Loading...
HomeMy WebLinkAboutResolution - 2003-R0460 - Contract With Gould Evans To Develop ED Master Plan For North And East Lubbock - 10_09_2003Resolution No. 2003—RO460 October 9, 2003 Item No. 84 RESOLUTION 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 ected to execute for and on behalf of the City of Lubbock a contract with Gould Evans develop an Economic Development Master Plan for North and East Lubbock. Said itract is attached hereto and incorporated in this Resolution as if fully set forth herein I shall be included in the minutes of the Council. by the City Council this 9th day of Octobgr� f 2003. AXWO]A, TTEST: Garza, City Secretary APPR0,V,EP AS T CONTENT: Craig F nn r, Managing Director of Planning and Transportation APPROVED AS TO FORM: Linda L. Chamales, Supervising Attorney Office Practice Section Lc: CityAtt/Linda/Res-N/E Dev. Plan Resolution No. 2003—RO460 THIS AGREEMENT made thisz'kay of Mb XL003 by and between The City of Lubbock, Texas ("Client") and Gould Evans Goodman Associates, LC, a Missouri limited liability company ("Consultant"). WITNESSETH WHEREAS, the Client desires to engage the Consultant to render certain agreed upon professional planning services for North and East Lubbock and the Consultant is willing to provide such services, all upon the terms set forth below. NOW THEREFORE, in consideration of these premises, the parties hereto agree as follows: 1. Scope of Services: The Consultant will undertake the services described in Exhibit A: Scope of Services 2. Time and Performance: The Consultant's services shall commence upon execution of this Agreement by both parties. Once approved by the Client, the Consultant shall complete the tasks described in the Scope of Services within twelve months from the date of execution of this Agreement unless delayed by circumstances beyond Consultant's control. The Consultant will exercise reasonable skill, care and diligence in the performance of its services, and will carry out its responsibilities in accordance with the customarily accepted planning practices in Consultant's community. The Client shall be responsible for the timely delivery of data and support information requested by the Consultant in a manner that will allow the Consultant the ability to perform its services within the time frame noted above. 3. Compensation: The Consultant shall be compensated with a fee not -to -exceed $169,000, not including reimbursable expenses, which expenses shall be limited to an amount not to exceed $10,000 without the client's authorization. Expenses shall be billed at a rate of 1.1 times actual cost. Consultant will bill on a monthly basis based upon percentage completion of the project phases identified in Exhibit A, up to the maximum fee stated above. 4. Payment: The Client shall pay the amount due within 30 days after receipt of Consultant's invoice. If the invoice is not paid within 30 days, the Consultant may suspend services upon written notice to the Client. If a portion of the Consultant's statement is disputed, the Client shall pay the undisputed portion by the due date. Interests on amounts due and unpaid shall accrue at the rate of 1.5% per month from date due until paid. In any action to recover payment due, Consultant shall be entitled to recover its attorney's fees costs. The Client shall advise the Consultant in writing of the basis for any disputed portions of the statement within 7 days of receipt of invoice. Undisputed portions of the invoice shall be timely paid by Client notwithstanding such disputed portions. 5. Time and Expense Records: The Consultant shall keep and maintain time and expense records relating to the scope of services described above, together with supporting receipts, vouchers, and appropriate documentation. As necessary, these records and other appropriate documentation may be required to support invoices submitted to the Client. The Client shall have the right to examine such records as it deems necessary upon reasonable notice to the Consultant. 6. Authorization of Changes: Any changes or additional tasks required for the performance of this Agreement and any compensation due for the provision of additional services shall only be authorized by the Client in writing, and the Consultant shall first request such changes in writing. The STD Contract 1 Revised 04.08.02 Consultant shall be compensated for any additional tasks so approved and authorized, based upon a fee determined by the Consultant and Client for such additional professional services. 7. Liability: To the extent permitted by law, the Client agrees to indemnify and hold harmless the Consultant, its staff and employees and affiliates from any and all losses of whatever kind to the extent caused by Client's negligent acts or failure to act in performance of this Agreement. The Consultant agrees to indemnify and hold harmless the Client, its employees, officials, agents and representatives, from any and all losses of whatever kind to the extent caused by Consultant's negligent acts of failure to act in performance of this Agreement. 8. Disputes/Termination: Each party may terminate this Agreement with ten (10) days' written notice to the other party. In the event of such termination, provided the consultant is not then in default under this Agreement, the Client shall pay the Consultant its compensation and expenses to and through the actual date of termination, upon documentation of those costs by written invoice to the Client. 9. Ownership of Documents: Upon receipt of final payment by Consultant, all original final documents, studies or graphic materials, drawings, plans and digital files prepared by the Consultant shall be deemed property of the Client except as to confidential matters or trade secrets of the Consultant (if identified as such in writing by the Consultant), but only after the final payment by the Client for the same. The Consultant shall be permitted to retain copies, including reproducible copies, of the Consultant's drawings, specifications and other documents. The Client's right of ownership in all such documents shall not prohibit the Consultant from future utilization of design details or specification sections in the ordinary course of Consultant's business and the Client hereby grants the unrestricted permission to use all such data contained in the Consultant's drawings, specifications and other documents. The Client shall prohibit the Contractor and its subcontractors or suppliers from utilizing the Consultant's drawings, specifications or other documents on other projects not authorized by the Client. In the case of any future reuse of the documents by the Client without Consultant's direct professional involvement, the Consultant's and Consultant's consultants' names and seals shall be removed from all such documents and the Consultant shall not be liable to the Client in any manner whatsoever for their reuse. Due to the potential exposure to liability when reused, to the extent permitted by law, the Client agrees to indemnify and hold harmless the Consultant, Consultant's consultants, their agents, and employees, from and against any claims, damages, losses and expenses including, but not limited to, attorney's fees, arising out of or resulting from the Client's reuse of any such drawings, specifications or documents other than for use in this Project with Consultant's direct involvement. The Client's obligations under this paragraph shall survive any termination of this Agreement and shall be binding upon the Client's successors and assigns. 10. Confidentiality of Findings: Any reports, information, date or intellectual property whatsoever given or prepared as assembled by the Consultant under this Agreement shall not be made available to any individual or organization by the Consultant without the prior written approval of the Client. 11. Public Relations: Consultant shall have the right to retain and utilize copies of all work it produces on the Project for citation and dissemination in the Consultant's resume, brochures and other generally recognized forms of professional public relations. 12. Extent of Agreement: This Agreement represents the entire and integrated agreement between the Client and Consultant and supersedes all prior negotiations, representations or agreement, either STD Contract 2 Revised 04.08.02 written or oral. This Agreement may be amended only by written instrument signed by both the Client and Consultant. 13. Severability: Should any of the provisions of this Agreement be determined to violate any state law or City ordinance, that shall not affect the validity of the other terms of this Agreement and there shall be added to this Agreement a legal, valid or enforceable term or provision as similar as possible to the stricken provision. 14. Applicable Law: Parties agree that Texas law is controlling in interpreting this Agreement. 15. Insurance: Consultant shall maintain, at its own expense, the following insurance with insurance companies reasonably acceptable to Client: (a) Professional Liability Insurance in the amount of five hundred thousand Dollars ($500,000.00) (including contractual liability coverage specifically including Consultant's indemnity obligations under this Agreement, with all coverage retroactive to the earlier of the date of this Agreement and the commencement of Consultant's services under this Agreement) covering personal injury, bodily injury and property damages, which coverage shall be maintained for a period of three (3) years after the date of final payment under this Agreement. (b) Commercial General Liability Insurance, occurrence form, (including completed operations and broad -form contractual liability specifically covering the Consultant's indemnity obligations under this Agreement) in the amount of five hundred thousand Dollars ($500,000.00) combined single limit covering personal injury, bodily injury and property damage, which insurance shall name the Client as an additional insured. (c) Comprehensive Automobile Liability Insurance, including owned, hired and non - owned vehicles, if any, in the amount five hundred thousand Dollars ($500,000.00) covering personal injury, bodily injury and property damage, which insurance shall name the Client as an additional insured. (d) Worker's Compensation Insurance, which shall fully comply with applicable law, and employer's liability insurance with limits of not less than one hundred thousand Dollars ($100,000.00) per occurrence. Consultant shall provide a valid waiver executed by its workers compensation and employer's liability insurance carrier of any right of subrogation against Client or its employees for any injury to a covered employee working on Client's premises. The Contractor shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas labor Code. Further, Contractor shall maintain said coverage throughout the term of the Contract and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Contractor maintains said coverage. Any termination of worker's compensation insurance coverage by contractor or any cancellation or nonrenewal of worker's compensation insurance coverage for the Contractor shall be a material breach of this Contract. Upon execution of this Agreement, Consultant shall provide to Client Certificates of Insurance reflecting the required coverages. The certificates shall specify the date when such insurance expires. Each policy and each Certificates of Insurance shall provide that Client shall be given not less than thirty (30) days' written notice before cancellation, non -renewal or material modification of coverage of such insurance. A renewal certificate shall be furnished to Client prior to the expiration date of any coverage, and Consultant shall give Client written notice of any reduction or other material modification in such insurance no later than thirty (30) days prior to such change. STD Contract 3 Revised 04.08.02 16. Assignment: Consultant shall not assign this Agreement or any part hereof, or the right to any payments to be received hereunder, without prior written consent of Client. However, Consultant may subcontract portions of the services the subconsultants without violating this provision. 17. Mediation: In the event that a dispute shall arise between the parties to this Agreement, then as a condition precedent to an arbitration or legal action by either parry, the parties agree to participate in at least four hours of mediation, as needed, in an effort to resolve the dispute. The parties agree to split the mediator's fees equally. The mediation shall be administered by a mutually agreeable service and shall be held in a mutually agreed upon location. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first written above, FOR: GOULD EVANS GOODMAN ASSOC. Glen S. LeRoy, FAIA, Date: October 99 2003 ATTEST: Re ecca Garza, City Secretary APPROVED S TO CONTENT: Craig Farmer, Managing Director of Planning and Transportation APPROVED AS TO FORM: Linda Chamales, Assistant City Attorney STD Contract 4 Revised 04.08.02 Resolution No. 2003-R 0%_10 t MASTER DEVELOPMENT PLAN, NORTH & EAST LUBBOCK NORTH & EAST LUBBOCK DEVELOPMENT ADVISORY COMMITTEE (NELDAC) ATTACHMENT A: SCOPE OF SERVICES Task 1 DEVELOPMENT FRAMEWORK Objective: To inventory and assess the potential for redevelopment, and associated resources, in the North and East Lubbock project area, so that specific recommendations can be made with realistic expectations of success. The analysis will be prepared as "development framework" maps to assess potential development. 1.1 Physical Assessment 1.1 a Existing Property Analysis The consultant will inventory, utilizing readily available city resources, mapping, and Census information, issues dealing with property that can affect future development patterns. Of particular interest are the following: • Property condition, ranging from sound to dilapidated • Ownership patterns, particularly large property tracts under single or public ownership • Land use, either as it influences adjacent patterns or, if vacant, represents a potential development opportunity • Existing zoning, which will yield information concerning the city's current long-range intent for development L-lb DevelopabilityAnalysis The consultant will inventory, based on readily available public resources, such as city data and mapping, USGS, and flood plain maps, and will assemble information regarding the developability of land in the study area including the following: • Topography, particularly as it influences the capacity to develop property or the likelihood of flooding or drainage problems • Environmental issues that may include natural forces such as flood plains, vegetation, and soils, as well as information regarding contaminated sites, such as "brownfields" and "grayfields." • Transportation (traffic and transit) information assembled with the cooperation of the city transportation engineer or planner. The city will also assist in interfacing this study with State highway officials. • Utilities that impact site development, including public and private. The city's public works officials will assist the consultant in the gathering and analysis of this information. • Neighborhood data, if existing, on well -developed neighborhoods and organizations 1.2 Redevelopment Tools 1.2 a Development Tools Analysis Working with the city's economic development personnel, the consultant will assemble existing data regarding the current redevelopment tools and techniques utilized in Lubbock. The consultant will also consider other tools that may be available under Texas State statute. 1.3 Market Analysis 1.3a Residential Market Analysis Residential market analysis will include single family, multifamily, infill, and mixed -use concepts: • The analysis will be based on accepted regional demographic forecasts, factored down to housing demand in relevant categories. • Metro housing development patterns by location and price range will be evaluated, based on interviews, Census and local data, and field observation. • The competitive position for the study area will be evaluated for various categories of housing. • Obstacles to overcome will be identified to make study area more competitive. • A range of absorption will be projected for each housing type, and a general price range will be identified as a share of the metro total based on a range of mitigation actions. • General locations within the study area will be recommended, where various housing products might be more appropriate or marketable. 1.3b Retail Analysis Retail market analysis will include neighborhood support level and niche markets for a wider draw. • A profile will be developed of the current retail (and related service commercial) make-up in the study area through field observation and proprietary data sources, such as Dun and Bradstreet and Claritas. • The spending potential of study area households will be determined in relevant store categories (food, eating and drinking, department stores, etc.) and the amount of retail space supported by those expenditures, based on a demographic analysis of the study area (primarily households and income levels). • The supportable space to existing inventories to estimate the "outflow" of expenditure will be compared and generally evaluated, where those sales are going and the opportunity to recapture those within the community. • The existing market and increment attributable to the increased residential development will be added as projected in the residential analysis. • The threshold opportunities for new commercial development will be determined based on the existing and projected market, and the need of typical "anchors for various types of development. • Alternative locations within the study area will be evaluated, where new or rehabilitated commercial development would be appropriate and desirable. Task 1 Meetings and Presentations A presentation of findings will be made at the conclusion of this task to the city's project team or steering committee. This presentation may be incorporated into the Task 2, Workshop activities. Task 1 Product A memorandum will be prepared summarizing the physical, redevelopment tools and economic/market analysis. The memorandum will serve as a draft "chapter" that will be edited and formatted into a final project report. It will include appropriate maps, diagrams and graphics both in digital and hard copy format. Task 2 DEVELOPMENT WORKSHOP Objective: To conduct a development workshop with the project team and identified members of the client group. The intent of the workshop will be to assess different development scenarios based on the development framework established in Task 1. The two-day interactive work session will yield a defined direction for the project team to make recommendations regarding the study area's future development potential. 2.1 Workshop Preparation The consultant will conduct up to two conference calls with the client to establish the workshop agenda and arrange for workshop logistics. The consultant is responsible for preparing a "digital flyer" or announcement for the workshop. The client is responsible for flyer/announcement distribution, arranging for workshop space, and any required refreshments, child-care, or interpreters. 2.2 On -site Workshop A two-day workshop will be held in Lubbock, preferably in the study area. The exact agenda will be developed in task 2.1, but it may consist of several of the following activities: • Key person interviews or focus groups, conducted by the consultant, but set up with the concurrence and assistance of the city, with key individuals who can influence the development process in the study area. • Two steering committee or project team meetings, one at the beginning of the workshop and one at the conclusion. At the concluding meeting, the city will give the consultant appropriate direction to complete Task 2 and to begin Task 3 of this project. • A public "town hall" style meeting to ascertain community issues and priorities • The development of a series of alternatives for the study area for discussion with the steering committee. The market analysis will provide a framework for developing and testing the scenarios. • A joint site tour with consultants and the city. The city will arrange for appropriate transportation. • Consultant press briefings as appropriate and arranged by the city. Task 2 Product A memorandum will be prepared summarizing process and results of the workshop. The memorandum will serve as a draft "chapter" that will be edited and formatted into a final project report. It will include appropriate maps, diagrams and graphics both in digital and hard copy format. The draft report and/or accompanying graphics will be produced in a PDF format, suitable for inclusion in the city's web site in order to facilitate public education and dissemination of the project. Task 3 INTERIM REPORT Objective: To document the project findings and recommendations to date and disseminate those findings to the public and project constituencies 3.1 Development Concept Report The Consultant will prepare an interim composite report, including the reviewed draft reports from Tasks 1 and 2, as well as additional concept refinements undertaken subsequent to the Task 2 draft report. The consultant will provide "hard copy" reports in a mutually agreeable format and in a number of copies to be determined and in accordance with the reimbursable expense allocation. The consultant will also deliver the report in a digital format suitable for printing by the client and for inclusion on the city's web site. The city will collect comments from the public and forward them to the consultant in the final draft report review process outlined in Task 7. Task 4 SPECIALIZED MARKET ANALYSIS Objective: To assess a specific market dynamic within the study area or an external dynamic that will have an influence within the study area. Specialized market analyses will be specifically identified by the client and consultant in a manner that is consistent with the compensation indicated in Attachment B. 4.1 Identification of Specialized Market Studies • It is anticipated that the workshop and the research identify other functional areas (beyond residential and commercial) or geographic focus areas that might warrant special attention and call for additional market analysis of other uses. The budget accompanying this scope includes an "allowance" for such unspecified studies. When and if the need for such studies is identified, a supplemental scope of services that is mutually acceptable the consultant and city will be prepared within the resources of the allowance. Task 4 Product For any such specialized market, a memorandum will be prepared discussing a particular specialized market segment. The memorandum will serve as a draft "chapter" that will be edited and formatted into a final project plan. Task 5 DEFINITION OF SPECIFIC PROJECTS Objective: To select and position a number of high priority and high potential projects to attract investments/development attention. During the development workshop, specific projects will be identified. Task 5.1 Define and Evaluate Specific Projects A number of specific projects will be proposed that are consistent with the market, the physical constraints, and the desires of the community, as expressed primarily in the development zc -Moco workshop. The projects will be defined by a preliminary statement of their size, general location, and development characteristics From this array of projects, they will be prioritized into categories of those that are: • Ready -to -go, those that don't need much to get off the ground; • Need a boost, incentives or predevelopment assistance to get off the ground; • Need a champion, are a longer -term opportunity and will require some campaigning and strategic actions to make happen; or, • Need completion of other key projects first, in order to be viable and financially solvent, i.e., complementary niches and services. From this screening, three (3) projects will be selected, with the city's approval for a more detailed analysis and the development of an implementation strategy. For these three (3) selected projects, the proposal will be fleshed out, including the preparation of some predevelopment activity, such as: • Concept site plan and design • Preliminary Development program • Pro forma financial analysis, based on locally sensitive construction costs, rents/sales prices, operating costs and similar factors obtained through interviews and client staff input. • Showing how incentives come into play, if necessary, to make the project economically feasible The objective of this exercise is to select and position projects to better attract investment/developer interest. By conducting the first steps of the market analysis, financial feasibility, and design concept, the NELDAC can more easily sell and market projects to potential investors and developers. Task 5 Product A memorandum discussing and prioritizing a wide range of projects and a package of detailed analyses of the three selected projects for such analysis. The memorandum will serve as a draft "chapter" that will be edited and formatted into a final project plan. Task 6 IMPLEMENTATION Objective To provide an action agenda for implementation of the recommendations of the plan. 6.1 Implementation Matrix An implementation schedule will be presented in a matrix form, along with a text description. The matrix will provide guidance as to what tasks need to be completed, how the tasks need to be completed, when the tasks need to be completed, and who needs to complete the tasks. The 2 9- 12C)L�U matrix timeline is not intended provide a specific time period for the completion of project, rather to give a generalized phasing schedule of activities. The matrix will outline tasks, responsibilities, and timeline. • Existing public and private organizations that will play a role in implementation will be identified, and perhaps, a new organization will be recommended, if appropriate. • All strategies and recommendations of the planning effort will be included in the matrix. Task 6 Product The matrix and accompanying text will serve as a draft "chapter" that will be edited and formatted into a final project plan. Task 7 PLAN PREPARATION Objective To produce a report based on the draft chapters that are produced through each of the identified tasks. The chapters will be integrated in to a plan that will document the process and products of the project. Task 7.1 Preliminary Final Plan Preparation All previously completed task memorandums will be compiled and edited into a preliminary final draft report for review by the city. The city will make appropriate comments within a two - week time period and submit a single list of comments or suggested alterations (or a marked up report copy) to the consultant for incorporation into the final plan. The consultant will provide "hard copy" reports in a mutually agreeable format and in a number of copies to be determined and in accordance with the reimbursable expense allocation. and in a digital format, suitable for printing by the city and/or incorporated into the city's web site. Task 7 Products A draft plan for review by the city and a final planning document that incorporates changes as a result of the draft plan review. Task 8 PLAN PRESENTATION Objective To disseminate the plan to the city and other plan constituents. Task 8.1 Plan Presentation The final draft plan will be presented to the city, the steering committee, and the public prior to plan finalization, thus allowing for input into the final report. The city will be responsible for the logistics of the presentation, such as securing an appropriate location. The consultant will prepare and deliver the presentation. The consultant will also participate in a press briefing if the city desires to have one. Task 8 Product A PowerPoint presentation of the final draft plan.