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HomeMy WebLinkAbout2000.11.16_Worksession AgendaPUBLIC NOTICE OF THE MEETING Off' THE C ASSO CITY COUNCIL, TYPE OF MEETING: Special DATE: November 16, 2000 TIME: 5:30 p.m. PLACE: Owasso City hall Lower Level Conference Room Notice and agenda filed in the office of the City Cleric and posted on the City Hall bulletin board at 4;00 p.m. on Tuesday, November 14, 2000. Marci Boutwell, City lerk 1. Call to Order Mayor Williams 2. Discussion Relating to a Contract for the Development of a Downtown Redevelopment Concept Plan, Mr Ewing Attachment #2 3. Discussion Relating to an Ordina=nce .Amending Section 9 -113 B.1 of the Code of` Ordinances, Ms Boutwell Attachment #3 4. Adjournment ATTACHMENT #2 CONSULTING SERVICES CONTRACT AGREEMENT FOR MASTER PLAN DESIGN SERVICES CONTRACT ADA 1100 This AGREEMENT made this day of by and between OWASSO ECONOMIC DEVELOPMENT AUTHORITY, (hereafter referred to as the "OEDA"), and ALABACK DESIGN ASSOCIATES. INC. (hereafter reffered to as "ADA"). ARTICLE I. recitals: 1. Project Description. OEDA has undertaken a master plan, which is located and described below, said portion being the subject matter of this Contract ("Project"). Deliver Mater Plan for the Downtown Development District of approximately 300 acres generally located between the Owasso Expressway (US Highway 169) and S.K.O. Railroad to the west, and between 5th Avenue and East 86th Street North. 2. Scope of work. OEDA desires to employ ADA, and ADA desire to be engaged, to perform the servies as required developing the Master Plan, associated designs and plans for the project. The services are descried on Exhibit "A" attached hereto. The duties and responsibilities outlined on Exhibit "A" are not cecessarilty all-inclusive. The scope of services under this Agreement is intended to all cases to be of a sufficient and appropriate depth and detail to provide a Master Plan for the Downtown Owasso Area. NOW, THEREFORE, IN CONSIDERATION OF THE BENEFITS AND BURDENS, PROMISES AND COVENANTS AND CONSIDERATION HEREIN EXPRESSED, THE PARTIES AGREE AS FOLLOWS: ARTICLE II. BY ADA: 1. Insurance. Prior to beginning the services designated in this Agreement, ADA shall obtain and urnish certificates to OEDA evidencing the following minimum ammounts of insurance: (a) Workman's Compenation insurance in accorance with the laws of the State of Oklahoma, and employer's liability; (b) Comprehensive General Liability insurance with a combined single limit of not less than $1,000,000 for bodily injury and property damage, with an aggregate limit of $2,000,000; Page 1 of 5 (c) Comprehensive Autornobile Liability coverage applying to non- owned, and hired automobiles in an amount not less than $500,000 for bodily injury and property damage, including death, to any one person, (d) Valuable papers insurance in an amount sufficient to assure the full restoration of any plans, drawings, field notes, or other similar data prepared by ADA and relating to the work covered by this Agreement, until such time as the work has been delivered to OEDA; (e) Professional Liablility Insurance in the amounts normally carried for his own protection in the practive of providing Consulting Servies. $100,000.00 minimum per claim and aggregate; and, (f) General for all Insurance. ADA shall promptly, upon execution of this Agreement, furnish to OEDA certificates of insurance indicating cornpfiance with the above requirements. Cerfificates shall indicate the name of the fi name of insurance company with address, policy number, term of coverage, and linaits of coverage, Such insurance shall be maintained in full force and effect during the life ®f this Agreement or for a longer term as may be otherwise provided for hereunder, The insurance carrier shall include in each of the insurance policies required under subparagraphs a, b and c, the following statement., is policy will not be cancelled or materially changed during the period of coverage without at least thirty (30) days prior written notice addressed to OEDA — RO. Box 180, Owasso, OK 74055. 2. Meetings. Attend progress wee6ngs and presentations as. scheduled by OEDA. ARTICLE III BY OEDA: 1. Base Compensation. The OEDA will pay as full and sufficient compensation for the performance of consulting services as set forth herein a fee of Project Master Plan $50,120.00 Direct Project Expenses $4,025.00 Page 2 of 5 The breakdown is anticipated as follows (direct project expenses included): Task 1 - Project Initiation $5,300.00 Task 2 - Data Review and Base Map Preparation $810.00 Task 3 - Analysis of Existing Conditions $6,120.00 Task 4 - Community charrette $20,270.00 Task 5 - Master Plan Development and Illustration $8,870.00 Task 6 - Implementation Strategies $8,035.00 Task 7 - Final Master Plan/ Adoption (one meeting) $4,470.00 It is understood and agreed that partial and final payment of the fees will be made to ADA by the OEDA based on the following: ADA shall submit to the OEDA monthly invoices showing the amounts due for services performed to date. The amount due shall be ased on the estimated percent of completion. Payment is to be within 30 days of date of invoice. If in the event the Contract is terminated by the OEDA as provided for under Article IV, Paragraph 1, ADA shall be paid for services based upon completion of tasts and any Additional services rendered up to the date of termination based on estimated percentage of completion. ADA shall also be reimbursed for the charges of independent professional associates employed by ADA to render tasts and Additional Services and all reasonable demobilization costs incurred by ADA, including any any cancellation charges by independent professional associates, and other performing or furnishing servces on the Project. The above fees shall constitute full payment for all services, materials and equipment used, including travel, overtime is required and expenses. No other compensation will be requested except as provided in the following paragraph. 2. Additional Compensation. In the event OEDA shall materially change the contractual scope of the work as previously set forth or revise approved features of the Project, the fees to be paid to ADA shall be subject to adjustment upward or downward as she be mutually agreed by Supplemental Agreement or Change Order executed by OEDA and ADA prior to such change. It is the intent of this Agreement to cause re-negotiaion of both the fees stipulated and the time for performance specified should actual progress substantially deviate from planned progress and the delay is not caused, in the judgment of OEDA, by improper performanace by ADA. In the event, for reasons beyond the control of ADA, ADA is directed by OEDA to make changes in work already satisfactorily performed, except as changes may result from negligent errors and/or omissions on the part of ADA, ADA shall be compensated on the cost basis as described for additional services. OEDA may require assistance from ADA after the scope of work has been completed. If this is the case ADA shall be compensated on the cost basis as described for additional services. OEDA may reqiure assistance from ADA after the scope of work has been completed. If this is the case ADA shall be compensated on the cost basis as described for additional services. Page 3 of 5 For any such additional services OEDA will pay, monthly, upon receipt of a certified time and expense record submitted to it, a fee equal to 3 times the base salary (defined as being exclusive for any allowance for holidays, sick leave, vacation, employee group insurance, workmen's compensation, social security, unemployment and disability taxes and miscellaneous employee benefits) of each employee of ADA so certified for the pay period submitted. In addition to the forgoing, OEDA will reimburse ADA for out of pocket expenses for materials, travel, and related expenses upon receipt of invoices and other receipts evidencing same as hereinafter defined. ARTICLE IV. OTHER PROVISIONS: 1. Termination. This Agreement may be terminated by either party upon 30 days written notice should the other party fall substantially to perform in accoranace with its terms through no fault of the party initiating the termination. In the event the Contract is terminated, then OEDA may award the unfinished portion thereof to a qualified firm. 2. Governing Law. This Agreement shall be governed and construed in accoranace with the laws of the State of Oklahoma. The parties hereto acknowledge that venue is proper in Tulsa County, Oklahoma, for all disputes arising herunder and waive the right to sue or be sued elsewhere. 3. Personnel, Equipment and Material. (a) ADA shall furnish and rnaintain at its own expense, adequate and sufficient personnel and equipment, In the opinion of OEDA, to perform the se ices when and as required and without delaysa ADA will engage the assistance of Gould Evans Goodman and C. H. Owrnsey to complete the Master plan. (b) All employees and team member of ADA shall have such mowled e and expa e ce as will enable them to perform the, defies assigned to them, 4. Subletting. ADA shall not sublet, assign, or mnsfer any put of the work or obligations includes its this Agreement without the approval of OEDA, if approval is given the responsibility for sublet work shall remain with A A, OEDA pre-approves Alaback Design Associates to receive sublet work Under this Agreement. Page 4 of 5 5. Authority Indemnified. The ADA shall indemnify and save harmless the OEDA and its officers and employees from any claims or liabilities of any type or nature and by or to any persons whomsoever, araising from the ADA's negligent performance of the work to be accomplished under this Agreement whether such claimn or liability is based in contract, tort or strict liability. In such event, the ADA shal also indemnify and save harmless the OEDA from any and all expenses, including attorney's fees, incurred by the OEDA in litigating or otherwise resisting said claims or liablities. In the event the OEDA is found to be partially at fault, the ADA shall nevertheless idemnify the OEDA from and against the percentage of fault attributable to the ADA on their conduct. IN WITNESS WHEREOF, the parties hereto have signed or have caused their respective names to be signed in duplicate counterparts hereof on the date first above written. OWASSO ECONOMIC DEVELOPMENT AUTHORITY By: Mr. Brian Smith - Chairman ALABACK DESIGN ASSOCIATES, Inc. By: Mr. Dan Alaback - President SCOPE OF SERVICES -Exhibit A Downtown Development Disftict – Conceptual Plan and Implementation Strategy Owasso, Oklahoma Tast 1: Project Initiation The first phase of the project provides the opportunity to ensure a common understanding and shared expectations for the project process and outcomes. Specifics regarding the scope of work, planning process framework, schedule and products are discussed and confirmed by the consultant and the client with the project Steering Committee. (Steering Committee refers to the Owasso Economic Development Authority, and / or other individuals as desired by the City of Owasso.) Additionally, initial data gathering is completed. Consultant Tasks 1.1 Review and affirm planning process (i.e. scope of scrvices and project schedule) with the project Steering Conmiittee 1.2 Review and finalize project area and boundaries 1.3 Outline community charrette needs and logistic support for client Client Responsibilities Assemble and foward applicable data, base information and planning documents for the project area including the most recent economic and demographic studies, previous plans and design guidelines for downtown, applicable zoning, property development and improvement ordinances, financial tools availabe in downtown, aerial and planametric base maps, and other pertinent information, such as downtown organization information, pending or proposed development information, and public infrastructure projects. Information may be provided in hardcopy and or compatible digital format.s Designate the members of the Steering Committee for the project Review base map and visual assessment materials assume responsibilites for logistics of the community charette in Tast 4 (i.e. identify key persons to intergview, arrange locations for public workshops and project team activities, etc.) Identify 8-10 key persons for the consultant team to interview (public officials, key property owners, developers, etc.) Meetings meeting with representatives of the City/Steering committee to review and discuss the project approach and schedule, establish a communication network and working relationship, define the physical boundaries of the project area, and identify preliminary conerns, issued and goals relating to future development in Owasso's Downtown Development District. Deliverables Projected schedule indicating specific date for key project activities and deliverables Project base map with project area boundaries Time Frame 2 weeks 11/07/00 SCOPE OF SERVICES - Exhibit A Downtown Development Disuice — Conceptual Plan and Implementation Strategy Owasso, Oklahoma Task 2: Data Review and Base Map Preparation The consultant team will review all reports, documents, and maps provided by the client. A base map will be created of the study areas that integrates information from a variety of maps, as needed. Consultant Tasks 2.1 Review all documents provided by client. Idenfify additional information that is needed combine information from several sources as needed to create an accurate base map of the study area, showing streets, buildings, vegitation, easements, and other pertinent physical features. Time Frame 2 weeks Task 3: Analysis of Existing Conditions The focuse of Task 3 is to attain a thorough understanding of the major issues, constraints and opportunities that exist in Downtown Owasso. The Framework of existing condistions, trends and potential development is built around the review and analysis of available base data and information, current land use and building ocnditions, existing regulatory policies and development inventives, and organization capacity. The analysis will be completed prior to the community charrette, establishing a solid understanding of current conditions. Consultant Tasks 3.1 Review and analyze data and information assembled and supplied to the ocnsultant by the City in Task 1 Acquire a basic understanding of regulatory, financial, and economic / demographoc dynamics influencing the development environment within the project area Understand the physical framwork for daily activitiy in Downtown Owasso including physical and perceptual boundaries, major circulation patters and conflicts, land use pattersn and compatibility, and activity conters. Conduct a "windshield" land use and building ocndition surveys to upgate existing information for the area 3.2 DevWop a baseline understanding of the existing conditions for Owassn's downtown 3.3 Prepare foi the corranunfty charretie (Task 4) Client Responsibilities provide supplemental information as necessary to assist the consultant in data review and analysis review land use and building conditions survey maps after submittal by consultants finalizae logistics for the City-wide charrette (i.e. arrange interview schdule, notify public regarding activities and involment opportunities, confirm facillities, etc.) Review and comment on the existing conditions summary memorandum Alaback Design Associates, Inc. 2 11/07700 SCOPE OF SERVICES — Exhibit A Downtown Development District - Conceptual Plan and Implementation Strategy Owasso, Oklahoma Meetings Meeting(s) with the project stearing committee to review existing conditions materials and prepare for the charrette. interviews of key persons may begin during this phase, and continue into the community charrette Deliverables Land use and building conditions maps incorporated into existing conditions summary memorandum of existing opportunities, constraints, and existing conditions Time Frame 4-6 weeks Task 4: Community Charrette A charrette is an intensive "on-site" work effort where the City of Owasso and the consultant team work together to establish a direction for Owasso's Downtown. Finding from the existing conditions analysis provides a solid basis for exploring options. the charrette provides an opportunity for the public to define issues and goals for the downtown area. Key person interviews, public workshops and concentrated work session allow the project team the opportunity to explore alternative design and development scenarios, and arrive at a preferred direction for the future of downtown. This interaction creates a vision for downtown that becomes the basis for the development of the Conceptual Plan and Implementation Strategy. Consultant Tasks 4.1 Condut / facilitate a four day charrette to verift and validate issues, goals, and alternatives for Downtown owasso Day 1: Issues, assets, and Opportunities Identification Facilitate public meeting to define Owasso's Issues, concerns, and future desires Completion of Key person interviews as needed (the majority of interviews will be completed prior to Task 4) Day 2: Alternatives Generation Summarize public meeting results Identify preliminary alternatives for downtown district plan Meet wtih Steering Committee to discuss public meetings and alternative concepts Day 3: Alternatives Development Refine and further develop alternatives for public presentation Public presentation/evaluation of alternatives (Planning Commission and City Council invited to attend) Day 4: Preferred Direction Refinement and Presentation Follow-up metting with Downtown Steering Committee, to summarize and discuss activities, findings and preferred direction Refine and develop preferred plan Alaback Design Associates, Inc. 3 11/07/00 SCOPE OF SERVICE - Exhibit A Downtown Development District — Conceptual Plan and Implementadon Stragegy Owasso, Oklahoma 4.2 Create development alternatives during the charrette that reflect the issues and goals of the community. Specifically, conceptual ideas regarding: Future development framework and sites (including potential development sites, buildings, automobile circulation and parking lots) Architectural character and style Entry Markers and other identifiers Proposed Land Uses (using the Owasso 2010 Land Use Master Plan as a baseline) Pedestrian linkages buffer and transition areas landscape elements lighting streetscape furnishings 4.3 Identify and illustrate the preliminary perferred vision for downtown Client Responsibilities Logidtical support for the charrette Participate in charrette by attending public workshops, answering questions as they arise and providing comment as appropriate Review alternatives and preliminary framework for future downtown development Meetings Fourt day/evening charrett, including meetings with the public and client as outlined in Task 4.1 above Deliverables Summary memorandum outlining concepts investigated and direction resulting from the charrette Copies of conceptual drawings and illustrations of alternatives and the preferred plan. (These conceptual sketches will be further refined in Task 5.) Time Frame 2 weeks tital including planning SCOPE OF SERVICES - Exhibit A Downtown Development District — Conceptual Plan and Implementation Strategy Owasso, Oklahoma Task 5: Master Plan Development and Illustration Utilizing the direction provided from the charrette, the next step for the consultant team is to develop the first draft of the Master Plan documents. These draft materials (text and graphics) refine the concepts and vision of the charrette, and define specific recommendations for achieving the vision. Consultant Tasks 5.1 Develop the draft Downtown Development District - Conceptual Plan and Implemenataion Strategy to reflect the future vision for downtown to include the following elements: A Review of the planning process summary of existing conditions analysis information, including land use; building conditions; vehicular and pedestrian circulation; public infrastructure; zoning and regulatory requirements; demographics / economic factors; views;vegetation; and aesthetic observations. Existing opportunities and constraints will be summarized in narrative and graphic form. Summary of community input from the charrette, including identified issued, goals and vision. Presentation of the proposed concept plan for the Downtown Development District. The report will include a written description of the plan, as well as plan view drawings, perspectives and character sketches. Phasing, cost estimates and implementation strategies (developed as part of Task 6) Client Responsibilities Review and comment on master plan refinement efforts Meetings Meetings with Steering Connittee as needed to review and discuss Master Plan development Deliverables (Draft Master Plan Document to be submitted at conclusion of Task 6.) Time Frame 2 months Alaback Design Associafes, Inc. 5 11/07/00 SCOPE OF SERVICES — Exhibit A Downtown Development District - Conceptual Plan and Implementation Strategy Owasso, Oklahoma Task 6: Implementation Strategies Task 6 provides the detailed information needed to achieve the implementation of the master plan. following completion of the drawings for the master plan improvements, a cost estimate will be prepared to identify the funding that will be needed to achieve Owasso's new downtown vision. A phasing plan will also be prepared to illustrate proposed phases for development that best reflects Owasso's priorities and funding potential for funding. A focus of the phasing plan will be to identify a first phase that will provide a highly visible sign of change, which should stimulate further development. The master plan will also include a detailed summary of economic incentive tools that can provide a means of implementation for the proposed downtown renaissance. Consultant Tasks 6.1 Prepare cost estimate of planned improvements within the study area 6.2 prepare a phasing plan that identifies prioritized phasing of planned improvements, to reflect priorities identified by the Steering Committee 6.3 Identify and provide recommendations for economic incentive tools and programs that provide potential funding sources. 6.4 Provide an implementation strategy matrix for implementation fo the planed improvements. Client Responsibilities Provide information regarding financial incentive programs that have been utilized by the City of Owasso in the past Provide information regarding existing Capital Improvements Projects, or other palnned improvements, within the study area Provide input into phasing and implementation strategies Review and comment on draft master plan report Meetings Meetings(s) with consultant team as needed to review Task 6 activities Deliverables Draft Master Plan to include information outlined in Task 5 and 6. 15 copies will be printed and provided to the Steering Committee. Draft report will be reproduced primarily in black and white to minimize pringint cost. Time Frame 2 months (this timeframe overlaps with Task 5 activities) SCOPE OF SERVVICES - Exhibit A Downtown Development District - Conceptual Plan and Implementation Strategy Owasso, Oklahoma Task 7: Final Master Plan / Adoption Prior to implementation of the plan for the Downtown Development District it is improtant that community decision - makers understand the documents and the necessary steps for successful implementation. This phase of the project provides the opportunity for the consultant and client team to prepare the docuemtns for adoption, and to finalize the documents for delivery and acceptance by the client. Consultant Tasks 7.1 Revise and refine master plan report per commetns received in previous phase 7.2 assist with presentation to Planning Commission and City Council for adoption 7.3 Develop and reproduce final master plan report after adoption Create camera-ready originals of all graphics and narrative Client Responsibilities Primary suppory for adoption process of the plan final proof review of documents prior to delivery of final reproduction Meetings Meetings with Steering Committee to discuss incorporation of comments one (1) meeting with each of the official adopting bodies of the City Planning Commission and City council Deliverables written reports will be provided in electronic file format compatible with microsoft word Camer-reay originals of final Downtown Development District - Conceptual Plan and Implementation Strategy. Printing cost has not been included in base fee. Time Frame Approximately 6-8 weeks (this task is dependent upon the length of the adoption process) Optional Services: The following service are not included within the base fee, but can be provided as desired by the City of Owasso. Costs for these work elements will be provided as requested. SCOPE OF SERVICES - ExIdbit A Downtown Development District — Conceptual Plan aW Implementation Strategy Owasso, Oklahoma Design Guildelines The consultant team will prepare detailed design guidelines for the proposed improvements in the final master plan for Owasso's downtown. In coordination witht he Steering Committee, detailed criteria will be established in written and graphic form for the following elements: Architectural Style and Materials lighting site furnishings (benches, bollards, trash receptacles, etc.) pedestrian pavement vehicular circulatin / service functions landscape elements (including screening and buffering) signage Marketing and Public Relations Materials As desired, the consultant team will create marketing waterials for promotion of the planned iniprovements. These matexials may include: * Executive Sununary / Brochive * Poster Videotape Website Developmemt OEDA Fund Cash Status Cash Balance (Retained Earnings) 10/31/00 $36,048.87 Current Appropriations $10,000.00 Unappropriated Cash $26,048.87 Additional Appropriations $15,000.00 New Unappropriated Cash $11,048.87 ATTACHMENT #3 MEMORANDUM TO: THE HONORABLE MAYOR & CITY COUNCIL CITY OF OWASSO FROM: MARCIA BOUTWELL CITY CLERK SUBJECT: SECTION 9-113 OF THE CODE OF ORDINANCES DATE: November 14, 2000 BACKGROUND: Section 9-113 of the Code of Ordinances pertains to license fees under the jurisdiction of the City Clerk's office, Paragraph B. 1 e refers to persons or groups who deliver or distribute haridbill -type materials for advertising purposes, and sets a permit feed The current code requires that any person or group defined as an advertising agent obtain a permit in. the amount of $50.00 per year if they wish to deliver or distribute materials for advertising. Staff believes that it was the intent of this section of the Code to require that a permit be obtained by businesses desiring this type of advertising, but that the intent was not to place an undue burden on nonprofit and service organizations by requiring that they obtain a permits The proposed ordinance would place new language in the code requiring only those persons who distribute handbill materials for commercial, for° profit, advertising purpose to obtain a permit. A provision has also been made :for a per occurrence fee of $10.00, These changes in the code will allow nonprofit and service organizations to advertise, through the use of circulars and handbills, fundraisers and other events without having to obtain a perrint. ATTACHMENT: 1. Proposed Ordinance (changes are italicized) CITY OF OWASSO, OKLAHOMA ORDINANCE NUMBER AN ORDINANCE AMENDING SECTION 9-113 OF THE CODE OF ORDINANCES PERTAINING TO LICENSE FEES UNDER THE JURISDICTION OF THE CITY CLERK'S OFFICE, SPECIFICALLY ADVERTISING AGENTS, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, TO-WIT. Section One: That Section 9-113 B. 1. of the City Code is hereby amended to read as follows, to-wit: 1. Advertising agent, defined to be any person who delivers or distributes, or contracts with another to deliver or distribute, handbills, circulars, posters, samples, or any other thing for commercial, for profit., advertising purposes - Ten Dollars ($10.00) per occurrence or Fifty Dollars ($50.00) per year; PASSED AND APPROVED this day of 2000. CITY OF OWASSO, OKLAHOMA By: ATTEST: Marcia Boutwell, City Clenk APPROVED AS TO FORM. Ronald D Cates, City Attorney, H C Williams, Mayor