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HomeMy WebLinkAboutOrdinance No. 03-1428 CITY OF THE COLONY, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH DUNKIN~ SIMS~ STOFFELS~ INC. FOR THE DEVELOPMENT OF THE TRAIL MASTER PLAN IN AN AMOUNT NOT TO EXCEED $40,000.00; ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the City Manager of the City of The Colony, Texas is hereby authorized to execute on behalf of the City a contract with Dunkin, Sims, Stoffels, Inc. for the development of the Trail Master Plan in an amount not to exceed $40,000.00. The approved form of contract is attached hereto as Exhibit "A", and made a part hereof for such purposes. SECTION 2. This Ordinance shall take effect immediately from and after its passage by the City Council of the City of The Colony, Texas. DULY PASSED AND APPROVED by the City Council of the City of The Colony, Texas this 6th day of January, 2003. APPROVED: Christie Wilson, Deputy City Secretary APPROVED AS TO FORM: ' ~G~do~Iikel; ~ttiorney CONTRACT FOR LANDSCAPE ARCHITECTURAL SERVICES This CONTRACT is made and entered into this _l~_~ day of -~/%0.., 2003, by and between the City of The Colony, hereinafter called the CITY, and Dunkin Sims Stoffels, Inc., a Texas corporation, hereinafter called the LANDSCAPE ARCHITECT. RECITALS This CONTRACT is applicable to the furnishing of landscape architectural/park planning services by the LANDSCAPE ARCHITECT for the The Colony City Wide Trail Master Plan (the "Project"). CONTRACTUAL UNDERTAKINGS Section I Employment Of LANDSCAPE ARCHITECT I. Employment Of The LANDSCAPE ARCHITECT The CITY hereby agrees to retain the LANDSCAPE ARCHITECT to perform professional landscape architectural services in connection with the Project; LANDSCAPE ARCHITECT agrees to perform such services in accordance with the terms and conditions of this CONTRACT. II. Scope Of Services The parties agree that LANDSCAPE ARCHITECT shall perform such services as are set forth and described in Exhibit "A", which is attached hereto and thereby made a part of this CONTRACT. The parties understand and agree that deviations or modifications in the form of written change orders may be authorized from time to time by the CITY. Section II Authorization Of Services No professional services of any nature shall be undertaken by the LANDSCAPE ARCHITECT pursuant to this CONTRACT until LANDSCAPE ARCHITECT has received written authorization to proceed from the CITY. Section III Period Of Service This CONTRACT shall be effective upon execution by the CITY and LANDSCAPE ARCHITECT, and shall remain in force until terminated under the provisions hereinafter provided in Section XIII. Section IV Coordination With The CITY The LANDSCAPE ARCHITECT shall hold periodic conferences with the CITY, or its representative(s), in an effort to benefit from the CITY's experience and knowledge of existing needs and facilities, and so as to make the Project as consistent as is reasonably practicable with the CITY's current policies and standards. To implement this effort, the CITY shall make available to the LANDSCAPE ARCHITECT for use in performing the Project, all existing plans, maps, field notes, statistics, computations and other data in the CITY's possession pertaining to existing facilities which the CITY might believe could have any relation to the Project. The LANDSCAPE ARCHITECT may rely upon the accuracy and completeness of such plans, maps, field notes, statistics, computations and other data provided by the CITY to the LANDSCAPE ARCHITECT. Section V Compensation And Method Of Payment The parties agree that the LANDSCAPE ARCHITECT shall be compensated for all services provided pursuant to this CONTRACT in the amount and manner set forth below. The professional services fee for completing the scope of services as outlined in Exhibit "A", which is attached hereto and thereby made a part of this CONTRACT. The LANDSCAPE ARCHITECT shall be reimbursed, at his actual incurred cost, for job-related expenses such as reproduction/printing, courier/delivery charges, data collection, etc. Billing for services will be submitted monthly or after completion of major phases of the work, whichever is most conducive for both parties to the CONTRACT. The LANDSCAPE ARCHITECT further agrees that it will prepare itemized statements for submittal, if requested by the CITY. Section VI Legal Requirements The LANDSCAPE ARCHITECT will advise and assist the CITY in the need and in applying for licenses or permits required by law, and will comply with ordinances, laws, orders, rules and regulations which pertain to its services hereunder. However, nothing contained herein shall alter the fact that the CITY shall be responsible to pay all costs or fees associated with any licenses and permits required by law. The CITY shall also have the sole responsibility to obtain all licenses or permits required by law. Section VII Standard Of Care The LANDSCAPE ARCHITECT will perform and complete its work in a good and workmanlike manner. The LANDSCAPE ARCHITECT shall not, either during or after the term of this CONTRACT, disclose to any third party, any confidential information relative to the work or the business of the CITY, without the written consent of the CITY, except to the LANDSCAPE ARCHITECT's subcontractors. The CITY's representative shall at all times have access to the work for the purpose of inspecting the work and determining that the work is being performed in accordance with the terms of this CONTRACT. Section VIII Independent Contractor Relationship In performance of the services hereunder, the LANDSCAPE ARCHITECT shall be an independent contractor with the sole authority to control and direct the performance of the details of the work. The LANDSCAPE ARCHITECT is self-employed, shall not purport to be an employee or an agent of the CITY, and shall not have any right or power to bind the CITY to any obligation not otherwise specifically authorized in writing by the CITY. The LANDSCAPE ARCHITECT shall provide its own premises for performance of its duties hereunder, but shall have free access to the premises of the CITY and any information, records and other material relevant to its work hereunder. Section IX Insurance The LANDSCAPE ARCHITECT shall provide a certificate reflecting its coverage by worker's compensation insurance and public liability insurance to the CITY for bodily injury and property damage in the following amounts: $250,000.00 for each person/ $500,000.00 for each single occurrence for bodily injury or death/ $100,000.00 for each single occurrence for injury to or destruction of property. The LANDSCAPE ARCHITECT agrees and warrants that such coverage shall be maintained during the term of this CONTRACT. In the event that the limits of liability imposed upon municipalities are increased by the Legislature of the State of Texas, the parties agree that the LANDSCAPE ARCHITECT shall increase the coverage and limits of liability required by this CONTRACT to conform to the liability limits established by the Legislature of the State of Texas. Section X Progress Meetings The LANDSCAPE ARCHITECT or its designee agrees to attend all progress meetings scheduled by the CITY, and at such meetings will endeavor to outline work accomplished and identify any special problems or delays known to the LANDSCAPE ARCHITECT which are encountered in connection with the Project during the previous report period, as well as planned work activities and special problems and delays anticipated for the next report period. Section XI Ownership Of Documents All documents, including master plans and drawings, prepared or furnished by the LANDSCAPE ARCHITECT (and LANDSCAPE ARCHITECT's independent professional associates and consultants) pursuant to this CONTRACT are instruments of service with respect to the Project, and the CITY shall retain ownership and property interest therein, whether or not the Project is completed, upon full and complete payment by the CITY to the LANDSCAPE ARCHITECT for the cost of the work as defined in Exhibit "A". The CITY may use the plans, drawings and specifications for information and reference in connection with the use and occupancy of the Project by the CITY and others; however, such documents are not intended or represented to be suitable for reuse by the CITY or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by the LANDSCAPE ARCHITECT for the specific purpose intended will be at the CITY's sole risk and without liability or legal exposure to the LANDSCAPE ARCHITECT, or to the LANDSCAPE ARCHITECT's independent professional associates and consultants. Section XII Termination Either party to this CONTRACT may terminate the CONTRACT by giving to the other party thirty (30) days' notice in writing. Upon delivery of such notice by the CITY to the LANDSCAPE ARCHITECT, the LANDSCAPE ARCHITECT shall discontinue all services in connection with the performance of this CONTRACT and shall proceed to promptly cancel all existing orders and contracts insofar as such orders or contracts are chargeable to this CONTRACT. As soon as practical after receipt of notice of termination, the LANDSCAPE ARCHITECT shall submit a statement, showing in detail the services performed under this CONTRACT up to the date of termination. The CITY shall then pay the LANDSCAPE ARCHITECT within fifteen (15) days that proportion of the prescribed charges which the services actually performed under this CONTRACT bear to the total services actually performed under this CONTRACT, less such payments on account of the charges as have been previously made. Originals of all completed or partially completed plans, designs and text prepared under this CONTRACT shall be promptly delivered to the CITY upon termination of this CONTRACT. Section XIII Entire Agreement This CONTRACT represents the entire agreement between the parties coveting the subject matter. No modifications or amendments shall be valid unless in writing and signed by both of the parties. Section XIV Severability In case any one or more of the provisions contained in this CONTRACT shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this CONTRACT shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Section XV Performance This entire CONTRACT is performable in Dallas County, Texas, and the venue for action related, dLrectly any or indirectly, to this CONTRACT or in any manner connected therewith shall be Dallas County, Texas, and this CONTRACT shall be construed under the laws of the State of Texas. Section XVI Successors And Assignments The CITY and the LANDSCAPE ARCHITECT each binds himself and his successors, executors, administrators and assigns to any other party of this CONTRACT and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this CONTRACT. Except as above, neither the CITY nor the LANDSCAPE ARCHITECT shall assign, sublet or transfer its interest in this CONTRACT without the written consent of the other party. Nothing herein shall be construed as creating any personal liability on the part of any officer, agent or employee of the CITY or the LANDSCAPE ARCHITECT. Section XVII Preparation of Alternates The LANDSCAPE ARCHITECTs fees are based upon the total dollars allocated for construction of the project. The LANDSCAPE ARCHITECT will prepare an estimate for probable cost of construction. This estimate will be based upon the design development phase of the project. Should the CITY request design alternate(s) be prepared for bidding, the LANDSCAPE ARCHITECT will invoice the CITY, in addition to the original contract. Section XVIII Indemnity The LANDSCAPE ARCHITECT agrees to indemnify and hold harmless the CITY and its officers, agents and employees of and from damages, injuries (including death), claims, property damages (including loss of use), losses, demands, suits, judgments and costs, including reasonable attorneys' fees and expenses, which directly arise out of the LANDSCAPE ARCHITECT's breach of any of the terms or provisions of this CONTRACT, or by any other negligent act, error or omission of the LANDSCAPE ARCHITECT, its agents, servants, employees, subcontractors, or any other persons or entities for whose acts the LANDSCAPE ARCHITECT is legally liable. However, such indemnity for the design professional and his employees for negligence in the performance of professional services and damages resulting from negligence in the performance of professional services shall be limited to an amount of fifty thousand dollars ($50,000). EXECUTED in three (3) counterparts (each of which is an original) on behalf of the LANDSCAPE ARCHITECTauthorized), thisby'its]~ Principalday of~./~s"la°wnt,) below,, 2003. and on behalf of the CITY by itsC~I /IArl,.~. ,(thereunto duly CITY OF THE COLONY LD ~'~I~~ c ers (~ ~Q~¢'~ a~scj IN SI~MSh~ST~, INC. [Signore] [Si~ ~] Dale Cheatham, City Manager Dennis G. Sims, Principal [Typed Name, Title] [Typed Name, Tide] EXHIBIT 'A~ December 13, 2002 Ms. Para Nelson Director, Parks and Recreation City of the Colony 5151 N. Colony Boulevard The Colony, Texas 75056 INTRODUCTION The following proposal outlines our approach in preparing a city-wide Trail Master Plan for the City of The Colony. This approach is based on our past experience in working with cities and their citizens to prepare a Trail Master Plan. The team members which will work directly with City Staff are Bob Stoffels, ASLA, Dennis Sims, ASLA and Molly McCracken, ASLA. There are three primary purposes for preparation of a Trail Master Plan: (1) to serve as a planning tool for Parks and Recreation Staff, Community Development Corporation (CDC Board) and The Colony Park Board; (2) to create a vision for a city-wide trails and greenway network and assist public and private entities who wish to contribute funds or resources to development of the system; and (3) to serve as a basis for coordinating with other City departments to reduce conflicts with their development activities. Trails are an important component of a city's park system as they serve recreational, transportation and linkage purposes. The importance/significance of a properly designed city-wide trail system will increase substantially in the coming decade as The Colony's population continues to grow and the Metroplex's air quality requires stricter emission controls. The following proposal outlines our unique and comprehensive approach to preparing the City- wide Trail Master Plan for the City of The Colony. SCOPE OF SERVICES PHASE I -- BASE DATA AND INVENTORY ANALYSIS The purpose of Phase 1 is to collect base data upon which to appropriately evaluate elements that influence trail development within The Colony. The following tasks will be addressed with appropriate data formulated either from a field survey, other prior documentation or staff sources. An evaluation and analysis will be made of the data in each task. · Existing land use - residential and non-residential quantities, location, and undeveloped areas. 9603 White Rock Trail, Suite 210 Dallas, Texas 75238 (214) 553-5778 · Natural resources and physical features - assets and barriers, both natural and man-made, existing in the City of The Colony. · Existing park facilities - location, classification, current improvements, and their distribution and accessibility throughout the City. · Greenbelts, linear parks and open space easements. · Schools - types, recreational facilities, and potential linkage. · City property - identify properties owned or leased by the City for use as trail corridors, trail linkage or trail heads. · Private or commercial recreational features and open spaces - types, location, ownership - for possible access via the trail system · Location of any historical, cultural or recreational facility. · City's Future Land Use Plan - anticipated population growth, timing, and expected urban residential and non-residential land use growth patterns. Completion of this task will provide a resource of data upon which to base decisions affecting the development and use of the trail system. Data will be presented graphically when possible, such as mapping of existing park locations, existing trails, physical features influencing municipal growth, and the existing and future residential land use as related to the trail system. PHASE II -- FUTURE LAND USE AND PROJECTED POPULATION GROWTH The city's trail system must be responsive to the population which it serves. The system should be planned to coincide with population growth and to have facilities provided within the City in proper locations to achieve maximum service; therefore, this work phase will examine: (1) the location of existing population centers and their relationship to present recreational development; and (2) anticipated future growth patterns and locations; herein, the following tasks will be undertaken: · Jointly determine with staff the existing and future population centers which comprise the City. · Future residential growth assumption will be evaluated, both within the Neighborhood Areas and the entire city. · Existing parks and future parks delineated within the Parks, Recreation and Open Space Master Plan will be evaluated for incorporation of trails and linkage to the city-wide trail system. Completion of this phase will provide delineation of existing and future residential population centers which need to be served by trail system. PHASE III - TRAIL NEED ASSESSMENT The purpose of this phase is to assess from the community, park board, CDC and City staff those trail needs, preferences and/or desires which are not being met or are desired by the citizens. The activities outlined below will be undertaken to determine trail needs and priorities. Citizen Workshops Workshops (not to exceed three) will be held to solicit input from citizens with regard to trail types, locations, alignments, priorities and user groups. To ensure maximum participation it is recommended, if at all possible, that a flyer be mailed to each residence within the city. The workshops will be held in a design charette format with citizens comments being logged and requested alignments being documented on a city base map. Particular care shall be taken to document the various trail user groups present, which might include equestrian, roller bladmg, skateboards, bicycling, jogging, walking, strolling, etc. the variety and size of the user groups will have a large impact on the development of the city-wide trail system. Trail System Structure City staff and the Consultant will determine the user groups to be accommodated by the trail system. In addition, it will be necessary to determine the structure of the trail system; will each user group have a separate trail system, will several user groups share separate trail systems or will all users share the same trails? As can be imagined each scenario has its own set of advantages and constraints which affect the development of the city-wide trail system. Trail Corridor Opportunities Potential trail corridors will be identified through a joint review of the city's digital base map, which delineates streets and subdivision configurations, and aerial photographs. The Consultant will perform field investigations in areas where existing conditions are tight and cannot be ascertained by the previously described methods. Potential corridors include drainageways, utility easements/right-of-way, railroad corridors, street/roadway right-of-ways, etc. North Central Texas Council of Governments plans, Denton County plans and adjacent community plans will be examined and their recommended alignments will be analyzed for inclusion in The Colony trail system. PHASE IV - CITY WIDE TRAIL SYSTEM A City wide Multi-Use Trail System will be designed to provide a complete transportation and linkage system. An arrangement of significant spine routes will be established as the cmdal basis for development ora ftmctional city wide system. Spine routes should provide the shortest distance of travel possible throughout the City in all directions. The spine routes will be augmented by local and linkage trails which provide access to neighborhood areas and linkage to and between existing parks, schools and openspaces. The City-wide trail system will: · Identify types of trails as either a multi-purpose trail, for use along a natural feature or as a connector trail, serving transportafion purposes. Paving standards and other design features should be adopted for construcfion of both types. · Develop standards for incorporating bike lanes into existing streets where possible by including addifional width in the pavement and/or parkway of proposed streets. Bike lanes, especially those on which heavy use is anticipated, should not be taken through residential areas. · Conduct in-depth analysis of the feasibility of separated crossings at vehicular arterials. The City should remain cognizant of the State Highway Departments anticipated changes to HWY 121 and do everything within its power to have separated crossings of HWY 121 provided in the Highway Departments construcfion documents. · Idenfify an opportunity for linking city property with Corps property to create a tourist desfinafion along the shoreline of Lake Lewisville. PHASE V - TRAIL PLAN Once the previously described elements have been completed the research, analysis and recommendations will be presented in the Plan. The initial phases are necessary and important to the process leading to the development of final conclusions and recommendations. However, the acfivifies undertaken and the interchange of ideas and facts between the Consultant, Staff, CDC and Park Board in the later phases are considered the most important in the overall process. The Plan must be in scale to community needs and must be affordable to be developed by the community. The Final Plan will be completed in text and graphic format in such detail to explain the process undertaken to achieve the Trail Master Plan. Graphics will be used to illustrate Plan Elements where appropriate, to communicate the purpose and intent of proposals. Base Elements The purpose of this task is to summarize work completed up to this point and document it in a manner that clearly defines the basis and direcfion for the Trail Plan. Specifically, the following will be prepared as a part of the Plan: · Summary of inventory and analysis of existing trails. · Summary of Present and future population - land use relafionships defining people, areas, and quantifies to be served with strategies for providing service and meeting trail needs. · Identification of needs determined from citizen workshops, development standards for trails and trail corridor opportunities. Goals and Objectives Once there is a clear understanding of the basis for projecting future needs and desires of the Community for trails, a process shall be undertaken with the Staff to establish and define the final direction, purpose and scope for the Trail Master Plan. In this task, a series of goals, objectives, and implementing strategies will be developed to establish the policy framework for the Trail Master Plan. Plan Elements and Graphic Plan Written text will be prepared which describes the Trail Master Planning process and findings. Graphic plans will be developed that depict the conclusions. These plans will be supported by the following data: · The identification of trail corridors · The identification and location of park and school linkages · Corps property around Lake Lewisville for trail development · The identification of trail surfaces · Linear park acquisition and development for trails · Prioritized ranking of the various trail segments · Identify potential linkage to surrounding communities and their trail systems PHASE VII - TRAIL CORRIDOR DEVELOPMENT PRIORITIZATION Segments of the trail corridors will be prioritized relative to their significance to the citizens of The Colony as established by the criteria listed below and comments received in the citizen workshops. Criteria for Ranking Trail Corridors The following criteria will be used to prioritize the importance of the various trail segments and establish construction sequencing. Residential Density: The first criteria relates to the residential population served, both the existing population location and density will be considered as well as residential population growth forecasted within the next five years. Access to School and Parks: Emphasis is on connecting residential areas to parks and schools. Potential Trail Connections: Emphasis is given to trail segments which offer a high potential for connection to other trail segments within the city-wide trail system. Undeveloped Land/Openspace within Residential Development: Empahsis is placed on undeveloped property where parkland dedication might be used to develop the trail segment. Cost Analysis: Emphasis will be placed on cost development of various trails types, sizes and locations. Potential for Transportation Equity Act (TEA-21) Fundingx Emphasis is placed on meeting regional criteria for transportation funding Potential for Attracting Tourism for Economic Development in the Community: Emphasis will be placed in the areas identified around Lake Lewisville as potential trails and their connection to Parks and adjacent communities. / Plan Adoption and Approval / // The process we have outlined in this proposal will have several check points during the plan preparation to ensure / the plan is addressing the goals and objectives of the Trail Master Plan. The plan will then be submitted to the Park and Recreation Department, Park Board, CDC and City Council for their review, comments and approval. Est/mated Time Line Upon contract approval the process described within this proposal will take approximately six (6) to nine (9) months to complete. Public Heatings In addition to the citizens workshops, the Consultant will attend and moderate a public heating in a formal environment to receive public input from citizens as to their thoughts with regard to the proposed trail master plan. The public meetings will be properly advertised and can be directed by the Park Board, CDC and/or City Council. Selection of which body to appear before is a staff decision that will be made later in the planning process. Consultant Compensation Dunkin Sims Stoffels, Inc. (DSS) shall be compensated for all services provided pursuant to the preparation of the city-wide Trail Master Plan in the amount and manner set forth below. The professional services fee for completing the scope of services outlined is $35,000. DSS shall be reimbursed at actual incurred cost for job-related expenses such as reproduction/printing, courier/delivery charges, data collection, etc. Reimbursable expenses shall not exceed five thousand dollars ($5,000) without the prior written approval of the City. DSS shall advise the CITY in advance if any printing, mapping, or reproduction scenario requested by the CITY would cause the costs to exceed the stipulated maximum. Billing for services will be submitted monthly or after completion of major phases of the work whichever is more conducive for both parties. Dunkin Sims Stoffels, Inc. appreciates the opportunity to submit this proposal and looks forward to working with the City of The Colony on the development of the Trails Master Plan. Sincerely, ~ ~]n~S, ASISA