HomeMy WebLinkAboutResolution - 2009-R0158 - Agreement - TTU - Archeological Services Required By TX Historical Commission - 04/27/2009Resolution No. 2009--80158
April 27, 2009
Item No. 5.13
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute a Professional Services Agreement and any
associated documents by and between the City of Lubbock and Texas Tech University
for archeological services required by the Texas Historical Commission for various City
projects, which Agreement is attached hereto and made a part of this Resolution for all
intents and purposes.
Passed by the City Council this 27th day of April , 2009.
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TOM MARTIN, MAYOR
ATTEST:
RebeJa Garza, City Secretary
APPROVED AS TO CGNTENT:
Thomas L. Adams, Deputy City Manager
APPROVED AS TO FORM:
andi3er, City Attomey
DDres/Tech Arc heoIogyPSconWRes
April & 2009
Resolution No. 2009-RO158
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") is entered into this 27th
day of April , 2009, (the "Effective Date") by and between the City of
Lubbock (the "City"), a Texas home rule municipal corporation, and Texas Tech
University (the "University"), a state supported institution of higher education with its
principal place of business located at Fourth and Indiana, Lubbock, Texas 79409.
WITNESSETH
WHEREAS, the University through the museum has substantial skill and
experience in the preparation and completion of archeological services as required under
permits issued by the Texas Historical Commission (the "Services");
WHEREAS, the City is required to complete the Services (as defined below) to
comply with the laws and regulations of the State of Texas;
WHEREAS, the City desires to contract with the University to perform the
Services and the Museum desires to provide the Services;
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the City and the University agree as
follows:
ARTICLE I
Services
1.01 The University through the museum shall conduct all activities and within such
time frames, as set forth on Exhibit "A", "Scope of Services and Cost Breakdown
by Task", attached hereto (the "Services").
2.01
ARTICLE II
Compensation, Tenn and City Services
The University shall be paid for the Services to be provided the City as set forth
on Exhibit "B", "Compensation for Contract Services", attached hereto (the
"Compensation"), with an amount not to exceed $875,000.00 (See Exhibit `B").
The University may submit a statement documenting work completed and request
reimbursement for each task outlined in the Services as the work required for each
task has been completed. The invoice shall include both current billing period
information and project -to -date information. The City shall make payment within
30 days; however, the City may retain 5% of each project budget until all tasks
under a project are completed and the Texas Historical Commission (the
Commission) notifies the City that that all work is complete and no further action
is required of the City_
2.02 This term of this agreement shall be for a five year period, and the term shall
begin on the day that the Agreement has been approved and signed by both the
City and the University.
2.03 The City shall assist, through the City Water Utility Department, with the
completion of the Services by providing backhoe/trackhoe and operator services,
trench safety shields that allow people into the deep trenches with access to the
walls, and a minimum 6" pump capable of dewatering any underwater trenches.
ARTICLE III
Defaults and Termination
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3.01 In the event the City or the University breaches any term and/or provision of this
Agreement, and fails to remedy such breach within thirty (30) days after written
notice thereof is provided by the non -defaulting party, the non -defaulting party
shall be entitled to exercise any right or remedy available to it at law or equity,
including without limitation, immediate termination of this Agreement and
assertion of action for damages and/or injunctive relief. The exercise of any right
or remedy shall not preclude the concurrent or subsequent exercise of any other
right or remedy and all other rights and remedies shall be cumulative.
3.02 The City or the University may, in its sole discretion, terminate this Agreement at
any time after the Effective Date, with or without cause, upon ninety (90) days
written notice. Notice shall be given as provided for in Section 7.02. In the event
of termination, under either Section 3.01 or Section 3.02, the City shall reimburse
University for all costs incurred and all noncancelable obligations as of the date of
termination up to the budgeted amount for each project. Upon early termination of
this Agreement the parties will cooperate in all activities related to the transition
of professional archeologist or principal investigator under the Permits.
ARTICLE IV
Independent Contractor
4.01 It is understood and agreed that the University through the museum is to perform
the Services in a sound and professional manner and exercising the degree of care,
skill and diligence in the performance of the Services as is exercised by a
professional principal investigator, professional archeologist and curator of
all
5.01
5.02
archeological artifacts under similar circumstances and the University hereby
warrants to the City that the Services shall be so performed. Further, the
University is and shall be considered at all times an independent contractor under
this Agreement and/or in its service, hereunder. During the performance of the
Services under this Agreement, the University and the University's employees
will not be considered, for any purpose, employees or agents of the City within
the meaning or the application of any federal, state or local law or regulation,
including without limitation, laws, rules or regulations regarding or related to
unemployment insurance, old age benefits, workers compensation, industrial acts,
labor, personal injury or taxes of any kind.
ARTICLE V
Insurance/Indemni
The University warrants and represents that the University has adequate Worker's
Compensation Insurance that is applicable to officers, employees, and agents
while acting within the scope of their employment by the University, and the
University is self insured and has no liability insurance policy as such that can
extend protection to any other person. Nothing contained herein shall be
construed to limit the liability of the University under this Agreement.
To the extent allowed by the laws of the State of Texas, the University shall
indemnify and hold City and City's elected officials, officers, agents, employees
and independent contractors harmless, to the fullest extent permitted by law, from
and against any and all claims, demands, damages, costs, liabilities and expenses,
and including without limitation, reasonable attorney's fees, as a result of, related
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to, arising from, or related to the University's use or occupation of City owned
lands, and/or any matter related to the University's activities, performances,
operations or omissions under this Agreement.
ARTICLE VI
Ownership of Artifacts/Curation
6.01 Any and all artifacts, documents, drawings, specifications and reports prepared by
the University through the museum remain the property of the State of Texas and
the University and shall remain with the museum as part of its collection. The
City or its designated representative shall have access to any such artifacts,
documents, drawings and reports. The City shall also be entitled to receive final
copies of all reports submitted to the Commission to document the completion of
work required to meet the terms and conditions of the permits.
ARTICLE VII
Miscellaneous
7.01 The University shall comply with all laws, statutes, regulations, ordinances, rules
and any other legal requirement related to, in any way, manner or form, the
performance of the Services contemplated herein.
7.02 Any notice required by this Agreement shall be deemed to be properly served, if
(i) provided in person or by telephonic facsimile; or (ii) deposited in the United
States mail by certified letter, return receipt requested, addressed to the recipient
at recipient's address shown below, subject to the right of either party to designate
a different address by notice given in the manner just described. Notice shall be
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deemed to be received when delivered if provided in person or by telephonic
facsimile or, if deposited in the United States mail, as set forth above, three (3)
days after depositing such notice in the United States mail, as set forth above.
For City:
Thomas L. Adams, Deputy City Manager
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Facsimile No. 806-775-2051
For University involving a technical matter:
Dr. Eileen Johnston
Museum
Texas Tech University
Lubbock, TX 79409-3191
Facsimile No. 806-742-1136
For University and involving a contractual or administrative matter:
Dr. Kathleen Harris
Office of Research Services
Texas Tech University
Lubbock, TX 79409-1035
Facsimile No. 806-742-3584
7.03 THIS AGREEMENT IS TO BE CONSTRUED UNDER TEXAS LAW
WITHOUT REGARD TO CONFLICT OF LAW RULES THAT WOULD
DIRECT APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION.
THE OBLIGATIONS OF THE PARTIES CREATED BY THIS AGREEMENT
ARE PERFORMABLE IN LUBBOCK COUNTY, TEXAS. VENUE FOR ANY
ACTION BROUGHT PURSUANT TO THIS AGREEMENT, OR ACTIVITY
M
CONTEMPLATED HEREBY, SHALL EXCLUSIVELY BE IN LUBBOCK
COUNTY, TEXAS.
7.04 This Agreement represents the entire and sole agreement between the City and the
University with respect to the subject matter hereof and supersedes any and all
prior negotiations, understandings, representations or other agreements, whether
written or oral. This Agreement may not be modified or amended except in
writing and duly authorized and executed by each party hereto.
7.05 Nothing contained herein shall be construed to imply a joint venture, joint
enterprise, partnership or principal — agent relationship between the University
and the City.
7.06 If any provision of this Agreement is declared invalid or unenforceable, such
provision shall be deemed modified to the extent necessary to render it valid and
enforceable so long as said modification is reasonably within the intent of the
parties as originally expressed. In the event such provision may not be so
modified, the unenforceability or invalidity of any provision shall not affect any
other provision of this Agreement, and this Agreement shall continue in force and
effect as if such provision had not been included in this Agreement.
7.07 A waiver by either City or the University of a breach of this Agreement shall be in
writing to be effective. In the event either party shall execute and deliver such
waiver, such waiver shall not affect the waiving party's rights with respect to any
other or subsequent breach.
7.08 Neither City nor the University may assign this Agreement, in whole or in part,
without the written consent of such assignment by the non -assigning party. City
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and Museum each bind itself or himself, their legal representatives and permitted
assigns in respect to all provisions of this Agreement.
7.09 Nothing in this Agreement shall be construed to provide any rights or benefits
whatsoever to any party other than City and the University.
7.10 This Agreement is binding upon and inures to the benefit of City and the
University and their respective heirs, executors, administrators, successors and
assigns.
7.11 The University represents and warrants to City that it has taken all actions
necessary to authorize the party executing this Agreement to bind, in all respects,
the University to all terms and provisions of this Agreement, and that such person
possesses authority to execute this Agreement and bind the University hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement by their
duly authorized representatives as of the date first written above.
Texas Tech University:
By:
Name: r 14"
Title: ll C -S
CITY OF LUBBOCK
Tom Martin, Mayor
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Comas L. Adams
uty City Manager
Aubrey Sp
Water UtiUy Director
APPROVED AS TO FORM:
Don andiver
City Attorney
m
Resolution No. 2009-RO158
EXHIBIT A
Scope of Services and Cost Breakdown by Project
If the City decides that work on pending capital improvement project, including
archeological permit work, related to or affected by this Agreement must proceed before
the Scope of Services in this Agreement has been completed, the City shall have the right
to call a meeting of both parties towards resolution of delayed progress. If
resolution cannot be reached, the City shall have the right to terminate that Project
within the Scope of Services that is related to or affected by this Agreement by giving 10
working days notice in writing. The City shall only be obligated to compensate the
University for the work actually completed on that Project after giving notice. All other
Projects within the Scope of Services that have not been terminated under his provision
will continue as provided for in the Agreement and Scope of Services.
Project 1 - Fiesta Plaza Final Report
a. Tasks completed are: 1) submittal of radiocarbon samples for dating; 2)
verification and cross checking of records and objects; 3) analysis; 4) draft of eight
of 12 chapters; 5) draft of figures.
b. Tasks remaining and to be completed as a part of the Services are: 1) finalize
the drafted eight chapters; 2) draft and finalize remaining four chapters and
References section; 3) finalize figures; 4) format review draft; 5) submit review
draft (2 copies) to the Commission; 6) conduct final inventory; 7) print catalog
sheets; 8) revise draft as per the Commission comments; 9) format final and
transmit to printer; 10) submit 20 copies of final report to the Commission and
distribute as appropriate other copies.
c. Time frame for completion of Task 1 of the Services: 6 months, to start no
later than the Effective Date of this Agreement.
d. Budget - Balance on previously approved budget salaries and printing of
report (50 copies) - $2,950.10.
Project 2 - Amphitheater (41LU118) Full -Scale Excavations Initial Lab
a. Tasks completed are: 1) initial assessment inventory of objects and data; 2)
cleaning of lithics and hearthstones; 4) cataloging of lithics; 5) verification of
associated information.
b. Tasks remaining and to be completed as a part of the Services are: 1) clean
and stabilize bone; 2) complete cataloging of bone and hearthstones, labeling,
data entry, verification, bar coding and printing of tags, placing bar coded tag with
its object, and packaging of objects found in place; 3) cross-checking and entering
catalog numbers on field forms; 4) conduct initial inventory.
c. Time frame for completion of Task 2 of the Services: 12 months, to start no
later than 18 months from the Effective Date of this Agreement.
d. Budget - salaries and lab supplies - $41,121.80.
Project 3 - Jones Station Final Report
a. Tasks completed are: 1) submittal of radiocarbon samples for dating; 2) initial
assessment inventory of objects and data.
b. Tasks remaining and to be completed as a part of the Services are: 1) complete
verification; 2) complete bar coding and printing of tags & placing bar coded tag
with its object; 3) conduct analysis; 4) draft report chapters and References
section; 5) create and finalize figures; 6) format review draft; 7) submit review
draft (2 copies) to the Commission; 8) conduct final inventory; 9) print catalog
sheets; 10) revise draft as per the Commission comments; 11) format final and
transmit to printer; 12) submit 20 copies of final report to the Commission and
distribute as appropriate other copies.
c. Time frame for completion of Task 3 of the Services: 9 months, to start no
later than 6 months from the Effective Date of this Agreement.
d. Budget - salaries, supplies (lab and photo) printing of report (50 copies)
Balance on previously approved budget - $63,791.99.
Project 4 - Broadway-MLK Interim Report
a. Tasks completed and to be completed as a part of the Services are: 1)
submittal of radiocarbon samples for dating; 2) verification and cross checking of
records and objects; 3) analysis; 4) draft of various sections of the interim ; 5)
draft of figures.
b. Tasks remaining are: 1) clean and stabilize bone; 2) complete cataloging; 3)
complete bar coding and printing of tags & placing bar coded tag with its object;
4) complete four sections and References section; 5) finalize figures; 6) conduct
final inventory; 7) print catalog sheets; 8) format final; 9) submit copy of interim
report to the Commission and distribute as appropriate other copies.
c. Time frame for completion of Task 4 of the Services: 6 months, to start no
later than 15 months from the Effective Date of this Agreement.
d. Budget - salaries and supplies (lab and photo)Balance on previously approved
budget - $16,010.98..
Project 5 - Annual Report 2004 (MLK to Mackenzie Park investigations)
a. Tasks completed are: 1) submittal of radiocarbon samples for dating; 2)
verification and cross checking of records and objects; 3) analysis; 4) draft of
various sections of the annual; 5) draft of figures.
b. Tasks remaining and to be completed as apart of the Services are: 1) complete
bar coding and printing of tags & placing bar coded tag with its object; 2)
complete four sections and References section; 3) finalize figures; 4) format
review draft; 5) submit review draft (2 copies) to the Commission; 6) revise draft
as per the Commission comments; 7) format final and transmit to printer; 8)
submit 20 copies of annual report to the Commission and distribute as appropriate
other copies.
c. Time frame for completion of Task 5 of the Services: 6 months, to start no
later than 18 months from the Effective Date of this Agreement.
d. Budget - Printing of report (50 copies) Balance on previously approved
budget - $560.24.
Project 6 - Fieldwork — Mackenzie Park underwater trenching
a. The objective is the completion of the intensive survey of Mackenzie Park
(intensive survey includes trenching and the Commission has required that all
trenches go to bedrock or greatest reach of a backhoe regardless of the water
table).
b. Tasks to be completed and to be completed as a part of the Services are: 1)
excavation by backhoe of 20 trenches selected from the trenches already dug to
the level of the water table in 2004; 2) excavation in 10-15cm scrapes within
identified stratigraphic units, measuring depth of those units, and placing
sediments in separate piles by depth and stratigrapic unit for each trench; 3)
pumping of each trench to insert trench box that will allow for work in trench; 4)
profiling, sediment sampling (radiocarbon samples and voucher samples), and
photography in each trench; 5) recovery of any objects in trench walls; 6) bagging
all trench sediments by provenience for transport to the lab at the Lubbock Lake
Landmark for water processing to recover any objects within the sediments; 7)
cross checking and verifying all field forms.
c. Required equipment from City/Water Utilities: backhoe and operator; trench
safety shields that allow people into the deep trenches with access to the walls;
and minimum 6" pump capable of dewatering the underwater trenches.
d. Time frame for completion of Task 6 of the Services: 2 months, to start no
later than 12 months (1 year) from the Effective Date of this Agreement.
e. Budget
*salary & benefits $30,044
supplies Geld & photo) 1,000
subsistence @ $5/person x 44 work days 1,100
mileage @ 50 miles/day x 44 days @ 0.585/mile 1,287
radiocarbon dates (20 @ $405 each) 8,100
total $41,531
Project 7 - Mackenzie Park Interim Report
a. Objectives are the laboratory processing of recovered objects and sediments
and the production of the required interim report on the intensive survey of
Mackenzie Park covering both the 2004 above water table work and the
underwater trenching.
b. Tasks to be completed and to be completed as a part of the Services are: 1)
inventory all sediment samples; 2) water processing of provenienced trench
sediments from each trench; 3) sorting of resulting concentrates from the water
processing to recover any objects; 4) processing and shipping of radiocarbon
samples for dating; 5) cleaning, stabilizing, cataloging, labeling, data entry,
verification, bar coding and printing of tags, placing bar coded tag with its object,
and packaging of objects; 6) cross-check and enter catalog numbers on field
forms; 7) conduct analysis; 8) draft report sections and References section; 9)
create and finalize figures; 10) conduct final inventory; 11) print catalog sheets;
12) format report; 13) submit copy of interim report to THC.
c. Time frame for completion of Task 7 of the Services: 9 months, to start no
later than 13 months from the Effective Date of this Agreement.
d. Budget
*Salary & benefits $61,635
Supplies (lab & photo) 1,000
Geoconsultant Dr. Vance T. Holliday 2,500
Total $65,135
Project 8 - Annual Report (Mackenzie Park underwater trenching investigations)
a. The objective is the production of the required annual report on the intensive
survey of Mackenzie Park for the underwater trenching.
b. Tasks to be completed and to be completed as a part of the Services are: 1)
draft the various sections and References section; 2) finalize figures; 3) format
review draft; 4) submit review draft (2 copies) to the Commission; 5) revise draft
as per the Commission comments; 6) format final and transmit to printer; 7)
submit 20 copies of annual report to the Commission and distribute as appropriate
other copies.
c. Time frame for completion of Task 8 of the Services: 3 months, to start no
later than 21 months from the Effective Date of this Agreement.
d. Budget
*Salary & benefits $10,540
Printing of annual report (50 copies) 2,500
Total $13,040
Project 9 - Darn #4 Final Report
a. The objective is the production of the required final report on the intensive
survey of the area for the location of the proposed dam #4 in 'Yellowhouse Draw
(Paul site; 41LU136).
b. Tasks to be completed and to be completed as a part of the Services are: 1)
complete verification; 2) complete bar coding and printing of tags & place bar
coded tag with its object; 3) conduct analysis; 4) draft report chapters and
References section; 5) create and finalize figures; 6) format review draft; 7)
submit review draft (2 copies) to the Commission; 8) conduct final inventory; 9)
print catalog sheets; 10) revise draft as per the Commission comments; 11) format
final and transmit to printer; 12) submit 20 copies of final report to THC and
distribute as appropriate other copies.
c. Time frame for completion of Task 9 of the Services: 9 months, to start no
later than 9 months from the Effective Date of this Agreement.
d. Budget
*Salary & benefits
$57,350
Supplies (lab, photo, report/office)
1,500
Geoconsultant Dr. Vance T. Holliday
2,500
Special studies (tree & seed identification)
1,500
Printing of final report (50 copies)
2,50.0
Total
$65,350
Project 10 - Amphitheater (41LU118) Final Report
a. Objectives are the completion of the processing of objects, samples, and
documents generated from the intensive survey and block excavations; and the
production of the required final report that encompasses the initial survey (2000),
intensive survey (2001), and block excavations (2004-2005).
b. Tasks to be completed and to be completed as a part of the Services are: 1)
complete sorting of 505 bags of matrix concentrates from intensive survey and
262 bags of matrix concentrates from block excavation; 2) clean and stabilize
bone; 3) complete cataloging of materials from intensive survey and block
excavations; 4) complete data entry; 5) complete bar coding and printing of tags
& place bar coded tag with its object; 6) complete verification of information and
cross-checking of field forms; 7) conduct analysis; 8) draft report chapters and
References section; 9) create and finalize figures; 10) format review draft; 11)
submit review draft (2 copies) to the Commission; 12) conduct final inventory;
13) print catalog sheets; 14) revise draft as per the Commission comments; 15)
format final and transmit to printer; 16) submit 20 copies of final report to the
Commission and distribute as appropriate other copies.
c. Time frame for completion of Task 10 of the Services: 3 years, to start no
later than 24 months (2 years) from the Effective Date of this Agreement.
d. Budget
*Salary & benefits $434,000
Supplies (lab) 42,500
Supplies (photo/documents) 3,000
Supplies (report/office) 5,000
Geoconsultant Dr. Vance T. Holliday 5,000
Biostatistical consultant Dr. Patrick J. Lewis 3,000
Special studies (tree & seed identification) 2,550
Printing of final report (50 copies) 5,000
Total $500,050
*Salary & benefits calculated on number of people needed, pay grade per Texas
Tech University scale, and benefits percentages scale as calculated by Research
Services and Payroll.
Resolution No. 2009-80158
EXHIBIT B
Compensation for Services
Project 1 - Fiesta Plaza Final Report 2,950.10
Project 2 - Amphitheater Full-scale Excavation Initial Lab 41,121.80
Project 3 - Jones Station Final Report 63,791.99
Project 4 - Broadway-MLK Interim Report 16,010.98
Project 5 - Annual Report 2004 560.24
Project 6 - Fieldwork -Mackenzie Park trenching 41,531
Project 7 - Mackenzie Park Interim Report 65,135
Project 8 - Annual Report 13,040
Project 9 - Dam #4 Final Report 65,350
Project 10 - Amphitheater Final Report 500,050
Partial reimbursement of indirect costs at 10% on $536,195 53,620
Partial reimbursement of indirect costs at 7.5% on $148,911 11,168
TOTAL $874,329.11