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HomeMy WebLinkAboutResolution - 1490 - Contract - Groves & Associates Inc - Feasibility Study, River Walk Project - 09/22/1983RESOLUTION 1490 - 9/22/83 SEP SMH: js 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 Groves & Associates, Inc. for an engi- neering feasibility study for the River Walk Project, 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 Reso- lution as if fully copied herein in detail. Passed by the City Council this 22nd day of September , 1983. N -NR Y,9AYOR� ATTEST: Evelyn fga, Cit ary-Treasurer APPROVED AS TO CONTENT: 'Sandy g tree Community Development Coordinator APPROVED AS TO FORM: Susan M. Horton, Assistant City Attorney RESOLUTION 1490 - 9/22/83 cTgRl TREASURE SIR CONTRACT FOR PROFESSIONAL CONSULTING AND DESIGN SERVICE IN CONNECTION WITH THE CANYON LAKES RIVER WALK PROJECT This is an AGREEMENT by and between the CITY OF LUBBOCK, TEXAS, a municipal corporation, hereinafter called "CITY", and GROVES AND ASSOCIATES, INC. consulting engineers, of 8958 I H 10 West, San Antonio, Texas 78230, hereinafter called "CONSULTANT'. WITNESSETH: WHEREAS, CITY desires the development of an Engineering feasibility and study of the Civic Center Connection of the CANYON LAKES RIVER WALK PROJECT; and WHEREAS, CONSULTANT desires to undertake the performance of certain tasks necessary to the development of such Engineering feasibility study for such a project; NOW THEREFORE, the parties do mutually agree as follows: ARTICLE I EMPLOYMENT OF CONSULTANT CONSULTANT shall perform the professional consulting and design services in connection with the development of an Engineering feasibility study of the proposed development. CITY shall employ CONSULTANT to render such services and shall pay CONSULTANT the compensation for such services as stated in ARTICLE VI of this Agreement. ARTICLE II DEFINITION OF TERMS The following terms as used in this Agreement shall have the meaning as set forth hereafter: A. The CANYON LAKES RIVER WALK PROJECT is a proposed plannedg development of the Canyon Lakes Park system and adjacent areas designed to increase the public use of the Canyon Lakes Parks by creating attractive activity centers that would generate pedestrain traffic and draw people into the park area. B. The project area is the area identified as the'Civic Center Connection which extends from the Yellowhouse Canyon to the Civic Center, between Avenues H and M, in the City of Lubbock, Texas, and which is more specifically described by the shaded area on Exhibit "A" attached hereto and made a part of this Agreement by this reference. ARTICLE III CHARACTER AND EXTENT OF.SERVICES CONSULTANT shall perform the following services under the terms and'conditions hereinafter stated: ENGINEERING FEASIBILITY After receipt of written notification to proceed, CONSULTANT shall prepare a thorough Engineering Feasibility study of the project area for the purpose of evaluating the design and construction constraints which may be imposed on the construction of the project. These services shall be in sufficient detail to indicate the problems involved and alternative solutions available. Factors to be considered by CONSULTANT in conducting such survey and analysis shall include, but not be limited to, the following: 1. Utilities The evaluation of utilities will identify existing utilities, and modifications which will be required to accomodate the project. In addition, CONSULTANT will provide an analysis of proposed new utilities requi ed to serve the project. 2. Sub Soil Conditions:! CONSULTANT will obtain a minimium of ten test borings to evaluate sub soil conditions', that would affect Construction. City will provide consultant with necessary permission to drill such test holes on public property. 3. Railroad Underpasses: CONSULTANT will confer with officials of the Railroad to ascertain problems and solutions involved in making the necessary railroad underpass. -2- 4. Consultant shall develop a proposed method of constructing a screening barrier for screening the sight and sound of the railroad. 5. Highway Transportation Plan: CONSULTANT will confer with the Texas Highway Department and City of Lubbock officials to secure an acceptable solution to the 3rd and 4th Street arterial plans. 6. CONSULTANT will assist the City in making necessary changes in the Urban Renewal Plan. This assistance will include attendance at two neighborhood meetings and/or public hearings, if required. 7. To obtain the full benefit of the CITY'S experience and knowledge of existing needs and facilities, and to enable CONSULTANT to make recommendations consistent with the CITY'S policies and standards. CONSULTANT shall meet with the Planning and Parks Departments staff of the CITY, during development of the project, to review decisions made by CONSULTANT. Such meeting shall take place at Lubbock, Texas, at a time and location agreeable to both parties. 8. CONSULTANT shall prepare maps, drawings, and graphics to working scale in order to illustrate in graphic form the various approaches or development options identified in the analysis. 9. CONSULTANT shall make cost estimates and suggest phasing for the development. 10. CONSULTANT shall propose commercial land uses which are deemed desirable. In performing the tasks encompassed in this phase, CONSULTANT shall confer with.CITY staff members. _,__�...._..., 11 __.-CONSULTANT", in_- consultation with the CITY, shall analyze and advise the CITY as to possible sources of funding for the project and outline the necessary steps to acquire such funding. CONSULTANT shall recommend private or governmental financing. -3- 12. CONSULTANT shall prepare a written report clearly setting forth CONSULTANT'S recommendations, and shall provide fifteen (15) copies of such report to CITY. 13. CONSULTANT shall make a verbal and visual presentation of all completed work of CONSULTANT to the CITY. Such presentation shall include a preliminary presentation to the CITY MANAGER and his staff followed by a presentation to the CITY COUNCIL OF THE CI'T'Y UTA' l,t)B OCK. Such presentation shall bo made at timos agreed upon between CONSULTANT and the CITY MANAGER. ARTICLE FOUR. RESPONSIBILITIES OF CITY A. The CITY shall place at the disposal of CONSULTANT such information pertinent to the project as the CITY now possesses and which has been previously developed including base maps, reports, and land use data. B. The CITY shall provide technical assistance and advice to CONSULTANT when requested to do so in advance. C. The CITY shall help schedule and arrange meeting places for conferences and consultations with citizen groups mentioned in Section Six of Article Three. D. The CITY shall designate staff members who shall attend scheduled review meetings. E. The CITY hereby designates the Director of Planning to act as CITY'S representative with respect to services to be performed under this Agreement. The Director of Planning may appoint an assistant to act in his stead as respresentative. ARTICLE FIVE SCHEDULE OF PERFORMANCE OF CONSULTANT'S SERVICES CONSULTANT shall complete the tasks outlined in Article III of this Agreement within ninety (90) days after receipt of written notification to proceed. -4- ARTICLE SIX COMPENSATION OF CONSULTANT For and in consideration of the services to be performed by CONSULTANT under the Agreement, the CITY shall pay to CONSULTANT the sum of THIRTY TWO THOUSAND DOLLARS ($32,000.00). Partial payments for services shall be made monthly in proportion to that part of the services which has been accomplished. Such payments shall be made within forty-five (45) days after receipt by the CITY of an invoice outlining the percentage of each task completed. The CITY shall remit payments per invoice by mail to GROVES, AND ASSOCIATES, INC., at the address shown in Article Seven. ARTICLE SEVEN NOTICES AND COMMUNICATIONS All notices and communications shall be deemed sufficient if mailed or delivered to CONSULTANT at the following address: GROVES AND ASSOCIATES, INC 8958 I H 10 WEST SAN ANTONIO, TEXAS 78230 All notices and communications to CITY shall be mailed or delivered to the following address: Director of Planning City Hall, Room 202 916 Texas Avenue Lubbock, Texas 79457 ARTICLE EIGHT TERMINATION OF AGREEMENT FOR CAUSE A. If, through any cause, CONSULTANT shall fail to fulfill in a timely and proper manner its obligations under this Agreement or if CONSULTANT 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 CONSULTANT of such termination and specifying the effective date thereof, which must be at least fourteen days after CONSULTANT'S receipt of said notice. In the event CITY terminates this Agreement for cause, all finished or unfinished documents, data, -5- studies, maps, drawings, graphics and reports prepared by CONSULTANT under this Agreement shall, at the option of the CITY, become the property of the CITY, and CONSULTANT 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, CONSULTANT shall not be relieved of liability to CITY for damages sustained by CITY.by virtue of any breach of contract by CONSULTANT. ARTICLE NINE -OWNERSHIP OF DOCUMENTS Except as provided in Article Eight of this Agreement all maps, drawings, and graphics prepared by CONSULTANT shall remain the property of CONSULTANT. CONSUTLTANT shall provide the CITY with copies of all maps, drawings, graphics, and reports prepared by CONSULTANT 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 TEN CONSULTANT'S ASSURANCES A. CONSULTANT shall comply with all and any laws and regulations, as they may be amended from time to time, which are relative to nondiscrimination in programs and activities funded under the State and Local Fiscal Assistance Act, as amended, 31 USC,'1221 et.seq. B. CONSULTANT agrees not to discriminate against any employee or applicant for employment because of race, creed, color, sex, or ; national origin. CONSULTANT agrees not to violate any -6- prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975. CONSULTANT 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, br excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination, including discrimination in employment, under any activity of the CONSULTANT. C. CONSULTANT 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. CONSULTANT 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. ARTICLE ELEVEN GENERAL CONDITIONS A. Law Governing Agreement. 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. Hold Harmless. CITY shall not be subject to any obligations or liabilities of CONSULTANT incurred in the performance of this contract. CONSULTANT 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 oi'---GONSULTANT,---its employees, officers, agents or appointees, or ; the negligent acts or omissions, breaches of contract or other defalcation of CONSULTANT, its employees, officers, agents, or appointees. -7- C. Independent Contractor. Nothing contained herein shall be construed as creating the relationship of employer and employee between CITY and CONSULTANT, its employees, officers, agents or appointees, and CONSULTANT shall at all times be deemed to be an independent contractor. D. CONSULTANT hereby warrants and certifies that no individual or group of individuals other than bona fide employees were utilized in securing this Agreement, that no express or implied agreement has been made to employ or retain the services of any firm or person in connection with carrying out this contract, and that CONSULTANT has not paid or agreed to pay any firm, person, organization or person (other than a bona fide employee working soley for CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procurring or carrying out this contract. E. Successors and Assigns. The CITY and the CONSULTANT 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 CONSULTANT shall assign, or transfer its interest in this Agreement without the written consent of the other. F. 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. , r This Agreement is executed this 22nd day of September , 1983, on behalf of CONSULTANT BY ITS and on behalf of CITY by its Mayor, both of whom are thereunto duly authorized. CITY OF LUBBOCK Y,MAYORr ''ATTEST: Evelyn Ga ga City Secretary-Treas r APPROVED AS TO CONTENT: Sanyo etr e Community Development Coordinator APPROVED AS TO FORM: Susan M. Hort6n Assistant City Attorney GROVES AND ASSOCIATES INC. PRESIDENT ATTEST: No Text