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HomeMy WebLinkAboutResolution - 2765 - Contract - RTKL Associates Inc - Revitalization Plan, CBD - 03/10/1988Resolution #2765 March 1.0, 1988 Item #.5-B 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 between the City of Lubbock and RTKL Associates, Inc., for professional consulting for the development of a revitalization plan for the Central Business District in the City of Lubbock, Lubbock County, Texas, 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 1.0th day of March 1988. ,)e'f- (! s . B. C. MCNINN, MAYOR ATTEST: to Boyd, City Secretary APPROVED AS TO CONTENT: Sandy O etr e, Community Development Administrator APPROVED AS TO FORM: James P. Brewster Civil Trial Attorney Resolution #2765 CONTRACT FOR PROFESSIONAL CONSULTING SERVICES FOR THE DEVELOPMENT OF A PLAN FOR THE CENTRAL BUSINESS DISTRICT This Agreement by and between the City of Lubbock (hereinafter referred to as City) and RTKL Associates, Inc., (hereinafter referred to as RTKL). WHEREAS, the City desires a study to be made of the Central Business District of the City of Lubbock and the development of a redevelopment plan for the defined area which includes all or a part of the downtown area, the Overton Neighborhood and the Broadway Avenue Corridor. WHEREAS, RTKL possesses the expertise for and desires to perform this study under the direction of John R. Gosling, ARIBA, AICP, Director of Planning, RTKL Associates, Inc., (RTKL). NOW, THEREFORE, the parties do mutually agree as follows: ARTICLE I STATEMENT OF WORK RTKL agrees to perform the study as set forth in the proposal dated February 12, 1988, attached hereto as APPENDIX I and made a part of this Agreement. The CONSULTANT will assist the City of Lubbock in preparing a project plan for a Central Business District redevelopment plan for downtown Lubbock. This project plan will include: Step 1 Study Area Analysis A) Project Orientation B) Study Area Site Analysis C). Economic and Demographic Update D) Review of Area Analysis Findings Step 2 Revitalization and Redevelopment Concepts A) Prepare Redevelopment Program Scenarios B) Preliminary Planning and Development Concepts C) Early Action or Demonstration Projects D) Implementation Strategies Step 3 Interim Reviews and Evaluations A) Community Workshops B) Interim Review 1 Step 4 Plan Refinement A) General Plan Refinement B) Final Plan Evaluation Step 5 Final Documentation A) Prepare illustrative plan drawings (at suitable scales) and text B) Edit the final series of technical memorandum that summarize the site and market analysis, planning concepts, feasibility assessment, and implementation strategies. C) Prepare Final Report. RTKL will generate technical memorandums, statistical charts, analysis drawings, plans and character sketches as indicated in Appendix I and in conjunction with each task and subtask of the project. Project meetings not to exceed a total of six will be held to serve as project update and input sessions between RTKL and the City staff. Presentations and worksessions with the project steering committee, the public and other interested parties will be held as necessary, not to exceed three. The City of Lubbock will furnish staff assistance and day-to-day liaison, as well as making available all lease maps, property ownerships, and other demographic, survey, and engineering data pertinent to the study. ARTICLE II PERIOD OF PERFORMANCE The period of performance for this Agreement shall begin upon delivery to RTKL an executed copy of this Agreement and shall, absent causes beyond the control of RTKL, be completed by October 1, 1988. Extension of this date may be granted by the City of Lubbock if requested by RTKL and deemed appropriate by the City. ARTICLE III DELIVERY RTKL shall prepare a written report clearly stating the results of the work set forth in APPENDIX I, and shall provide fifty black and white copies of such report to City. RTKL shall also provide five 2 8z" X 11" "project notebooks" which include key drawings and memorandum which serve as a record of the planning process. RTKL shall make a verbal and visual presentation of all completed work to the City. Such presentation shall include preliminary presentation to the City Manager and his staff followed by a presentation to the Central Business District Steering Committee and to the City Council of the City of Lubbock. Such presentation shall be made at times agreed upon between RTKL and the City staff. RTKL shall prepare monthly written progress reports for staff presentation to the Central Business District Steering Committee, the City Council, and any other interested parties as determined by the City staff. ARTICLE IV CONSIDERATION AND PAYMENT For and in consideration of the services to be performed by RTKL under this Agreement, the City shall pay to RTKL for actual costs, based on the following: Step I Study Area Analysis Tasks $20,000 Step II Revitalization and Redevelopment Concepts Task $25,000 Step III-IV Interim Reviews and Plan Refinement $15,000 Step V Documentation of Final Recommendations $15,000* TOTAL ESTIMATED FEES: $75,000 Reimbursable expenses for reproductions, travel, long distance telephone calls, computer time, and other direct expenses are billed at a rate of 1.1 times direct costs. Work considered an additional service on a requested basis by the client will be billed hourly at a rate of 2.75 times Direct Personnel Expense. * The fee estimate for Step V: Final documentation, assumes black and white reproduction. RTKL's maximum fee for this study under this Agreement is $75,000. Request for payment shall be made monthly, and shall include a detailed invoice outlining the percentage of each task completed and actual out-of-pocket expenses. Such payments less a 10% retainage 3 shall be made by the City within thirty (30) days after receipt of said invoice. Upon satisfactory completion of the work and the acceptance of the work by the City, the 10% retainage will be paid to RTKL. Total billings for services rendered under this Agreement will not exceed the sum of $75,000 without express written consent by the City. ARTICLE V INDEMNIFICATION The City and RTKL are independent entities, and neither is the agent of the other under this Agreement. The City shall not be subject to any obligations or liabilities of RTKL incurred in the performance of this Contract. RTKL expressly agrees to indemnify and hold harmless the City for any and all liabilities and obligations incurred in connection with this Agreement due to the negligence of RTKL, its employees, officers, agents or appointees. ARTICLE VI TERMINATION OF AGREEMENT FOR CAUSE A. If, through any cause, RTKL shall fail to fulfill in a timely and proper manner its obligations under this Agreement or if RTKL shall violate any of the covenants, agreements, or stipulations of this Agreement, City shall thereupon have the right to terminate this Agreement by giving written notice to RTKL of such termination and specifying the effective date thereof, which must be at least fourteen (14) days after RTKL's receipt of said notice. In the event City terminates this Agreement for cause, all finished or unfinished documents, data, studies, maps, drawings, graphics and reports prepared by RTKL under this Agreement shall, at the option of the City, become the property of the City, and RTKL shall be entitled to receive just compensation for any satisfactory work completed on such documents. The City may use such documents and materials for any purpose. B. Notwithstanding the right of the City to terminate this Agreement for Cause, RTKL shall not be relieved of liability to City 4 for damages sustained by City by virtue of any breach of contract by 1*14040 ARTICLE VII OWNERSHIP OF DOCUMENTS Except as provided in Article VI of this Agreement all maps, drawings, and graphics prepared by RTKL shall remain the property of RTKL. RTKL shall provide the City with copies of all maps, drawings, graphics, and reports prepared by RTKL under the terms of this Agreement without further compensation by City than the compensation herein stated. Such documents may be used by the City for any purpose which it deems desirable. ARTICLE VIII CONSULTANT'S ASSURANCES A. RTKL shall comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60). RTKL agrees not to discriminate against any employee or applicant for employment because of race, creed, color, sex, or national origin. RTKL agrees not to violate any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975. RTKL will conduct its activities in accordance with the requirements of Section 504 of the Rehabilitation Act of 1973 and will assure that no qualified handicapped person shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination, including discrimination in employment, under any activity of the RTKL. B. RTKL agrees to conduct the performance of this Agreement in compliance with any and all Federal, State and Local laws and regulations regarding hours, wages, and conditions of employment affecting the services covered by this Agreement. RTKL shall pay the contributions measured by wages of its employees as requested by the Federal Unemployment Tax Act, the Federal Insurance Contribution Act, and any other payroll tax. C. The City of Lubbock, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, or 9 any of their duly authorized representatives, shall have access to any books, documents, papers and records of RTKL which are directly pertinent to this contract for the purpose of making audit, examination, excerpts and transcriptions. Such records shall be maintained by RTKL for a period of three years after City makes final payment and all other pending matters are closed. ARTICLE IX GENERAL CONDITIONS A. For the purpose of determining the place of the contract, it is agreed that this Agreement is entered into in the City and County of Lubbock, Texas, and all services to be performed under this Agreement shall be deemed to be performed in the City and County of Lubbock, Texas. B. It is expressly understood by RTKL that this contract may be funded in whole or in part by the City's Community Development Block Grant program, and as such, the activities undertaken must comply with all of the rules and regulations established by said program. C. Successors and Assigns. The City and RTKL each binds itself and its successors and assigns to the other party of this Agreement and to the successors and assigns of such other party, in respect to all covenants of this Agreement. Except as provided above, neither City nor RTKL shall assign, or transfer its interest in this Agreement without the written consent of the other. D. This Contract constitutes and expresses the entire agreement between the parties and shall not be amended or modified except by written instrument signed by both parties. ARTICLE X EXTRA WORK If requested and authorized in writing by the City of Lubbock, RTKL will be available to furnish, or obtain from others, extra work in conjunction with the Central Business District Redevelopment Plan. The costs shall be mutually agreed upon at rates described in Article IV. C ARTICLE XI Subcontractors RTKL may utilize the services of subcontractors as outlined in Appendix A. The joint venture of RTKL, DFW Research, Barton Aschman Associates, Inc. and Hugo Reed & Associates has been proposed. Any other subcontractors or participating consultant in the project must be submitted to and approved by the City of Lubbock. This Agreement is executed this 10th day of March , 1988, on behalf of RTKL by its and on behalf of City by its Mayor, both of whom are thereunto duly authorized. CITY OF LUBBOCK A C BY: X/ C. w " B. C. MCMINN, MAYOR ATTEST: - Ranet'te Boyd, ,City Secretary APPROVED.AS'_TO CONTENT: �'. /D- 4 Z rA - � Sandy Ogfletred, Community Development Administrator APPROVED AS TOO�FORM: /1-)/ L/ ./-? _ _, Ones P. Brewster ivil Trial Attorney 7 RTKL ASSOCIATES, INC. BY • A&Wool.�� ATTEST: