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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. - -.=- , .,"~,~, -"", .=-- ~,._-","=~"~-,=-,==.,==-"~,~",.=="-,,,=,,,-,".=.,,,",,,,,,,=.,,,,.._=."~~,,='"_.=====~-,=-"'.,,=,,~--,,==.=~"'"-=""-'""="'".."'""=,,. ;;!i~._._~~-~~- I 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.