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HomeMy WebLinkAboutResolution - 6061 - Contract - Carter & Burgess Inc.- Canyon Lakes Feasibility Study - 10/08/1998Resolution No. 6061 Item No. 69 October 8. 1998 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 a Canyon Lakes Feasibility Study, by and between the City of Lubbock and Carter & Burgess, Inc., 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 day of ATTEST: Ka Darnell Ci S retary Z APPROVED AS TO CONTENT: Tommy G41zalez Director of Civic Services APPROVED AS TO FORM: 1998. William de Haas Competition and Contracts Manager/Attorney Ccdocs/Canyonlakesfeasilibitystudy.Res October 8, 1998 Resolution No. 6061 Item No. 69 October 8, 1998 Canyon Lakes Feasibility Study Contract STATE OF TEXAS COUNTY OF LUBBOCK This contract, (the "Contract'), effective as of October 8, 1998, (the "Effective Date'), is by and between the City of Lubbock, (the "City"), a Texas Home Rule Municipal Corporation, and Carter & Burgess, Inc., a Texas Corporation, with its principal office located at 3880 Hulen Street, Fort Worth, Tarrant County, Texas (the "Contractor"). WITNESSETH WHEREAS, the City requires that a feasibility study be conducted which addresses the design issues of a future park and commercial sites; recreational facilities; private development venues; continuous navigable watercourses; bridge locations and architectural theming; lakes and darns; and opportunities for hiking trails in the Canyon Lake area of Lubbock; and WHEREAS, the Contractor is a qualified professional experienced and capable of performing the feasibility study; and WHEREAS, the City desires to contract with Contractor to perform the feasibility study. NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Contract, the City and Contractor hereby agree as follows: ARTICLE I TERM The term of this Contract commences on the Effective Date and continues without interruption for a term of six (6) months from and after the Effective Date. The term may be extended for one (1) additional three- (3) month term with the written consent of both parties. ARTICLE II COMPENSATION City shall pay Contractor according to the schedule set forth in Exhibit A, attached hereto. Canyon Lake Feasibility Study, City of Lubbock and Carter & Burgess, Inc. Page 1 ARTICLE III TERNIINATION A. General. City may terminate this Contract, for any reason, upon ten- (10) days written notice to Contractor. In the event the Contract is terminated, the Contractor shall be compensated for all work performed up to termination date. B. Remedies. In the event the Contractor breaches any term and/or provision of this Contract the City shall be entitled to exercise any right or remedy available to it at law or equity, including without limitation, immediate termination of this Contract and assertion of action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any other right or remedy and all other rights and remedies shall be cumulative. ARTICLE IV REPRESENTATIONS AND WARRANTIES A. Existence. Contractor is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. Contractor has the corporate power to enter into and perform this Contract and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Contract and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of the Contractor. This Contract constitutes legal, valid, and binding obligations of the Contractor and is enforceable in accordance with the terms thereof. D. Contractor. Contractor maintains a professional staff and employs, as needed, other qualified specialists experienced in landscape architectural, planning, engineering and architectural design services, and are familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the activities contemplated hereby. E. Performance. Contractor will and shall conduct all activities contemplated by this Contract in a good and workmanlike manner, and comply with all laws, rules, and regulations, both state and federal, relating to landscape architectural, planning, engineering and architectural design services, as contemplated hereby. If any of the activities of the Contractor, or omissions of the activities required herein, shall cause, in whole or in part, liability or loss on the part of the City, it shall be deemed that the Contractor did not perform said activities (or omitted the performance of said activities) in a good and workmanlike manner. Canyon Lake Feasibility Study, City of Lubbock and Carter & Burgess, Inc. Page 2 ARTICLE V SCOPE OF SERVICES A General. Contractor shall provide professional landscape architectural, planning, engineering and architectural design services for preparing the Canyon Lakes Feasibility Study for the City of Lubbock. B Project Description. Contractor shall develop concepts which address the overall feasibility of the following design issues: future park and commercial sites; recreational facilities; potential private development venues; continuous navigable water courses; bridge locations and architectural themes; lakes and dams; and opportunities for trail development. C. Tasks. Contractor shall accomplish the tasks specified in Exhibit B, attached hereto. D. Schedule. Contractor shall accomplish the tasks according to the schedule specified in Exhibit C, attached hereto. ARTICLE VI INSURANCE A. General. Contractor shall procure and carry, at its sole cost and expense through the life of this Contract insurance protection hereinafter specified, in form and substance satisfactory to the City. City must approve all policies prior to the commencement of any activities whether performed by the Contractor, subcontractor, agents, or third parties. The insurance carrier must be an insurance company authorized to transact business in the State of Texas and have a Best's Financial rating of A:VII. A Certificate of Insurance specifying each and all coverage shall be submitted to City prior to the execution of this Contract. All insurance shall be prepared and executed by the insurance company or it's authorized agents and shall contain an endorsement naming the City of Lubbock an additional insured. Written notice of cancellation or any material change will be provided thirty (30) days in advance of cancellation or change. All insurance, other than Workers' Compensation, shall provide a waiver of subrogation in favor of the City of Lubbock, and shall contain cross liability and severability clauses. B. Required Coverage. Contractor shall obtain and maintain policies of insurance throughout the Contract term in limits specified below. 1. Worker's Compensation. The Contractor shall maintain Workers' Compensation and Employer's Liability insurance coverage as required by statute or coverage approved by the City Risk Management Coordinator. 2. Commercial General Liability. The Contractor shall maintain Commercial General Liability coverage endorsed to include premises/operations, contractual liability, and independent contractors' and completed operations. The policy shall have a minimum of One Million and no/100 Dollars ($1,000,000) combined single limit in the aggregate and per occurrence. Canyon Lake Feasibility Study, City of Lubbock and Carter & Burgess, Inc. Page 3 3. Commercial Automobile Liability. The Contractor shall maintain Commercial Automobile Liability coverage with a minimum of One Million and no/100 Dollars ($1,000,000) combined single for Bodily Injury and Property Damage and shall include any auto or in the alternative, owned autos, non -owned autos and hired autos. 4. Professional Liability Insurance. The Contractor shall maintain Professional Liability Insurance coverage with a minimum of One Million and no/100 Dollars ($1,000,000) combined single limit in the aggregate and per occurrence. 5. Umbrella Liability Insurance. The Contractor shall maintain Umbrella Liability Insurance coverage in the amount of One Million and no/100 Dollars ($1,000,000) with coverage corresponding to the Commercial General Liability, Commercial Automobile Liability and Professional Liability policies. C. Subcontractors. The Contractor shall require each subcontractor with whom it contracts to provide activities as contemplated by this Contract, to obtain proof of insurance coverage as set forth herein, and to provide to Contractor, prior to such person performing any such activities, a Certificate of Insurance establishing such coverage. ARTICLE VII INDEPENDENT CONTRACTOR STATUS Contractor and City agree that Contractor shall perform the duties under this Contract as an independent contractor. The Contractor has the sole discretion to determine the manner in which the services are to be performed. ARTICLE VIII CONFIDENTIALITY Contractor shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. ARTICLE IX INDEMNITY City of Lubbock shall not be liable or responsible for, and shall be saved and held harmless by Contractor from and against any and all suits, actions, losses, damages, claims, or liability of any character, type, or description, including all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly, error, omission, or negligent act of Contractor under this agreement. Canyon Lake Feasibility Study, City of Lubbock and Carter & Burgess, Inc. Page 4 Contractor shall indemnify and hold harmless the City of Lubbock, its officers, and employees from all claims, demands, and causes of action of every kind and character arising from the personal injury or death of the Contractor or the employees of the Contractor or the employees of the Contractor caused by or alleged to be caused, arising out of, or alleged to arise out of, either directly or indirectly or in connection with this Contract or the activities to be performed hereunder, caused by the sole negligence of the Contractor. The City of Lubbock and Contractor shall each bear their own costs, expenses and liability from the personal injury or death of the Contractor or the employees of Contractor caused by or alleged to be caused, arising out, or alleged to arise out of either directly or indirectly or in connection with the Contract or the activities to be performed hereunder, where such claims, demands or causes of action are caused by concurrent negligence of the City of Lubbock and the Contractor, or where such claims, demands or causes of action are caused by concurrent negligence of the City of Lubbock and some other third party. ARTICLE X COMPLIANCE WITH APPLICABLE LAWS Contractor shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Contract, and any amendments thereto. ARTICLE XI NOTICE A. General. Whenever notice from contractor to City or City to Contractor is required or permitted by this Contract and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand, (2) facsimile, or other reasonable means (in which case such notice shall be effective upon delivery), or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. Contractor's Address. Contractor's address and numbers for the purposes of notice are: Attn: Phillip Neely, ASLA 7950 Ehnbrook Drive, Suite 250 Dallas, Texas 75247 Telephone: (214) 638-0145 Facsimile: (214) 638-0447 Canyon Lake Feasibility Study, City of Lubbock and Carter & Burgess, Inc. Page 5 C. City's Address. The City's address and numbers for the purposes of notice are: City of Lubbock Attn: Rusty Black P. O. Box 2000 1625 13th Street Lubbock, Texas 79457 Telephone: (806) 775-2671 Facsimile: (806) 775-2686 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party, referring specifically to this Contract, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XII MISCELLANEOUS A. Captions. The captions for the articles and sections in this Conti -act are inserted in this Contract strictly for the parties' convenience in identifying the provisions to this Contract and shall not be given any effect in construing this Contract. B. Audit. Contractor shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, Contractor's books and records with respect to this Contract between the Contractor and City. C. Records. Contractor shall maintain records that are necessary to substantiate the services provided by the Contractor. D. Assignability. Contractor may not assign this Contract without the prior written approval of the City. E. Successor and Assigns. This Contract binds and inures to the benefit of the City, Contractor, and their respective successors, legal representatives, and assigns. F. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. Canyon Lake Feasibility Study, City of Lubbock and Carter & Burgess, Inc. Page 6 G. Severability. If any provision of this Contract is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstances, the remainder of this Contract and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Contract shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Contract, and duly executed by the Contractor and City. I. Entire Agreement. This Contract, including Exhibit A, B and C hereto, contains the Entire Contract between the City and Contractor, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK ATTEST: V�J Kaytfieparnell City Sedretary APPROVED AS TO CONTENT: Tommy Q&zalez Director of Civic Services APPROVED AS TO FORM: CARTER & BURGESSJNC. ��- j Vice President William de Haas Competition and Contracts Manager Canyon Lake Feasibility Study, City of Lubbock and Carter & Burgess, Inc. Page 7 EXHIBIT A COMPENSATION TASK 1 - INVENTORY & ANALYSIS A. Data Collection...............................................................................................$2,000 B. Preparation of Base Map................................................................................$7,640 C. Site Analysis................................................................................................$14,760 D. Research Regulations, Policies, and Guidelines ............................................$5,760 Task 1 $30,160 TASK 2 - VISIONING AND CONCEPT DEVELOPMENT A. Visioning Session with Client........................................................................$4,160 B. Concept Plan Development...........................................................................$30,720 C. Preliminary Hydraulic Modeling.................................................................$11,880 D. Presentation of Concept Studies.....................................................................$9,160 Task 2 $55,920 TASK 3 - FINAL MASTER PLAN A. Preparation of Final Master Plan .................................................................$11,020 B. Final Report ....................................................................................................$8,640 C. Final Presentation...........................................................................................$1,040 Task 3 $20,700 SUBTOTAL OF TASK 1, 2,3 $106,780 Canyon Lake Feasibility Study, City of Lubbock and Carter & Burgess, Inc. Page 8 Reimbursable Expenses (Not-to-Exceed)...................................................................$7,700 (Includes all reproduction, plotting, photography, aerial maps and/or photographs, materials, travel/air, travel/mileage, rental car, meals, lodging, postage, fax & delivery expenses incurred during the project) TOTAL FEE Canyon Lake Feasibility Study, City of Lubbock and Carter & Burgess, Inc. Page 9 $114,480 EXHIBIT B TASK 1 - INVENTORY & ANALYSIS A. DATA COLLECTION Contractor will obtain available existing information from the City of Lubbock relating to the Canyon Lakes System. This information is intended to be utilized in preparation of a computer-generated base map. The natural resources information may include topography, soils, vegetation, climate, lakes, and wildlife. The man- made built resources information may include roadways, bridges, structures, parking, utilities, park amenities and historical elements within the canyon. The City will also provide all available information on previous hydrology information and studies for the lakes and bridges within the Canyon Lakes Study Area, adjacent properties and information that the City will obtain from other agencies (i.e., TxDOT, etc.). Utilizing the available information from the City, Contractor will prepare a base map for the Canyon Lakes Study Area. The base map will be formatted digitally using Intergraph Micro -station at a scale appropriate to the level of detail of the study and mutually agreed upon by the City and Contractor. C. SITE ANALYSIS 1. Key members of the design team will examine the existing site conditions of the Canyon Lakes Study Area with client representatives. This group will inventory and evaluate the area in terms of its natural character and function, existing development, drainage/lake features, vehicular circulation, pedestrian circulation, adjacent land uses and potential for development. The site analysis will be documented as necessary for use in design and public presentations. This documentation may include photographs, video, plans, sketches or perspective drawings. 2. Based upon the site analysis, Contractor will prepare a Site Analysis Exhibit documenting the primary opportunities and constraints of the existing Canyon Lakes Study Area. D. RESEARCH REGULATIONS, POLICIES, AND GUIDELINES 1. Contractor and PSC will review applicable local, state and federal guidelines, requirements and laws concerning permitting and/or mitigation measures that might be required by future development phases identified by the program. 2. The City of Lubbock will assist Contractor and PSC with this effort by participating in meetings with regulatory agencies in order to understand Canyon Lake Feasibility Study, City of Lubbock and Carter & Burgess, Inc. Page 10 potential permitting required for items such as floodplain development, impoundment structures, bridge crossings, wildlife management, etc. TASK 2 - VISIONING AND CONCEPT DEVELOPMENT A. VISIONING SESSION WITH CLIENT While in Lubbock during the site analysis, Contractor shall conduct one meeting and/or interviews with a limited number of key City leaders, Convention & Tourism Bureau representatives, Park Board members, City Council members and other City staff members regarding the Canyon Lakes history and previous development concepts. The purpose of the meeting will be to develop goals, objectives and development opportunities for the Canyon Lakes Study Area. In addition, this session will be used to develop an overall Vision Statement for the Canyon Lakes Master Plan & Feasibility Study. B. CONCEPT PLAN DEVELOPMENT 1. Based upon the project goals and the overall Vision Statement, Contractor will prepare preliminary concept studies for the Canyon Lakes Study Area, including the following: a. Development of new lakes and dams to accommodate navigable water recreation opportunities. b. Establishment of desired bridge locations and themes for architectural treatment of bridges. Evaluate engineering parameters for future bridges to determine feasibility of bridge lengths, elevations, structural requirements, and clearances required to provide for grade - separated crossings. C. Evaluation of areas for potential private commercial development at critical nodes along the Canyon Lakes corridor. Study of land use potential based upon traffic/circulation, adjacent land uses, relationship to water/lakes, pedestrian access, overall visibility, and existing and proposed zoning issues. d. Evaluation of locations for future park and recreation facilities including passive activities associated with water recreation, trails, picnic facilities, shelters, fishing, camping and sightseeing. Studies will also include incorporating the existing uses such as the Windmill Museum and Prairie Dog Town. e. Study of the circulation systems, including both vehicular and pedestrian users, existing roadways and bridge crossings, as well as Canyon Lake Feasibility Study, City of Lubbock and Carter & Burgess, Inc. Page 11 possible closure and/or realignment of roadways. Preparation of conceptual layout of possible hike/bike/walk trails, as well as possible extensions of equestrian trails to the South Plains Fairgrounds. C. PRELIMINARY HYDRAULIC MODELING 1. In order to verify the feasibility of the proposed Concept Plan studies, PSC will perform preliminary hydraulic modeling of the proposed lakes, dams, and bridge locations. The intent of this phase of engineering will be to establish the general design parameters for the watershed management, lakes, streams, dams, and bridges within the Canyon Lakes Study Area. 2. Contractor and PSC will contact water regulatory agencies to confirm permitting requirements that may be necessary in the future for final design and construction of the lakes, streams, dams, and bridges. D. PRESENTATION OF CONCEPT STUDIES Contractor will conduct one meeting with client representatives to present the Concept Studies for the Canyon Lakes Study Area. The purpose of the meeting is to discuss the alternatives with respect to the goals and objectives, as well as the overall vision for developing the Canyon Lakes Corridor and the key issues associated with the proposed lakes, streams, darns, bridges, park amenities, road crossings, trails and architectural theme for the project. TASK 3 - FINAL MASTER PLAN A. PREPARATION OF FINAL MASTER PLAN 1. Based upon client input and priorities, Contractor shall prepare a Final Master Plan exhibit(s) depicting the desired conceptual development of the Canyon Lakes Study Area. Graphics may include plans, sections, and sketches or perspective drawings to communicate the overall vision for the Master Plan recommendations. 2. Contractor shall prepare Statement of Probable Costs based upon the Canyon Lakes Master Plan recommendations. These cost projections will allow the City of Lubbock to prioritize budgets and future funding for phased implementation of the Master Plan. 3. Contractor shall submit the Final Master Plan graphics and Statement of Probable Costs to City of Lubbock for final review and comments. Canyon Lake Feasibility Study, City of Lubbock and Carter & Burgess, Inc. Page 12 B. FINAL REPORT 1. Based upon the final review comments from the City, Contractor shall prepare an Executive Summary with graphic illustrations and cost projections for the proposed development for the Canyon Lakes Master Plan and Feasibility Study. The Executive Summary will include a brief narrative of the project goals, design process, and overall vision for future development. 2. Contractor shall provide twenty-five (25) copies of the Canyon Lakes Master Plan & Feasibility Study Executive Summary to the City. Contractor shall also provide the report text on a 3.5 inch floppy disk in Microsoft Word. 3. Contractor shall complete the Canyon Lakes Feasibility Study no later than sixteen (16) weeks from the notice to proceed. C. FINAL PRESENTATION 1. Contractor shall assist City staff with a final presentation of the Canyon Lakes Master Plan & Feasibility Study to the Lubbock Park Board and Lubbock City Council. It is anticipated that this meeting will occur in a joint session meeting or separate meeting on the same day. EXCLUSIONS A. Should the scope of work change to include site surveying or boundary work the scope of work will be amended to reflect this change. B. The City of Lubbock will provide all available existing information relating to the Canyon Lakes Study Area including survey maps, plats, boundary exhibits, utility exhibits, topography maps, aerial photographs, etc., to be utilized in preparing the study area base map(s). The City will provide this information in digital format as available, and hard copy maps for all other information. It is important that the City provide this information in a timely manner to keep the project on schedule. C. It is assumed that this feasibility study will not involve a Task Force Committee or Public Meetings during the design process. The meetings as described in this proposal will involve city staff members, park board members, and City Council members at key presentations to provide input on the design concepts and feasibility study. Should the scope of work change to include additional meetings with a Task Force Committee or Public Meetings, this scope of work will need to be increased to cover the requested meetings by the City. D. This scope of work only includes general hydrology evaluations to determine the feasibility of developing new lakes, dams, and bridges within the Canyon Lakes Canyon Lake Feasibility Study, City of Lubbock and Carter & Burgess, Inc. Page 13 Master Plan. No detailed engineering calculations, hydraulic studies, lake designs, dam designs, bridge designs or other detailed engineering will be performed within this scope of work. D. This scope of work includes researching required permitting and regulatory agencies that will be involved in the process of future development of the Canyon Lakes Master Plan. No environmental engineering services, Environmental Assessment (EA), or Environmental Impact Statement (EIS) will be prepared within this scope of work. E. No design development drawings, construction documents, specifications or regulatory permits will be prepared within this scope of work. Canyon Lake Feasibility Study, City of Lubbock and Carter & Burgess, Inc. Page 14 EXHIBIT C SCHEDULE Task 1 - Inventory & Analysis A. Data Collection Oct. 8 - Oct. 15 B. Preparation of Base Map Oct. 9 - Oct. 23 C. Site Analysis Oct. 26 - Oct. 30 D. Research Regulations, Policies, and Guidelines Oct. 1 - Oct. 30 Task 2 - Visioning and Concept Development A. Visioning Session with Client Oct. 26 - Oct. 30 B. Concept Plan Development Nov. 9 - Dec. 7 C. Preliminary Hydraulic Modeling Nov. 23 - Dec. 7 D. Presentation of Concept Studies Dec. 14 - Dec. 18 Task 3 - Final Master Plan A. Preparation of Final Master Plan Dec. 21 - Jan. 15 B. Final Report Jan. 18 - Feb. 5 C. Final Presentation Late Feb. 1999 Canyon Lake Feasibility Study, City of Lubbock and Carter & Burgess, Inc. Page 15