HomeMy WebLinkAboutResolution - 2004-R0179 - Contract With Gould Evans To Develop Stabilization_Revitalization Plan - 04_06_2004Resolution No. 2004-RO179
April 6, 2004
Item No. 36
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 a contract with Gould Evans
to develop a Stabilization/Revitalization Master Plan for the core neighborhoods of
Lubbock. Said contract 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 6th day of April Z , 2004.
MAYOR
ATTEST:
Reb cca Garza, City Secretary
APPROVED AS TO CONTE T:
Craig er, Mana g Dire or o
Planning and Transportation
APPROVED AS TO FORM:
M. Knight,
as/CityAtt/Jobn/Resolutions/Stabil ization/Revitalization
March 11, 2004
Resolution No. 2004-RO179
April 6, 2004
Item No. 36
THIS AGREEMENT made this 29th day of March, 2004 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 Central 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 6 months from the date of execution of this Agreement,
exclusive of the public adoption process (Step 4 of Exhibit A), which may be administratively
extended if the project is 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 $75,000, including
reimbursable expenses. 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. The prevailing party, as ordered by a Court of Competent
Jurisdiction in any contested action to recover payment due, shall be entitled to recover its attorney's
fees. 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
Central Lubbock Agreement 1 Revised 03.29.04
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
Central Lubbock Agreement 2 Revised 03.29.04
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.
Central Lubbock Agreement 3 Revised 03.29.04
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 party, 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:
CITY OF LU BOCK, T41AS
ar McD 1, M yor
3
Date: April 6, 2004
ATTEST:
e ecca Garza, City Secretary
APPROVED AS TO CONTENT:
Craig Farm ,
Managing Director of Planning and Transportation
APPROVED AS TO FORM:
n Knigh sis tan ity Attorney
FOR:
GOULD EVANS GOODMAN ASSOC.
41�_010&95"
Glen S. LeRoy, FAIA, F CP, Prcipal
Date: ( !•(/t/
Central Lubbock Agreement 4 Revised 03.29.04
Resolution No. 2004—RO179
Exhibit A: Scope of Services
The Stabilization and Revitalization Master Plan for Central Lubbock will be coordinated with the master planning
efforts for North and East Lubbock. While these two planning efforts have somewhat different approaches and
emphasis areas, some of the methodologies and products will be consistent. Also, the Central Lubbock project
should exhibit separate, but coordinated efforts between Phase #1 (Area #1) and Phase #2 (Area #2), the boundaries
of which are indicated in the Request for Qualifications (RFQ - #019-04-VK) (Exhibit B) issued by the City of
Lubbock on January 30, 2004. The Client is responsible for all meeting logistics for this project, including securing
space for "Steering Committee" meetings and public meetings, refreshments, and meeting notifications.
Step 1: Issues/Needs/Trends
Prior to initiating Step 1, the Client will transmit all relevant plans and reports to the Consultant that pertain to the
study area. This includes City's housing survey, as well as any updates to that survey. The Consultant will rely on
the validity of these studies and reports unless otherwise notified by the Client. The Client will also make available
any base mapping and analysis for the area in digital form. The Client will make all resources, digital (GIS)
mappings, and reports available to the Consultant at no cost to the Consultant.
1.1 Issues and Analysis
Working with groups established by the client, in consultation with Consultant, key community issues will be
elicited. As the issues, problems, opportunities, and community visions are brought to the surface, mechanisms will
exist to establish key community priorities. These priorities will then be used as a means for developing project and
area goals, as well as for establishing a basis for testing redevelopment and revitalization scenarios. The Client will
establish a "Steering Committee"(a representative group of citizens and stakeholders to act as a focus group
throughout the process) for both Area # 1 and Area # 2. There will be a community wide participatory meeting for
Area # 1 and Area #2 in this task to be held at a common meeting place and time, with appropriate break-out sessions
for each group. To the extent possible, a common meeting place and time will be set for both Steering Committees,
with break-out rooms for the two Steering Committees.
1.2 Needs Analysis
Needs will be derived from both the community participation process, as well as from an analysis of comparable
districts in both Lubbock and peer communities. Needs may be physical in nature, involve public policies, or
address public or social service needs. Retail analysis for the 34 and 50`h Street commercial corridors will also be
addressed in this task.
1.3 Trend Analysis
Trend Analysis represents the current community direction that is likely to be followed into the future, without
intervention. Market and economic trends will be emphasized, but they may also include political and social forces
that operate within the area. This analysis provides the base line for proposing alternative actions that can
meaningfully influence revitalization and stabilization strategies. A significant component of this task will be the
analysis of 1990 and 2000 US Census data, conducted by the City, but with the advice and consultation of the
Consultant.
1.4 Draft Report
The findings of Step 1 will be documented in a draft report, which can become a component of a final report, based
on appropriate client review and approval.
Central Lubbock Agreement 5 Revised 03.29.04
Step 2: Alternatives
2.1 Generate Alternatives
Based on the work in Step 1, the "Current Trend" will become a baseline alternative. Using that scenario as a point
of departure, a variety of community needs and issues identified in Step 1 will be arrayed into a series of alternative
approaches. These alternatives may involve physical redevelopment strategies, stabilization strategies, public
policies, social services, and other factors.
2.2 Preferred Strategy
In a meeting with the Area #1 and Area #2 Steering Committees, a preferred stabilization and revitalization strategy
will be derived, including physical framework and enforcement measures, possibly from a combination of the
alternatives generated in the previous task. Economic development strategies for commercial corridors (such as 34th
Street and 50'' Street, as well as their relationship with adjacent neighborhoods) will be addressed in the plan.
2.3 Draft Report
The findings of Step 2 will be documented in a draft report, which can become a component of a final report, based
on appropriate client review and approval.
Step 3: Implementation Strategies
3.1 Enforcement Strategies
To support community stabilization efforts, a wide range of proven enforcement strategies and regulations, from
code enforcement to public safety enforcement will be set forth. The Client will arrange for the Consultant to meet
with public enforcement entities in eliciting current strategies, as well as inventing new or improved strategies.
3.2 Development Incentives
Lubbock currently utilizes a number of development and redevelopment strategies. Paralleling the research
conducted for North and East Lubbock, Consultant will be able to supplement these current tools with others
allowed by Texas State statute. The Client will arrange for the Consultant to meet with the public staff that deals
with development and redevelopment incentives and strategies. Incentives for housing development and
redevelopment will be addressed.
3.2 Public Policies and Organizational Strategies
In addition to development strategies, other public policies may be brought to bear in the Stabilization and
Revitalization Master Plan. Additionally, organizational approaches, such as CDCs or effective neighborhood
organizations may prove valuable as implementation strategies.
3.3 University Housing Strategies
The Client will arrange for the Consultant to meet with Texas Tech Housing officials to better understand the
University's housing needs and approaches. The results of this dialog will be integrated into the implementation
strategies.
3.4 Draft Implementation Matrix
An Implementation Matrix, concentrating on actions, time frames and participants will be prepared. Actions
represent the key activities to be undertaken in short, medium, and long-range time frames to allow for
"benchmarking" by the Client regarding implementation progress. Participants may be public, private, and not -for -
profit. The Draft Matrix will be produced, along with accompanying text, as a component of the final report, based
Central Lubbock Agreement 6 Revised 03.29.04
Y-001-4 — Kc111119
on appropriate client review and approval. This task will conclude with a presentation to the Area #1 and Area #2
Steering Committees.
Step 4 Adoption
4.1 Adoption Process
The approved draft reports for each section will be compiled into a single final draft report for the adoption process.
Consultant will participate in the formal meeting in the City's adoption process.
4.2 Final Report
After approval through the adoption process, Consultant will prepare a final report, including changes mandated in
the approval process.
Central Lubbock Agreement 7 Revised 03.29.04
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