Loading...
Item 5LCity of Southlake, Texas MEMORANDUM August 9, 2006 To: Shana Yelverton, City Manager From: Ken Baker, AICP, Planning Director Subject: Authorize the award of bid to Townscape Planning, Inc., for the Urban Design Study. Action Requested: Approval of the Agreement for Professional Consulting Services Background Information: One of the key recommendations of the Southlake 2025 Plan - Phase II was to undertake a detailed urban design study of the City's three (3) main roadway corridors (FM 1709, FM 1938 & SH 114) and of a special district along FM 1709 from Carroll Avenue to Village Center Drive. The goals of the study are as follows: • Creation of a Median Concept Plan for Southlake Blvd. and Davis Blvd. • Pedestrian crossing concepts for Southlake Blvd. • Coordination with a separate Branding / Image study being carried out by the City, and the incorporation of key branding concepts into the Urban Design Plan • Streetscape Concepts including planting and street furniture for SH 114, Southlake Blvd. and Davis Blvd., with illustrative typical conditions ■ Entry and Landmark feature concepts In April 2006, the city issued a revised Request for Qualifications (RFQ) to solicit consultants to undertake this study. The City received 4 consultant qualifications from the following firms: • Carter & Burgess; • Townscape Planning Inc.; • Sage Group; and • TBG Partners. The City interviewed the consultant teams on Friday, May 26 and Tuesday, May 30, 2006 and is recommending Townscape Planning Inc. as the preferred consultant to enter into a contract. Townscape Planning Inc. is partnering with Kimley -Horn and Associates to provide planning, urban design, landscape architecture, and transportation planning services that are critical to this study. Townscape Planning Inc. and Kimley Horn have undertaken various corridor and other projects including the re- invention of Belt Line Corridor for Addison, Loop 820 Corridor in North Richland Hills, I -20 Corridor in Benbrook, Rockwall Corridor Overlays, and Southlake 1995 Corridor Study. The Urban Design Study is proposed to begin in September 2006 and be completed in May 2007. The Consultant Team will work with staff, and the Planning and Zoning Commission to develop the study. City Council will receive periodic briefings on the progress of the study. The study will be brought before City Council for final approval upon receiving a recommendation from the Planning and Zoning Commission. Financial Considerations: $79,853 (Fees for Consulting Services) Citizen Input/ Board Review: None Legal Review: Yes Supporting Documents: Agreement for Professional Consulting Services Staff Contact: Ken Baker, (817) 748 -8067 2 AGREEMENT TO PROVIDE PROFESSIONAL CONSULTING SERVICES THIS AGREEMENT ( "Agreement ") is entered into this day of August, 2006 effective immediately by and between TOWNSCAPE PLANNING Inc., a corporation authorized to do business in the State of Texas ( "CONSULTANT ") and the CITY OF SOUTHLAKE, TEXAS, a municipal corporation of the State of Texas ( "CITY'). For convenience, the CONSULTANT and the CITY may sometimes be referred herein collectively as "parties" and individually as a "parry." WITNESSETH WHEREAS, CITY desires to engage the CONSULTANT to perform professional planning services to develop an Urban Design Study for the CITY's major roadway corridors; and WHEREAS, CONSULTANT agrees to provide such work and services for the CITY in accordance with the terms of this Agreement; NOW, THEREFORE, for the mutual promises set forth herein, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto mutually agree as follows: 1. Employment of Consultant (a) CITY agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services described in the Scope of Services which is hereby incorporated into this Agreement as Exhibit "A." The Services provided herein will collectively be referred to as the "project." (b) Notwithstanding anything to the contrary contained in this Agreement, CITY and CONSULTANT agree and acknowledge that CITY is entering into this Agreement in reliance on CONSULTANT's special and unique abilities with respect to professional planning and urban design. CONSULTANT accepts the relationship of trust and confidence established between it and the CITY by this Agreement. (c) CONSULTANT covenants with CITY to use its best efforts, skill, judgment, and abilities to perform the work in the Project with the information provided to it by City in accordance with Paragraph seven (7) below and to further the interests of CITY in accordance with CITY's requirements, in accordance with the highest standards of CONSULTANT's profession or business and in compliance with all applicable national, federal, state, municipal, laws, regulations, codes, ordinances, orders and with those of any other body having jurisdiction. The CONSULTANT 3 warrants, represents, covenants, and agrees that all of the work to be performed by the CONSULTANT under or pursuant to this Agreement shall be of the standard and quality which prevail among similar businesses and organizations of superior knowledge and skill engaged in providing similar services in major United States urban areas under the same or similar circumstances and involving a project such as the Project. CONSULTANT warrants, represents, covenants, and agrees that the work it performs will be accurate and free from any material errors. (d) CONSULTANT acknowledges that approval or acceptance by CITY of CONSULTANT's services shall not constitute nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, officers, or agents for the accuracy and competency of the services performed under this Agreement; nor shall approval be deemed to be an assumption of such responsibility by CITY for any defect in the work prepared by CONSULTANT, its officers, employees or agents. 2. Notice to Proceed CITY shall have complete control of the services to be rendered and no billed work shall be done pursuant to this Agreement until the CONSULTANT is instructed in writing to proceed. 3. Time of Performance The services to be performed hereunder by the CONSULTANT shall be undertaken and completed within one year of Contractor's receipt of a written Notice to Proceed from CITY. 4. Compensation. The CITY agrees to pay the CONSULTANT a total fee not to exceed Seventy Nine Thousand, Eight Hundred Fifty Three Dollars and no cents ( $73,853.00) as described Scope of Services (attached hereto as Exhibit "A "). CONSULTANT agrees to complete the Project and all services provided herein for said sum. 5. Method of Payment The CONSULTANT shall submit monthly statements summarizing the task(s) undertaken and the percentage of the task(s) completed during the billing period. Total payments shall not exceed the amount shown in (4), above unless otherwise approved in writing by the CITY. CITY shall pay invoices within 30 days of receipt; provided, however, that in the event CITY requests any supporting documentation for charges, payment shall be made within 30 days of receipt of the documentation. 6. Changes. CITY may, from time to time require changes in the scope of services of the CONSULTANT to be performed hereunder. Such changes, which are mutually agreed upon by and between CITY and the CONSULTANT, shall be incorporated in written amendment to this Agreement. 7. Services and Materials to be Furnished by CITY. CITY shall furnish the CONSULTANT with all available information, data, and material in CONSULTANT requests pertinent to the execution of this Agreement including but not limited to base mapping for the project area, including roadways, buildings, significant vegetation and contour lines, as well as aerials in a format that can readily be used for base mapping. CITY will coordinate all arrangements, including notices and venues for all meetings and workshops, and will provide copies and distribution of all material. CITY shall cooperate with the CONSULTANT in carrying out the work herein and shall provide adequate staff for liaison with the CONSULTANT. 8. Termination of Agreement. (a) CITY has the right to terminate this Agreement for any reason upon thirty (30) days' notice to CONSULTANT. Upon termination pursuant to this paragraph, the CONSULTANT shall be entitled to payment of such amount as shall compensate CONSULTANT for the services satisfactorily performed from the time of the last payment date to the termination date in accordance with this Agreement, provided the CONSULTANT shall have delivered to CITY such statements, accounts, reports and other materials as required herein, and provided that CONSULTANT shall have delivered to CITY all reports, documents and other materials prepared by CONSULTANT prior to termination. CITY shall not be required to reimburse CONSULTANT for any services preformed or expenses incurred after the date of the termination notice, nor shall CITY reimburse CONSULANT for lost or anticipated profits. (b) Nonappropriation If the governing body of the CITY fails to specifically appropriate sufficient funds to make the payments due in any Fiscal Year under this Agreement, an event of nonappropriation ( "Event of Nonappropriation ") will have occurred, the terms of this Agreement will not be renewed, and CONSULTANT or CITY may terminate this Agreement at the end of the then current Fiscal Year, whereupon CITY will be obligated to pay those amounts then due subject to the provisions herein. Nothing in this Section or elsewhere in this Agreement will be deemed in any way to obligate the CITY or create a debt of CITY beyond its current Fiscal Year. CONSULTANT HAS NO RIGHT TO COMPEL CITY TO LEVY OR COLLECT TAXES TO MAKE ANY PAYMENTS REQUIRED HEREUNDER, OR TO EXPEND FUNDS BEYOND THE AMOUNT PROVIDED FOR IN THE THEN CURRENT FISCAL YEAR OF CITY. The CITY agrees to use its best efforts to obtain authorization and appropriation of such funds and if such funds are appropriated, the governing body of the CITY shall, for each ensuing Fiscal Year in which payments are due to be made, make all such payments subject to the terms of this Agreement. 5 9. Ownership of Documents. All information and other data given to, prepared, or assembled by CONSULTANT under this Contract, and other related items shall become the sole property of CITY and shall be delivered to CITY, without restriction on future use with the exception of previously copyrighted material used by the CONSULTANT for informational or educational purposes. A set of reproducible documents, including digital versions of all material shall be filed with the CITY prior to final payment. CONSULTANT shall have no liability for changes made to or use of the drawings specifications, and other documents by the CITY subsequent to the completion of the Project. CITY shall require that any such changes or other use shall be sealed by individual making the change or use and shall be approximately marked to reflect what was changed or modified. 10. Records and Inspections. CONSULTANT shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three years after the completion of the Project, or if litigation relating to any aspect of this Agreement is commenced within that year, until there is a final, nonappealable judgment or a settlement agreement has been executed between all the parties. CITY shall have free access at all proper times to such records, and the right to examine and audit the same and to inspect all Project data, documents, proceedings, and activities. 11. Completeness of Contract. This Agreement and the documents incorporated herein by specific reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. If there is any conflict between the terms of this Agreement and the documents attached hereto, the terms of this Agreement shall control. This Agreement may not be subsequently modified except by a writing signed by both parties. 12. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable hereunder to any party other than the CONSULTANT. 13. When Rights and Remedies Not Waived. In no event shall the making by CITY of any payment to the CONSULTANT constitute or be construed as a waiver by CITY of any breach of covenant, or any default which may exist on the part of the CONSULTANT and the making of any such payment by CITY while any such breach or default shall exist in no way impairs or prejudices any right or remedy available to CITY in respect to such breach or default. 14. Indemnification. The CONSULTANT agrees to indemnify and hold harmless the CITY and all of its officers, employees, council members and agents from any and all claims by third parties, including, but not limited to, claims for damages, judgments, attorney's fees, expenses, injunctive or equitable relief, interest, I personal injury, and death, that may arise from the CONSULTANT's performance under this Agreement, provided that CONSULTANT shall not be required to indemnify or hold the CITY harmless for the intentional or negligent acts or omissions of the CITY to the extent that such acts cause the injuries or damages complained of 15. Insurance. Consultant agrees to maintain insurance for comprehensive general liability, automobile liability insurance, workers' compensation (for any employees the CONSULTANT may have during the active life of this contract) and professional liability during the term of this Agreement in the amounts stated below. CONSULTANT shall provide CITY with evidence of such coverages in a form which is acceptable to the CITY. Such policies shall name the CITY, its officers, and employees as an additional insured and shall provide for a waiver of subrogation against the CITY for General Liability and Automobile Insurance. CONSULTANT shall provide notice to the CITY in the event of any material change in coverage, cancellation, or nonrenewal not less than 30 days prior to the change. For coverage's that are written with claims made policies, the required period of coverage shall be continuous coverage for the life of the contract, plus an extended discovery period of three (3) years to begin at the end of the contract period. Should CONSULTANT change insurance carriers during this entire insuring period, the replacement policy shall include a prior acts provision to eliminate any lapse in coverage. TYPE MINIMUM AMOUNT 1. Workers' Compensation & Employer's Liability 2. Commercial General Liability Insurance 3. Comprehensive Automobile Insurance 4. Professional Liability (errors & omission) Insurance Statutory $100,000/500,000/100,000 Combined Single Limit of $500,000 per Occurrence Minimum State Financial Liability Responsibility Limits $500,000 per claim 16. Personnel. The CONSULTANT represents that it has all personnel required in performing the services under this Agreement. All of the services required hereunder will be performed by the CONSULTANT or under CONSULTANT's supervision, and all personnel engaged in the work shall be qualified to perform such services. 17. Equal Employment Opportunity. (a) The CONSULTANT shall not discriminate against any employee or applicant for employment because of race, age, color, religion, sex, ancestry, national origin, or place of birth. The CONSULTANT shall take action to insure that applicants are employed and that employees are treated during 7 their employment without regard to their race, age, color, religion, sex, ancestry, national origin, or place of birth. (b) If the CONSULTANT fails to comply with the Federal and State Laws relating to Equal Employment Opportunity, it is agreed that the CITY at its option may do either or both of the following: i. Cancel, terminate, or suspend the contract in whole or in part; ii. Declare the CONSULTANT ineligible for further CITY Contracts until he is determined to be in compliance. 18. Independent Contractor The relationship between the CITY and CONSULTANT will be that of an independent contractor. The parties agree that none of the provisions of this Agreement are intended to create, nor will be deemed or construed to create, any relationship between the CITY and CONSULTANT other than that of independent parties contracting with each other to carry out this Agreement. It is expressly agreed that CONSULTANT and CONSULTANT's personnel, if any, may not for any purposes be deemed to be an officer, employee, agent, partner, joint venturer, ostensible or apparent agent, servant or borrowed servant of the CITY. CONSULTANT agrees that it will not hold itself out as an agent of the CITY to any persons or entities. 19. Assignability. The parties hereby agree that Consultant may not assign, convey or transfer its interest, rights and duties in this Agreement without the prior written consent of CITY. 20. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be sufficient if sent by the parties via personal delivery, facsimile, or via United States certified mail, postage paid, to the addresses noted below: If intended for CITY, to: Ken Baker Director of Planning City of Southlake Address: 1400 Main Street, Suite 310 If intended for CONSULTANT, to: Dennis Wilson Principal Townscape Planning, Inc. Address: 9410 Hermosa Drive Southlake, Texas 76092 Telephone No.: (817) 748 -8067 Fax No.: (817) 748 -8077 Dallas, TX 75218 -3549 Telephone No.: (214) 320 -1010 Fax No.: (214) 327 -0035 21. Governing LawNenue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Venue for any action brought to interpret or enforce the terms of this Agreement shall lie in Tarrant County, Texas. 22. Attorney's Fees /Costs. If any legal proceeding is brought to interpret or enforce the terms of this Agreement, the prevailing party in such action shall be entitled to recover from the nonprevailing party, in addition to the prevailing party's actual damages, reasonable attorney's fees and court costs. 23. Conflict of Interest. CONSULTANT represents and warrants that it will complete a Conflict of Interest Questionnaire as required by State law. 24. Authority to Sign. The parties hereby warrant and represent that the undersigned persons have full authority and are duly authorized to sign on behalf of their respective principals and that such principals have duly authorized the transaction contemplated by this Agreement. 25. Legal Construction In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions thereof, and this Contract shall be considered as if such invalid, illegal or unenforceable provision had never been contained in this Contract. 26. Captions The captions to the various clauses of this Contract are for informational purposes only and shall not alter any substance of the terms and conditions of this Contract. 27. Successors And Assigns This Contract shall be binding upon and insure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and, except as otherwise provided in this Contract, their assigns. 28. Entire Agreement This Contract embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties and relating to matters in this Contract, and except as otherwise provided herein, cannot be modified without written agreement of the parties to be attached to and made a part of this Contract. M IN WITNESS WHEREOF, CITY and the CONSULTANT have executed this Agreement effective the date written above. CITY OF SOUTHLAKE, TEXAS Print Name: Title: TOWNSCAPE PLANNING, INC. Print Name: Title: 10 EXHIBIT A SCOPE OF SERVICES AND PAYMENT OF FEES A. Scope of Services TASK 1: PROJECT INITIATION 1.1 Kickoff meeting Meet with client representative(s) in the City of Southlake to review this scope of services and work plan, clarify expectations, and receive base mapping of the project area as well as copies of any previous studies, current project plans and historical background data that would be helpful in the course of the project. We would also identify any additional data needs, establish lines of communication, and clarify timetables. 1.2 On -Site Assessment Conduct an on -site assessment and photo documentation of key planning and design issues, opportunities and constraints, including: • Existing land use patterns • Major vehicular circulation patterns • Major pedestrian circulation patterns • Development patterns • Streetscape character • Visual quality issues • Projects in progress or under consideration 1.3 Kick -Off Workshop with the Planning and Zoning Commission The Consultant will conduct a workshop with the P &Z to discuss scope, process and timing or the Study. Deliverables: List of key issues, Base maps. TASK 2: TRANSPORTATION ANALYSIS 2.1 Preparation of Median Concept The intent of this task is to develop median sketch design plans for Southlake Blvd. and Davis Blvd. These sketch plans will be developed in enough detail to approximate the following items: a. Traffic Analysis Existing available traffic data will be provided by the City. This data will consist of current and estimated daily traffic counts, turning movement counts at intersections. Pedestrian crossing impacts will also be investigated. b. Identify location and type of median openings 11 The locations for the median opening will be established along each corridor and will establish the basic median opening type such as, full opening or partial opening (directional opening). (The storage capacity of such openings will not be quantified.) 2.2 Pedestrian Connectivity The Consultant will address pedestrian crossing issues related to Southlake Blvd between Southlake Town Square and the Shops at Southlake, including at -grade and grade- separated crossings. Alternative pedestrian concepts will be prepared and reviewed in terms of feasibility and cost implications. This will include "order of magnitude" costs in relation to alternatives. In addition, a concept for pedestrian crossings to adjacent neighborhoods along Davis will be prepared. 2.3 Staff Workshop The Consultant will conduct a workshop with staff to evaluate conclusions and recommendations. 2.4 P &Z Workshop The Consultant will conduct a workshop with P &Z to review concepts and recommendations. 2.5 Town Hall Meeting The Consultant will conduct a Town Hall meeting with stakeholders and the public to review draft recommendations for medians. Deliverables: Median Concept Plan, Pedestrian crossing concept alternatives TASK 3: COORDINATION WITH BRANDING /THEME DEVELOPMENT 3.1 Brainstorming Workshop on Branding and Themes The Consultant will prepare a brief PowerPoint of the Town's DNA to present at a workshop with the City's Branding Consultant to identify themes and opportunities for branding. 3.2 Coordination and Briefing Meetings The Consultant will participate in up to 2 coordination and briefing meetings, including the following: • Validation meetings to coordinate progress on Theme Concepts • P &Z and City Council Briefing and Discussion Meetings 12 TASK 4: PREPARATION OF URBAN DESIGN CONCEPTS 4.1 Prepare Urban Design Concepts The Consultant will prepare urban design concepts for SH 114, Southlake Blvd and Davis Blvd. The concepts will include such items as: a. Concepts for branding and theme implementation b. Streetscape concepts in sketch plan format, including landscape features, median design concepts and planting (illustrations of "typical" streetscape features) c. Pedestrian amenities d. Wayfinding concept e. Landmark features such as entry monuments, round - abouts and public art, as may be appropriate 4.2 Conduct Workshop with Staff The Consultant will conduct a workshop with key staff from planning, transportation and economic development to review concepts. 4.3 Conduct Workshop with P &Z The Consultant will conduct up to 2 workshops with the Planning and Zoning Commission to review urban design concepts. 4.4 City Council Briefing The Consultant will brief City Council on urban design concepts. 4.5 Conduct Town Hall Meeting on Urban Design Concepts The Consultant will present concepts to stakeholders and members of the public, and receive comments. 4.6 Revise Concepts and Prepare Urban Design Plan Report The Consultant will revise concepts and prepare a draft Urban Design Report. Deliverables: Concept level plans, diagrams and sketches of proposed urban design features. A draft Urban Design Plan report. TASK 5: FINALIZATION AND ADOPTION 5.1 Revise Draft Report The Consultant will revise the draft report to include modifications. 5.2 Planning and Zoning Commission Public Hearing The Consultant will attend and make a presentation at a P &Z Public Hearing. 13 5.3 City Council Public Hearing The Consultant will attend and make a presentation at a City Council Public Hearing. 5.4 Finalize Report The Consultant will finalize the report and provide staff with digital copies of all computer files and the final report. Deliverables: Final report and all digital fides. B. Payment for Consultant Services: Compensation for each task listed under Section A Scope of Services shall not exceed the amounts listed in the following table: Task Not to Exceed Amount L Project Initiation $8,775 IL Transportation Analysis $22,377 III. Coordination with Branding /Theme $4,607 IV Preparation of Urban Design Concepts $30,162 V. Finalization and Adoption $13,000 TOTAL $79,853 14