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HomeMy WebLinkAboutContract 1876
INCORPORATED
CONSULTING PLANNERS
LANDSCAPE ARCHITECTS
300 FIRST AVENUE NORTH
SUITE 210
MINNEAPOLIS, MN SS401
612.339.3300
September 28, 2005
Mayor and Members of the City Council
c/o Mr. Bob Streetar, Deputy Executive Director
City of Columbia Heights
590 40th Avenue North
Columbia Heights, MN 55421
Subject: Agreement for Planning Services
Dear Mr. Streetar:
This letter of agreement between the City of Columbia Heights (the City) and Dahlgren,
Shardlow and Uban, Inc. (DSU) is for planning services to guide the future of the Sheffield
Neighborhood Planning Area. This area is bordered on the west by Central Avenue, on the north
by 4ih Avenue NE and the new Grand Central Lofts project, on the east by the lots fronting on
the east side of Johnson Street and Keyes Park and on the south by 45th Avenue NE.
ARTICLE 1: SCOPE OF SERVICES
DSU will work with the City Council, Planning Commission and a designated Redevelopment
Advisory Committee to fully understand the planning issues, problems and opportunities facing
the future redevelopment of this area, including particularly an analysis of the market conditions
and opportunities that are present in this neighborhood. A prioritized set of issues will be
established, along with a clear set of goals and objectives culminating in a redevelopment plan.
The objectives ofthis redevelopment plan will include but not be limited to:
· Dealing effectively with the adverse secondary effects associated with the current high
concentrations of rental properties
· Determine the most beneficial mixture and pattern of land use development, as well as the
most cost effective methods of redevelopment
· Explore the opportunity to provide more employment opportunities for residents within
walking distance of transit and other uses
. Provide new housing choices within the city, in particular life cycle housing
· Reestablish, if not increase, the use of transit, and provide more amenities to encourage
walking and biking
· Involve the community in determining the best type of redevelopment for the Subject
Property, recognizing its context related to the adjacent Grand Central Lofts redevelopment
and the potential redevelopment of the Central Avenue corridor within the City of Hilltop.
· Cooperatively work with affected units of government and, in particular, establish the basis
for funding through the Metropolitan Council's Livable Communities Grant Program.
H:\ProjectsIProjectsIHeritage Heights NeighborhoodlDSU Proposal\Draft Contract 9--27-2005. doc
Mr. Bob Streetar
September 28, 2005
Page 2
PROJECT DESCRIPTION
The project description responds to the objectives of the project. We believe that our methodology
will produce a meaningful, cost effective and responsive plan for the City of Columbia Heights. The
project consists of the following four phases:
Phase I:
Phase II:
Issue Identification/Community Goals/ Articulation of Public Purpose
Preliminary Concept Plan Development / Affinnation of Community Goals and
Public Purpose / Establishment of Design Principles
Evaluation of Alternatives
Implementation of Preferred Alternative
Phase III:
Phase IV:
Redevelopment Advisory Committee meetings and City Council updates will take place at
regular intervals throughout the project. Financial feasibility analysis, and commwncations
activities will also occur during all stages. DSU will work with the City staff and other
specialized legal and financial consultants through the course of this work.
PHASE I:
ISSUE IDENTIFICATION/COMMUNITY GOALS/ARTICULATION OF
PUBLIC PURPOSE
An important initial step in Phase I will be the establishment of a Redevelopment Advisory
Committee to act as an advisory group to the project and ensure effective commwncations
between interested parties. Another early component to the project is the adoption of a
communications plan. A planning analysis will be undeliaken that focuses on existing conditions
in the project area in terms of land use, transportation, public services, natural systems,
infrastructure, plans and regulatory controls.
Task 101: Project Initiation Meeting.
The primary purpose of tIns meeting is to address administrative and coordination concerns
related to carrying out this planillng effort:
. Confirm project goals and objectives
. Refine the project description
. Clarify contractual interpretation
· Review individuals' roles and responsibilities
· Confirm membership of the Redevelopment Advisory Committee, and
· Establish a project schedule and a basis for all participants to work together to ensure a
successful project.
The project initiation meeting will be held with the Community Development Director and other
staff members and consultants, as needed.
End Product: A clear understanding of project parameters and process by all parties.
Mr. Bob Streetar
September 28, 2005
Page 3
Task 102: Analysis of Existing Conditions and Development Pattern, Review of
Existing Studies and Regulatory Controls
Existing land use, transportation, public facilities, natural systems, infrastructure, plans and
regulatory controls will be analyzed for the area surrounding the Subject Property site. This task
will also include a visual assessment of the Study Area and the identification of opportunities to
both create positive views and strengthen and reinforce existing, positive views and images
End Product: Base maps of the project area and a memorandum summarizing the existing site
conditions in the project area, and relevant planning issues and policies.
Task 103: Conduct Market Analysis to Determine Redevelopment Potential
An examination of the site's location, surrounding land uses, and conditions will be conducted.
Potential market areas and market conditions for different types of uses at the site, including, but
not limited to, residential, commercial office and retail will be identified.
End Product: A recommended mix of uses that optimizes use of the space, recognizes potential
synergies that may occur through a mix of uses, and is sensitive to the City's policies for project
financing.
Task 104: Synthesis of Tasks 101-103
A synthesis ofthe analysis conducted in Phase I will be produced that objectively highlights the
opportunities and constraints existing in the project area.
End Product: A summary memorandum describing the opportunities and constraints of the
project area.
Task 105: Redevelopment Advisory Committee Meeting - Issue Identification and
Prioritization, Evaluation of Phase I Findings
The consultants will facilitate a workshop that will begin by having the participants identify and
prioritize the issues that will affect this project. This will be followed by a presentation to the
Development Advisory Committee of the Phase 1 findings. The session will conclude with some
visioning exercises intended to support the establishment of a project vision statement.
End Product: A prioritized list of project issues and an update to the Redevelopment Advisory
Committee outlining the key findings of Phase 1, as well as a Project Vision Statement to guide
the remainder of the project.
Task 106: Presentation to the Planning Commission and City Council
A presentation will be made to the Planning Commission and the City Council of Phase 1
findings. The Commission and Council members will also participate in issue identification and
visioning exercises that will be compared to those completed by the Advisory Committee.
End Product: A report to the Planning Commission and City Council outlining the key findings
of Phase 1 and articulating the Community's vision for the redevelopment of the Study Area.
Mr. Bob Streetar
September 28, 2005
Page 4
PHASE II: PRELIMINARY CONCEPT PLAN DEVELOPMENT, AFFIRMATION OF
COMMUNITY GOALS AND PUBLIC PURPOSE, STATEMENT OF
GUIDING DESIGN PRINCIPLES
In Phase II a number of concept plans for redevelopment will be developed and presented to a
community forum for input and refinement. Specific tasks in Phase II will include:
Task 201: Preliminary Goals and Objectives, Vision Statement
The consultant will prepare a preliminary set of goals and objectives, as well as a vision
statement, based on all of the input received to date. These goals and vision statement will be
presented to the Advisory Committee, Planning Commission and City Council and will be
discussed, but they will not be finalized pending the results of Task 202.
Task 202: Community Open House/Issues Forum
A public workshop will provide a forum to involve local residents and other stakeholders in a
meaningful dialogue about the future of the Subject Property. The primary intent of the
workshop is allow stakeholders to identify and rank issues and share their concerns, as well as
their hopes and aspirations about the future of the Study Area. The exercises that will be
conducted will not be identical to those conducted by the Advisory Committee, Planning
Commission and City Council, but they will determine if the community representatives and
elected and appointed officials view the area and its opportunities and constraints similarly.
Task 203: Development of Concept Plans
A workshop will be held with all consultants involved in the project in order to work through the
results of the Phase I analyses and formulate concept plans for redevelopment of the project area.
End Product: A number of schematic redevelopment plans for the project area. These concept
plans will include schematic depictions of potential land use and development patterns, open
space systems, building types and placement, pedestrian improvements, transit facilities,
development alternatives for the Subject Property, potential use mixes, amenities, streetscape
elements, and housing options. The concept plans will also provide the general outlines of
necessary changes to regulatory controls, available fimding options, potential design standards
and guidelines, and promotional strategies.
End Product: Broad-based community awareness or the priority of issues and objectives,
community involvement in the planning and design process, and concept plans responsive to the
community's goals and vision statement.
PHASE III: EVALUATION OF ALTERNATIVES
Phase III will be used to select a preferred option from the concept plans for redevelopment
fornmlated and refined during Phase II. Specific tasks in Phase III will include:
Mr. Bob Streetar
September 28, 2005
Page 5
Task 301: Redevelopment Advisory Committee Workshop to Evaluate Concept Plans
and Recommend a Preferred Option/Community Open House
The Consultant will present all of the development concepts to the Redevelopment Advisory
Committee. The Committee will review and discuss the alternatives and then host a community
open house. During this open house, community members will be invited to share their opinions
about the various alternatives and identify their preferred alternative. Following this open house,
the Advisory Committee will reconvene and develop a recommendation to the City Council of
the preferred option.
End Product: Development of a recommendation of a preferred concept redevelopment plan by
the Consultant and summary of review comments by the Redevelopment Advisory Committee.
Task 302: Presentation to City Council of Preferred Concept Redevelopment Plan
A presentation will be made to City Council of the recommended concept redevelopment plan
and the Redevelopment Advisory Committee's recommended preferred option.
End Product: Endorsement by City Council of the preferred concept redevelopment plan that
will be further refined into the final redevelopment master plan.
Task 303: Preparation of a Technical Memorandum of Key Planning Issues
A working memorandum will be prepared summarizing key elements of the redevelopment
process. These may include necessary changes to the Comprehensive Plan, necessary changes to
the zoning map and related city ordinances, capital improvements funding needs and strategies
(streetscape, stormwater management), development financing issues, design standards and
guidelines, and promotional strategies.
End Product: A technical memorandum detailing key aspects of the redevelopment master
planning process to be presented to the Planning Commission and City Council.
Task 304: Redevelopment Advisory Committee Meeting - Evaluation of Technical
Memorandum
The memorandum will be presented to the Redevelopment Advisory Committee for evaluation
and referral to City Council.
End Product: Referral to City Council by Redevelopment Advisory Committee of working
memoranda of key redevelopment elements
Task 305: Planning Commission and City Council Review and Approval of Technical
Memorandum
The memorandum will be presented to the Planning Commission and City Council for review
and approval.
End Product: Approval by City Council of key elements of the eventual redevelopment master
plan.
Mr. Bob Streetar
September 28,2005
Page 6
PHASE IV: IMPLEMENTATION
In Phase IV, the final, approved Redevelopment Plan will be presented to the public. The
consultant will prepare a detailed implementation strategy that will include as necessary
comprehensive plan amendment, zoning changes, the preparation and adoption of design
standards. It will also suggest an approach to developer selection
Task 401: Public Open House
The final redevelopment master plan will be presented to the public at an open house.
End Product: Communication of the intent, goals, and specific components of the final
redevelopment plan to the public at large so that it can view the results of the combined efforts of
the community, the consultants and the City.
ALL PHASE ACTIVITIES
The following activities will take place throughout the planning process:
Task 501: Project Communications
Ongoing, effective project communications will be critical to the success of the redevelopment
master plmming process. Project communications will begin with the development of a
communications plan that will identify the critical communications issues, audiences and
messages and ongoing strategies to successfully address communications needs.
Communications products will include Q&A newsletters to community members and other
stakeholders at critical points in the project. The project Team will hold regularly scheduled
meetings to monitor and ensure progress throughout the process. Individual members of the team
may be called upon to prepare portions of the project communications materials at given points
within the process.
End Product: A communications plan developed in coordination with City staff and officials will
layout a blueprint for effective ongoing communications during the redevelopment master
planning process. Q&A newsletters will be developed at critical points in the project to answer
critical questions, forecast key messages, provide updates and keep the public and other critical
audiences informed and involved.
ARTICLE 2: COST OF SERVICES
The cost of DSU's services will be billed to you montWy for the work completed during the
previous month on a time plus materials basis according to the attached Standard Rate Schedule.
We estimate and agree the cost of our services will not exceed $50,000 plus reimbursable
expenses.
Work will be performed in accordance with the hourly rates shown on the attached Standard
Rate Sheet.
Mr. Bob Streetar
September 28, 2005
Page 7
ARTICLE 3: REIMBURSABLE EXPENSES
DSU will be reimbursed for all direct expenses relating to the professional services described
above according to the attached Standard Rate Schedule. These expenses may include drafting
and art supplies, mileage, postage, delivery charges, photography and reproduction charges, fax,
long distance phone, and other typical and normal expenses associated with this type of planning
work. Any unusual or large expenses will be approved in advance.
ARTICLE 4: ADDITIONAL SERVICES
The following services are not included in our base proposal and will be considered additional
services if authorized by the Client. The fees may be adjusted by means of a supplementary
agreement to this contract.
· Additional meetings beyond those outlined in the work program.
· Any other services provided beyond those outlined in the basic scope of services.
The client can request that we provide additional services in the form of meetings, presentations,
detailed plans, additional conceptual plans, submittal preparation, neighborhood meetings,
construction drawings for landscape features, sign design, specialty feature design, lighting,
marketing plans, prospective sketches, photography, etc. The cost of these services will be on a
time plus materials basis or as negotiated with the client.
ARTICLE 5: TERMINATION
Either Client or DSU may terminate this Agreement upon seven days written notice;
If terminated, Client agrees to pay DSU for all Basic and Additional Services rendered and
Reimbursable Expenses incuned up to the date of termination.
Upon not less than seven days' written notice, DSU may suspend the performance of its services
if Client fails to pay DSU in full for services rendered or expenses incurred. DSU shall have no
liability because of such suspension of service or termination due to nonpayment.
ARTICLE 6: DISPUTE RESOLUTION
Client and DSU agree to mediate claims or disputes arising out of or relating to this Agreement
as a condition precedent to litigation. The mediation shall be conducted by an appropriate
mediation service acceptable to the parties. A demand for mediation shall be made within a
reasonable time after a claim or dispute arises and the parties agree to participate in mediation in
good faith. Mediation fees shall be shared equally. In no event shall any demand for mediation
be made after such claim or dispute would be barred by the applicable law.
Mr. Bob Streetar
September 28, 2005
Page 8
ARTICLE 7: OWNERSHIP OF DOCUMENTS
All instruments of professional service prepared by DSU, including, but not limited to, drawings
and specifications, are the property of Client, and these documents shall not be reused on other
projects without DSU's written permission. Client or others cannot use DSU's documents to
complete this Project with others unless DSU is found to have materially breached this
Agreement. Documents may not be sold or otherwise transferred to anyone.
Upon completion of the work, the DSU shall deliver to the Client one paper copy and one
electronic copy of the plans and specification pertaining to the work, for future reference, such as
maintenance or any future changes in design that might require construction or excavation, if
applicable.
DSU reserves the right to include representations ofthe Project in its promotional and
professional materials.
ARTICLE 8: GOVERNING LAW
This Agreement is governed by the law ofthe state in which the Project is located.
ARTICLE 9: ENTIRE AGREEMENT AND SEVERABILITY
This Agreement is the entire and integrated agreement between Client and DSU and supersedes
all prior negotiations, statements or agreements, either written or oral. This Agreement may be
amended only by written instrument signed by both Client and DSU.
In the event that any term or provision of this agreement is found to be void, invalid or
unenforceable for any reason, that term or provision shall be deemed to be stricken from this
agreement, and the balance of this agreement shall survive and remain enforceable.
ARTICLE 10: NO ASSIGNMENT
Neither party can assign this Agreement without the other party's written permission.
Notwithstanding any other term in this Agreement, DSU shall not control or be responsible for
another's means, methods, techniques, schedules, sequences or procedures, or for construction
safety or any other related programs, if applicable, or for another's failure to complete the work
in accordance with the plans and specifications.
Construction-phase services, if applicable, will be provided to determine the general progress of
the work, but will not include supervision of the contractors, or of their means, methods,
techniques, schedules, sequences or procedures, or for construction safety or any other related
programs. DSU maintains the right but not the duty to recommend that Client reject work that
does not appear to conform generally to the plans and specifications. DSU shall not have any
liability for recommendations made in good faith.
Mr. Bob Streetar
September 28, 2005
Page 9
If construction-phase payment certification services are included in this agreement, such
certifications for payment shall be a representation to the Client that, to the best of DSU's
knowledge, information and belief, the work has progressed to approximately the point
indicated. Such celiification shall be subject to any noted qualifications by DSU and shall not be
a representation that DSU has supervised the work, reviewed means, methods, techniques,
schedules, sequences or procedures, or for construction safety or any other related programs of
the contractors, or that DSU has reviewed how or for what purpose the contractor has used or
intends to use the contract funds.
ARTICLE 11: WAIVERS OF CONSEQUENTIAL DAMAGES
In addition, Client and DSU waive all claims against each other to the extent covered by any
applicable insurance during design or construction.
ARTICLE 12: CLIENT'S RESPONSIBILITY FOR MAINTENANCE
Client acknowledges and agrees that proper Project maintenance is required after the Project is
complete. A lack of or improper maintenance in areas such as, but not limited to, may result in
damage to property or persons. Client further acknowledges that, as between the parties to this
Agreement, Client is solely responsible for the results of any lack of or improper maintenance.
ARTICLE 13: NO THIRD PARTY BENEFICIARIES
Nothing in this agreement is intended to create a contractual relationship for the benefit of any
third party. There are no intended beneficiaries of this agreement except DSU and Client.
If this agreement meets with your approval, please sign both copies and return one to us for our
records.
CONDITIONS HEREIN AGREED TO:
DAHLGE SHARDLOW A D UBAN, INC.
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Attachments: Standard Rate Sheet, Billing Policy
DAHLGREN, SHARD LOW AND UBAN, INC.
STANDARD RATE SCHEDULE
2005
STAFF MEMBER RATE
Principal $150.00 to $200.00
Market Analyst $75.00 to $125.00
GIS Specialist $60.00 to $85.00
GIS Technician $45.00 to $65.00
Senior Planner $55.00 to $115.00
Planner $40.00 to $80.00
Landscape Architect $55.00 to $120.00
CADD Specialist $50.00 to $75.00
Draftsperson/Designer $40.00 to $85.00
Administrative Accountant $40.00 to $65.00
Administrative Assistant $40.00 to $60.00
Outside Consultants Cost Plus 5%
Supplies Cost Plus 15%
Expenses Cost Plus 15%
Mileage $0.485 Per Mile
Travel Time Over 1 Hour 1/2 Hourly Rate
Expert Testimony Two Times Hourly Rate
(4 hour minimum)
Special Counsel Howard
Dahlgren $200.00
Past Due Accounts 1.5% Per Month
H:\Projects\Projects\Heritage Heights NeighborhoodlDSU Proposal\Draft Contract 9--27-2005. doc
DAHLGREN
SHARDWW
AND.UBAN
INCORPORA TED
BILLING POLICY STATEMENT
We are pleased to have the opportunity to provide professional services to you. With this Statement, we hope
to avoid confusion or misunderstanding by explaining how and when we bill for these services.
Usually, we bill for our services in a range of hourly rates. The appropriate rate is dependent upon a variety of
factors, such as the type of work involved, the level of expertise required, the experience of the individuals
involved, and the magnitude of the project. Our rates are subject to modification from time to time.
We will provide you with a monthly invoice that summarizes the professional services that we have provided
and other related charges. Payment is due net 30 days. If payment is not received during that time, it is our
policy that finance charges of 1.5% will begin to accrue. If you have any questions or concerns about the
statement, we encourage you to immediately contact the Project Manager or the Billing Department (612/312-
2139). If you prefer, you may also contact either C. John Uban or John Shardlow directly.
Reimbursable costs incurred on your behalf will also appear on your monthly invoice. Reimbursable costs
include, but are not limited to, such items as mileage, parking, long distance telephone charges, drafting and art
supplies, postage and messenger services, facsimile charges, photography and copying charges, airfare and
lodging, data acquisition, as well as any authorized outside services. These charges will appear separately on
the invoice and also have the same payment terms as stated above. Any unusual or large expenses will be
approved in advance.
If payment is not received within 30 days after you receive your invoice, your account will be considered
delinquent. In the event your account becomes delinquent, you should contact us without delay and we will
make every effort to reach mutually agreeable payment terms. If however, we are unable to do so, we reserve
the right to cease working on your project until your account is current, or terminate our agreement. We will
then take such collection steps as we may deem appropriate under the circumstances. Costs incurred to collect
overdue accounts will become the responsibility of the client.
We are very pleased to be working with you and we appreciate the confidence you have placed in us. We will
make every reasonable effort to achieve successful results for you and we look forward to a continued good
relationship.