HomeMy WebLinkAboutResolution - 1145 - Contract - GFF & Associates Inc - River Walk Project, Canyon Lakes - 07_22_1982RESOLUTION 1145 - 7/22/82
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RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract for
Professional Consulting and Design Services in Connection with the Canyon Lakes
River Walk Project between the City of Lubbock and Groves, Fernandez, Frazer an
Associates, Inc., 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 22nd day of / ,1982.
B L McALI TER, MAY R
ATTEST:
E elyn Gaf a, ity S -Treasurer
APPROVED AS TO CONTENT:
. �, ��n t�y►YL,
Jim, er ram, Director of Planning
APPROVED AS TO FORM:
7M. Sherwin, Assistant City Attorney
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RESOLUTION .1145,-7122/82
CITY SFCRETARY-TREASURER
CONTRACT FOR PROFESSIONAL CONSULTING AND
DESIGN SERVICES IN CONNECTIO14 WITH THE
CANYON LAKES RIVER WALK PROJECT
This is an AGREEMENT by and between the CITY OF LUBBOCK,
TEXAS, a municipal corporation, hereinafter called "CITY," and
GROVES, FERNANDEZ, FRAZER, AND ASSOCIATES, INC. consulting engi-
sneers, of 9030 Wurzbach Road, San Antonio, Texas 78240, here-
inafter called "CONSULTANT."
WITNESSETH:
WHEREAS, CITY desires the development of a concept plan, an
assessment of possible funding sources, and an economic feasibility
study of the CANYON LAKES RIVER WALK PROJECT; and
WHEREAS, CONSULTANT desires to undertake the performance of
certain tasks necessary to the development of such a plan, assess-
ment of possible funding sources, and economic feasibility study
for such a project;
NOW THEREFORE, the parties do mutually agree as follows:
ARTICLE I
EMPLOYMENT OF CONSULTANT
CONSULTANT shall perform the professional consulting and
design services in connection with the development of a plan for
the CANYON LAKES RIVER WALK PROJECT including an assessment of
possible sources of funding to complete such project and an eco-
nomic feasibility study of the proposed development. CITY shall
employ CONSULTANT to render such services and shall pay CONSULTANT
the compensation for such services as stated in ARTICLE VI of
this Agreement.
ARTICLE II
DEFINITION OF TERMS
The following terms as used in this Agreement shall have the
meaning as set forth hereafter:
A. The CANYON LAKES RIVER WALK PROJECT is a proposed planned
development of the Canyon Lakes park system and adjacent
areas designed to increase the public use of the Canyon Lakes
Parks by creating attractive activity centers that would
generate pedestrian traffic and draw people into the park
area.
B. The project area is the Canyon Lakes Project which
extends along the Yellowhouse Canyon from northwest to south-
east through the City of Lubbock, Texas, and which is more
specifically described by the shaded area on Exhibit "A"
attached hereto and made a part of this Agreement by this
reference.
C. Activity nodes are areas of planned activity within the
project or located on adjacent land.
ARTICLE III
CHARACTER AND EXTENT OF SERVICES
CONSULTANT shall perform the following services under the
terms and conditions hereinafter stated:
PHASE ONE: PROJECT ANALYSIS
After receipt of written notification to proceed, CONSULTANT
shall survey and thoroughly analyze the project area for the
purpose of defining opportunities for development and identifying
various development options which the project may support. These
services shall be in sufficient detail to indicate the problems
involved and alternative solutions available. Factors to be con-
sidered by CONSULTANT in conducting such survey and analysis shall
include, but not be limited to, the following:
1. Relationship of the project corridor to transportation
ways.
2. An analysis of existing land uses adjacent to the corridor.
3. Adjacent community development patterns.
4. Other physical aspects of the different sectors of the
corridor, including topography, utilities, and railroads.
5. Review of local urban renewal plans adjacent to the
Canyon.
6. Review and analysis of the Canyon Lakes Policy Zone
Ordinance.
In this phase CONSULTANT shall discover the potential points
of penetration of the activity nodes, including which areas are
the logical points of penetration. CONSULTANT shall state the
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basis of its determinations in this regard. Other considerations
will be included in this phase as they become necessary.
Upon completion of Phase One, CONSULTANT shall meet with the
Planning and Parks Departments staff of the CITY to review decisions
made by CONSULTANT during this plase, to obtain the full benefit
of the CITY'S experience and knowledge of existing needs and
facilities, and to enable CONSULTANT to make recommendations con-
sistent with the CITY'S policies and standards. Such meeting shall
take place at Lubbock, Texas, at a time and location agreeable to
both parties.
PHASE TWO: EVOLVING THE DEVELOPMENT CONCEPT
CONSULTANT shall evolve the development concept for the pro-
ject which will include, but not be limited to, the following con-
siderations:
1. Whether or not linkage with other areas of high use is
feasible, including an analysis of how this linkage will be
accomplished.
2. Development of what the linkages physical character and
appearance will be like.
3. Development of land uses and activities that will be
appropriate along the linkages.
During this phase CONSULTANT shall confer and counsel with
CITY staff members and other persons or agencies that might be
affected by the development of the project, including but not
limited to, conferences and consultations with CITY staff members
of the departments of Parks and Recreation, Planning, Zoning and
Engineering; realtors who have land on the market along the Canyon,
members of the Lubbock Board of Realtors, representatives of Texas
Tech, representatives of the Chamber of Commerce, representatives
from Commerciantes Organizados Mexico Americanos (COMA), and rep-
resentatives from identifiable neighborhood organizations adjacent
to the Canyon Lakes Project.
PHASE THREE: THE CONCEPT DEVELOPMENT PLAN
CONSULTANT shall prepare maps, drawings, and graphics to
working scale in order to illustrate in graphic form the various
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conceptual approaches to the development options identified in
Phases One and Two. Such maps, drawings, and graphics shall
stylize the physical development of the project and delineate
the penetrating links and activity nodes. CONSULTANTS shall make
cost estimates and suggest phasing for the development. CONSULTANTS
shall propose commercial land uses which are deemed desirable. In
performing the tasks encompassed in this phase, CONSULTANT shall
confer with CITY staff members.
At the completion of Phase Three, a preliminary conceptual
plan will be presented to representatives of the groups mentioned
in Phase Two.
PHASE FOUR: FUNDING ASSISTANCE AND ECONOMIC FEASIBILITY ASSESSMENT
CONSULTANT, in consultation with the CITY, shall analyze and
advise the CITY as to all possible sources of funding for the pro-
ject and outline the necessary steps to acquire such funding.
CONSULTANT shall recommend private or governmental financing or a
combination of private and governmental financing. During this
phase CONSULTANT will assess the interest and the probability of
willingness to participate on the part of the private sector.
PHASE FIVE: THE PLAN PRESENTATIONS AND RECOMMENDATIONS
CONSULTANT shall prepare a written report clearly setting
forth CONSULTANT'S recommendations. CONSULTANT shall provide
fifteen (15) copies of such report to CITY prior to the presentations
called for hereafter. CONSULTANT shall make a verbal and visual
presentation of all completed work of CONSULTANT to the CITY. Such
presentation shall include a preliminary presentation to the CITY
MANAGER and his staff followed by a presentation to the CITY COUNCIL
OF THE CITY OF LUBBOCK. Such presentations shall be made at times
agreed upon between CONSULTANT and the CITY MANAGER.
PHASE SIX: CONSTRUCTION PLANS AND SPECIFICATIONS
After completion of Phase Five, the CITY COUNCIL OF THE CITY
OF LUBBOCK may, at its discretion, authorize preparation of de-
tailed plans and specifications. If authorized, the preparation
of such plans and specifications shall be performed in accordance
with the terms of a separate contract to be negotiated between the
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CITY and CONSULTANT.
ARTICLE FOUR
RESPONSIBILITIES OF CITY
A. The CITY shall place at the disposal of CONSULTANT such
information pertinent to the project as the CITY now possesses
and which has been previously developed including base maps,
reports, and land use data.
B. The CITY shall provide technical assistance and advice
to CONSULTANT when requested to do so in advance.
C. The CITY shall help schedule and arrange meeting places
for conferences and consultations with citizen groups men-
tioned in Phases Two and Three.
D. The CITY shall designate staff members who shall attend
scheduled review meetings.
E. The CITY hereby designates the Director of Planning to
act as CITY'S representative with respect to services to be
performed under this Agreement. The Director of Planning may
appoint an assistant to act in his stead as representative.
ARTICLE FIVE
SCHEDULE OF PERFORMANCE OF CONSULTANT'S SERVICES
CONSULTANT shall undertake the tasks outlined in Phase One of
Article III of this Agreement within thirty (30) days after receipt
of written notification to proceed. CONSULTANT shall complete the
tasks encompassed in each Phase within the time periods designated
below.
Phase One shall be completed in sixty (60) working days
after commencement.
Phase Two shall be completed in ninety (90) working days
after completion of Phase One.
Phase Three can be completed in sixty (60) working days
after completion of Phase Two.
Phase Four shall be completed within sixty (60) working
days after completion of Phase Three.
Phase Five shall be timed in coordination with the con-
venience of the CITY.
CONSULTANT shall perform the services called for under this
Agreement as expeditiously as is consistent with professional
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skill and care and the orderly progress of this undertaking.
ARTICLE SIX
COMPENSATION OF CONSULTANT
For and in consideration of the services to be performed by
CONSULTANT under the Agreement, the CITY shall pay to CONSULTANT
the sum of THIRTY THOUSAND DOLLARS ($30,000.00). Partial payments
for services shall be made monthly in proportion to that part of
the services which has been accomplished. Such payments shall be
made within forty-five (45) days after receipt by the CITY of an
invoice outlining the tasks completed under each Phase as a percent
of the total tasks encompassed in that Phase. In no event shall
CONSULTANT be entitled to payment in excess of the following
schedule.
PERCENT OF
TOTAL SERVICES
At completion of Phase One $6,000 20%
At completion of Phase Two 6,000 20%
At completion of Phase Three 6,000 20%
At completion of Phase Four 6,000 20%
At completion of Phase Five 6,000 20%
The CITY shall remit payments per invoice by mail to GROVES,
FERNANDEZ, FRAZER AND ASSOCIATES, INC., at the address shown in
Article Seven.
ARTICLE SEVEN
NOTICES AND COMMUNICATION
All notices and communications shall be deemed sufficient if
mailed or delivered to CONSULTANT at the following address:
GROVES, FERNANDEZ, FRAZER, AND ASSOCIATES, INC.
9030 Wurzbach Road
San Antonio, Texas 78240
All notices and communications.to CITY shall be mailed or
delivered to the following address:
Director of Planning
City Hall, Room 202
916 Texas Avenue
Lubbock, Texas 79457
ARTICLE EIGHT
TERMINATION OF AGREEMENT FOR CAUSE
A. If, through any cause, CONSULTANT shall fail to fulfill
in a timely and proper manner its obligations under this Agree-
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ment or if CONSULTANT shall violate any of the covenants,
agreements, or stipulations of this Agreement, CITY shall
thereupon have the right to terminate this Agreement by
giving written notice to CONSULTANT of such termination and
specifying the effective date thereof, which must be at
least fourteen days after CONSULTANT'S receipt of said notice.
In the event CITY terminates this Agreement for cause, all
finished or unfinished documents, data, studies, maps,
drawings, graphics and reports prepared by CONSULTANT under
this Agreement shall, at the option of the CITY, become the
property of the CITY, and CONSULTANT shall be entitled to
receive just compensation for any satisfactory work com-
pensation for any satisfactory work completed on such documents.
The CITY may use such documents and materials for any purpose.
B. Notwithstanding the right of the CITY to terminate this
Agreement for cause, CONSULTANT shall not be relieved of
liability to CITY for damages sustained by CITY by virtue of
any breach of contract by CONSULTANT.
ARTICLE NINE
OWNERSHIP OF DOCUMENTS
Except as provided in Article Eight of this Agreement all
maps, drawings, and graphics prepared by CONSULTANT shall remain
the property of CONSULTANT. CONSULTANT shall provide the CITY
with copies of all maps, drawings, graphics, and reports prepared
by CONSULTANT under the terms of this Agreement without further
compensation by CITY than the compensation herein stated. Such
documents may be used by the CITY for any purpose which it deems
desirable.
ARTICLE TEN
CONSULTANT'S ASSURANCES
A. CONSULTANT shall comply with all and any laws and regu-
lations, as they may be amended from time to time, which are
relative to nondiscrimination in programs and activities
funded under the State and Local Fiscal Assistance Act, as
amended, 21 USC, §1221 et. seq.
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B. CONSULTANT agrees not to discriminate against any em-
ployee or applicant for employment because of race, creed,
color, sex, or national origin. CONSULTANT agrees not to
violate any prohibition against discrimination on the basis of
age under the Age Discrimination Act of 1975. CONSULTANT will
conduct its activities in accordance with the requirements of
Section 504 of the Rehabilitation Act of 1973 and will assure
that no qualified handicapped person shall, solely by reason
of his or her handicap, be excluded from participation in, be
denied the benefits of, or otherwise be subjected to dis-
crimination, including discrimination in employment, under any
activity of the CONSULTANT.
C. CONSULTANT agrees to conduct the performance of this
Agreement in compliance with any and all Federal, State, and
local laws and regulations regarding hours, wages, and con-
ditions of employment affecting the services covered by this
Agreement. CONSULTANT shall pay the contributions measured by
wages of its employees as requested by the Federal Unemploy-
ment Tax Act, the Federal Insurance Contribution Act, and any
other payroll tax.
ARTICLE ELEVEN
GENERAL CONDITIONS
A. Law Governing Agreement. For the purpose of determining
the place of the contract, it is agreed that this Agreement is
entered into in the City and County of Lubbock, Texas, and all
services to be performed under this Agreement shall be deemed
to be performed in the City and County of Lubbock, Texas.
B. Hold Harmless. CITY shall not be subject to any obliga-
tions or liabilities of CONSULTANT incurred in the performance
of this contract. CONSULTANT expressly agrees to indemnify
and hold harmless the CITY for any and all liabilities and
am
obligations incurred in connection with this Agreement due to
the negligence of CONSULTANT, its employees, officers, agents,
or appointees, or the negligent acts or omissions, breaches of
contract or other defalcation of CONSULTANT, its employees,
officers, agents, or appointees.
C. Independent Contractor. Nothing contained herein shall be
construed as creating the relationship of employer and em-
ployee between CITY and CONSULTANT, its employees, officers,
agents or appointees, and CONSULTANT shall at all times be
deemed to be an independent contractor.
D. CONSULTANT hereby warrants and certifies that no indi-
vidual or group of individuals other than bona fide employees
were utilized in securing this Agreement, that no express or
implied agreement has been made to employ or retain the ser-
vices of any firm or person in connection with carrying out
this contract, and that CONSULTANT has not paid or agreed to
pay any firm, person, organization or person (other than a
bona fide employee working soley for CONSULTANT) any fee,
contribution, donation, or consideration of any kind for, or
in connection with, procurring or carrying out this contract.
E. Successors and Assigns. The CITY and the CONSULTANT each
binds itself and its successors and assigns to the other party
of this Agreement and to the successors and assigns of such
other party, in respect to all covenants of this Agreement.
Except as provided above, neither CITY nor CONSULTANT shall
assign, or transfer its interest in this Agreement without the
written consent of the other.
F. This contract constitutes and expresses the entire
agreement between the parties and shall not be amended or
modified except by written instrument signed by both parties.
This Agreement is executed this-,-&—d day of ,
1982, in counterparts, each of which is an original,
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on behalf of CONSULTANT BY ITS �/��tidrnT and on behalf
of CITY by its Mayor, both of whom are thereunto duly authorized.
CITY OF LUBBOCK GROVES, FERNANDEZ, FRAZER,
AND ASSOCIATES, INC.
BILL MCALISTER, MAYOR
ATTEST:
Zv—e-IynGa-ffga, City retary
APPROVED AS TO CONTENT:
ATTEST:
Jim er ram, Director ot P anning
APPROVED AS TO FORM:
Joan M. Sherwin, Asst. City Attorney
V
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