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2010R19 Stainback Agreement RESOLUTION NO. 10-R-19 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CONSULTING AGREEMENT, AS AMENDED AND SUBCONTRACTED, WITH STAINBACK PUBLIC/PRIVATE REAL ESTATE, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council has determined that it is in the best interest of the City to approve a Consulting Agreement dated January 26, 2009 between the City of Schertz Economic Development Corporation and Stainback Public/Private Real Estate, together with Amendment #2 and a Subcontractor's Agreement in the forms attached hereto as Exhibit A (as amended and subcontracted, the "Agreement"). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to approve the .Agreement between the City of Schertz Economic Development Corporation and Stainback Public/Private Real Estate in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. Reso109-R-31.doc PASSED AND ADOPTED, this 20th day of April, 2010. CITY OF SC TZ, TEXAS M yor Baldwin ATTEST: f City Secretary (CITY SEAL) Resol 09-R-31.doc EXIIIBIT A CONSULTING AGREEMENT as modified by AMENDMENT #2 and SUBCONTRACTOR'S AGREEMENT Reso109-R-31.doc A-1 April 12, 2010 Jeff Jewell Assistant Director of Economic Development Schertz Economic Development Corporation (SEDC) 1400 Schertz Parkway Schertz, TX 78154 RE: Amendment #2 to the Stainback Public/Private Real Estate contract signed January 26, 2009 The SPPRE/SEDC team has achieved meaningful progress with the predevelopment steps completed for the Main St. and FM 78 project areas. The steps completed, primarily Steps 1-3 (Concept, Vision and Objectives) and Step 6 (Design) for Main St./FM 78 lay the foundation for the next steps in the process. The long term Master Plans for the areas include proposed infrastructure and public space improvements as well as a series of planning districts. The next step in the process will be to formalize the proposed improvements to Main St. and FM 78, and complete design guidelines to guide future redevelopment in these areas. The following scope includes managing all of the required tasks and subconsultants to advance the improvements along Main St. and FM 78 and to further the economic development objectives of the SEDC and City. As the SEDC's advisor, we will continue to be in close communication with the SEDC to evaluate redevelopment strategies that arise during the course of each project. 12 Greenway Plaza, Suite 1100 Houston, TX 77046 www.sppre.com Tel: 713.621.3007 Fax: 713.621.3008 Scope of Work Tasks 1. Main Street Project and FM 78 1.1. Define Capital Improvements Program (CIP) for Main St. and FM 78 based on infrastructure and public space improvements. SPPRE will work with the SEDC and City Engineering department to prepare a preliminary estimate of cost. In addition, the plan will integrate proposed floodplain mitigation plans for Main St. and FM 78 in the overall CIP plan (ensuring that improvements will not be later impacted by floodplain mitigation improvements). Because of the size of the area we will also evaluate a CIP phasing plan for capital costs and improvements to minimize impact on existing businesses. 1.2. Complete City Engineering Staff review of the transportation impact of the proposed CIP improvements and the concept Master Plans. The assessment will address safety, circulation and access points along Main St. and FM 78. The analysis will also address the proposed traffic and parking improvements proposed in each project area. *Based on discussion with the City Engineering department, we will determine the need to complete a Transportation Analysis for Main St. and FM 78 including evaluation of 15Y St., FM 1518, and analysis of railroad safety and crossing analysis for all intersections. In addition, we will optionally discuss having a third party firm complete a preliminary cost estimate for the proposed CIP plan improvements. 1.3. Complete additional planning area analysis as required along the south side of FM 78, to include planning around the Cibolo Creek area extending east to the Beck landfill and FM 3009. SPPRE will manage the planning subconsultant to complete this work. 1.4. Complete the Design Guidelines for Main Street and FM 78 based on the concept Master Plans and proposed CIP plans. These design guidelines will assist to market the area and assist owners and investors understand how property values will be maintained and investments in the area are protected. SPPRE will manage the planning subconsultant to complete this work for both project areas. 1.5. Evaluate possible acquisition of one or more privately owned sites along Main St. or FM 78 by the SEDC or City for public use or future redevelopment purposes. These sites could function as the location for the farmers market, public plaza or for future redevelopment potential. Financial analysis will be prepared on an as-needed basis for one or more sites depending on redevelopment uses identified and basis to promote additional development in the area. SPPRE anticipates reviewing one to three sites in each project area for potential acquisition. Page 2 of 5 1.6. Present proposed CIP costs, phasing plans, Master Plan, and design guidelines to the City Manager for review in Powerpoint format and consideration for approval and funding. Deliverables: 1.7. SPPRE will prepare various deliverables during our engagement including scheduling, memoranda, and analyses as required. 1.8. Completion of additional concept planning for FM 78 project area. 1.9. A preliminary cost estimate and phasing plan will be provided for CIP improvements along Main St. and FM 78. This is projected to be completed by the City Engineering department. *An optional Transportation Analysis and/or preliminary cost estimate of CIP improvements will be completed by a third party subconsultant. 1.10. Design Guidelines will be prepared and submitted for review by the SEDC. This process only budgets for the creation of the document and submittal to the SEDC and draft revisions as appropriate. Additional meetings or presentations required as part of the City's adoption process will be determined based on the City's processes and are not included in this proposal. 1.11. The CIP program costs will be estimated and phasing plan will be provided for consideration of approval by the City. 1.12. Powerpoint summary of all deliverables developed during this Scope and presentation to City Manager. At the conclusion of this task, it is anticipated that physical improvements to be implemented in the Main St. and FM 78 project areas will be presented for funding approval by the City. In addition, any redevelopment opportunities will be identified and presented for discussion purposes. Site Visits We estimate that three on-site meetings will be required for the completion of the above tasks. Additional meetings will be billed at our standard hourly rate. Page 3 of 5 Fee Proposal Our fee to complete this Scope of Work is based on the level of skill and the amount of time required to complete the tasks. SPPRE proposes to complete these tasks in six months. During this term, we propose to complete these tasks on a fixed fee basis and invoice on a percentage completion basis. SPPRE Professional Fees Task 1: Main St. and FM 78 $33,095 Subconsultant Professional Fees Task 1: Main St. and FM 78 Planner -Design Guidelines $37,350 Planner - FM 78 Additional Study Area $9,500 Total : $79,945 Engineer-Traffic Analysis and CIP cost estimate (Optional) $28,500 Direct expenses (airfare, hotel, rental car and meals, and production costs) will be reimbursed at cost. SPPRE will serve as the prime contracting entity and we will utilize subconsultants to complete specific tasks as required. SPPRE will complete this work as an amendment to our existing contract with the SEDC. If this scope and agreement meets your approval, kindly sign and return one copy to us, which will serve as our authorization to start work. We look forward to working closely with members of the SEDC and City on these major projects. City Approval The obligations of the SEDC under the Consulting Agreement, as modified by Amendment #2, are subject to the approval thereof by the City Council of the City of Schertz in accordance with the requirements of Title 12, Subtitle C1, Texas Local Government Code, as amended, and the Articles of Incorporation and Bylaws of the SEDC. If the SEDC is unable to obtain such approval, the Consulting Agreement, as modified by Amendment #2 shall not be effective. By its execution hereof, SPPRE acknowledges that its total compensation under the Consulting Agreement is to be a total of not to exceed $79,945.00, which includes professional fees of $33,095 and the compensation of $46,850 to TBG Partners by SPPRE. Direct expenses will be reimbursed at cost by the SEDC to SPPRE and SPPRE will reimburse TBG Partners direct expenses associated with the completion of the Scope. Page 4 of 5 . Respectfully submitted, SPPIdE LAC SPPRE Title: 4~> ~ ~ Accepted this 20 day of April, 2010 Schertz Economic Development Corporation (SEDC) By: ~ , ~ ~---fir. Title: eS' fl ar. ~ Approval by City of Schertz The obligations of the SEDC set forth above and in the Consulting Agreement, as modified by Amendment #2, were approved the City Council of the City of Schertz in accordance with the requirements of law. CITYCHERTZ By: Don Taylor, City Manager Page 5 of 5 February 16, 2010 Revision #1 April 6, 2010 Revision #2 April 7, 2010 Revision #3 April 13, 2010 Mr. Will Reed Stainback Public/Private Real Estate (SPPRE) 12 Greenway Plaza Suite 1100 Houston, Texas 77046 RE: Schertz Main Street Revitalization Houston, Texas TBG Project #H09844 Additional Service Request #2 Dear Mr. Reed: The Broussard Group, Inc., dba TBG Partners (TBG) is pleased to submit this proposal for additional professional design services for the Schertz Main Street Revitalization project. This document will serve as a scope of services for this project. This amendment to the base proposal of the above referenced project is based on the following scope not included in the original proposal: ADDITIONAL SCOPE OF SERVICES (Additional Service Request #2) TASK A: FM 78 CORRIDOR COMMERCIAL DESIGN GUIDELINES Based on the conceptual master plan prepared for the downtown area and additional site assessment of the corridor, TBG will prepare a commercial design guidelines document for the FM 78 Corridor (from Cibolo Creek to Roy Richards Drive/ FM 3009) that will address various elements within the public and private sector including, but not limited to the following: site configuration, building massing, site access and circulation, parking, landscape, lighting, signage and environmental graphics, to name a few. The document will consist of writing and accompanying exhibits or graphics, as needed, for explanation. The guidelines will be provided first in a draft format for approval by the Client. TBG will attend up to two (2) meetings with the Client and will incorporate input into the final commercial design guideline document. Once approved, TBG will finalize the guidelines in a final format. 901 South MoPac, Building 2, Suite 350, Austin, Texas 78746 TES 512.327.1011 Fnx 512.327.0488 wES www.tbg-inc.com Mr. Will Reed ~ February 16, 2010 ~ Revision #1 April 6, 2010 PARTNERS Revision #2 April 7, 2010 Revision #3 April 13, 2010 Page 2 TASK B: DOWNTOWN DESIGN GUIDELINES Based on the conceptual master plan prepared for Main Street, TBG will prepare a downtown design guidelines document for the Main Street area that will address various elements within the public and private sector including, but not limited to the following: architectural style/building character, parking, site furnishings, landscape, lighting, signage and environmental graphics. The document will consist of writing and accompanying exhibits or graphics, as needed, for explanation. The guidelines will be provided first in a draft format for approval by the Client. TBG will attend up to two (2) meetings with the Client and will incorporate input into the final downtown design guideline document. Once approved, TBG will finalize the guidelines in a final format. Services to be determined in future tasks include downtown (Main Street) master plan adoption, revisions to the future land use plan, FM 78 commercial design guidelines adoption, downtown design guidelines adoption, and additional meetings with city staff and other government agencies. COMPENSATION Task A: FM 78 Corridor Commercial Design Guidelines $ 14,850 Task B: Downtown Design Guidelines $ 22,500 Total for Additional Service #2 $ 37,350* *Note: The amount of Additional Service #2 has been revised from the one originally proposed on February 16, 2010. FEE SUMMARY: Original Fee Amount $ 39,500 (completed) Additional Services Request #1 $ 9,500 (processing) Additional Services Request #2 37 350 (current scope of services) REVISED TOTAL CONTRACT AMOUNT $ 86,350* *Note: The additional services requests total $46,850. Mr. Will Reed ~ February 16, 2010 ~ Revision #1 April 6, 2010 P A R T N E R S Revision #2 April 7, 2010 Revision #3 April 13, 2010 Page 3 If the above scope of services and compensation meet with your approval, please sign and return one copy of this letter to authorize TBG to proceed with services. Thank you for your attention to this matter. Please do not hesitate to call me if you have any questions or need additional information. Sincerely, e Brent Spraggins Principal APPROVED: BY DATE The obligations of SPPRE under this Subcontractors Agreement, as an indirect obligation of the SEDC, are subject to the approval by the City Council of the City of Schertz in accordance with the requirements of Title 12, Subtitle C1, Texas Local Government Code, as amended, and the Articles of Incorporation and Bylaws of the SEDC. If the SEDC is unable to obtain such approval, the Consulting Agreement and this Subcontractors Agreement shall not be effective. By its execution hereof, SPPRE acknowledges that its total compensation under the Consulting Agreement and this Subcontractors Agreement, is modified to be a total of $79,945.00. Accepted this 20th day of April, 2010 City of Schertz Economic Development Corporation Bye` 2.~~+--~ ~ ~c.J ~~--3Lr.., Title: President Approval by City of Schertz The obligations of the SEDC set forth above and in the Consulting Agreement were approved the City Council of the City of Schertz in accordance with the requirements of law. Mr. Will Reed ~ February 16, 2010 ~ Revision #1 April 6, 2010 P A R T N E R S Revision #2 April 7, 2010 Revision #3 April 13, 2010 Page 4 CITY OF SCHERTZ By: Don Taylor, City Manager The Texas Board of Architectural Examiners, 333 Guadalupe, Suite 2-350, Austin, Texas 78701, telephone (512) 305-9000, has jurisdiction over individuals licensed under the Architects Registration Law, Article 249.a, and the Landscape Architects Registration Law, Article 249.c, Vernon's Texas Civil Statutes. Proposal copyright ©2010 by TBG Partners. No portion of this proposal may be copied or distributed without the written permission of TBG Partners. October 15, 2009 Revision #1 April 13, 2010 Mr. Will Reed Stainback Public/Private Real Estate (SPPRE) 12 Greenway Plaza Suite 1100 Houston, Texas 77046 RE: Schertz Main Street Revitalization Houston, TX TBG Project #H09844 Additional Service Request #1 Dear Mr. Reed: The Broussard Group, Inc., dba TBG Partners (TBG) is pleased to submit this proposal for additional professional design services for the Schertz Main Street Revitalization project. This document will serve as a scope of services for this project. This amendment to the base proposal of the above referenced project is based on the following scope not included in the original proposal: A. Expanding the downtown study area to include the area south of FM 78 between Schertz Parkway and the developed area west of Cibolo Creek. Original Fee Amount $ 39,500 Additional Services Request #1 9 500 Revised Contract Amount $ 49,000 If the above scope of services and compensation meet with your approval, please sign and return one copy of this letter to authorize TBG to proceed with services. Thank you for your attention to this matter. Please do not hesitate to call me if you have any questions or need additional information. Sincerely ,~e~ Brent Sp gins Principal 901 South MoPac, Building 2, Suite 350, Austin, Texas 78746 rEi 512.327.1011 Fnx 512.327.0488 wEe www.tbg-inc.com Mr. Will Reed ~ October 15, 2009 ~ Revision #1 April 13, 2010 PARTNERS Paget APPROVED: s~a~ 1r~ BY DATE The obligations of SPPRE under this Subcontractors Agreement, as an indirect obligation of the SEDC, are subject to the approval by the City Council of the City of Schertz in accordance with the requirements of Title 12, Subtitle C1, Texas Local Government Code, as amended, and the Articles of Incorporation and Bylaws of the SEDC. If the SEDC is unable to obtain such approval, the Consulting Agreement and this Subcontractors Agreement shall not be effective. By its execution hereof, SPPRE acknowledges that its total compensation under the Consulting Agreement and this Subcontractors Agreement, is modified to be a total of $79,945.00. Accepted this 20th day of April, 2010 City of Schertz Economic Development Corporation BY~ Title: President Approval by City of Schertz The obligations of the SEDC set forth above and in the Consulting Agreement were approved the City Council of the City of Schertz in accordance with the requirements of law. CITY OF SCHERTZ By: - Don Taylor, City Manager The Texas Board of Architectural Examiners, 333 Guadalupe, Suite 2-350, Austin, Texas 78701, telephone (512) 305-9000, has jurisdiction over individuals licensed under the Architects Registration Law, Article 249.a, and the Landscape Architects Registration Law, Article 249.c, Vernon's Texas Civil Statutes. Proposal copyright ©2010 by TBG Partners. No portion of this proposal may be copied or distributed without the written permission of TBG Partners.