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HomeMy WebLinkAboutResolution - 5703 - Agreement - HNTB Corporation - Professional Services, SNITCF Study - 11_13_1997RESOLUTION NO.5703 Item #43 November 13, 1997 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 and Agreement between the City of Lubbock and HNTB Corporation, for Professional Services for the Southwest to Northwest International Trade Corridor Feasibility Study, and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 13th day of November , 1997. WINDY SITT , MAYOR ATTEST: Kayth a arnell, City Secretary APPROVED AS TO CONTENT: Mildred Cox, Managing Director of Transportation APPROVED AS TO FORM: 1 y s Ass1s t y Attorney ,Al,s:dkniN AES ccdocs/November 4, 1997 RESOLUTION NO. 5703 Item #43 November 13, 1997 AGREEMENT EETWEEN THE CITY OF LUBBOCK, TEXAS AND HNTB CORPORATION FOR PROFESSIONAL ENGINEERING SERVICES THIS AGREEMENT entered into this 13th day of November , 1997 by and between the City of Lubbock, Texas, a Texas home -rule municipal corporation (hereinafter called "City") and BN IB Corporation, a Delaware for -profit corporation (hereinafter called "Engineer") for the performance of the Southwest to Northwest International Trade Corridor Feasibility Study (hereinafter called the "Project"). WHEREAS, the City desires to have a feasibility study conducted on certain highways located in West Texas Area in to examine the possibility of establishing a Southwest to Northwest International Trade Corridor; and WHEREAS, after conducting a request for proposal, the City desires to contract with Engineer to conduct the Project. NOW THEREFORE, the parties hereby agree as follows: I. SCOPE OF SERVICES A. Engineer's basic services and responsibilities (hereinafter called "Services") are outlined here and further defined in Exhibit A, "Scope of Services," which is attached hereto and is incorporated into this Agreement as if fully set forth herein. B. General Services Engineer shall provide professional services to City as hereinafter provided. These services will include providing professional engineering consultation and advice and furnishing civil, structural mechanical, and electrical, engineering services and related architectural/engineering services incidental thereto. II. SCHEDULE Engineer shall conduct the Project according to the schedule set forth in Exhibit B, "Schedule," which is attached hereto and is incorporated into this Agreement as if fully set forth herein. III. COMPENSATION City shall compensate Engineer according to the terms set forth in Exhibit C, "Compensation," which is attached hereto and is incorporated into this Agreement as if fully set forth herein. IV. CITY'S RESPONSIBILITIES City shall be responsible for the items as set forth in Exhibit D, "City Responsibilities," which is attached hereto and is incorporated into this Agreement as if fully set forth herein. H. GENERAL CONSIDERATIONS A. Termination This Agreement may be terminated upon written notice at Owner's convenience or by either party in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. Engineer shall terminate performance of Services on a schedule acceptable to City, and City shall pay Engineer for all Services performed and reasonable termination expenses. B. Documents All documents prepared by Engineer pursuant to this Agreement are instruments of service in respect to the Project. Any use except for the specific purpose intended by this Agreement will be at the user's sole risk and without liability or legal exposure to Engineer. Engineer shall retain its ownership in its data bases, computer software, and other proprietary property. Intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of Engineer. C. Indemnification Engineer agrees to perform its services under this Agreement in accordance with generally accepted standards of professional care. Engineer shall without additional compensation, correct or revise any errors or deficiencies in the final designs, drawings specifications and other services. Engineer shall indemnify and hold the City harmless from and against any claim, cost, expense, damage, liability or loss suffered or incurred by the City (including, without limitation, reasonable attorneys' fees and other reasonable costs and expenses incident to any suit, action or proceeding) arising out of or resulting from any negligent or wrongful act, error or omission by Engineer or their agents, employees, contractors or officers. D. Insurance Engineer shall procure and maintain protection from claims under the Texas Workers' Compensation Act, employer's liability claims, claims for damages because of bodily injury, including personal injury, sickness or disease or death of any and all employees, or of any person other than such employees, and from claims or damages because of injury to or destruction of property, including loss of use resulting therefrom. Engineer shall procure contracts of insurance for Worker's Compensation, General Liability and Automobile Liability with combined single limits of not less than $1,000,000. Engineer shall procure contract of insurance for Employer's Liability with a combined single limit of $500,000. Engineer shall name the City as additional insured on the General liability and Automobile Liability Insurance policies. Engineer shall maintain professional liability insurance for protection against claims arising out of performance of services under this agreement caused by negligent acts, errors or omissions for which Engineer is legally liable. The limits of liability shall not be less than $1,000,000 per claim and in the aggregate. E. Controlling Law and Venue Agreement is to be governed by and construed in accordance with the laws of the State of Texas. Venue shall be in Lubbock County, Texas. F. Successors and Assigns Neither City nor Engineer shall assign, sublet or transfer any rights under or interest in this Agreement (including, but without limitations monies that may become due or monies that are due) without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Engineer's from employing such independent professional associates, subcontractors and consultants as Engineer may deem appropriate to assist in the performance of Services. Except as may be expressly stated otherwise in this Agreement, nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than City and Engineer, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of City and Engineer and not for the benefit of any other party. G. Compliance In connection with the Services under this Agreement, Engineer agrees to comply with all applicable provisions of Local, State and Federal ordinances, statutes and regulations. H. Variance To the extent allowed by law, Engineer does not guarantee that proposals, bids, or actual Project costs will not vary from Engineer's cost estimates or that actual schedules will not vary from Engineer's projected schedules. Engineer agrees that any variance from proposals, bids, or actual Project costs or from Engineer's projected schedules shall be reasonable. I. Responsibility of Engineer for Non -Contractual Parties Engineer has no responsibility for the failure of any contractor, subcontractor, vendor, or other Project participant, not under contract to Engineer, to fulfill contractual responsibilities to City or to comply with federal, state, or local laws, regulations, and codes. I Authority to Execute This Agreement City and Engineer shall each attach a resolution from its governing body authorizing the execution of this Agreement. Said resolutions shall be incorporated into this Agreement as if fully set forth herein. K. Changes and Modifications The parties agree that no change or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made a part of this Agreement. The execution of the change shall be authorized and signed in the same manner as this Agreement. L. Renewal or Extension of Agreement The parties agree that this Agreement may be renewed or extended as necessary for the completion of the Project and as permitted by law. Said renewals or extensions shall be in writing and executed by both parties. M. Severability and Waiver In the event any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. N. Extent of Agreement This Agreement, including all Exhibits, and any and all amendments, modifications and supplements duly executed by the parties in accordance with this Agreement, govern and supersede any and all inconsistent or contradictory terms, prior oral or written representations or understandings, conditions or provisions set forth in any purchase orders, requisition, request for proposal, authorization- of services, notice to proceed or other form or document issued by City with respect to the Project or Engineer's services. IN WHEREOF, the parties have executed this Agreement as of the day and year first written above. THE CITY OF LUBBOCK, TEXAS: Y SITT N, MAYOR ATTEST: Kat ocamell, City Secretary APPROVED AS TO CONTENT: i� do Mildred Cox, Managing Director of Transportation AS TO FORM: It L. ,90 � staff City EXHIBIT A SCOPE OF SERVICES SOUTHWEST TO NORTHWEST INTERNATIONAL TRADE CORRIDOR FEASIBILITY STUDY The City of Lubbock, on behalf of a coalition, desires to further pursue corridor studies through Lubbock that originate along the Texas -Mexico border between Del Rio and Brownsville, and connect to either I-70 east of Denver, Colorado or to IH-25 south of Denver, Colorado. The corridor would then proceed north or northwestward to Canada. A task force of supporters (The Coalition) in this corridor will be organized by the City to work with federal and state legislators and the Governor's office to develop a program to pursue legislative support. HNTB (Engineer) is to assist the City, and therefore, the Coalition, in assembling the information necessary to select the most promising route in terms of feasibility, need, cost, political feasibility; to suggest a name for the corridor; and be available on an as -needed basis to support the Coalition in addressing various other data collection, analysis, economic, and engineering issues as they arise. This systematic approach to fully investigate options and build public support (politically and financially) will include the following tasks to be performed by the Engineer : I. DATA COLLECTION AND REVIEW: Feasibility studies accomplished over the last twenty years will be collected and reviewed to determine the documented strengths and weaknesses of the corridor in terms of traffic demand, costs, environmental concerns, etc. Data which can be utilized in this study will be retained, while other data which is required for update and expansion of the study will be identified. A review will also be made of Texas Department of Transportation (TxDOT) plans for future corridors to other states. Twenty- five (25) copies of a task summary report will be provided as a product of this task. The study task force will be briefed on the findings. II. ECONOAUC REVIEW AND UPDATE: A review of economic studies on the proposed trade corridor accomplished to -date will be made, and updated where appropriate, to determine the real trade potential (including agricultural products) and demand for this route to the northwest. While it is recognized that other routes to the northeast have shown greater demand and viability as trade routes, this northwest corridor should not be seen as a "competing" corridor, but looked on strictly on the basis of the need, attractiveness and potential economic demand of a diagonal route that opens up trade routes to this area of the country. The Engineer will research and provide information on how major highway corridors have impacted economic development in other regions of the country and provide a generalized assessment of the potential economic impact of this corridor on this region. Twenty-five (25) copies of a task summary report will be provided as a product of this task. The study task force will be briefed on the findings. EXHIBIT A HNTB CORPORATION 11 /06/97 Page 1 of 3 M. ENGINEERING DATA COLLECTION: The following data will be collected and summarized for potential routes within the defined corridor in Texas, as appropriate to the level of detail of the study: A. Number of lanes existing and proposed B. Available right-of-way C. Federal and State classification/designation D. State, local, and County improvement plans E. Existing and projected traffic volumes F. Percent of truck traffic Available mapping will be utilized throughout the study process to document existing routes, previously studied routes, and new proposed routes within the corridor. Twenty-five copies of a task summary report will be provided as a product of this task. The study task force will be briefed on the findings. W. GOODS MOVEMENT: A review of volume, type and origin/destination of goods using the existing ports of entry along the Mexican and Canadian Borders will be made based on existing documentation. A review of potential impact on the corridor from ports in the Pacific northwest will be made. Based on available data, an assessment of the potential for new and developing markets is to be identified. An assessment of potential new ports of entry will be made. Twenty-five copies of a task summary report will be provided as a product of this task. The study task force will be briefed on the findings. V. INTERNATIONAL ROUTE CONNECTIONS: Information will be collected concerning surface transportation improvements (highway, bridge, and rail) within Mexico and Canada leading to and from existing and proposed ports of entry. Twenty-five copies of a task summary report will be provided as a product of this task. The study task force will be briefed on the findings. VL RAILROAD IMPROVEMENTS: An assessment of the extent, nature and plans for improvement of railroads serving the corridor will be made to determine the practicability of combining highway and rail improvements within the corridor. Twenty-five copies of a task summary report will be provided as a product of this task. The study task force will be briefed on the findings. VIL SUMMARY REPORT: The results and conclusions of the above, with input from the study task force, will be summarized in report and map form and reviewed by the City of Lubbock, the Chamber of Commerce, and the Coalition. A "reality check" should be undertaken by these entities to see if the trade route has enough potential already documented to be "sellable" to the political and business groups throughout the corridor. A positive result from this analysis would then provide the focused information necessary to put together a program to take to the Chamber membership, Lubbock County, and the area legislators to EXHIBIT A HNTB CORPORATION 11 /06/97 Page 2 of 3 build support at the local level. One hundred (100) copies of this report will be provided, with an additional four hundred (400) copies of the executive summary produced. VIII. TEXAS SUPPORT: The Engineer will support the City's efforts in identifying political and business groups outside of the Lubbock area to contact, brief, and ask for political and financial support for furthering the corridor study. This potential support group should include all counties, major cities, and chambers from the broad corridor that includes Brownsville to Del Rio along the Mexico border to the northwestern border of Texas, New Mexico, Oklahoma, Kansas, and Colorado. Similarly, business and political groups northward from Colorado to Canada should be identified. This group should also include San Antonio because of the connections to IH-10 that would serve San Antonio, Corpus Christi and Houston. IX. REGIONAL SUPPORT: The Engineer will support the City's efforts in identifying potential supporters in the Denver area to be contacted to bring into the task force to build regional support outside of Texas and among Congressional delegations. X. ADDITIONAL WORK ITEMS: Throughout the process, additional data collection and analyses may be required to determine various levels of feasibility, identify issues and concerns to be addressed, further define the corridor and refine alternatives. Economic and engineering consultants would be called upon on an as -needed basis and as the budget of the task force allows, to support the task force. These task items will be further defined and agreed to in a supplemental agreement to this contract for additional compensation. Additional copies of task reports, summary reports, and executive summaries will be provided at cost. In addition to the task briefings identified, it is anticipated that regular meetings will be held with the task force to receive input and direction to the study and discuss and resolve outstanding issues. Workshop -type meetings every two weeks are anticipated. The Engineer is to assist the City in its ultimate goal: to identify a viable alternative with full support of the task force members, that receives federal and state commitments of funding for the next phases of feasibility, public involvement,. environmental studies, design, and construction. II: HNTB CORPORATION 11 /06/97 Page 3 of 3 EXHIBIT B - SCHEDULE Southwest to Northwest International Trade Corridor Feasibility Study City of Lubbock 1 2 3 4 S 6 1 DATA COLLECTION & REVIEW III. ECONOMIC REVIEW & UPDATE IIIL ENGINEERING DATA COLLECTION IIV GOODS MOVEMENT V. INTERNATIONAL ROUTE CONNECTIONS RAILROAD IMPROVEMENTS SUMMARY REPORT TEXAS SUPPORT REGIONAL SUPPORT PROGRESS REVIEW MEETINGS 1 HNTB Corporation 11/6/97 EXHIBIT C, COMPENSATION CITY OF LUBBOCK HNTB CORPORATION SOUTHWEST TO NORTHWEST CORRIDOR FEASIBILITY STUDY MANHOUR ESTIMATE WORK DESCRIPTION IPRINCIPAL PROJ. MGP, I ENGR. TECH. I CLERICAL TOTAL ..................................................................... .......... ................................... ................................... i ........................... ............................ ............................... ....................... I. Data Collecfion and Review ......................................................................................... 4 16:: 40 40' 16 ................................... .................................... ............................ ............................ ............................... 116 ...................... .............. omic yp .................................................... Review.................. ................................... .............................. ........................... ............................ ............................... 64 ............. .............................I...........I............................ ....................... 4.. ...................... ................ .......... .I............................................................... SataCofiecfion ' . .I . .1..2.... ...8... ................. 6� .............I..........W ....................32 ...................24......... ................8 ......W..... .......I............-............................................................ .6 .............86 .................. ................................ .......d . . .............................4...............................8................I....12.......................8 .. ... IV..j. ment.......................I........... 1 : 3 ............................................................................. ................................ ............................ ......I............1,............................. ............................ .................... ..... V. International Route Connections . .. ................................. ................................... ........................... ............................ ................ .............. 8 16: 40 24'� 8 ...................... 96 ......................................................................................... ................................... .................................... ............................ ..................... .......... T Improvements ................................... ....................... ............ ......... ........4................ ............................. 4 : 12i 4 ...................... 60 .................. ......................................... .............. I ................. I .. .............................16 ................................ .................... I ....... ............................... ................................... ................................... ........................... ............................ ............................... ...................... ....................... q 8 32: 40 40.',� 16 136 ..................... ..................................... ............... --32:: ................................... .................................... ............................ ..................... ......................... .... ............................. ...................................4..........................0........................................................... ................... .. ------------------ ia'.'ie, x* Support i.� 3 16= 16 112 ..................... ....................... I .................. ................................... I ................................... .............. I ............. ........ ................... ............................... ...................... ........................................................ I ........................ I ....... ................................... ................................... .......... 11 ............... ................... 0 ........ ............................... ....................... IX. Regional Sub?P°rt 16 32:: ...................................... 32 .................. 161 ........................ 16 112 ................................... .................................... ............................ ... ...... ................... .... ............................ .... ......................... I ............. ............................... ................................... ........................... ............................. z ........................... 1 Review Meetings 24.',., 52:: 24 016 1*l* ITOTALS --- 7 96 2376 288 188 108 916 BNTB CORPORATION E)amrr c 11/6/97 Page 1 of 2 EXHIBIT C, COMPENSATION CITY OF LUBBOCK HNTB CORPORATION SOUTHWEST TO NORTHWEST CORRIDOR FEASIBILITY STUDY ESTIMATE OF COSTS DIRECT SALARY COST Principal 96 Hrs. @ $55.00 = $5,280 Project Manager 236 Hrs. @ $45.00 = $10,620 Engineer 288 Hrs. @ $30.00 = $8,640 Technician 188 Hrs. @ $20.00 = $3,760 Clerical 108 Hrs. @ $15.00 = $1,620 916 Hrs. TOTAL DIRECT SALARY $29,920 SALARY RELATED (INDIRECT) COSTS (174.48%) $52,204 TOTAL LABOR COSTS $82,124 FEE $12,319 DIRECT EXPENSES Travel and Subsistence = $6,000 Printing, Mapping and Reproduction: _ $4,500 Subconsultants and Special Services: Parsons Brinckerhoff Quade & Douglas, Inc. _ $35,837 Parkhill Smith & Cooper, Inc. _ $21,000 TOTAL EXPENSES — $67,337 TOTAL ENGINEERING COSTS (LUMP SUM) _ $161,780 PAYMENT: The City of Lubbock will be invoiced monthly, showing breakdown of percent complete by task, and overall completion of the project. HNM CORPORATION EX rr C 11/6/97 Page 2 of 2 EXHIBIT D MY'S RESPONSIBILITIES The following items are to be provided by the City of Lubbock: 1. Furnish copies of all available previous feasibility studies relative to this corridor. 2. Furnish copies of all available previous economic studies relative to this corridor. 3. Furnish correspondence relative to past studies in the corridor. 4. Compile and utilize mailing lists of contacts for the Coalition's efforts. Any newsletters, informational documents other than summary reports identified in Attachment A, or other materials for general distribution will be developed and distributed by the City. 5. Assist the Engineer in data collection and coordination with other agencies. 6. Furnish available mapping in the preferred scale for documentation of existing information and development of potential routes. 7. Furnish previously documented traffic data —existing and projected. S. Furnish any planning documents relative to the corridor. 9. Schedule and preside over organizational and briefing meetings for the Coalition. 10. Furnish any special criteria to be utilized in development of the study, maps and reports. HNTB CORPORATION EXHIBIT D 11/06/97 ARCHITECTS ENGINEERS PLANNERS 14114Da!/ns Parkuwy Suite 630 Dallas, Terns 752404381 (972) 661-5626 FAX (972) 661-5614 November 6, 1997 Ms. Mildred Cox Director of Transportation City of Lubbock 1625 13" Street Lubbock, Texas 79401 SOUTHWEST TO NORTHWEST INTERNATIONAL TRADE CORRIDOR FEASIBILITY STUDY Contract Transmittal Dear Ms. Cox: We are pleased to submit herewith three executed copies of our proposed contract, with attached exhibits, for the captioned project. Should you find these documents in order, please sign all three copies and return one for our files. We thank the City of Lubbock for this opportunity and look forward to working with you on this important project. Please call if you need additional information for your review. Respectfully submitted, Enclosures 28459 The ANTB Companies OFFICES: ALEKANDRIA, VA; ATLANTA, GA; AUSTIN, TX; BATON ROUGE, LA; BOSTON, MA; CHARLESTON, WV; CHICAGO, IL; CLEVELAND. OR; DALIAS, TX; DENVER. CO; DETROIT, MI; FAIRFIELD, NJ; FT. WORTH, TX HARTFORD, CT; HOUSTON, TX; INDIANAPOLIS, IN; IRVINE, CA; KANSAS CITY, MO; LANSING. MI; LAS VEGAS, NV; LOS ANGELES. CA; LOUISVILLE, KY; MIAMI, FL; MILWAUKEE, WI; MINNEAPOLIS. MN; NASHVILLE. TN; NEW YORK, NY; OAKLAND. CA; OKLAHOMA CITY, OK; ORLANDO, FL; OVERLAND PARK, KS; PHOENIX, AZ; PLYMOUTH MEETING, PA; PORTLAND, ME; RALEIGH. NC; ROCKLAND COUNTY, NY; SAN ANTONIO, TX SEATTLE, WA; TAMPA, FL; TULSA, OK; WICHITA., KS.