HomeMy WebLinkAboutResolution - 3376 - Agreement - Wilbur Smith Associates - Parking Analysis, LCBD - 05_24_1990JWF:dw
RESOLUTION
RESOLUTION #3376
May 24, 1990
Item #16
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement by
and between the City of Lubbock and Wilbur Smith Associates, concerning a
parking analysis to be made of the Lubbock Central Business District,
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 24 th day of May , 1990.
e
B. C. MCMINN, MAYOR
e uoya, L11y z�ecreiary
APPROVED AS TO CONTENT:
David E. Woosley, City Tr c
Engineer
APPROVED AS TO FORM:
k�
J. Wo1rth Fullingim, AssistanTtt
At r ey
(�es#33'7b
THE STATE OF TEXAS )(
COUNTY OF LUBBOCK )( KNOW ALL MEN BY THESE PRESENTS
This contract is made, entered and executed between the City of Lubbock,
hereinafter called the City, and Wilbur Smith Associates, hereinafter called
the Consultant.
W I T N E S S E T H
WHEREAS, pursuant to provisions of 23 USC 134, the Governor of the State of
Texas has designated the Metropolitan Planning Organization (MPO) to be the
single -focus planning organization for the Lubbock urbanized area and has
executed an agreement to effectuate the designation; and
WHEREAS, pursuant to the Governor's designation and in compliance with
applicable federal, state, and local laws, regulations, and ordinances, the
MPO has developed and maintains a current Unified Planning Work Program which
outlines work tasks and estimated expenditures; and,
WHEREAS, the current Unified Planning Work Program has been approved by the
State of Texas, acting by and through the State Department of Highways and
Public Transportation, and the U.S. Department of Transportation, acting by
and through the Federal Highway Administration; and,
WHEREAS, the current Unified Planning Work Program authorizes the MPO to
engage a consultant to conduct a parking analysis of the Lubbock Central
Business District and the Consultant has proposed a plan to complete the task,
and the City has accepted the proposal;
NOW THEREFORE, in consideration of the premises and of the mutual covenants
and agreements of the parties hereto, the City and the Consultant do mutually
agree as follows.
AGREEMENT
Article 1. Contract Period
This contract becomes effective when fully executed by all parties hereto or
on May 24, 1990, whichever occurs later, and shall terminate upon the City's
final approval of work completed by the Consultant or on September 30, 1990,
whichever occurs earlier, unless otherwise terminated or modified as
hereinafter provided.
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Article Z. Responsibilities of the Parties
The Consultant sh all undertake and complete the task as described in
Attachment A, Approved Project Description, and in accordance with all terms
and conditions included hereinafter.
The City shall provide assistance as appropriate and as specified in said
Attachment A, including approval of all work.
Article 3. Compensation
The maximum amount payable under this contract shall not exceed the amount of
$4-8,-000, which includes estimated costs in the approximate amount of $42,855
as well as a fixed fee of $5,145. The City shall make partial proportionate
payments of the fixed fee based on the amount of work completed by the
Consultant.
All payments made hereunder will be made on the basis of reimbursement of
actual costs incurred, not to exceed the limits authorized in Attachment B,
Approved Project Budget, and the fixed fee specified above.
To be eligible for reimbursement, a cost must be incurred within the contract
period specified in Article 1 above and be authorized or not prohibited in
Attachment 8, Approved Project Budget. All costs must be supported by source
documents which comply with generally accepted accounting practices.
-Payment of costs incurred is further governed by cost principles outlined in
the federal Acquisition Regulation, Part 31, Subpart 31.2, Contracts with
Commercial Organizations.
Article 4. Contract Amendments
Significant changes in the terms and conditions of this contract can be made
only by written amendment executed by the parties hereto prior to the changes
being made. Any such amendment must be approved by the U.S. Department of
Transportation before the changes are made.
Article 5. Additional Work
If the Consultant is of the opinion that any work it has been directed to
perform is beyond t-he scope of this contract and constitutes additional work,
the Consultant shall promptly notify the City in writing. In the event that
the City finds that such work does constitute additional work, the City shall
so advise the Consultant and provide compensation for doing the work on the
same basis as the original work or the City shall advise the consultant not to
perform the work. If the compensation for the additional work will cause the
maximum amount payable to be exceeded, a written amendment will be executed.
Any amendment so executed must be approved within the contract period
specified in Article 1.
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Article 6. Changes in Work
When the approved project description requires a completed work product, the
City will review the work as specified in the approved project description.
If the City finds it necessary to request changes in previously satisfactorily
completed work or parts t-hereof, the Consultant will make such revisions as
requested and directed by the City. Such work will be considered as
additional work and subject to the requirements established in Article 5.
If the City finds it necessary to require the Consultant to revise completed
work to correct errors appearing therein, the Consultant will make such
corrections, and no compensation will be paid for the corrections.
Article 7. indemnification
The Consultant shall save harmless the City from all claims and liability due
to negligent acts or omissions of the Consultant, its agents or employees.
The Consultant also agrees to save harmless the City from any and all
expenses, including attorney fees, all court costs and awards for damages,
imcarred by the City in litigation or otherwise resisting such claims or
liabilities as a result of negligent acts or ommissions of the Consultant, its
agents or employees.
Further, the Consultant agrees to protect, indemnify, and save harmless the
City from and against all claims, demands and causes of action of every kind
and character brought by any employee of the Consultant against the City due
to personal injuries and/or death to such employee resulting from any alleged
negligent act, by either commission or omission on the part of the Consultant.
Article 8. Inspection of Work
The City, MPO, the State of Texas, and the U.S. Department of Transportation,
and any authorized representative thereof, have the right at all reasonable
times to inspect or otherwise evaluate the work performed or being performed
hereunder and the premises on which it is being performed.
If any inspection or evaluation is made on the premises of a subcontractor,
the Consultant shall provide and require his subcontractor to provide all
reasonable facilities and assistance for the safety and convenience of the
inspectors in the performance of their duties. All inspections and
evaluations shall be performed in such a manner as will not unduly delay the
work.
Article 9. Disputes
The Consultant shall be responsible for the settlement of all contractual and
administrative issues arising out of procurements entered into in support of
contract work.
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Th-e City shall act as referee in all disputes regarding nonprocurement issues,
and the City's decision shall be final and binding.
Article 10. Non -collusion
The CDnso}tant warrants that he has not employed or retained any company or
person, other than a bona fide employee working for him, to solicit or secure
this contract, and that he has not paid or agreed to pay any company or
person, other than a bona fide employee, any fee, commission, percentage,
brokerage fee, gift, or any other consideration contingent upon or resulting
from the award or making of this contract. If the Consultant breaches or
v-tolates this warranty, t-he City shall have the right to annul this contract
witho'ut liabil-ity or, in its discretion, to deduct from the contract price or
consideration, or otherwise recover the full amount of such fee, commission,
brokerage fee, gift, or contingent fee.
Article 11. Reporting
The Consultant shall submit quarterly performance reports that provide as a
minimum (1) a comparison of actual accomplishments to the goals established
for the period, (2) reasons why established goals were not met, if
appropriate, and (3) other pertinent information including, when appropriate,
analysis and explanation of cost overruns or high unit costs.
The Consultant shall submit a final report within 90 days after completion of
the contract.
The Consultant shall promptly advise the City in writing of events which have
a significant impact upon the contract, including:
1. Problems, delays, or adverse conditions which will materially affect
the ability to attain program objectives, prevent the meeting of time
schedules and goals, or preclude the attainment of project work units by
established time periods. This disclosure shall be accompanied by a statement
of action taken, or contemplated, and any assistance needed to resolve the
situation.
2. favorable developments or events that enable meeting time schedules
and goals sooner than anticipated or producing more work units than originally
projected.
Article 12. Re -cords
The Consultant agrees to maintain all books, documents, papers, accounting
records, and other evidence pertaining to costs incurred and work performed
-hereunder and shall make such materials available at his office during the
contract period and for three years from the date of final payment under the
contract. Such materials shall be made available during the specified period
-for inspection by the authorized representatives of the City, the MPO, the
State of Texas, the U.S. Department of Transportation and the Office of the
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Inspector General, for the purpose of making audits, examinations, excerpts,
and transcriptions.
Article 13. Subcontracts
Any subcontract for professional services rendered by individuals or
organizations not a part of the Consultant's organization shall not be
executed without prior authorization and approval of the subcontract by the
City.
Subcontracts in excess of $25,000 shall contain all required provisions of
this contract.
No subcontract will relieve the Consultant of his responsibility under this
contract.
Article 14. Termination
The City may terminate this contract in part or in whole at any time before
the date of completion whenever it is determined that the Consultant has
failed to comply with the conditions of the contract. The City shall give
written notice to the Consultant at least seven days prior to the effective
date of termination and specify the effective date of termination and the
reason for termination.
If both parties to this contract agree that the continuation of the contract
in whole or in part would not produce beneficial results commensurate with the
further expenditure of funds, the parties shall agree upon the termination
conditions, including the effective date and, in the case of partial
terminations, the portion to be terminated.
Upon termination of this contract, whether for cause or at the convenience of
the parties hereto, all finished or unfinished documents, data, studies,
surveys, reports, maps, drawings, models, photographs, etc., prepared by the
Consultant shall, at the option of the City, be delivered to the City with no
restriction on future use.
The City shall compensate the Consultant for those eligible expenses incurred
during the contract period which are directly attributable to the completed
portion of the work covered by this contract, provided that the work has been
completed in a manner satisfactory and acceptable to the City. The Consultant
shall not..incur new obligations for the terminated portion after the effective
date of termination.
Except with respect to defaults of subcontractors, the Consultant shall not be
in default by reason of any failure in performance of this contract in
accordance with its terms (including any failure by the Consultant to progress
in the performance of the work) if such failure arises out of causes beyond
the control and without the default or negligence of the Consultant. Such
causes may include but are not limited to acts of God or of the public enemy,
acts of the Government in either its sovereign or contractual capacity, fires,
floods, epidemics, quarantine restrictions, strikes, freight embargoes, and
unusually severe weather. in every case, however, the failure to perform must
be beyond the control and without the fault or negligence of the Consultant.
Article 15. Remedies
Violation or breach of contract terms by the Consultant shall be grounds for
ptermination of the contract, and any increased cost arising from -Consultant's
default, breach of contract, or violation of terms shall be paid by the
Consultant.
This agreement shall not be considered as specifying the exclusive remedy for
any default, but all remedies existing at law and in equity may be availed of
by either party and shall be cumulative.
Article 16. Compliance With Laws
The Consultant shall comply with all Federal, State, and local laws, statutes,
ordinances, rules and regulations, and the orders and decrees of any courts or
Administrative bodies or tribunals in any matter affecting the performance of
this contract, including, without limitation, workers' compensation laws,
mi-nimum and maximum salary and wage statutes and regulations, and licensing
laws and regulations. When required, the Consultant shall furnish the City
with satisfactory proof of its compliance therewith.
Article 17. Successors and Assigns
The City and the Consultant each binds itself, its successors, executors,
assigns and administrators to the other party to this agreement and to the
successors, executors, assigns and administrators of such other party in
respect to all covenants of this agreement. Neither the City nor the
Consultant shall assign, sublet, or transfer his interest in this agreement
without written consent of the other.
Article 18. Ownership of Documents
Upon completion or termination of this contract, all documents prepared by the
Consultant or furnished to the Consultant by the City shall be delivered to
and become the property of the City. All sketches, photographs, calculations,
and other data prepared under this contract shall be made available, upon
request, to the City without restriction or limitation of further use.
Article 19. Signatory Warranty
The undersigned signatory for the Consultant hereby represents and warrants
that he is an officer of the organization for which he has executed this
contract and that he has full and complete authority to enter into this
contract on behalf of his firm.
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Article 20. Consultant Resources
The Consultant warrants that it presently has adequate qualified personnel in
its employment for performance of services required under this contract, or
will be able to obtain such personnel from sources other than the City.
Unless otherwise specified, the Consultant shall furnish all equipment,
materials, and supplies required to perform the work authorized herein.
All employees of the Consultant shall have such knowledge and experience as
will enable them to perform the duties assigned to them. Any employee of the
Consultant who, in the opinion of the City, is incompetent, or whose conduct
becomes detrimental to the work, shall immediately be removed from association
with the project.
Article 21. Equal Employment Opportunity
The Consultant agrees to comply with Executive Order 11246 entitled "Equal
Employment Opportunity" as amended by Executive Order 11375 and a supplemented
in Department of Labor Regulations (41 CFR 60).
Article 22. Nondiscrimination
During the performance of this contract, the Consultant, its assigns and
successors in interest, agrees as follows:
1. Compliance with Regulations: The Consultant shall comply with the
regulations relative to nondiscrimination in federally -assisted programs of
the U.S. Department of Transportation, Title 49, Code of Federal Regulations,
Part 21 and Title 23, Code of Federal Regulations, Part 710.405(b), as they
may be amended from time to time (hereinafter referred to as the Regulations),
which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The Consultant, with regard to the work
performed by it during the contract, shall not discriminate on the grounds of
race, color, sex, or national origin in the selection and retention of
subcontractors, including procurement of materials and leases of equipment.
The Consultant shall not participate either directly or indirectly in the
discrimination prohibited by Section 21.5 and Part 710.405(b) of the
Regulations, including employment practices when the contract covers a program
set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials
and Equipment: In all solicitations either by competitive bidding or
negotiation made by the Consultant for work to be performed under a
subcontract, including procurements of materials or leases of equipment, each
potential subcontractor or supplier shall be notified by the Consultant of the
Consultant's obligations under this contract and the Regulations relative to
nondiscrimination on the grounds of race, color, sex, or national origin.
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4. Information and Reports: The Consultant shall provide all
information and reports required by the Regulations, or directives issued
pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the
State Department of Highways and Public Transportation or the U.S. Department
of Transportation to be pertinent to ascertain compliance with such
Regulations or directives. Where any information required of the Consultant
is in the exclusive possession of another who fails or refuses to furnish this
information, the Consultant shall so certify to the State Department of
Highways and Public Transportation or the U.S. Department of Transportation as
appropriate, and shall set forth what efforts it has made to obtain this
information.
5. Sanctions for Noncompliance: In the event of the Consultant's
noncompliance with the nondiscrimination provisions of this contract, the
State Department of Highways and Public Transportation shall impose such
contract sanctions as it or the U.S. Department of Transportation may
determine to be appropriate, including but not limited to:
withholding of payments to the Consultant under the
contract until the Consultant complies, and/or
cancellation, termination, or suspension of the contract in
whole or in part.
6. Incorporation of Provisions: The Consultant shall include the
provisions of paragraphs 1 through 6 in every subcontract, including
procurements of materials and leases of equipment, unless exempt by the
Regulations or directives issued pursuant thereto. The Consultant shall take
such action with respect to any subcontract or procurement as the City may
direct as a means of enforcing such provisions including sanctions for
noncompliance; provided, however, that in the event a Consultant becomes
involved in, or is threatened with litigation with a subcontractor or supplier
as a result of such direction, the Consultant may request the City to enter
into such litigation to protect the interests of the City; in addition, the
Consultant may request the United States to enter into such litigation to
protect the interests of the United States.
Article 23. Minority Business Enterprises
It is the policy of the U.S. Department of Transportation that Minority
Business Enterprises as defined in 49 CFR 23, Subpart A, shall have the
maximum opportunity to participate in the performance of contracts financed in
whole or in part with Federal funds. Consequently the Minority Business
Enterprise requirements of 49 CFR 23, exclusive of Subpart D, apply to this
contract as follows:
The Consultant agrees to insure that Minority Business Enterprises as
defined in 49 CFR 23, Subpart A, have the maximum opportunity in the
performance of contracts and subcontracts financed in whole or in part
with Federal funds. In this regard, the Consultant shall take all
necessary and reasonable steps in accordance with 49 CFR 23, exclusive
1.1
of Subpart D, to insure that Minority Business Enterprises have the
maximum opportunity to compete for and perform contracts.
The Consultant and any subcontractor shall not discriminate on the basis
of race, color, national origin, or sex in the award and performance of
contracts funded in whole or in part with Federal funds.
These requirements shall be physically included in any subcontract. Failure
to carry out the requirements set forth above shall constitute a breach of
contract and, after the notification of the City, may result in termination of
the contract by the City or other such remedy as the City deems appropriate.
Article 24. Delinquent Tax Certification
Pursuant to Article 2.45 of the Business Corporation Act, Texas Civil
Statutes, which prohibits the State from awarding a contract to a corporation
that is delinquent in paying taxes under Chapter 171, Tax Code, the Consultant
hereby certifies that it is not delinquent in its Texas franchise tax
payments, or that it is exempt from or not subject to such tax. A false
statement concerning the corporation's franchise tax status shall constitute
grounds for cancellation of the contract at the sole option of the State.
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IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED DUPLICATE
COUNTERPARTS TO EFFECTUATE THIS AGREEMENT.
EXECUTED THIS the 24th day of May , 1990, by CITY.
CITY OF LUBBOCK
BY0.0 ' C
B. C. McMI
Mayor
ATTEST:
Ci y Secretary, Rar#tte Boyd
APPROVED AS TO CONTENT:
David E. Woosley,
City Traffic Engineer
APPROVED AS TO FORM:
J orth Ful l ingim,
A s stant City Attorney
WILBUR SMITH ASSOCIATES
BY- c
E. L. WALKER, JR.,
Senior Vice President`-
-
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Debarment Certification
(Negotiated Contracts)
(1) The CONTRACTOR certifies to the best of its knowledge and belief, that it and
its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from covered transactions by any federal
department or agency;
(b) Have not within a three-year period preceding this proposal been convicted
of or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or perform-
ing a public* transaction or contract under a public transaction; violation of
federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
(c) Are not presently indicated for or otherwise criminally or civilly charged by
a governmental entity* with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had
one or more public transactions* terminated for cause or default.
(2) Where the CONTRACTOR is unable to certify to any of the statements in
this certification, such CONTRACTOR shall attach an explanation to this
certification.
*federal, state or local
E. L. Walker, Jr., P'E
Signature of Certifying Official
Senior Vice President
Title
May 3, 1990
Date
Form 1734-A
4-89
EXHIBIT A
CBD PARKING ANALYSIS
APPROVED PROJECT DESCRIPTION
The boundaries of the CBD Parking Analysis shall be 9th Street, 15th Street,
Avenue E and Avenue 0. The CBD Parking Analysis work program is divided into
six tasks. Each task is outlined below in several work steps.
Task 1: Inventory
Subtasks
1.1 Review existing parking and traffic data, and previous reports.
1.2 Parking space inventory.
1.3 Parking rate study.
1.4 Existing policy review.
Task 2: Parking Characteristics
Subtasks
2.1 Parking accumulation.
2.2 Parking space turnover of off-street parking facilities.
2.3 Parking characteristics.
2.4 Parking rates and revenues.
Task 3: Demand and Needs
Subtasks
3.1 Major generators.
3.2 Current parking supply and demand comparison.
3.3 Project future demand and needs.
3.4 Analyze parking improvements.
Task 4: Improvement Alternatives
Subtasks
4.1 Efficient use of on -street curb space.
4.2 Additional off-street parking.
Task 5: Recommended Parking Program
Subtasks
5.1 Recommended parking improvements.
5.2 Organizational considerations.
5.3 Alternate methods of financing.
Task 6: Preparation of Reports
Subtasks
6.1 Draft technical report.
6.2 Presentation to City Council.
6.3 Final report.
2
EXHIBIT B
COST ESTIMATE
Direct Labor
--------------------
Hours Rate Total
Principal Associates
40
29.19
$ 1,168
Project Manager
240
21.56
5,174
Planners/Engineers
160
17.96
2,874
Technicians
120
13.77
1,652
Drafters/CADD Operators
120
9.85
1,182
Word Processors/Tech. Typists
160
7.53
I,205
Temporary (Enumerators, -Counters)
560
5.00
2,800
Subtotal
-----
1400
-----
-------
$16,055
Labor Overhead
--------------
Permanent
158.75%
$21,042
Temporary
10.00%
280
Subtotal
$21,322
Direct Expenses
---------------
Travel and Subsistence $ 3,620
Reproduction and Printing 1,200
Telephone, Postage Express 300
Supplies, materials, Miscellaneous 358
Subtotal $ 5,478
Total Estimated Cost less fixed fee $42,855
Fixed Fee 5,145
Total $48,000
Tasks
Months
June
July
August
September
1.0
2.0
3.0
4.0
5.0
6.0
Parking Inventory
Parking Characteristics
Parking Demands and Needs
Parking Improvement Alternatives
Recommended Parking Program
Study Report
Progress Reports/Meetings
I DraftFina
Report I Report
41
Legend: Task Duration •
Progress Report/Meeting ® Client Review ♦
Technical Report
Wilbur Smith Associates
Project Schedule
CBD Parking Study
Lubbock, Texas
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