HomeMy WebLinkAboutResolution - 2856 - Contract - Prewitt & Associates - Archaeological Investigations, LAH Project - 06/09/1988Resolution #2856
June 9, 1988
• Item 16
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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 (as Owner) a
contract to be entered into by and between said City and Prewitt &
Associates, Inc., consulting archaeologists (as Investigators) related to
archaeological investigations to be made in connection with the Lake Alan
Henry Project, 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 9th day of
ATTEST:
Ranet a Boyd, City ecretary
APPR ED A CONTENT:
o a so , Chief Water
Uti 'ties Engineer
APPR;7 AS TO FORM:
. r
J. rth Ful ingim, Assistantty
Attrney
June 1988.
B. C. McMINN', MAYOR
i
Resolution #2856
AGREEMENT FOR CULTURAL RESOURCES INVESTIGATIONS
WHEREAS, the City of Lubbock (hereinafter called "City") has
completed Phase I cultural resources investigations for the proposed
Justiceburg Reservoir Area in Garza and Kent Counties, Texas in connection
with a U. S. Army Corps of Engineers permit under Section 404 of the Clean
Water Act, application for said permit being prepared for the City by Freese
and Nichols, Inc. (hereinafter called "Technical Respresentative"); and
WHEREAS, after due consideration, being given by the staff of the City
to the recommendations made by the Technical Representative, and the City
Council of the City of Lubbock having duly considered the recommendations
made to it by the City staff desires that Phase 11 cultural resources
investigations in the proposed Justiceburg Reservoir Area proceed in the
direct impact zones to be purchased by the City; and
WHEREAS, City desires to obtain the expertise of professional
archeologists to direct and conduct Phase 11 cultural resources efforts and
activities, said expertise to be provided by proposer who is professionally
known and is named Prewitt and Associates, Inc., Consulting Archeologists
and whose mailing address is Austin, Texas (hereinafter called
"Contractor").
NOW THEREFORE, City and Contractor in consideration of the mutual
covenants set forth herein contract and mutually agree as follows:
The scope of work prepared for Phase 11 by Technical Representative
at the request of City and the research design responding thereto prepared
by Contractor and accepted by the City are hereby annexed hereto and made a
part hereof as if fully copied herein in detail in this place.
0r
For and in consideration of services to be rendered by the Contractor,
the City agrees to pay based on the daily rates shown on the attached
preliminary cost estimate with total fee not to exceed $350,000.00. Partial
payment to the Contractor will be made on the basis of monthly statements
and work progress reports rendered to and approved by the City; however,
under no circumstances shall any monthly statement for services exceed the
value of work performed at the time a statement is rendered. The
Contractor shall be entitled to a cumulative amount not to exceed 90% of
the maximum fee upon completion and submission of the draft report to the
City as defined in the scope of work and the research design. The remaining
10% of the maximum fee shall be paid upon submission of the final report.
3
The total compensation to be paid to Contractor, by the City, for this
contract shall not exceed $350,000.00 in accordance with monthly
estimates furnished to City by the Contractor as the work progresses,
provided, however, that such monthly estimates shall be based on a detailed
cost estimate which accompanies the research design. This contract
addresses the work to be accomplished for the 32 archeological sites
suggested in the draft report of survey dated January 1988 by Prewitt and
Associates, Inc. The Corps of Engineers may request additions or
substitutions for these sites. Requests by the Corps that exceed the level
of work outlined shall be covered under the terms of this contract with
additions based on per day unit costs. City shall pay monthly on such
estimates to the Contractor after being billed by the Contractor by the
fifteenth (15th) day of each month for the services of the previous month.
Such $350,000.00 amount may be exceeded if the scope of work is enlarged
at the request of the Corps of Engineers and authorized by the technical
representative of the City.
T
In the performance of work or services hereunder.. Contractor shall be
deemed an independent contractor, and any of its employees performing
work required hereunder shall be deemed solely employees of the Contractor
or its subcontractors except those employees of the City who may be
assigned to work with the Contractor.
5
Before the Contractor begins any work under this Agreement,
Contractor agrees to furnish a certificate of insurance reflecting their
coverage by workmen's compensation insurance, and public liability
insurance for bodily injury and property damage in amounts and with
carriers satisfactory to City, and agrees that such coverages shall be
maintained during the term of this Agreement. Contractor shall be
responsible for determining that its subcontractors, where required,
likewise carry and maintain adequate insurance coverage.
City shall provide adequate insurance for any City employees or
equipment assigned to the project and will indemnify the Contractor with
regard to the employees so assigned.
C
At any time during normal business hours, Contractor shall make
available to representatives of the City for examination all of its records
with respect to all matters covered by this Agreement, and will permit
representatives of the City to audit, examine, and make excerpts or
transcripts from such records and to make audits of all contracts, invoices,
materials, payrolls, records or personnel conditions of employment and
other data relating to all matters covered by this Agreement, for a period of
three (3) years from the date of final settlement or for such other or longer
period, if any, as is required by applicable statute or lawful requirement.
7
Contractor shall not discriminate against any employee or applicant
for employment because of race, color, religion, sex or national origin.
Contractor shall 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
shell include, but not be limited to, the following: employment, upgrading,
demotions, or transfers, recruitment or recruitment advertising; layoffs or
terminations; selection for training, including apprenticeships; and
participation in recreational activities. Contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices setting forth the provisions of this nondiscrimination clause.
Contractor will, in all solicitations or advertisements for employees placed
by or on behalf of Contractor, state that all qualified applicants will
receive consideration for employment without regard to race, color,
religion, sex or national origin. Contractor will cause the foregoing
provisions to be inserted in all subcontracts for any work covered by this
Agreement so that such provisions will be binding upon each subcontractor,
excepting that the foregoing provisions shall not apply to contracts or
subcontracts for standard commercial supplies or raw materials.
Contractor shall keep such records and submit such reports concerning the
racial and ethnic origin(s) of applicants for employment and employees as
the law may require. Contractor agrees to comply with such rules,
regulations or guidelines as may be issued to implement these requirements.
0
The parties hereto, without invalidating this Agreement, may alter or
amend this Agreement only upon written mutual agreement of the parties as
attested by the signatures of the principals to this Agreement.
0
Contractor shall hold the City harmless from and shall promptly pay
and defend for the City all claims, demands, lawsuits, awards, and
judgments in any manner growing out of the negligence or any manner of
torts arising out of the conduct of the services performed by the Contractor,
its agents, servants, or representatives under and pursuant to this
agreement.
10
Contractor will commence work on the project within five working
days following receipt of notice to proceed. The Contractor shall complete
the work in accordance with the schedule defined in the scope of work and
research design. All fieldwork will be completed and an interim letter
report of findings shall be submitted to the technical representative of the
City by 1 December 1988.
The obligations to provide services under this agreement may be
terminated by either party upon 30 days written notice. in the event of any
termination, Contractor will be paid for all services rendered and
reimburseable expenses incurred to the date of termination and, in addition,
all reimburseabie expenses directly attributable to termination. Any
noncancellable obligations incurred by Contractor shall be allowable costs.
All documents produced by Contractor up to time of termination shall
become property of the City. Contractor may retain and use copies of such
documents.
12
Originals of all notes, calculations, correspondence, and similar
materials will be filed by the Contractor and made available to City on
request. With respect to documents related to work performed under the
terms of this agreement, Contractor agrees not to assert any right, and not
to establish any claims under design patent or copyright law. Contractor
shall have the right to retain and use copies of its work product.
13
The Contractor, prior to written or verbal disclosure of project
information to the media or any public or private entity, shall obtain
written permission from the City for disclosure of such information. The
City retains the right to review and edit all written statements prepared by
the Contractor concerning the project prior to disclosure of such
statements. No site locational information shall be released to any entity
without prior written permission of the City.
EXECUTED this day of 1988.
CITY OF LUBBOCK: V
p w
BY:
MAYOR
Date: June 9, 1988
APPROVED AS TO CONTENT:
amuel W. Wahl, Director of Water Utilities
Date: Z.d
APPROV D AS TO FORM:
v LJ�4�
Ute` Cit torney
Date: _A44:j� 1-b. I q $ $
CONTRACTOR:
PREWITT AND ASSOCIATES, INC.
BY: 9Za'�
Linda Nance Foster
Secretary -Treasurer
Date: 9 2? La� 19 �8
IV.
V.
JUSTICEBURG RESERVOIR PHASE 11 PRELIMINARY COST ESTIMATE
DESCRIPTION QUANTITY UNIT RATE AMOUNT
SALARIES AND WAGES
A. Prefield Preparation
1. Principal Investigator
2. Project Archeologist
3. Assistant Project Archeologist
4. Project Geomorphologist
Subtotal, Prefield Preparation:
B. Fieldwork
1. Principal Investigator
2. Project Archeologist
3. Assistant Project Archeologist
4. Archeological Assistants
5. Project Geomorphologist
Subtotal, Fieldwork:
C. Laboratory Analysis and Report Preparation
1. Principal Investigator
2. Project Archeologist
3. Assistant Project Archeologist
4. Project Geomorphologist
5. Lithic Analyst
6. Laboratory Supervisor
7. Laboratory Assistants
8. Drafter/mustrator
9. Editor
10. Typist
Subtotal, Analysis and Reporting:
Total Salaries and Wages:
EMPLOYEE BENEFITS
159 of Salaries and Wages
CONSULTANTS
1. Historian
2. Faunal Analyst
3. Botanist/Palynologist
Total Consultants:
TRAVEL AND SUBSISTENCE
1. Per Diem
2. Consultant Per Diem
Total Travel and Subsistence:
OTHER DIRECT COSTS
5
day
$144.00
$720.00
20
day
$50.00
$1,600.00
10
day
$65.00
$680.00
5
day
$96.00
$450.00
15
day
$144.00
$2,160.00
60
day
$80.00
$4,800.00
120
day
$65.00
$8,160.00
300
day
$60.00
$15,000.00
20
day
$96.00
$1,920.00
45
day
$144.00
$5,450.00
180
day
$80.00
$14,400.00
90
day
$65.00
$6,120.00
40
day
$96.00
$3,840.00
120
day
$65.00
$5,160.00
60
day
$68.00
$4,080.00
120
day
$60.00
$7,200.00
45
day
$84.00
$3,780.00
10
day
$120.00
$1,200.00
20
day
$72.00
$1,440.00
30 day $120.00 $3,600.00
10 day $120.00 $1,200.00
5 day $120.00 $600.00
515 day $40.00 $20,600.00
10 day $40.00 $400.00
1. Yehicle Rental
150
2. Gasoline, Oil & Maintenance
10,000
3. Field Supplies
60
4. Office Supplies
200
5. Communications
52
6. Copying Services
8,000
7. Reporting
100
8. Radiocarbon Assays
75
9. Pollen/Phytolith Analysis
50
10. Curation Services
20
Total Other Direct Costs:
day
mile
day
day
week
page
copy
sample
sample
unit
$55.00
$0.30
$5.00
$6.00
$25.00
$0.08
$30.00
$310.00
$50.00
$435.00
$5,250.00
$3,000.00
$480.00
$1,200.00
$1,300.00
$640.00
$3,000.00
$23,250.00
$2,500.00
$8,700.00
TOTALS
$3,480.00
$35,040.00
$56,700.00
$95,220.00
$14,283.00
$5,400.00
$21,000.00
$52,320.00
TOTAL DIRECT COSTS: $188,223.00
JUSTICEBURG RESERVOIR PHASE 11 PRELIMINARY COST ESTIMATE
Y1. WDItECT COSTS
I. Overhead, 95% of Salaries and Wages $90,459.00
2. Profit, 15% of Salaries and Wages $14,283.00
Total Indirect Costs:
$104,742.00
TOTAL PROJECT COSTS, PHASE 11: $292,965.00
t CERTIFICATE OF INSURANCE
This is to certify that (STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois
❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois
has in force forPRMTT 6 ASSOCIATES, INC.
7701 NORTH I.A&4jt SUITE 104 Name of Policyholder
AUSTIN, TEXAS, 78752 Address of Policyholder
location of operations VARIOUS
the following coverages for the periods and limits indicated below.
POLICY NUMBER
TYPE OF INSURANCE
POLICY PERIOD
LIMITS OF LIABILITY
(eff./exp.)
90-75-6216-6
Ei Comprehensive General
General Liability
5aDual Limits for: ILY INJURY
SCO, �QQ
Each Occurrence $ i�itJ
UUU
❑ Manufacturers' and
Contractors' Liability
Aggregate $ �
❑ Owners', Landlords' and
Contractors' Liability18
PRO RTY DAMAGE
Each Occurrence $ 0,066
Aggregate' $ s 000
The above insurance includes
(applicable if indicated by ®) ❑ PRODUCTS -COMPLETED OPERATIONS
❑ OWNERS' OR CONTRACTORS' PROTECTIVE LIABILITY
❑ CONTRACTUAL LIABILITY
❑ Combined Single Limit for: BODILY INJURY AND
❑ BROAD FORM PROPERTY DAMAGE
PROPERTY DAMAGE
❑ BROAD FORM COMPREHENSIVE GENERAL LIABILITY
Each Occurrence $
Aggregate $
POLICY NUMBER
TYPE OF INSURANCE POLICY PERIOD
(eff./exp.)
CONTRACTUAL LIABILITY LIMITS
(If different than above) BODILY INJURY
83-24-9414-6
Watercraft
Liability 12-31-87T012-31-88
Each Occurrence $
AUTO LIABILITY
PROPERTY DAMAGE
Each Occurrence $
6923 633
HIRED CAR & N6 HOWNM 7-1-88T01-1log
Aggregate $
EXCESS LIABILITY
❑ Combined Single Limit for: BODILY INJURY AND
❑ UMBRELLA
PROPERTY DAMAGE
❑ OTHER
tach Occurrence $
Aggregate $
Workmen's/Workers' Com -
90 -76-3054 6pensation-Coverage
A
Pq Employer's Liability 12- 31-87TO12-31-88
Coverage A STA1880$1 0
-Coverage B
Coverage B $ s
'Aggregate not applicable if Owners'. Landlords' and Tenants' Liability Insurance excludes structural alterations, new construction or demolition.
THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS,
EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN.
NAME AND ADDRESS OF PARTY TO WHOM CERTIFICATE IS ISSUED
F CITY OF LUBBOCK
P.O. BOX 2000
LUBBOCK. TEXAS 79457
a
(558) F6-994.7 Printed in U.S.A. Rev. 3/84
W,
8-10-88
JU IJ UvcdAt�4'
Signature of Authorized Representative
STATE FARM INSURANCE AGENT
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