Loading...
HomeMy WebLinkAboutResolution - 2009-R0508 - Agreement - LMPO- Geographic And Demographic Data Collection, Analysis & Mapping - 11/19/2009Resolution No. 2009-RO508 November 19, 2009 Item No. 5.1.4 RESOLUTION IBE 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 Professional Services Agreement between the City of Lubbock and the Lubbock Metropolitan Planning Organization to provide services for geographic and demographic data collection, analysis and mapping, and 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 19th day of ATTEST: APPROVED AS TO CONTENT: (Randy Henson, lorector of Planning APPROVED , /T# . tc ,,Assistant City Attorney gsfAgreemeni-Professional Servs Planning & MPQ..res 1 1.17.09 November 2009. TOM 1VIJJJJJARTIN, MAYOR Resolution No. 2009—RO508 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement") is entered into this 19th day of November, 2009, by and between the Lubbock Metropolitan Planning Organization (the "MPO"), and the City of Lubbock, Planning Department ("Planning"). WITNESSETH WHEREAS, Planning has substantial skill, resources, and experience in collecting, validating and mapping a variety of geographic and demographic information located in the metropolitan area served by the MPO, and is imminently qualified to perform such activities; WHEREAS, Planning has demonstrated competence and qualifications to perform the Services, as defined below, and will perform the Services for a fair and reasonable price; WHEREAS, the MPO desires to contract with Planning to perform Services through September 30, 2010, and Planning desires to provide said Services. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the MPO and Planning agree as follows: ARTICLE I Services 1.01 Planning shall conduct all activities within such time frames as set forth on Exhibit "A", "Scope of Services", attached hereto (the "Services"). ARTICLE 11 Compensation and Term 2.01 The consideration to be paid for the Services to be provided the MPO as described in Article I shall be invoiced to the MPO monthly as work is performed, or as otherwise agreed to in writing by the MPO and Planning. 2.02 It is understood by the MPO that in some cases the tasks listed in Exhibit A are a continuing process and that the completion of each task is ongoing. Planning may charge the MPO on a Professional Services Agreement — MPO/Lubbock Planning Page 1 of 9 recurring basis throughout the year provided that the MPO is furnished by Planning with the following: 1. A detailed description of the work produced for the billing period and an explanation of how the work produced relates to transportation planning within the MPO Metropolitan Area Boundary, as adopted in the Lubbock Metropolitan Transportation Plan, 2007-2032. 2. Total amount of reimbursement due for the tasks, supported by the following: a. Completed timesheets of the individuals working on each task that are presented for reimbursement. b. The number of man-hours used to perform the task. c. Cost per man-hour. d. Any other cost associated with performing the task, including amounts due in connection with the City of Lubbock Digital Orthophotography Contract 2010. 2.03 Either party may terminate this Agreement by providing written notice to the other party at least thirty (30) days prior to the effective date of termination as provided in such notice. In the event this Agreement is so terminated, the MPO shall pay Planning only for services actually performed by Planning up to and including the date notice was received by the noticed party. 2.04 The parties hereto agree that funds from which payments, if any, under this Agreement shall be made originate from federal and state grant funds, and are subject to and contingent upon continued funding. In the event said funding is discontinued, the MPO shall provide Planning with thirty (30) days notice thereof, and Planning shall immediately discontinue all activities in progress pursuant to this Agreement. Parties acknowledge and agree that in no case shall total payments from the MPO under this Agreement exceed TWO HUNDRED ONE THOUSAND THREE HUNDRED EIGHT AND NO/100 DOLLARS ($201,308.00). The Parties further acknowledge and agree that no payment shall be due or be made that would cause or otherwise result in a violation of the terms and conditions of the underlying federal or state grants, or a violation by the MPO of any existing federal or state law. Professional Services Agreement — MPOILubbock Planning Page 2 of 9 ARTICLE III Independent Contractor 3.01 It is understood and agreed that Planning is to perform the Services in a sound and professional manner and exercising the degree of care, skill, and diligence in the performance of the Services as is exercised by a professional under similar circumstances, and Planning hereby warrants to the MPO that the Services shall be so performed. Further, Planning is and shall be considered at all times an independent contractor under this Agreement and/or in its service, hereunder. During the performance of the Services under this Agreement, Planning and Planning's employees will not be considered, for any purpose, employees or agents of the MPO within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules, or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury, or taxes of any kind. ARTICLE IV Events of Default/Remedies 4.01 MPO's Defaults/Planning's Remedies. In the event the MPO shall default in the performance of any term or provision of this Agreement for any reason other than failure by Planning to perform hereunder, Planning may, if said default shall be continuing after five (5) days notice of such default is deemed received by the MPO, exercise any right or remedy available to it by law, contract, equity, or otherwise. Planning's Defaults/MPO's Remedies. In the event Planning shall default in the performance of any term or provision of this Agreement for any reason other than failure by the MPO to perform hereunder, the MPO may, if said default shall be continuing after five (5) days notice of such default is deemed received by Planning, exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, specific performance and/or the right Professional Services Agreement — MPO/Lubbock Planning Page 3 of 9 to terminate this Agreement without additional notice. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. ARTICLE V Miscellaneous 5.01 Planning shall comply with all laws, statutes, regulations, ordinances, rules, and any other legal requirement related to, in any way, manner or form, the performance of the Services contemplated herein. 5.02 Any notice required by this Agreement shall be deemed to be properly served, if (i) provided in person; or (ii) deposited in the United States mail by certified letter, return receipt requested, addressed to the recipient at recipient's address shown below, subject to the right of either party to designate a different address by notice given in the manner just described. Notice shall be deemed to be received when delivered if provided in person or, if deposited in the United States mail, as set forth above, three (3) days after depositing such notice in the United States mail, as set forth above. For MPO: H. David Jones Transportation Planning Director Lubbock Metropolitan Planning Organization 916 Main Street, Suite 706 Lubbock, Texas 79401 Facsimile: (806) 775-1675 wr copy to: City Attorney P.Q. Box 2000 Lubbock, Texas 79457 Facsimile: (806) 775-3307 Professional Services Agreement — MPO/Lubbock Planning Page 4 of 9 For Planning: Randy Henson Director of Planning City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Facsimile: (806) 775-3307 W/ copy to: Rob Allison Assistant City Manager for Development Services City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 5.03 THIS AGREEMENT IS TO BE CONSTRUED UNDER TEXAS LAW WITHOUT REGARD TO CONFLICT OF LAW RULES THAT WOULD DIRECT APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. THE OBLIGATIONS OF THE PARTIES CREATED BY THIS AGREEMENT ARE PERFORMABLE, AT LEAST IN PART, IN LUBBOCK COUNTY, TEXAS. VENUE FOR ANY ACTION BROUGHT PURSUANT TO THIS AGREEMENT, OR ACTIVITY CONTEMPLATED HEREBY, SHALL EXCLUSIVELY BE IN LUBBOCK COUNTY, TEXAS. 5.04 This Agreement represents the entire and sole agreement between the MPO and Planning with respect to the subject matter hereof and supersedes any and all prior negotiations, understandings, representations or other agreements, whether written or oral. This Agreement may not be modified or amended except in writing and duly executed by each party hereto. 5.05 Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between Planning and the MPO. 5.06 If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary to render it valid and enforceable so long as said modification is reasonably within the intent the parties as originally expressed. In the event such provision may not be so modified, the unenforceability or invalidity of any provision shall not Professional Services Agreement— MPO/Lubbock Planning Page 5 of 9 affect any other provision of this Agreement, and this Agreement shall continue in force and effect as if such provision had not been included in this Agreement. 5.07 Any geographic data sets created by Planning become, and shall remain, the property of the City of Lubbock with copies of such data freely available to the MPO at any time. Any other documents, drawings and data prepared by Planning as part of the Services hereunder, shall become the property of the MPO when Planning has been compensated as set forth in Section 2.0 1, above. 5.08 A waiver by either MPO or Planning of a breach of this Agreement must be in writing to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. 5.09 Neither MPO nor Planning may assign this Agreement, in whole or in part, without the written consent of such assignment by the non -assigning party. MPO and Planning each bind itself or himself, their legal representatives and permitted assigns in respect to all provisions of this. Agreement. 5.10 Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than MPO and Planning. 5.11 Each party represents and warrants to the other that it has taken all actions necessary to authorize the party executing this Agreement to bind, in all respects, the authorizing party to all terms and provisions of this Agreement, and that such signatory possesses authority to execute this Agreement and bind the authorizing party hereto. Professional Services Agreement— MPO/Lubbock Planning Page 6 of 9 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date first written above. METROPOLITAN PLANNING ORGANIZATION John ikonard, III, Chair Transportation Policy Committee ATTEST: CITY OF LUBBOCK Tom Martin Mayor ATTEST: 4V,'/ji( hz-7�- Tera Davis, MPO Secretary Reb�-fyecca Garza, City bec%e4ta� AS TO CONTENT: H. David Jones ' Transportation Planning Director AS TO FORM: MARV��/ lir.; li r rig►Assistant City Attorney S CSSY� Randy Henson Director of Planning Assistant City Attorney Professional Services Agreement— MPO/Lubbock Planning Page 7 of 9 Resolution No. 2009—RO508 Exhibit "A" Scope of Services The following items shall be included in the scope of services to be rendered by Planning pursuant to this Agreement, hereinafter referred to as "Project". It is understood and agreed that unless this Agreement is extended by Parties, mutually and in writing, no activity or compensation therefore shall be made after September 30, 2010, and that the Project shall be completed in full before said date except as otherwise provided for in this Scope of Services. The stated purpose of this project is to enhance the ongoing update of the City of Lubbock Land Use Data Files in order to be able to provide more accurate data input to the Texas Department of Transportation's (TxDOT'S) Travel Demand Model for forecasting future traffic volumes within the Transportation Analysis Zones (TAZ). This project will result in spatial and tabular datasets, including geographic and demographic information for areas inside the Metropolitan Area Boundary (MAB) and the Transportation Analysis Zones (TAZ). Products include: ■ Aerial photography to the extent of any City of Lubbock project boundaries. ■ Spatial and tabular data, including political and census boundaries, TAZ and Serial Zone and other special areas as needed. ■ Geocoded street centerline information for areas within the Transportation Analysis Zones (TAZ). The centerline segments will be maintained by 100 blocks to facilitate traffic modeling. • Flood plain data within the approved TAZ to the extent that such data is available from FEMA and other sources.. ■ Planning will enter current and available census data to Planning's GIS databases and make necessary preparations to receive and enter 2010 Census Data. ■ Planning will map bus routes and stops, bus shelters, major traffic generators and other transit improvements to facilitate Title VI compliancy when requested by the MPO and with the cooperation of Citibus. ■ Detailed parcel mapping and database information processed from Lubbock Central Appraisal records, plats, building permits, and other sources for the area within the Lubbock city limits. Planning will perform daily database maintenance and record maintenance to ensure accurate and comprehensive data in the City's land use database. ■ More general land use information will be collected for areas outside the city limits but within the Metropolitan Area Boundary (MAB) and Transportation Analysis Zones (TAZs). Planning will manage the Travel Demand Update data by Traffic Analysis Zones and will be able to produce studies including but not limited to: ■ Updated and geo-coded business names and locations • Revising statistical data by TAZ from multiple sources ■ Preparing the demographic chapter of the Lubbock Metropolitan Plan ■ Demographic information as requested by the LMPO Professional Services Agreement — MPOfLubbock Planning Page 8 01'9 ■ Updated geographic and political boundaries, including TAZ, for the Census Bureau. Planning will also assist the MPO in updating the Travel Demand Model, provide GIS assistance including map production and assistance in meeting Title VI and Environmental Justice requirements. This project will result in the production and delivery of orthorecitifed true color digital orthophotography and associated mapping productions and data for mapping and analyzing geographic and demographic information inside the Metropolitan Area Boundary (MAB) and the Transportation Analysis Zones (TAZ). Other products include updated contour information and other planmetric data that the Planning Department may receive through the City of Lubbock Digital Orthophotography Project 2010. At the conclusion of this Scope of Services, Planning will be able to produce a land use analysis, demographic characteristic analysis, and limited environmental analysis for areas within the Metropolitan Area Boundary (MAB) and the Transportation Analysis ,Zones (TAZ). The information available to the MPO may be collected from other sources and agencies (including Lubbock Central Appraisal District and Lubbock Emergency Communication District) in addition to being created by the Planning Department. Updated data created as part of the City of Lubbock Digital Orthophotography Project 2010, particularly digital orthophotography of the MPO area, will enhance transportation and land use planning and analysis. Planning will make any and all digital orthophotography, DEM/DTM, contour mapping, planimetric data and any other materials received as a result of the Digital Orthophotography Project 2010 available to the MPO upon request. All subtasks set out in this Scope of Services shall be complete on or before September 30, 2010 unless extended by the Technical Advisory Committee and approved in the following year's Unified Planning Work Program. This task and all associated sub -tasks are annual ongoing tasks. Performance progress shall be reported monthly to the Technical Advisory Committee by the Project Manager. Planning will be responsible for any and all research, investigation, and data recovery necessary to perform the described services. Planning will be responsible for any and all data interpretation, compilation and entry necessary to complete this project. Planning will be responsible for any survey necessary to perform the data collection, all coordination among the stakeholders, and any mobilization necessary to implement the services to be provided. G:1MPO Reports12009-2010 ContractsTianning Agreement Final 10-2009.doc Professional Services Agreement— MPO/Lubbock Planning Page 9 of 9