2010R40-Gateway Planning Group AgreementRESOLUTION NO. 10 -R -40
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A PROFESSIONAL SERVICES
AGREEMENT WITH GATEWAY PLANNING GROUP, INC., AND
OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has determined that the City
requires professional services relating to City master planning; and
WHEREAS, City staff has determined that Gateway Planning Group, Inc. is uniquely
qualified to provide such services for the City; and
WHEREAS, pursuant to Section 252.022(a)(4), the City is not required to seek bids or
proposals with respect to a procurement for personal, professional, or planning purposes; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with Gateway Planning Group, Inc. pursuant to the Professional Services Agreement
attached hereto as Exhibit A (the "Agreement ").
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
1-6 -1*
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreement with Gateway Planning Group, Inc. 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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
50324599.1
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.
PASSED AND ADOPTED, this 27th day of July, 2010.
CITY OF WHERTZ, TEXAS
t.
ATTEST:
t
Secretary
(CITY SEAL)
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EXHIBIT A
PROFESSIONAL SERVICES AGREEMENT
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PROFESSIONAL SERVICES AGREEMENT
(Schertz IH3S/IHI0 Initiative)
THIS PROFESSIONAL SERVICES AGREEMENT (tile "Agreement") is entered into as of July 27, 20 10 (the "Effective Date"), by and
between GATB'VAY PLANNING GROUP, INC. ('Contractor"), located at 101 Summit Ave. Suite 606, Fort Worth. Texas 76102 and
the CITY OF SCHERTZ, TEXAS ( "Client' " }.. located at 1400 Schertz Paricvay,,Schertz, Texas 78154, A.ttn- Don E. Taylor, City Manager.
L ENGAGEMENT. Client hereby retains Contractor- and
Contractor hereby accepts engagement from Client to provide
services set forth in the tasks delineated oil Schedule "I'?,
attached hereto (the "Services ").
2. COMPENSATION. Client -hall pay Contractor a fixed fee of
$598,750.00, over fiscal years 2010, *2011 and 20t2, based on the
tasks in Schedule "I".
. plus necessary reimbursable expenses,
including, without limitation, travel, lodging, reprographics, facilities
rental, workshop supplies, and plotting. Specific allocations,
deductions or credits affecting the compensation to Contract must
be detailed in writing on Schedule "I" and established at the
outset of the engagement contemplated herein. Contractor shall
invoice client on a monthly basis purstiant to a percentage
completion of the tasks delineated in Schedule "t", along with
reimbursable expenses incurred to date. All invoices shall be due
upon presentation and payable within twenty (20) business day!.. All
other services undertaken by Contractor and authorized by Client
in writing beyond those specified in Schedule "I" shall be
,compensated at the rate of $275.00 per hour for principals, $225.00
per hour for senior designers, engineers and planners, $175.00 per
hour for designers, engineers, and planners, and $105.00 per hour
for professional support staff, unless other arrangements are made
by mutual agreement. Contractor may sub-contract any portion of
the Services set forth on Schedule "I", but the contractor is
responsible for the quality of the work by such subcontractor;
provided, however, any increase in fee-, or compensation due to the
use of such sub-contracted services shall be approved in writing and
by Client.
3. PROFESSIONAL STANDARDS. Contractor shall be responsible,
to the level of canapetency presently maintained by other practicing
professionals in the same type of work in Client's community, for
the professional and technical soundness, accuracy, and adequacy of
the work furnished under this Agreement.
4, TERMINATION Either Client or Contractor may terminate this
Agreement by giving 30 days written notice to the other party. In
such event. Client shall forthwith pay Conti-actor in full for all -vork
previously authorized and performed print, to the effective date of
termination. If no notice of termination is given, relationships and
obligations created by this Agreement shall be terminated upon
completion of all applicable requirement-, of this Agreement.
agrees that Client shall, until expiration of one (1) year after final
payment by Client to Contractor, blue access to and the right to
examine and photocopy directly pertinent documents, papers and
records of Contractor involving transactions relating to this
Agreement. Upon forty-eight (40) hours notice, Contractor shall
give Client access during normal working hours to all necessary
facilities and shall be provided adequate and appropriate work
space in order to conduct audits. in compliance with the
provisions of this section. Contractor at all times shall retain co-
ownership of all final work. product resulting from this Agreement
and may utilize it for any purposes including. without limitation,
marketing. Contractorshall retain sole ownership ofsourcefiles,
digital files, drafts and working documents. for all work product
Contractor and Client shall co-own final work products. If
Contractor displays contractor's logo, or copyright designation on
any draft or final workproduct provided to Client, Client shall
continue to utilize and display on the workproduct that logo or
copyright designation if die workproduct is reproduced, used,
disseminated or displayed publicly or disseminated to any third
party unless other arrangements have been made by mutual
agreement. Contractor reserves the right to enforce its copyright
through all legal means including common law, statutory and
equitable remedies. Contractor acknowledges and agrees that
some or all of such records, though in the Conti-actor-, sole
possession, may be subject to disclosure under the Texas Public
Information Art, and agrees to cooperate with Client in
connection with disclosures under such Act as allowed by Law.
6. INSURANCE. During the term of this Agreement and for two
(2) years thereafter, Contractor shall keep in force General
Liability and Professional Liability Insurance coverage up to
$1,000,000.00 per occurrence and $1,000,000.00 in aggregate
total coverage, respectively, and will name Client as additional
insured.
7, ENTIRE AGREEMENT! MODIFICATION This Agreement,
including Schedule "I", attached, is the entire agreement
between the pat-des as to the subject matter hereof and
supersedes all prior negotiations, agreements and understanding
relating to the subject matter of this Agreement. This Agreement
may only be modified or amended in writing. Email
communication constitutes a writing if intended by both parties to
be a writing under this paragraph.
S. ACCESS TO RECORDS and NNORKPRODUCT. Contractor 8. ASSIGNMENT. Client understands that it may not assign this
FROFESSIGINTAL SERVICES -4 P�EE IJE'
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50324599.1 A-2
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Agreement or its rights hereunder, or delegate any or all of its
duties under this Agreement without written authorization from
Contractor. Except for the use of sub-contractors to perform
services. Contractor understands that it may not assign this
Agreement or its rights hereunder, ,without written authorization
from Client.
9, LEGAL EXPENSES. In the event that legal action is taken by
either party to enforce any rights or remedies under this
Agreen-,ent, it is hereby agreed that the successful or prevailing party
sha11 be entitled to receive any costs, disbursements and reasonable
attorney's fees.
10. SEVERA2B1LlTY. In the event that any one or more of the
provisions contained in this Agreement shall be held invalid, illegal or
unenforceable in any respect, this Agreement shall be construed) as if
such invalid, illegal or unenforceable provisions had never been
contained herein, and the enforceability of the remaining provisions
contained herein shall not be impaired thereby.
11. BINDING EFFECT. The parties to this Agreement further agree
that the promises, covenants, and conditions herein shall be binding
upon the parties to this Agreement their heirs, assigns, successors,
administrators, and representatives forever.
12. INDEMNIFIC -4XION AND HOLD HARMLESS. Each party
.C'V
(Client, to the extent permitted by law) agrees to indemnify and
hold the other party, its heirs, assigns, .successors, administrator:,
and representatives harmless of and fi cm any and all claims,
actions, liabilities, losses, damages, suits or causes of action
brought by any third party, person or entity as a result of any
incident, event or occurrence Giving rise to such claims, to the
extent such claims, actions, liabilities, losses, damages, suits or
causes of action are caused by any negligent act, error or
omission of the indemnifying party or• any person or organization
for whom indemnifying party is legally liable.
13. LIMITATION OF LIABILITY. Contractor's liability for any
cause or combination of causes is, in the aggregate, limited to an
amount no greater than the fee paid to Contractor hereunder at-
available insurance coverage delineated herein, whichever is
greater.
14. GOVERNING LAW. It is understood and agreed by the
parties that this Agreement shall be governed by and enforced in
accordance with the laws of the State of Texas, and venue is
agreed to be in Guadalupe County, Texas.
IN WITNESS WHERE52fF, thi /Agreement was executed by the parties as of the Effective Elate,
GATEWAY PLA NIl',fe6 GROUP, INC.
Date: July 27,.2i310
(Authorized signature)
Scott Polikov
Its: President
CITY OF SCC-IERTZ. TEXAS
By: _ Date:
Dan E. Taylor
Its: City Manager
PR OFES SI0N. —A SERVICES A REE'= �� j
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Paze
Gatewa
Schedute "I"
Gateway Planning Group, Inc. shall undertake the tasks and provide the deliverables as follows:
MOFESSIONAL SE VICES AGREDAENT page 3
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Aprox
Fiscal year
Task Description
Month
Task Cost
subtotal
4. Fiscal 2010
$106,125.00
1 -a. Internal tean-, worksession regarding site
attributes for growth management and TOD initiative
and agreement on project outcomes, memo
document initial conclusions
Aug -'Ill
$15,125.00
1 _b follow up analysis of key sites-, selection of
subject site with staff; identification of general
constraints of subject sites along IH35 and lH10 and
prelinminary analysis of regional transportation
connections through tolwn between the two corriclors;
including accelerated analysisldeterrrination of RAIL
Station Location
Aug-Sept
2010
$32,000-00
1 -c- Internal team worksession to establish extent of
plan area of subject sites within respective IH35 and
IH,1 0 Corridors and identification of additional
constraints and opportunities
Sep-1 0
$22,750-00
'I -d- Market analysis for development potential of
Subject site including (i) potential branding strategy for
corridors and (ii) identification and engagement of
potential anchor destinations such as higher
Aug-Sept
education and healthcare
201G
$36,250-00
2. Fiscal 2011
$333,625.00
2-a. Development of Implementation Plan for potential
EDC involvernert, support and investment in subject
site (vehicles for land acquisition or support for third
party, in,-iestment: identify potential for landowner
partnerships', identify, potential investorldeveloper
partners.- develop alternative strUCtUreS for
Oct-Dec.
deployrn'e,nt of development authority)
2010
39,625.00
MOFESSIONAL SE VICES AGREDAENT page 3
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EC aU
2.b. Preparation for and facilitate 4-day design
%tiorkshop, including key stakeholders respectively for
11135IStation Area, inctuding refinement of rail station-
area designation in coordination with the Lone Star
Rail District—
Nov -10
570-500.00
2,c, Refinement of concept plan for IH35!Rail Station
Area with streetiblock plan, general character zones,
street typesicross-sections, A/B street type plan,
basic building types, conceptual greenspace plan;
Jan.-Feb
and 2 color renderings
2011
154&,750,00_
2.d. draft new ordinance with form-based zoning and
development standards for 11-135IRail Station Area
Feb.-Apdl
S40,375.00
2-e.. Develop recommended development initiative
structure (for Phase 4) based on previous tasks
Feb. - May
2011
$29,500.00
21 Preparation for and facilitate 4-day design
workshop including key stakeholders respectively for
IHIO Plan Area
relay -June
2011
$70,500.00
2-g- Preparation for and Presentation of IH35IRail
Station Plan (comp plan arnenclaient) and
Development strategy to Council and EDC Board for
adoption and endorsement of development phase
(includes I prior joint council P&Z worksession -
additional meetings hourly fee)
May-June
20,11
517,37 t .00
2.h. Rezoning process for adoption of new zoning
code for IH351Rail Station Area (assumes 3 joint
presentations to P&Z and Council for IH35/Rail
Station plan area - extra meetings billed hourly)
June-July
2011
S17.000.00
3. Fiscal 2012
$159,000
3.a. Refinement of concept plan for IHIO plan area
with slreet/block plan, general character zones, street
brpesicross-sections, AIB street type plan, basic
building types, conceptual greenspace plan, and 2
color renderings
Sept.-Oct.
201",
$48.7C�Ci_00
i.b. dram nevi ordinance with form-based zoning and
Sept.-Oct.
developrnent standards for IH 10 Plan Area
2011
$401.375-00
3-c. Project future tax base from buildout of plan and
identify infi-astructureMevelop estimates of probable
osi -ioritized infrastructure investment strategy
cost for pi
Sept.-Oct.
2011
$3 5, 500 . (30
DROFESSIUNA-L SEPNICES AGREEMENT Page 4
50324599.1 A-5
GaI lew,
t' a.,
3-d. Preparation for and Presentation of IHIG Plan
(comp plan arnendment) and Development strategy to
-OUncil and EDC Board for adoption and.
endorsement of developnnent phase (includes I prior
Joint council PAZ worksession - additional meetings
Oct--Nov.
hourly fee)
20,11
$17,17 SMj
3-e. Rezoning process for adoption of new zoning
code for IM 0 Plan (assures 33 joint presentations to
P&Z and Council for IH35 ' !Rail Station plan area -
Oct,-Nov.
extra meetings billed hourlo
20.11
$173000-00
Labor Total (does not include out of pocket
expenses including but not limited to
reprographics, travel, supplies, charrette
facilities, etc.)
$598,750.00
Ex en es (Approximately 15% of labor)
$89,813.00
Client shall perform tasks or secure additiollaa services, as necessary for implementation of the Sel-fices as described
herein. Contractor is not providing legal services in arlyWay, accordingly, legal review of the Contractor's work may be
necessary.
PR _T
OFEY�IGN LSE -1JICESAGR=D,,E-N Page 5
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