sub -regions and also the routes of early explorations. This space will be used as a classroom. Refer to sheet 3 of 3 — Site Plan for Development. Prairie Stream Graphic panel exhibits, dry tanks for terrestrial species, a magnification station, flip books and an aquarium trace the small prairie streams and their ecosystem. A single large tank will feature snakes of the prairie streams. Live animal enclosures will contain lizards and turtles, invertebrates, and a variety of small, colorful fish from the prairie stream section of the Brazos River. An exhibit will also explain the food chain and the use of the senses for survival. Magnifiers offer close-up views of a variety of objects related to the Prairie Streams. A portion of this space will be used as a Science Lab for pre-school age children. Refer to sheet 3 of 3 — Site Plan for Development. Reservoir The reservoir exhibits will focus on the recreation opportunities and other benefits of the reservoirs, as well as the impact of reservoirs on the Brazos River ecosystem. Visitors will find a large aquarium that features an Aquascan station that allows visitors to manipulate an underwater video camera. The video image will be displayed on an overhead monitor for visitors to see. A `discovery dock' holds a variety of activities aimed at children. A second video segment will examine the history and impact of dams on the Brazos River. An interactive display on the game fish in the reservoirs will be available. Aquariums offering identification challenges and displaying the variety of native and introduced fish are also available. Management Agreement, City of Lubbock and Science Spectrum Page 3 Mainstream Graphic exhibits of the ecosystem, and an aquarium provides an overview of the mainstream reaches of the Brazos River. A river mural offers insight into the variety of marshes, sloughs, ponds, coastal prairies, and swamps and their associated plants, animals and ecology. Magnifiers will offer close-up views of insects found in the mainstream Brazos River. Visitors will find windows that will challenge them to find `camouflaged' insects, reptiles/amphibians, and fish. A demonstration stage will present entertaining educational programming. This space will be used as a Science Lab for all school ages. Refer to sheet 3 of 3 — Site Plan for Development. Coastal River Along with a third video program, murals and other graphic presentations focus on the birds and wetland habitats of this area. Information about the impact human development has had on the river, estuaries, and wetlands will also be provided. A bird sound identification challenge will be offered. A dry animal enclosure for turtles is also included. Magnifiers offer close-up views of a variety of objects related to the Brazos River as it meet the Gulf of Mexico. The Gulf of Mexico A Gulf of Mexico mural provides an overview of the plants, animals and ecology of the Gulf of Mexico. A large aquarium presents estuarine fish species found in the gulf. A graphic panel explains the differences between freshwater and saltwater fish. Magnifiers offer close-up views of a variety of objects related to the Gulf of Mexico. The Gulf and Beyond The last area takes a global perspective on fish and the ocean ecosystems. Three aquariums will be provided highlighting the variety of fish from the Gulf of Mexico, one highlighting the life of a coral reef, and one displaying sharks. There will be a hands-on demonstration of how fish swim. Further information on the anatomy of fish is also proposed. This space will be used as a classroom. Refer to sheet 3 of 3 — Site Plan for Development. Phase 2 will consist of improvements to the Science Spectrum Building and shall be completed by December 2003. Class Room/Meeting Room Recreational classroom and meeting room spaces shall be provided within the Exhibit area and in the adjacent space. Classroom activities will include those typical to the majority of most classrooms as well as the classrooms that will be centered on the themes and subjects related to the Brazos River and its Management Agreement, City of Lubbock and Science Spectrum Page 4 environment. The exhibits will permit the study of the Brazos River environment within a classroom setting. Computer Laboratory The computer laboratory includes space required to teach computer skills as well as illustrate how the Brazos River environment evolves over time and other related environmental subjects. For example, the visitor, with the use of the computer, can discover the way fish swim and study the anatomy of fish. Refer to sheet 2 of 3, Room Layout. Computer lab space is included in the proposed project in two locations. One is within the Exhibit and the second is located in a room designed specifically for that purpose. Refer to sheet 2 of 3, Room Layout. Science Laboratories Just as in the classroom spaces, the science laboratory activities may occur in the Exhibit area as an applied science laboratory. Activities will also occur in the science laboratory, which includes the typical science laboratory activities found in a large number of science laboratories. Refer to sheet 2 of 3, Room Layout. Craft Room The craft room will be used for hands-on recreational activities. Visitors will have the opportunity to create different natural objects and animals using materials supplied by the Science Spectrum. Refer to sheet 2 of 3, Room Layout. Rock Climbing Wall The climbing wall will be used for hands-on recreational activities. Visitors will have the opportunity to experience an outdoor activity based on a replication of a popular destination at Lake Mineral Wells on the Rock Creek tributary of the Brazos River. Refer to sheets 1-4, Proposed Rock Climbing Wall Layout. Management 5. The Science Spectrum shall operate and manage the Exhibit. Compliance with Applicable Law 6. Science Spectrum shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this agreement, and any amendments thereto. Equipment and Supplies 7. The Science Spectrum will advise the city of Lubbock Parks and Recreation Manager on all matters pertaining to the purchase of equipment and supplies necessary for construction and operation of the Brazos River Journey: Texas Alive! Exhibit, including, specifically, advice as to sources of supply and quantitative purchases. Management Agreement, City of Lubbock and Science Spectrum Page 5 Employment of Assistants 8. The Science Spectrum may, from time to time, retain the aid of assistants or the services of other persons, companies, or firms that the Science Spectrum deems reasonably necessary in order to properly perform its duties and obligations under this agreement. Compensation 9. The City shall reimburse the Science Spectrum up to Seven Hundred Fifty Thousand and no/100 ($750,000.00) to construct the exhibit. Notice 10. A. General. Whenever notice from Science Spectrum to City or City to Science Spectrum is required or permitted by this agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand, (2) facsimile, or other reasonable means (in which case such notice shall be effective upon delivery), or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this section, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. Contractor's Address. Contractor's address and numbers for the purposes of notice are: Science Spectrum Attn: Cassandra L. Henry PO Box 93178 2579 S. Loop 289, Suite 250 Lubbock, Texas 79493 Telephone: (806) 745-2525 Facsimile: (806) 745-1115 C. City's Address. The City's address and numbers for the purposes of notice are: City of Lubbock Attn: Parks and Recreation Manager P. O. Box 2000 1625 13th Street Lubbock, Texas 79457 Telephone: (806) 775-2689 Facsimile: (806) 775-2686 D. Change of Address. Either party may change its address or telephone numbers for purposes of notice by giving written notice to the other party, referring specifically to this agreement, and setting forth such new address or telephone numbers. The address or telephone numbers shall become effective on the 15th day after such notice is effective. Management Agreement, City of Lubbock and Science Spectrum Page 6 Remedies 11. If any action at law or in equity is necessary to enforce or interpret the terms of this agreement, the prevailing party will be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which that party is entitled. Indemnity 13. City of Lubbock shall not be liable or responsible for, and shall be saved and held harmless by Science Spectrum from and against any and all suits, actions, losses, damages, claims, or liability of any character, type, or description, including all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly, in whole or in part, the performance of Science Spectrum under this agreement, including claims and damages arising in whole or in part from the negligence of City of Lubbock. It is the expressed intent of the parties to this Agreement that the indemnity provided for in this section is an indemnity extended by Science Spectrum to indemnify and protect City of Lubbock from the consequences of City's own negligence, whether that negligence is the sole or contributory cause of the resultant iniury, death, or damage. Assignability 12. Science Spectrum may not assign this agreement without the prior written approval of the City. Texas Law to Apply 14. This agreement is governed by the laws of the State of Texas, and all obligations of the parties created under this agreement are performable in Lubbock County, Texas. Parties Bound 15. This agreement will be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and assigns when permitted by this agreement. Legal Construction 16. In the event that any one or more of the provisions contained in this agreement is for any reason held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions, and the agreement will be construed as if the invalid, illegal, or unenforceable provision had never been contained in it. Management Agreement, City of Lubbock and Science Spectrum Page 7 Prior Agreements Superseded 17. This agreement constitutes the sole and only agreement of the parties to it and supersedes any prior understandings or written or oral agreements between the parties respecting this subject matter. Executed at Lubbock, Texas, on July 11, 2002. SCIENCE SPECTRUM DR Title: }Pyresa-r ATTEST: Reb cca Garza City Secretary APPROVED AS TO CONTENT: Corbin Pemberton Community Projects Manager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney Management Agreement, City of Lubbock and Science Spectrum Page 8 Evoo/ NORTH APPROX. SCALE : I" -- 20' TEXAS PAIRKS & WiLDLIFE DEPARTMENT RECREATION GRANTS BRANCH OFFICIAL 5 SPONSOR LL [. PROJECTNO SI--009g3 TYPE A (VA&D ACOUISrTIONAREA ��— PROJECT AREA LEASE EXPIRATION DATE NOT IN PROJECT- _ DATE 7—O , Prepared by: Department of Parks and Recreation City of Lubbock For: Texas Recreation & Parks Account Indoor Recreation Program Development Application Texas Parks & Wildlife With assistance from: Schrickel, Rollins & Associates, Inc. Job 4291 X w .U_ Stor. Lunch / All urpose Classroom / Meeting Room np�ic`;: x Science TeteX6om ' Lab ExistXech. !` Kitchen laniYN u' y Brazos Exhibit Support - EX s -4. +pr .l •S 1-^ AdminKahon Science Lab All School Ages Computer ❑ o�Temporary -'-'- I I Class Room Partition Lab Balloon ` (Typ-) 1 d m`�Cass Room \Pre -Soho rlR'\-Science I Dino i fi ,? 1 Class Room l \ Lab Craft i ��/Qm4 I Craft Room Room-------� ?5xz'Zt Storage Entry Room Layout _ Lubbock Indoor Recreation Center Science Spectrum / Brazos River ,Tourney SHT. 2 OF 3 Im a �,. . - ...-. � t wf"--: ilk-d."�t.��.:.*C+' �_ - ''=,�*r'r"'.�-•`'`' F' ._ .. - -.. NORTH APPROX. SCALE : I" = 20' TEXAS PARKS & MI.Di IFE DEPARTISE RECREATION GRAFTS BRANCH f OFFICIAL SrI SPONSOR l -Ltbbo PROJECT n ecA-e4 PROJECT NO `ODo TYPE A D>A&D ACQUISMONAREA,_ L� I I PROJECT AREA L L ASE Z70C. TION DATET IN T �DATE 1-12Z9.6A, Prepared by: Department of Parks and Recreation City of Lubbock For: Texas Recreation & Parks Account Indoor Recreation Program Development Application Texas Parks & Wildlife With assistance from: Schrickel, Rollins & Associates, Inc. Job 4291 of ; w m i- Lunch / Alkurpose Stor. Classroom I Meeting Room xk C�Z-' ng Kitchen Science Lab Janitor�ipply Exist? ech. Tele)pom Brazos Exhibit Support Computer ❑ ❑ � 'L—The Gulf Lab i and Beyond k l i k l I i Wave � Southern Tank High Craft Plains Room Admir - tration Mainstream Coastal V14 River Gulf of 01 Mexico Reservior Brazos River Prairie Stream Playa [� Lakes Storage Entry Environmental Theme Layout Lubbock Indoor Recreation Center Science Spectrum I Bra/.os River Journey SHT. 3 OF 3 11 k, 't'*0 �0'r J NORTH APPROX. SCALE: I" = 60' TEXAS PARKS & WILDUFE DEPARTMENT RECREATION GRANTS BRANCH � OFFIClA�EPBOUNDARY MAPsParcR G� PROJECT NO -O Da 4 TYPE A 6l'A&D ACQUISITION AREA PROJECT AREA LEASE EXPIRATION DATE NOT IN PFA)JECT � DATE LIZ D ,Z y Prepared by - Department of Parks and Recreation City of Lubbock Loop 289 Frontage Road � E TTM, I52Zr . . Resolution No. 2002-R For: - Texas Recreation & Parks Account 74th Street Indoor Recreation Program Development Application Sit& Plan for Development, Texas Parks & Wildlife -J - Lubbock 1n.fo o creation Cente' With assistance from; =} .",._,,Re Schrickel, Rollins & Associates, Inca 'LL - z Science Specrum_ / Br"az-os River Journey Job 4291