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HomeMy WebLinkAboutResolution - 6641 - Contract - Shrickel Rollins And Associates Inc.- Comprehensive RAMP, LAH - 12/16/1999Resolution No. 6641 Dec. 16, 1999 Item No. 28 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 Architect/Engineer Services for a Comprehensive Recreational Area Mast Plan for Lake Alan Henry, by and between the City of Lubbock and Shrickel, Rollins and Associates, Inc. of Arlington, Texas and related documents. 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 City Council. Passed by the City Council this 16th day of December , 1999. WINDY SIT N, M OR ATTEST: /6aw- &'6� ayt i Darnell, City Secretary APPROVED AS TO CONTENT: Victor KilmadJurchasing Manager APPROVED AS TO FORM: A�" �- ,/, P� illiam de Haas Competition and Contracts Manager/Attorney gs:ccdocs/A/E Services -Comprehensive Rec Plan.res December 7, 1999 Resolution No. 6641 Dec. 16, 1999 Item No. 28 THE STATE OF TEXAS § Professional Services Contract COUNTY OF LUBBOCK § Recreational Area Master Plan for Lake Alan Henry THIS CONTRACT is made and entered into this 16th day of December, 1999, by and between the City of Lubbock, Lubbock County, Texas, a municipal corporation, hereinafter called "City" and Schrickel, Rollins and Associates, Inc., hereinafter called "Consultant," whose address is 1161 Corporate Drive West, Suite 200, Arlington, Texas 76006. WITNESSETH: WHEREAS, City DESIRES PROFESSIONAL SERVICES RELATED TO THE PREPARATION OF The Recreational Area Master Plan for Lake Alan Henry. Said plan shall be formatted and contain information, plans and instruments which comply with the goals and needs of the CITY and the appropriate Texas Parks and Wildlife Department grant programs. WHEREAS, Consultant is qualified and capable of performing the professional services proposed herein and is willing to enter into this contract with City to perform said services; NOW THEREFORE, That in consideration of the terms and conditions contained herein the parties do mutually agree as follows: I. Employment of Consultant Consultant will perform as an independent contractor the services under this contract to the prevailing standards and consistent with the level of care and skill ordinarily exercised by members of the planning profession, both public and private, currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt, timely action. Consultant represents that he or she has special expertise in one or more areas to be utilized in this contract, and Consultant agrees to perform those services to the appropriate local professional planning standards. Consultant wi I l provide services as follows: The Consultant will provide the professional services as described in the Appendix attached hereto and made a part of this Contract. 773i n. Compensation Payment for services described herein for the project shall be in accordance with Appendix "A" and shall not exceed the sum of One hundred sixty nine thousand, Five hundred dollars ($169,500.00). Payments shall be made monthly. Nothing contained in this contract shall require City to pay for any work that is unsatisfactory as determined by City or which is not submitted in compliance with the terms of this contract. City will not be required to make payments to Consultant when Consultant is in default under this contract, nor shall this paragraph constitute a waiver of any right, at law or in equity, which City may have if Consultant is in default, including the right to bring legal action for damages or for specific performance of this contract. Waiver of any default under this contract shall not be deemed a waiver of any subsequent default. Additional services not identified above and requested by the City will be based on the hourly rate method of charges. III. Contract Termination Provision This contract may be terminated at any time by City for any cause by five (5) days notice in writing to Consultant. Upon receipt of such notice, Consultant shall immediately discontinue all services, and Consultant will immediately terminate placing orders or entering into contracts for supplies, assistance, facilities or material in connection with this contract and shall proceed to cancel promptly all existing contracts insofar as they are related to this contract. IV. Insurance A. Consultant shall, at his or her own expense, purchase, maintain and keep in force during the term of this contract such insurance as set forth below. Contractor shall not commence work under this contract until he has obtained all the insurance required under this contract and such insurance has been approved by City, nor shal I Contractor allow any subcontractor to commence work on his or her subcontract until all similar insurance of the subcontractor has been obtained and approved. All insurance policies provided under this contract shall be written on an "occurrence" basis. The insurance requirements shall remain in effect throughout the term of this contract. 1. Workers' Compensation and Employers' Liability Insurance: Statutory. Employers Liability policy limits of $100,000 for each accident, $500,000 policy limit - Disease. 2. Commercial General Liability Insurance, including Independent Contractor's Liability, Completed Operations and Contractual Liability, covering, but not limited to the indemnification provisions of this contract, fully insuring Contractor's liability for injury to or death of 7731 2 employees of City and third parties, extended to include personal injury liability coverage, and for damage to property of third parties, with a combined bodily injury and property damage minimum limit of $500,000 per occurrence. 3. Comprehensive Automobile and Truck Liability Insurance, covering owned, hired and non -owned vehicles, with a combined bodily injury and property damage limit of $500,000 per occurrence; or separate limits of $250,000 for bodily injury (per person), $500,000 bodily injury (per accident), and $100,000 for property damage. 4. Professional Liability Insurance: Engineer shall obtain and maintain at all times during the prosecution of the work under this Contract professional liability insurance. Limits of liability shall be $500,000 per occurrence. V. Ownership of Documents Drawings, specifications, and other documents or instruments of professional services prepared or assembled by the Consultant under this Contract shall become the sole property of City and shall be delivered to City, without restriction on future use. Consultant shall retain in its files copies of drawings, documents and instruments of professional services as well as all other pertinent information for the work. City shall have access to any and all information used in the plan, and there shall be no restriction on future use. VI. Conflict of Interest By signature of this Contract, Consultant acknowledges to City that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interests, direct or indirect, in property abutting the proposed project and business relationships with abutting property owners. Consultant further agrees that it will make disclosure in writing of any conflicts of interest which develop subsequent to the signing of this Contract and prior to final payment under the Contract. VII. Right to Audit Consultant agrees that City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this contract. City shall give Consultant reasonable advance notice of intended audits. »si 3 XIII. Successors and Assigns City and Consultant each binds themself and his or her successors, executors, administrators and assigns to the other party of this contract and to the successor, executors, administrators and assigns of such other party in respect to all covenants of this contract. Neither City nor Consultant shall assign or transfer its interest herein without the prior written consent of the other. IX. Severability If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, or conditions of this contract are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, or conditions of this contract shall remain in full force and effect and shall in no way be affected, impaired or invalidated. X. Independent Consultant Consultant covenants and agrees that he or she is an independent Consultant, and not an officer, agent, servant or employee of City; that Consultant shall have exclusive control of and exclusive right to control the details of the work, performed hereunder, and all persons performing same, and shall be liable for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Consultant. XI. Entire Agreement This contract embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties relating to matters herein; and except as otherwise provided herein, cannot be modified without written agreement of the parties. XII. Applicable Law This contract is entered into subject to the Charter and existing ordinances of the City of Lubbock, Texas, and is subject to and is to be construed, governed, and enforced under applicable State of Texas and federal laws. 7731 4 X111. Default City reserves the right to terminate this contract immediately upon breach of any term or provision of this contract by Consultant; or, if at any time during the term of this contract, Consultant shall fail to commence the work in accordance with the provisions of this contract or fail to diligently provide services in an efficient, timely, and careful manner and in strict accordance with the provisions of this contract or fail to use an adequate number or quality of personnel or equipment to complete the work or fail to perform any of its obligations under this contract, then City shall have the right, if Consultant shall not cure any such default after thirty (30) days written notice thereof, to terminate this contract and complete the work in any manner it deems desirable, including engaging the services of other parties therefor. Any such act by City shall not be deemed a waiver of any other right or remedy of City. If after exercising any such remedy, the cost to City of the performance of the balance of the work is in excess of that part of the contract sum which has not theretofore been paid to Consultant hereunder, Consultant shall be liable for and shall reimburse City for such excess. XIV. Headings The headings of this contract are for the convenience of reference only and shall not affect in any manner any of the terms and conditions hereof. XV. Non -Waiver It is further agreed that one (1) or more instances of forbearance by City in the exercise of its rights herein shall in no way constitute a waiver thereof. XVI. Remedies No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but, each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this contract may be waived without consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this contract. XVII. No Third Party Beneficiary For purposes of this contract, including its intended operation and effect, the Parties (CITY and Consultant) specifically agree that: (1) the contract only affects matters/disputes between the parties to this contract and is in no way intended by the Parties to benefit or otherwise affect any third person or entity, notwithstanding the fact that such third person or entities may be in a contractual relationship with CITY or Consultant or both; and (2) the terms nsi 5 of this contract are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either CITY or Consultant. IN WITNESS WHEREOF, the parties enter into this contract on the date first written above. WITNESS: Schrickel,ollins and Associates, Inc. (ConsultaA „ j „ A L.�.1 Ginger -moi ST: Darnell, City Secretary Vice Presid�it Printed or Typed Title 75-1319504 Tax Identification No. CITY OF LUBBOCK, TEXAS (City) B. Windy Sitton Printed or Typed Name Mayor Printed or Typed Title APPROVED AS TO CONTENT: Director of Water Utilities APPROVED AS TO FORM: 773i 6 Resolution No. 6641 Dec. 16, 1999 Item No. 28 APPENDIX "A" DESCRIPTION OF SERVICES AND SCHEDULE OF COMPENSATION Professional Services Contract Recreational Area Master Plan for Lake Alan Henry 1. Topographic Mapping 2. Survey of Public Opinion 3. Market Study and Economic Analysis 4. Site Planning 5. Maintenance and Operations 6. Housing Feasibility 7. Master Plan Report 8. Schedule of Compensation 1. Topographic Mapping Scope: • Utilize existing mapping and aerial photography furnished by the City. • City to provide boundaries of site other than shoreline. • SRA to utilize City's existing 2 -foot contour interval map with planimetric overlay of recreational improvements added to site. • City to provide reproducible copies of all the above items or electronic digital files. Compensation: None required. 2. Survey of Public Opinion Scope of Scientific Survey • Telephone survey of randomly selected Lubbock rate payers with respondents proportional to populations of council seat sectors. • Computerized compilation and cross referencing of survey results. • Report and associated charts/graphs. • SRA role of active participation with City in design of questionnaire and presentation/interpretation of results. • Survey conducted by Raymond Turco and Associates. Compensation: Allowance of $12,000 to include basic fees plus reimbursable expenses for long-distance charges and for travel expenses for one two -person trip and two one-person trips (a total of three visits). 3. Market Study and Economic Analysis Scope: • The market study will measure the demand for facilities proposed at the lake, taking into account the competing 773i A-1 facilities within the 28 -county region. • The economic study will be applicable only to those facilities likely to be developed in the first five years, using figures from other comparable projects done by William L. Haralson and Associates. Compensation: An allowance of $15,000 including one visit for presentation. 4. Site Planning Scope: • Map study of the site prior to site visitation. • Site reconnaissance by a two -person landscape architect/civil engineer team. One day on site. • Development and presentation of Conceptual Master Plan, including review of field observations/notes. • Refinements and development of a general Master Plan of Development meeting the minimum requirement for TP&W grant submittals. The plan will be schematic. • Provision of general development costs. • Provision of a labeled line drawing of the general Master Plan. • All site planning services provided by SRA. Compensation: Stipulated sum of $32,000, to include basic services and travel expenses for two trips, one for presentation. 5. Maintenance and Operations Scope: • This M&O section will provide charts or graphics that outline projected annual operation and maintenance costs of program/facility implementation, including recommendations for maintenance staff and law- enforcement. • the M&O study will be applicable only to those programs 773i A -Z and facilities likely to be developed in the first five years. This will include a minimum of five and a maximum of seven facilities. • A cost analysis for initiation of the program, and operations and management of the facilities will be completed in order to help determine their feasibility. • In order to complete the analysis, visitations will be made to similar or comparable operations to gather information and evaluate performance. Once this information is gathered, an annual operational budget will be developed for the selected improvements. In the event there is no current operation of similar scope, the consultant will develop the start up, and the operational budget considerations without the benefit of looking at the strengths and weaknesses of other operations. The majority of these services will be provided by Melody Mitchell of Greenspace Management. Compensation: An allowance of $14,000 which includes reimbursable expenses. 6. Housing Feasibility Scope: • A market study will be performed by William L. Haralson and Associates to measure regional demand for housing proposed at Lake Alan Henry, taking into account competing similar facilities within the region, and experience with other developments across the state. • A report on the housing market study will be provided. This will comprise the first phase of the Housing Feasibility. If authorized and directed by the City, the second phase of services will proceed as follows. • A land use plan will be prepared by SRA which addresses the development of approximately 200 acres of the site for residential housing in (a) single- family uses, (b) multi -family uses and (c), combined (mixed) residential uses. 773i A-3 • A preliminary street and lot layout will be prepared. This is a conceptual plan vis 'a vis a preliminary plat. • Engineering feasibility will be performed to determine the needs for sanitary sewerage, waste water treatment, potable water treatment and distribution, and drainage. • An estimate of probable development costs will be prepared for the concept plan, utilizing local engineers/contractors familiar with local development requirements and local construction costs. • It is understood by the City and SRA, that SRA is preparing a conceptual physical layout of the development of land for residential housing. The layout may or may not be in compliance with existing or future zoning requirements, deed restrictions, etc. The City is responsible for legal issues that may be associated with the development of land for housing. • An economic analysis will determine a range of market values for the land and provide calculations and reasonable expectations for lease revenues. • A written summary will address recommended lot and unit sizes, an outline of development standards, and the marketing and economic analyses. Compensation: An allowance of $48,000 including per diem expenses. The portion of this allowance which will be used to complete the first phase of the Housing Feasibility will not exceed $22,000. 773i A-4 7. Master Plan Report Recreational Area Master Plan for Lake Alan Henry Includes: Attachment to the Lubbock Parks Plan for this Fifth Service Zone (in TP&W format required for grant applications) Executive Summary Scope: See following pages A-6 thru A-8 Compensation: Stipulated sum of $48,500 including expenses for three trips. 7731 A-5 City of Lubbock RECREATIONAL AREA MASTER PLAN for LAKE ALAN HENRY Scope "B" for 5 year period Table of Contents Proof of Adoption Acknowledgments Executive Summary Introduction Resolution No. 6641 Dec. 16, 1999 Item No. 28 Purpose of the Plan "Snapshot" and Brief History of Lake Alan Henry Service Zone Population and Demographics of the 28 county regional service zone Transportation Routes City of Lubbock's Role in Providing Recreational Facilities in this Service Zone (excerpts from City-wide master plan) Goals and Objectives Plan Development Process Survey • Methodology • Random Survey of Recreational Attitudes The Planning Process • Meetings • Staff Inventory of Recreational Facilities Existing Facilities within the 28 -county regional zone 773i A-6 Standards for Water-based Recreational Facilities Discussion of Related Standards and Local Surveys • TORP (Most recent edition) • Survey Results • Applicable standards of Corps of Engineers and River Authorities. Establishment of Standards for Lake Alan Henry Needs Assessment Methodology Comparison of Existing Sam Wahl facilities to Regional Water-based Recreational Facilities within Service Zone. Needs Assessment for Lake Alan Henry Capital Improvements Program Estimate of capital costs to develop proposed facilities for the first five years Funding sources Priorities Facilities Appendix Summary of Survey Results Graphics: Black & White Maps Existing Conditions in the 28 -county Service Zone (highways, roads, cities, regional parks and lakeside parks) Master Plan for the Sam Wahl Recreational Area Color Maos Existing Conditions, Lake Alan Henry and Sam Wahl Recreation Area including topography, 773i A-7 proposed conservation pool level, existing recreational facilities, roads, trails, dam, archeological landmarks, floodplain, etc. Site Analysis for the Sam Wahl Recreation Area. Tables and Information Tabulations of necessary information will be in simple table form. No charts, graphs, or other graphics will be included. Report will be provided to City of Lubbock as one set of camera ready text and graphics and an electronic file of all products in Microstation and Word. 773i A-8 8. Schedule of Compensation (Allowances, Stipulated sums and Reimbursable Expenses) City of Lubbock RECREATIONAL AREA MASTER PLAN for LAKE ALAN HENRY Topographic Mapping: Allowance, NTE ............................................... $0 Survey of Public Opinion: Allowance, NTE .......................................... $12,000 Market Study and Economic Analysis: Allowance, NTE ........................ $15,000 Site Planning: Stipulated sum.............................................................. $32,000 Maintenance and Operations: Allowance, NTE .................................... $14,000 Housing Feasibility: Allowance, NTE ................................................... $48,000 Master Plan Report: Stipulated sum ...................................................... $48,500 TOTALS: Allowances and Stipulated Sums, NTE $169,500 7731 A-9