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12-R-03A Amendment to the Professional Services Agreement with Gateway Planning Group, Inc.RESOLUTION NO. 12-R-03A A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH GATEWAY PLANNING GROUP, INC., AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City") has previously entered into a Professional Services Agreement with Gateway Planning Group, Inc. ("Gateway") to assist the City in a master plan for North and South Schertz; and WHEREAS, the City staff of the City has determined that the City requires professional master planning services from Gateway relating to the expansion of the North Schertz project and FM 78 & Main Street project and that such services would best be provided as Additional Services under the City's existing Professional Services Agreement with Gateway; 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 amend the existing Professional Services Agreement with Gateway. 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 execute and deliver an amendment to the Professional Services Agreement with Gateway to add master planning services relating to the expansion of the North Schertz project and the FM 78 & Main Street project as Additional Services, for a fee of $73,550 and for a total revised amount of $787,113 and a total not to exceed amount of $863,324. 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 conshved 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 soa~os9a.r -1- 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. PASSED AND ADOPTED, this 17~h day of January, 2012. ATTEST: ~f ~L' ~/ "'~ ~ City Secretary (CITY SEAL) CITY OF SC~HERTZ, TEXAS soa~oava.~ -2- GATEWAY PLANNING GROUP, Inc. 101 Summit Avenue, Suite 606 Fort Worth, Texas 76102 (817) 348-9500 www.gatewayplanning.com AUTHORIZATION FOR PROFESSIONAL SERVICES PROJECT: Schertz IH35/IH10 Initiative CLIENT: City of Schertz, Texas ADDRESS: Mr. David J. Harris, Assistant City Manager City of Schertz, Texas 1400 Schertz Parkway Schertz, Texas 78154 NUMBER: Amendment No. 1 Client hereby requests and authorizes Gateway Planning Group (Contractor) to perform the following services: SCOPE: Commencing January 18, 2012, the contractor and its subcontractors shall undertake the tasks and provide the deliverables as follows: Expanded North Schertz Planning Area Deliverables Month Tasks Total 1. Assess existing conditions for the additional Memo summarizing the existing Feb 2012 plan area for North Schertz (south of I-35 and conditions for the additional plan $1 900 northeast of current plan area) area (land uses, transportation, , and infrastructure 2. 1-day planning workshop for the additional Conduct the 1-day workshop and Feb / plan area (south of I-35 and north east of public meeting March current plan area) (includes one 2012 $13 800 public/stakeholder meeting to develop a , concept plan to include with rest of the FBC tannin area lus re time for worksho • Develop a draft framework concept plan with land March/Apri ~ use/character zones, street 12012 $3,800 networks, open spaces, and 3. Refinement of conce t Ian other ublic infrastructure • Drait the comp plan amendment May -July 4. Coordination with FBC for rest of the I-35 and ordinance amendments with 2012 $4 850 plan area the rest of the North Schertz , Ian Total excludin ex enses $24,350 Schertz Downtown Implementation Plan Tasks Deliverables Month Total 1. Project Kick-off and Preliminary analysis • Memo summarizing the prior Feb 2012 a. Review prior work undertaken by TBG work and preliminary (downtown plan report and draft guidelines) assessment of existing $5 300 including brief analysis of background conditions (land use, , information, existing conditions, etc. transportation, infrastructure, etc. b. Meeting with city to review prior work Conduct kick-off meeting and Feb 2012 undertaken and any major issues identified identify major issues (with a including any modifications to the draft master summary memo on major $2,600 Ian issues 2. Downtown master Ian refinements a. Conduct initial meetings (one day) with Conduct one-day workshop and Feb/March identified stakeholder groups and property refine the original master plan for 2012 owners to understand key issues for Downtown and Hwy 78 $5,200 redevelopment including TxDOT ROW issues alon H 78 b. Prepare any refinements to the Downtown Prepare exhibits with final master March/April Master Plan based on staff and stakeholder plan, character zones, public 2012 input. Develop conceptual drawings for improvements and conceptual $8,700 redesign of Hwy 78 (to be more context cross sections for Hwy 78 sensitive . c. Prepare a summary memo of refinements Prepare summary memo April 2012 to Downtown Master Plan, stakeholder input, including draft regulatory and implementation recommendations framework $5,900 includin a draft re ulato framework d. Preliminary meeting with TxDOT to review Conduct TxDOT meeting and March 2012 concept plans for Hwy 78 summary input received at the $1,800 meetin 3. Present Refined Downtown Master Plan Present at joint meeting, ApriUMay 2012 and implementation framework to joint summarize comments and refine $2 600 meeting of City Council and PRZ. master plan and framework , based on in ut 4. Develop Form-Based Code and infrastructure riorities a. Develop draft Form-based code based on Draft code submitted to staff for May -July final illustrative master plan and regulatory review 2012 $9,700 framework b. Develop a list of infrastructure Draft report (with maps) May 2012 improvements needed to implement the identifying prioritized $4 500 Master Plan including priorities infrastructure and planning level , cost estimates 5. Review and Adoption of FBC a. Review draft form based code with City Conduct 1 meeting with staff and Aug 2012 Staff, City Council, P&Z, and key property make revisions to draft code ownerslslakeholders (1 meeting with staff; 1 based on input joint meeting with Ciiy Council and P&Z; and Finalize draft code for City a public open house for all impacted property Council and PRZ meeting $2,500 owners) (to be undertaken with the adoption Present draft code at joint City of the North and South Schertz Area Plans) Council and P&Z meeting (charged only for public open house for Summarize input received at Downtown) meetin b. Finalize code based on review comments Final draft of code based on Sept 2012 (1 major revision- additional revisions hourly) comments $2,400 c. Support adoption of code (3 meetings -1 . Attend meetings Oct -Nov 2012 P&Z, and 2 City Council-- extra meefings hourly) (to be undertaken with the adoption of 0 the North and South Schertz Area Plans Total (excluding expenses) $49,200 Other: Hourly support for Sedona Project and related TIF and infrastructure Client agrees to pay Contractor a fee not to exceed $25,000 billed on an hourly basis (hourly rates established in this amendment). The Client shall perform tasks, or secure additional services, as necessary for implementation of this authorization of professional services. Contractor is not providing legal services in any way; accordingly, legal review of the Contractor's work may be necessary. Original Contract Tasks, Deliverables, and Timelines (No change in the original contract tasks or costs) 2. Fiscal 2011 Tasks Month Deliverables 2.a. Development of Implementation Plan for potential EDC involvement, support and investment in subject site (vehicles for land acquisition or support for third party investment; Create a plan document with specific identify potential for landowner May -June 2012 implementation recommendations partnerships; identify potential Identify properties for city acquisition investor/developer partners; develop alternative structures for deployment of development authorit 2.c. Refinement of concept plan for IH35/Rail Station Area with streeWlock plan, general Develo final com rehensive framework character zones, street plan (character zones, street network, types/cross-sections, A/B street Feb -April 2012 etc.) and regulatory framework document type plan, basic building types, including a draft regulating plan conceptual greenspace plan; and Develo 2 renderin s p 9 2 color renderin s 3.a. Refinement of concept plan for IH10 plan area with Develop final comprehensive framework street/block plan, general plan (character zones, street network, character zones, street Feb/April 2012 etc.) and regulatory framework types/cross-sections, A/B street document(s) for the different character type plan, basic building types, zones conceptual greenspace plan; and Develop 2 renderings 2 color renderin s 3. Fiscal 2012 2.d. draft new ordinance with Develop draft regulatory ordinances (FBC form-based zoning and May -July 2012 and conservation ordinance) and development standards for rezoning strategy for design team and IH35IRail Station Area staff review. 3.b. draft new ordinance with Develop draft regulatory ordinances (FBC, form-based zoning and Ma Jul 2012 y y conservation ordinance, and other) and development standards for IH10 rezoning strategy for design team and Plan Area staff review. 2.e. Develop recommended Draft memo with recommendations on development initiative structure May -June 2012 development structure with internal for Phase 4 based on revious ( ) P meeting with city staff to review tasks recommendations 3.c. Project future tax base from Draft fiscal impact report including buildout of plan and identify probable cost estimates for prioritized infrastructure/develop estimates May -June 2012 infrastructure. of probable cost for prioritized infrastructure investment strate 2.g. Preparation for and Presentation of IH35/Rail Station Plan (comp plan amendment) and Drak North Schertz area plan report Development strategy to Council (includes preliminary, market and EDC Board for adoption and August -Sept 2012 assessment, recommendations for land endorsement of development use, transportation, open space, phase (includes 1 priorjoint infrastructure, and implementation) council P&Z worksession - additional meetin s hourl fee 3.d. Preparation for and Presentation of IH10 Plan (comp plan amendment) and Draft South Schertz area plan report Development strategy to Council (includes preliminary, market and EDC Board for adoption and August -Sept 2012 assessment, recommendations for land endorsement of development use, transportation, open space, phase (includes 1 prior joint infrastructure, and implementation) council P&Z worksession - additional meetin s hour) fee 2.h. Rezoning process for adoption of new zoning code for IH35/Rail Station Area (assumes Revise draft ordinances based on staff 3 joint presentations to P&Z and Oct -Nov 2012 and community input and attend meetings Council for IH35/Rail Station plan to support the adoption of the ordinances area -extra meetings billed hour) 3.e. Rezoning process for adoption of new zoning code for IH10 Plan (assumes 3 joint . Revise draft ordinances based on staff presentations to P&Z and Council Oct -Nov 2012 and communit in ut and attend meetin s y P 9 for IH35/Rail Station plan area - to support the adoption of the ordinances extra meetin s billed hour) CONTRACT (Amendment No. 1)-Gateway Planning Group, Inc.-Page 3 FEES: A fixed fee of $73,550.00 shall be paid to Contractor by Client for the above delineated tasks. Travel, reprographics and other ordinary expenses shall be paid by Client to Contractor for reimbursement of costs incurred. Contractor will invoice client once a month for the fixed fee pursuant to a percentage compleiion of the tasks delineated plus any ordinary expenses incurred. For the Sedona Project and any work directed by Client in writing to Contractor beyond the scope of this coniract, Contractor shall be compensated at the rate of $275 per hour for principals, $225 per hour for senior designers and planners, $175 per hour for designers and planners, and $105 per hour for professional support staff, unless alternative terms are agreed to by the parties. DURATION and APPLICABILITY: This contract leaves in full force and effect the remaining tasks, budget and agreed to terms for the execution of those tasks delineated in the original contract dated July 27, 2010. Services covered by this authorization shall be performed in accordance with PROVISIONS stated below. Accepted for Client, Title: L,~ ~yt,~e.cyL, Date: II ZS Ili 0 Approved for GATEWAY PLANNING GROUP, Inc. sy: ~~~" Title: Scott Polikov, President Date: 1.19.12 PROVISIONS (Amendment No. 1)-Gateway Planning Group, Inc.-Page 4 1. PROFESSIONAL STANDARDS. Contractor shall be responsible, to the level of competency 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. 2. 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 Contractor in full for all work previously authorized and performed prior 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 requirements of this Agreement. 3. ACCESS TO RECORDS and WORKPRODUCT. Contractor agrees that Client shall, until expiration of one (1) year after final payment by Client to Contractor, have 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 (4t3) 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. Contractor shall retain sole ownership of source files, 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 the 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. 4. INSURANCE. During the term of this Agreement and for two (2) years therea(ler, Contractor shall keep in force General Liability and Professional Liability Insurance coverage up to $1,000,000.00 per occurrence and $7,000,000.00 in aggregate total coverage, respectively. 5. ASSIGNMENT. Client understands that it may not assign this 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. 6. LEGAL EXPENSES. In the event that legal action is taken by either party to enforce any rights or remedies under this Agreement, it is hereby agreed that the successful or prevailing party shall be entitled to receive any costs, disbursements and reasonable attorney's fees. 7. SEVERABILITY. 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. 8. 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. 9. INDEMNIFICATION AND HOLD HARMLESS. To the extent permitted by law, each party agrees to indemnify and hold the other party, its heirs, assigns, successors, administrators, and representatives harmless of and from 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. 10. LIMITATION OF LIABILITY. Contractors 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 or available insurance coverage delineated herein, whichever is greater. 11. 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. 12. BUDGETED CURRENT REVENUE. All payment obligations of the Client will be made solely from budgeted current revenue of the Client.