HomeMy WebLinkAboutResolution - 266 - Agreement - Frank Osgood Associates - Technical And Professional Services - 09/13/1979RESOLUTION #266 - 9/13/79
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 an agreement
between Frank Osgood Associates, Inc. and City of Lubbock, Texas, to perform
certain technical and professional services for an up -date to Report No. One of
the Lubbock Comprehensive Plan, Population and Economics Report, as part of the
1979-1980 Unified Work Program for Transportation Planning in the Lubbock
Urbanized Area 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 13th day of September ,1979.
IRK WEST, MAYOR
ATTEST:
00,elyn Ga fga,"City AS qOVary-Treasurer
APPROVED AS --TO FORM:
Leon Bean, Assistant City Attorney
TIED TO RESOLUTION #266, 9/13/79
010': AGR1MAW BEIVEEN
Frank Osgood Associates, Inc.
AND
City of Lubbock, Texas
THIS CONTRACT, entered into as of this the 13th !Jay of September
1979, by and between Prank Osgood Associates, Inc. hereinafter designated
as the CONSULTANT, and City of Lubbock,,hereinafter designated as the City.
NOW, it is mutually agreed by and between these parties as
follows:
The CONSULTANT covenants'and agrees to perform certain technical and
professional services for an up -date to Report No. One of the Lubbock
Comprehensive Plan, Population and Economics Report, as part of the 1979-1980
Unified Work Program for Transportation Planning in.the Lubbock Urbanized
Area. The scope of the work to be performed is set out in Appendix "A",
"Scope of Service", of this'Contract. Such 'work shall be performed
in accordance with the terms of this Contract and for the consideration
stated. The CONSULTANT covenants and agrees to perform its duties and
work hereunder with diligence and in a workmanlike manner with a high
degree of care to ensure the accuracy and timeliness thereof.
ARTICLE II
SOME OF SERVICE'S
The CONSULTANT shall exert its best professional efforts to perform and.
carry out in a satisfactory manner the services and Provide' the number of -copies
of the report set forth in A7Ppendix "ATI, attached hereto and made a part hereof.
ARTICLE III
DIRECTION.OF WORK
A.* All maps, data, - reports, research, graphic presentation materials,
etc. prepared by the CONSULTANT as part of its work under this Contract
shall become the property of the City upon completion of this Contract
or any phase thereof or, in the event of termination under Article VIII
hereof,,at the time of payment under said Article VIII for work actually
performed and accomplished.
The*ODNSULTANT shall not assign any interest in this Contract, nor delegate
the performance of any of. its duties hereunder, without the prior written
consent of the City, and the State Department of Highways and Public
Transportation and any actual or attempted assignment or delegation
without prior written consent, shall be void.
C. The ODNSULTANT. shall perform the tasks as outlined in Appendix 'A" and
document the world accomplished on a task -by -task basis in written monthly
Progress Reports to the City.
D. The CONSULTANT shall, by no later than the fifteenth calendar day of
each month, provide a Progress Report for the preceding month's work
in sufficient detail to document the amount invoiced for that month.
The Progress Reports and documentation will be subject to review and
acceptance by the City with any difference resolved prior to the payment
of invoice.
E. The parties hereto may from time to time make changes to this Contract
by written amendment as approved by the City, the ODN;3MTMr, and the State
Department of highways and Public Transportation. In the event of changes
made in -the scope, character, time -of performance or total cost of the
work to be performed, adjustment for payment and time as modified shall
'be determined by negotiations between and mutual acceptance by the City
and the ODNSULTANT.
ARTICLE IV
TIME OF PERFORMANCE
The ODNSULTANT-6hair commence work within two (2) weeks after written
Notification to Proceed from the City. This notification shall be issued
after. the Contract is approved and executed by all parties to the Agreement.
All work under this Contract shall be completed and a draft final report
submitted no later than 150 days from date of Notification to Proceed, unless
otherwise extended by the written concurrence of,the parties hereto. Following
review and cement on.the-draftfinal report by City, the CONSULTANT shall
submit the final report within forty-five (45) days.. Duration of this CO MACr
shall be five (5) months from date of Notification to Proceed. In the event
the CONSULTANT encounters delays in performance of this Contract, it may
request in writing an extension of the time of completion beyond the time of
performance specified. The City shall promptly process such requests and advise
the OWSULTANT within fifteen (15) days of its decision.
2
ARTICLE V
COMPENSATION AND METHC® OF PAYMENT
For the satisfactory performance of the professional services described
in Article II, Scope of Services, the City agrees to compensate the OONSULTANT
for services under this Contract by the total payment of a scan of $18,526.00
Dollars on the basis of monthly progress reports and certified invoices
submitted by the CONSULTANT relative to services provided in accord with
the terms of this Contract. Each monthly invoice shall specify the percentage
of work completed under this Contract by work task, the total of previous
amounts invoiced, and the amount due and payable less a retainage of five
(5) percent of the total amount earned. The five (5) percent retainage
amount shall be invoiced on a final request for payment at the time all
work has been completed in accordance with the terms of this Contraet.as
approved by the City. The payment of each invoice shall be made by the
City to the CONSULTANT within thirty (30) days following their receipt and
approval. The CONSULTANT shall submit a final billing within ninety (90)
days following completion of this contract. Costs eligible for reimbursement
shall be defined as those allowable under part 1 to 15 of the Federal Procurement Regulation
ARTICLE VI
U. S. DEPARIMW OF TRANSPORTATION REQUIREMEWS
A.' Audit and Inspection of Records. The CONSULTANT shall permit the
authorized representative of the Federal Highway Administration, the
State Department of Highways and Public Transportation, the Comptroller
General of the United States, and the City to inspect and audit all data
and records and study activities of the OONSULTANT relating to its performance
and its subcontracts under the Contract from date of Contract through
and until the expiration of three (3) years from the date of final payment
to the contractor. The CONSULTANT shall keep all financial records,
i.e, monthly statements, invoices, receipts, charges and any other data
and records as a result of this Contract from date of Contract through and
until the expiration of three (3) years from the date of final payment
to the contractor.
B. Equal Elployment Opportunity.. In connection with the execution of this
Contract, the CCNSULTANT shall not discriminate against any employee or
applicant for employment because of race, religion,. color, sex, age,
physical or mental handicap, or national origin. The CCNSULTANT shall
take affirmative actions to ensure the applicants are employed, and that
employees are treated, during their employment, without regard to their
race, religion, color, sex, age or national origin. Such actions shall
include, but not be limited to, the following: employment, upgrading,
demotion or transfer, recruitment advertising, -layoff or termination,
rates of pay or other forms of compensation, and selection for training,
including apprenticeship.
• .s
C. Interest of Members of Congress. No member of or delegate to the Congress
of the United States shall be admitted to any share or part of this Contract
or to any benefit arising therefrom.
D. Interest of Public Officials. No member, officer, or employee of the
Public body or of a local public body during his tenure or for one
(1) year thereafter shall have any interest, direct or indirect, in
this Contract or the proceeds thereof.
•E• Minority Business Enterprise. In connection with the
performance of
this Contract, the OCNSUL,TANr will cooperate with the City in meeting
its commitments and goals with regard to the maximum utilization of minority
business enterprises and will use its best efforts to ensure that minority
business enterprises shall have the maximum practicable opportunities
to compete for subcontract work under this Contract.
F. CcmpLiance with Title VI of the Civil flights Act of 1964. In connection
with the performance of this Contract, the CDNSMTANT will observe and
comply with applicable civil rights regulations as provided in "Appendix
B" attached hereto, and made a part of this Contract.
ARTICLE VII
INDEl1 NIFICATICN
The ODNSMTANT will indemnify, keep and save ha mless the City, the
State Department of Highways and Public Transpora.tion, and the U.S. Department
of T.ransportation:fromall claims and liability due to its negligent acts or
the negligent acts of its subcontra.ctors., agents, or einployees during the
course of work.
ARTICLE VIII
TEE�IIIINATICN OF CDNI?ACT
It is agreed that either party may terminate this Contract all or in
Part at any time by written notice by certified mail, with the understanding
that work hereunder shall cease as of the date stipulated in the written notice
of termination. Such termination may be effected by either party when it is
in the best interest of said party. On the part of the City, termination
action under this clause may also be initiated in the event grant funds are
withdrawn or otherwise made unavailable by the funding sources. Any termination
notice will specify to what extent Performance of'work has been terminated
and the effective date of termination. OONSULZANT shall be compensated for
work completed through the date of termination, as provided for in Article V
of this Contract. In case of alis-putes, the Director of.Planning, City of
c
Lubbock; Senior Planning Engineer, State Department of Highways and Public
Transportation; Frank Osgood, Frank Osgood Associates and other
persons
as may be appointed by these listed shall form a committee and resolve all
disputes to the satisfaction of all parties, in writing.
ARTICLE IX
ACEMMEDGEMENT AND DISCLAIMER
Where appropriate, all documents and reports published by the O NSULTANr
shall contain a statement acknowledging the cooperation and assistance of
the U.S. Department of Transportation, Highway Administration, and the
Texas Department of Highways and Public Transporation, in the preparation
and publication thereof. In addition, all documents and reports shall contain
a disclaimer statement identical or similar to the following:
"The contents of this report reflect the views of the
author who is responsible for the facts and the accuracy
of the data presented herein. The contents do not
necessarily reflect the official views or policies of
the Federal Highway Administration. This report does
not constitute a standard, specification, or regulation."
ARTICLE X
COVENANT AGAINST OONTINGENTT FEES
The OONSULTANT warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for the
OONSULTANT, to solicit or secure this. Contract, and that it has not paid
or agreed to pay any company or person, other than a bona fide employee
working solely for the OONSULTANr, any fee, commission, percentage brokerage
fee, gifts, or other consideration, contingent upon or resulting fran',.the
award or making of this Contract. For breach or violation of this warranty,
City shall have the right to annul this ContractIwithout liability, or
at its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission precentage,
brokerage, gift or contingent fee.
ARTICLE XI
CERTIFICATION OF OMSULTANT
Required certifications with respect to the negotiation and execution
of this Contract and the terms and conditions thereof are attached hereto
as Appendix "C" and made a part hereof.
ARTICLE XII
VENUE
Venue and jurisdiction of any suit,: right or cause of action arising
under or in connection with the Contract shall lie exclusively in Lubbock
County, Texas.
5
No Text
v APPEJDIX ,A,,
SOOPE OF SERVICES
The following descriptions of individual Work Tasks detail the work
effort associated with each.
Mpia.:�M, ��:, •:sehe..
Phase I Review, Evaluation and Update of Pertinent Lubbock Reports,
Data Base and Other Needed Information Sources
A. Evaluation and update of Part One of the 1973 Population
and Economics report.
1. Make adjustments and update to 1979.
2. Expand coverage as needed to meet study needs.
3. Review with City staff..
B. Assembly and review of basic population, land use and
socio-economic data available.
1. Assemble and evaluate basic data available through
1979 from computerized land use files.
2. Make necessary adjustments -(if needed) and review with
City staff.
C. Establish additional data needs,: means of collection, and data
assembly.
1. Determine additional data needs and how it can be most
easily collected.
2. Review with City staff.
D. Establish other needs, coordination and programming for Phases
II, III, and IV.
1. Establish overall program for Phases II, III and IV by
PERT AND CPM.
2. Review with City staff.
Phase II Lubbock Region and.Trade Area hya.luation, Analysis and Projections
A. Review boundaries of Lubbock region and trade area and
determine any needed ajdustments.
B. Focus on the future of agriculture and regional agricultural
employment.
1. Water and other critical issues affecting agriculture.
2. Analysis of trends relative to agricultural production
and employment and project forward to 2005.
C. Focus on regional population and labor force trends.
1. Evaluate and develop findings.
D. Retail trade area analysis.
1. Research CSD trends and characteristics, problems
and opportunities.
2. Suburban area similar coverage..
3. Reminder of region coverage.
E. Determine income and expenditure patterns for county and
remainder of region with projections forward to 2005.•
1. Show in IX9 dollars and relate to 1970.
2. Focus on shifts in expenditure patterns.
F. Develop retail sales projections and other commercial
space needs by key areas of region.
1. Sales projections for CBD, suburban areas and remainder
of region.
2. Determine current and future characteristics of other
commercial land and/or building square footage needs for
office space, commercial services, wholesale sales activities
and other uses.
G., Focus on regional population characteristics, trends and projections.
1. Composition by age, sex and race.
2. Centralization versus decentralization.
3. Shifting com rating patterns.
4. Projections to 2005.
Phase III Lubbock Area Economic Development Piotenti.a.ls
A. In-depth coverage of various manufacturing and non -;manufacturing
industries.
1. New growth versus traditional manufacturing.
2. Trends in development of service industries.
3• Importance of various non -manufacturing categories.
B. Analysis of possible future effects of military activities
on Lubbock's future development.
1. Key interviews with military personnel to provide sane
basis for its future in Lubbock area.
2. Assembly and evaluation of basic data on military's importance
and regional significance.
C. Development of city and county population projections by various
proposed techniques.
1. Projection, review and evaluation as to best projections.
2.. Comparison. with labor force projections to determine
best projections reflecting commuting, labor force
participation and other considerations.
D. Consideration of alternative patterns of Lubbock area development
for review with City staff.
1. Direction of growth considerations.
2• Density considerations.
3. Review with City staff.
E. Provide land area and building square footage standards
for projection as needed,
1. Meet with City staff and review their available
standards.
2. Determine adjustments or additional standards as needed.
3. Develop standards and review with staff.
Phase IV Assembly of Final Projections and Findings by Appropriate
location and Group:.ngs
A. Population projections for the various Planning Units
will be made for each five ye.ar:pet-iod, 1980-2005.
B. Assembly of all final projections by location and groupings
established.
C. Summary evaluation of the overall stability of the Lubbock
industrial base.
D. Discussion of observed strengths and weaknesses of employment
opportunities probable during the study period.
E. Other findings as study focus evolves.
PRODUCTS OF m STUDY
Study products will include a detailed Population and Economic
Base Study'of Lubbock and its region, as well as estimates of
population and economic growth for the 1973-79 period broken down
by Planning Units or Census Tracts. In addition, projections as
necessary to 1980, 1985, 1990,1995, 2000, and 2005 would be developed
by Planning Units or Census Tract for various population and economic
requirements needed for Comprehensive Plan and Comprehensive Transportation
Planning program needs by City staff. Such data as population, income,
expenditures, retail sales, camiercial land acreage and employment
would be needed to aid in achieving Transportation Planning Program
needs.
ADDITIONAL SERVICES
A. Data Processing.
1. Work related to the programming and processing of data related
to the 1970 Census, EDA socio-economic and business surveys,
land use surveys, and 'other interim census type data, relevant
to the preparation of the Population and Economic Base -Study,
shall be performed by the City or by others at the discretion
of the City, and shall be made available to the'Contractor
at no cost. The Contractor shall coordinate his data needs
with the City and others as required to assure that data
processing may be reasonably minimized.
B. Reproduction.of Reports
1. The Contractor shall provide one preliminary original typed
COPY of all narrative materials and the original copy of all
maps, charts, graphs or other graphic materials in a form
suitable for reproduction by the City. Original materials
shall be prepared in an eight and one-half inch by eleven inch
format on regular bond typing paper or, in the case of graphic
materials, on tracing paper.
2. Following a review by the City, the Contractor shall prepare
one final, original typed copy of all narrative materials and
an original copy of all graphic materials, incorporating the
necessary additions,; deletions or revisions indicated by the
City in the review. Final narrative and graphic materials
shall be prepared in the same format and on the same materials
as the preliminary.
3. Actual reproduction of materials, both preliminary and final,
shall be performed by the City at no cost to the Contractor.
The City of Lubbock shall provide a person to work with the consultant
in supplying needed base data for this study.
0
NOTICE. TO CON TACTORS
QIMPLIANCF WITH TITLE VI -OF THE CIVIL RIGHTS ACT OF 1964
FOR
FEDERAL -AID O.DNTRACTS
During the performance.of this contract, the contractor, for itself,
its assignees and successors in interest (hereinafter referred to as the
"contractor") agrees as follows:
(1) OMPliance with Regulations: The contractor will comply with
the Regulations of .the Department of Transportation relative
to nondiscrimination in Federally -assisted programs of the Department
of Transportation (Title 49, Code of Federal Regulations, Part 21,
hereinafter referred to as the Regulations), which are herein
.incorporated by reference and made a part of this contract.
(2) Nondiscrimination: The contractor, with regard to the work performed
by it after award and prior to completion of the contract work,
will not discriminate on the grounds of race, color, or national
origin in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The contractor
Will not participate either directly or indirectly in the discrimination
prohibited by Section 21.5 of the Regulations, including employment
practices when the contract covers a program set forth in Appendix
B of .the Regulations.
(3) Solicitations for Subcontracts, Including Procurements of Materials
and Equipment. In all solicitations, either by competitive bidding
or negotiation made by the contractor for work to be performed
under a subcontract, including procurements of materials or
equipment, each potential subcontractor or supplier shall be
notified by the contractor of the contractor.'s obligations under
this contract and the Regulations relative to nondiscrimination
on the grounds of race, color or national origin.
(4) Information and Reports: The contractor will provide all information
and reports required by the Regulations, or orders and instructions
issued pursuant thereto, and will permit access to its books, records,
accounts, other sources of information, and its facilities as may
be determined by the State Highway agency or the Federal Highway
Administration to be pertinent to ascertain compliance with such
Regulations, orders and instructions. When* any information required
of a contractor is in the exclusive possession of another who fails
or refuses to furnish this information, the contractor shall so
certify to the State Highway agency or the Federal Highway Administration
as appropriate,, and shall set forth what efforts it has made to
obtain the information.
(5) Sanctions for Noncompliance: In the event of the contractor's
noncompliance with the nondiscrimination provisions of this contract,
the State highway agency shall impose such contract. sanctions as it
or the Federal Highway Admininstration may determine to be appropriate
including, but not limited to,
�a) withholding of payments to the contractor until the contractor
complies, and/or
(b) cancellation, termination or suspension of the contract, in whole
or in part.
(6) Incorporation of provisions: The contractor will include the provisions
of paragraph -;l) through (6) in every subcontract, including procurements
of materials and leases of equipment, unless exempt by the Regulations,
order, or instructions issued pursuant thereto. The contractor will
take such action with respect to any subcontract or procurement as
the State -highway agency or the Federal Highway Administration may
direct as a means of enforcing such provisions including sanctions
for noncompliance, provided, however, that in the -event a contractor
becomes involved in, or is threatened with, litigation with a subcontractor
or supplier as a result of such direction, the contractor may request
the State to enter into such litigation to protect the interest of the
State, and , in addition, the contractor may request the United States
to. enter into such litigation to protect the interests of the United
Sttes.
APPENDIX ,,C',
•+a+• •{;r, a W ti INS•
I. TYPE OF BUSIRMS ORGANIZATION The contract recipient. represents that
the firm operates as Frank Osgood Associates, Inc.., a
corporation
II. SMQTT, BUSINESS: The contract recipient represents that the firm is/
is not a small business concern. A small business concern for the purpose
of Government procurement is a, concern, including its affiliates, which
is independently owned and operated, is not dominate in the field of
operation in which it is bidding, - and can further qualify under the criteria,
as prescribed by the Small Business Administration. (See Code of Federal
Regulations, Title 13, Part 121, as amended, which contains detailed
industry definitions and related procedures•) Number of
_ - employees 450+.
CID TI'INCEN T - FEE : The contract recipient represents (1) that the firm has
not employed or retained any company or person (other than a full-time
bona fide employee working solely for the offeror) to solicit or secure
this contract, -and (b) that the firm has not paid or agreed to pay any
company or person (other than a full-time bona fide employee working
solely for'the offeror) any fee, commission, percentage, or brokerage
fee contingent upon or resulting from the award of this contract;.
and agrees,to:furnish information relating to (a) and (b)above, as
requested by. the contracting officer. (NDI'E: for interpretation of
the representation, including the term "bona, fide employee", see Oode
..the
Federal-Regulations, Title 41, Chapter 1, Subpart 1-1.5).'
N• L.ORPORTUNITY: The contract recipient. represents that the firm has
participated in a previous.contract or subcontract subject either to the
F[ al Opportunity clause herein or the clause originally contained in
Section 301 of Executive._ Order 10925, or the clause contained in Section
201 of Executive Order No. 11114; that the firm has filed all required
compliance reports;"and that representations indicating submission of
required compliance reports, signed by Proposed subcontractors, will
be obtained prior°to subcontract awards.
V. PRINCIPAL PLACE OF PERFORMANCEL The location of the plant of place of
business where the items) will be produced or the priniepal services
will be performed under the contract is:
ATrAaDM?r #1
ESTIMATED COSTS
Up -date to Report No. One of the Lubbock Comprehensive Plan, Population and Economics Report
Lubbock, Texas
1. DIRECT LABOR: ESTIMATED
HOURS RATE/HOUR TOTAL TOTAL
Principal
500 06 $15.00 $4,500.
Engineers/Planners 00
7.3 , 795.00
TOTAL DIRECT LABOR $8,295.00
2. INDIRECT COSTS ON DIRECT LABOR:
Overhead @ of
TOTAL @ -.,,94o , 295.00= - 7, -
TOTAL INDIREcr COST (provisional)
-.$7,797.00
3. TOTAL DIRECT AND INDIFWr ON LABOR:
11§1092
4. DIRECT MATERIALS:
Telephone and Telegraph (long distance) $100,00
TOTAL DIRECT MATERIALS $100.00
5. TRAVEL:
Transportation (Air, rental car, parking) $500,00
Subsistence 150,00
TOTAL TRAVEL $650.00
6. TOTAL DIRECT MATERIALS AND TRAVEL:
$750.
7. TOTAL ESTIMATED COST:
$16,842.0
8. 10% PROFIT RATE:
TOTAL CONTRACT COST
$1,684.1
$18,526.0
13
ESTIMATED DOST
$1,519.00
$6,947.00
$5,947.00
$4J-13.
$18,526.00
ATTTAQmr #2
ESTIMATED COSTS BY WORK
TASK
WORK TASK
PER GENT
I. Review, Evaluation and Update of Lubbock
reports, Data Base and Other Information
Sources
8.2%
II. Lubbock Region and Trade Area Evaluation,
Analyses and Projections
37.5%
III. Lubbock Area Economic Development
Potentials
32.1%
IV. AssEmbly of Final Projections and Findings
by Appropriate Locations and Groupings
22.2%
100.0%
13
ESTIMATED DOST
$1,519.00
$6,947.00
$5,947.00
$4J-13.
$18,526.00