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+CITY OF FORT WORTH, TEXAS
AGREEMENT FOR PLANNING AND DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY") and TCB, INC. (the
"CONSULTANT"), for a PROJECT generally described as: Planning and Design Services to
prepare redevelopment plans and implementation strategies for the Central Cluster of Urban
Villages. The Central Cluster of Urban Villages consists of the following villages:
❖ Mercado Urban Village
❖ Six Points Urban Village
❖ South Main Urban Village
Article I
Scope of Services
The CONSULTANT shall provide services for the City as set out in Exhibit A: Scope of Services.
Exhibit A is attached hereto and incorporated herein by reference as though fully set forth.
The CONSULTANT shall diligently pursue its work under this Agreement and shall complete the
services as generally described in Exhibit A on or before the completion dates set out in Exhibit C.
In the performance of the CONSULTANT's work, the CONSULTANT agrees to maintain such
coordination with the City as may be requested and desirable, including primary coordination with
the Planning Department official(s) designated by the City as project manager.
The CONSULTANT agrees that any information or documents supplied by the CITY pursuant to
Article V below, shall be used by the CONSULTANT for this project only, and shall not be reused
or reassigned for any purpose.
Article II
Compensation
The City shall pay the CONSULTANT a lump sum fee based on the estimates set forth in Exhibit
B: Schedule of Compensation. Exhibit B is attached hereto and incorporated herein by reference
as though fully set forth. The total compensation paid, including all fees and expenses, shall not
exceed the amount of $150,000.
Article III
Terms of Payment
Payments to the CONSULTANT will be made as follows:
A. Invoice and Payment
(1) The CONSULTANT shall provide the CITY sufficient documentation to
reasonably substantiate the invoices.
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(2) Monthly invoices will be issued by the CONSULTANT for all work performed
under this AGREEMENT. Invoices are due and payable within 30 days of
receipt and approval that the work performed as invoiced has been
completed to the satisfaction of the CITY. The payments will be made
according to the Schedule of Compensation and shall be invoiced for the
percentage of work completed only.
(3) Additional services not set forth in Exhibits A and B, changes in work, or
incurred expenses in excess of the maximum fees and expenses for each
task set forth in Exhibit B must be authorized in writing by the City or its
designated project manager before the work is performed or the expenses
are incurred. Claims for additional work or expenses must be submitted
within thirty (30) days of the completion of the work or expenditure, and
must be accompanied by a statement of itemized costs.
(4) Upon completion of services enumerated in Exhibit A, the final payment of
any balance will be due within 30 days of receipt of the final invoice.
(5) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof.
No interest will accrue on any contested portion of the billing until mutually
resolved.
(6) If the CITY fails to make payment in full to the CONSULTANT for billings
contested in good faith within 60 days of the amount due, the
CONSULTANT may, after giving seven (7) days' written notice to CITY,
suspend services under this AGREEMENT until paid in full, including
interest. In the event of suspension of services, the CONSULTANT shall
have no liability to CITY for delays or damages caused the CITY because of
such suspension of services.
Article IV
Obligations of the CONSULTANT
A. General
The CONSULTANT will serve as the CITY's consulting representative under this
Agreement, providing professional consultation and advice and furnishing
customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the CONSULTANT's services will be the degree
of skill and diligence normally employed in the State of Texas by professional
planning and economic development consultants performing the same or similar
services at the time such services are performed.
C. Preparation of Documents and Drawings
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Professional Services Contract
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The CONSULTANT will provide to the CITY the original documents, including but
not limited to, drawings, specifications, and written documents, pursuant to this
agreement on disks, or as otherwise approved by CITY, which shall become the
property of the CITY. CITY may use such drawings in any manner it desires;
provided, however, that the CONSULTANT shall not be liable for the use of such
drawings for any project other than the PROJECT described herein.
D. Consultant Composition
The CONSULTANT shall be responsible for the completion of all work in
accordance with Exhibits A, B and C, even though certain tasks may be actually
carried out by subcontracting organizations, known as the "consultant team" as
specified in Exhibit D: Composition of Consultant Team, TCB, INC. The "consultant
team" organizations, project team members and roles of each member for the
completion of the scope of services shall be in accordance with Exhibit D. Exhibit D
is attached hereto and incorporated herein by reference as though fully set forth.
E. Schedule
The CONSULTANT shall perform the services described in Exhibit A on or before
the completion dates set forth in Exhibit C, Project Schedule. Exhibit C is attached
hereto and incorporated herein by reference as though fully set forth. The time
limits established by this schedule shall not be exceeded except for reasonable
cause as mutually agreed by the parties.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The CONSULTANT shall provide opinions of probable costs, economic
feasibility projections, and schedules for the PROJECT based on the
current available information at the time of preparation, in accordance with
Exhibit A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the CONSULTANT has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation or
maintenance costs; competitive bidding procedures and market conditions;
time or quality or performance by third parties; quality, time management, or
direction of operating personnel; and other economic and operational
factors that may materially affect the ultimate PROJECT feasibility or
schedules. Therefore, the CONSULTANT makes no warranty that the
CITY's actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary from the CONSULTANT's opinions, analyses,
projections, or estimates.
G. Disadvantaged Business Enterprise (DBE) Participation
In accord with the City of Fort Worth Ordinance No. 11923, as amended by
Ordinance 13471, the CITY has goals for the participation of minority business
enterprises and woman business enterprises in CITY contracts. CONSULTANT
acknowledges the DBE goal established for this contract is 25% from this area (9-
County Metropolitan Area) and its commitment to meet that goal. Any
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misrepresentation of facts (other than a negligent misrepresentation) and/or the
commission of fraud by the CONSULTANT may result in the termination of this
agreement and debarment from participating in CITY contracts for a period of time
of not less than three (3) years.
H. Right to Audit
CONSULTANT agrees that the CITY shall, until the expiration of three (3) years
after final payment under this contract, have access to and the right to examine and
photocopy any directly pertinent books, documents, papers and records of the
CONSULTANT involving transactions relating to this contract. CONSULTANT
agrees that the CITY shall have access during normal working hours to all
necessary CONSULTANT facilities and shall be provided adequate and appropriate
workspace in order to conduct audits in compliance with the provisions of this
section. The CITY shall give CONSULTANT reasonable advance notice of
intended audits.
CONSULTANT agrees to photocopy such documents as may be requested by the
CITY. The CITY agrees to reimburse CONSULTANT for the cost of copies at the
rate published in the Texas Administrative Code in effect as of the time copying is
performed.
I. CONSULTANT'S Insurance
(1) Insurance coverage and limits:
CONSULTANT shall provide to the CITY certificate(s) of insurance documenting
policies of the following coverage at minimum limits, which are to be in effect prior
to commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of coverage if written on
a split limits basis). Coverage shall be on any vehicle used in the course of the
PROJECT.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease — policy limit
$100,000 disease — each employee
Professional Liability
$1,000,000 per claim and aggregate. If coverage is written on a claims-made
basis, the retroactive date shall be coincident with or prior to the date of the
contractual agreement. The insurance shall be maintained for the duration of the
contractual agreement and for five (5) years following completion of the service
provided under the contractual agreement. The certificate of insurance shall state
that the coverage is claims-made, and include the retroactive date.
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(2) Certificates of insurance evidencing that the CONSULTANT has obtained
all required insurance shall be delivered to the CITY prior to CONSULTANT
proceeding with the PROJECT.
(a) Applicable policies shall be endorsed to name the CITY an
Additional insured thereon, as its interests may appear. The term
CITY shall include its employees, officers, and officials, as respects
the contracted services.
(b) Certificate(s) of insurance shall document that insurance coverages
specified according to subsection 1 above are provided under
applicable policies documented thereon.
(c) Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance
requirements.
(d) A minimum of thirty (30) days notice of cancellation, non-renewal or
material change in coverage shall be provided to the CITY. A ten
(10) days notice shall be acceptable in the event of non-payment of
premium. Such terms shall be endorsed onto CONSULTANT's
Insurance policies. Notice shall be sent to Fernando Costa, AICP,
Director, Planning Department, City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
(e) Insurers for all policies must be authorized or approved to do
business in the State of Texas or be otherwise approved by the
CITY; and, such insurers shall be acceptable to the CITY in terms of
their financial strength and solvency.
(f) Deductible limits, or self insured retentions, affecting insurance
required herein may be acceptable to the CITY at its sole discretion;
and, in lieu of traditional insurance, any alternative coverage
maintained through insurance pools or risk retention groups must be
also approved. Dedicated financial resources or letters of credit may
also be acceptable to the CITY.
(g) Applicable policies shall each be endorsed with a waiver of
subrogation in favor of the CITY as respects the PROJECT.
(h) The CITY shall be entitled, upon its request and without incurring
expense, to review the CONSULTANT's insurance policies including
endorsements thereto and, at the CITY's discretion, the
CONSULTANT may be required to provide proof of insurance
premium payments.
(i) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement. It is understood
that insurance cost is an allowable component of CONSULTANT's
overhead.
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(j) All insurance required in this section, except for the Professional
Liability insurance policy, shall be written on an occurrence basis in
order to be approved by the CITY.
(k) Subconsultants to the CONSULTANT shall be required by the
CONSULTANT to maintain the same or reasonably equivalent
insurance coverage as required for the CONSULTANT. When
insurance coverage is maintained by subconsultants,
CONSULTANT shall provide CITY with documentation thereof on a
certificate of insurance. Notwithstanding anything to the contrary
contained herein, in the event a subconsultant's insurance coverage
is canceled or terminated, such cancellation or termination shall not
constitute a breach by CONSULTANT of the Agreement.
J. Independent Consultant
The CONSULTANT agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY.
K. Conflict of Interest
The CONSULTANT acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest, including
personal financial interest, direct or indirect, in property abutting the proposed
PROJECT and business relationships with abutting property owners. The
CONSULTANT further acknowledges that it will make disclosure in writing of any
conflicts of interest which develop subsequent to the signing of this contract and
prior to final payment under the contract.
L. Permitting Authorities — Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current planning or engineering practice standards which the
CONSULTANT should have been aware of at the time this Agreement was
executed, the CONSULTANT shall revise plans and specifications, as required, at
its own cost and expense. However, if design changes are required due to the
changes in the permitting authorities' published design criteria and/or practice
standards criteria which are published after the date of this Agreement which the
CONSULTANT could not have been reasonably aware of, the CONSULTANT shall
notify the CITY of such changes and an adjustment in compensation will be made
through an amendment to this AGREEMENT.
Article V
Obligations of the City
A. City-Furnished Data
The CITY will make available to the CONSULTANT all relevant and/or technical
data in the CITY's possession relating to the CONSULTANT's services on the
PROJECT. The CONSULTANT may rely upon the accuracy, timeliness, and
completeness of the information provided by the CITY.
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B. Prompt Notice
The CITY will give prompt notice to the CONSULTANT whenever CITY observes or
becomes aware of any development that affects the scope or timing of the
CONSULTANT's services or of any defect in the work of the CONSULTANT.
C. Litigation Assistance
The Scope of Services does not include costs of the CONSULTANT for required or
requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
services of the CONSULTANT, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
D. Changes
The CITY may make or approve changes within the general Scope of Services in
this AGREEMENT. If such changes affect the CONSULTANT's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
A. Authorization to Proceed
CONSULTANT shall be authorized to proceed with this AGREEMENT upon receipt
of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
CONSULTANT, whether in hard copy or in electronic form, are instruments of
service for this PROJECT, whether the PROJECT is completed or not. Reuse,
change, or alteration by the CITY or by others acting through or on behalf of the
CITY of any such instruments of service without the written permission of the
CONSULTANT will be at the CITY's sole risk. All designs, drawings, specifications,
documents, and other work products of the CONSULTANT, whether in hard copy
or in electronic form, shall be owned by the CITY.
C. Force Majeure
The CONSULTANT is not responsible for damages or delay in performance caused
by acts of God, strikes, lockouts, accidents, or other events beyond the control of
the CONSULTANT.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
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CITY or the CONSULTANT for cause if either party fails substantially to
perform through no fault of the other and does not commence correction of
such nonperformance within five (5) days of written notice and diligently
complete the correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the CITY, the
CONSULTANT will be paid for termination expenses as follows:
(a) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of CONSULTANT's work product;
(3) Prior to proceeding with termination services, the CONSULTANT will submit
to the CITY an itemized statement of all termination expenses. The CITY's
approval will be obtained in writing prior to proceeding with termination
services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the CONSULTANT for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule, commitment and
cost of the CONSULTANT's personnel and subcontractors, and CONSULTANT's
compensation will be made.
F. Indemnification
The CONSULTANT agrees to indemnify and defend the CITY, its officers, agents,
servants and employees from and against any and all claims or suits for property
damage and/or personal injury, to any and all persons, whether real or asserted,
arising out of or in connection with the work and service performed hereunder by
the CONSULTANT or subconsultants. The CONSULTANT shall defend at his own
expense any suits or other proceedings brought against the City, its officers, agents
and employees, or any of them, resulting from such negligent act, error or omission;
and shall pay all expenses and satisfy all judgments which may be incurred by or
rendered against them or any of them in connection therewith resulting from such
negligent act, error or omission.
G. Assignment
Neither party will assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for
any litigation related to this AGREEMENT shall be Tarrant County, Texas.
Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
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TCB, INC. Page 8
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unenforceability will not affect any other provision, and this AGREEMENT shall be
construed as if such invalid, illegal, or unenforceable provision had never been
contained herein. Articles VI.B, VI.D, VI.H, and VI.I shall survive termination of this
AGREEMENT for any cause.
Observe and Comply
CONSULTANT shall at all times observe and comply with all federal and State laws
and regulations and with all CITY ordinances and regulations which in any way
affect this AGREEMENT and the work hereunder, and shall observe and comply
with all orders, laws, ordinances and regulations which may exist or may be
enacted later by governing bodies having jurisdiction or authority for such
enactment. No plea of misunderstanding or ignorance thereof shall be considered.
CONSULTANT agrees to defend, indemnify and hold harmless CITY and all of its
officers, agents and employees from and against all claims or liability arising out of
the violation of any such order, law, ordinance, or regulation, whether it be by itself
or its employees.
Notices
All written notices called for or required by this Agreement shall be addressed to
the following, or such other party or address as either party designates in writing,
by certified mail, postage prepaid, or by hand delivery:
Fernando Costa
Director of Planning
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
(817) 392-8042
Article VII
Attachments, Schedules, and Signatures
Ann Kovich
Vice President
TCB INC.
1200 Summit Avenue, Suite 600
Fort Worth, Texas 76102-4409
(817) 698-6718
This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT,
supersedes all prior written or oral understandings, and may only be changed by a written
amendment executed by both parties. The following attachments and schedules are hereby made
a part of this AGREEMENT.
Exhibit A: Scope of Services
Exhibit B: Schedule of Compensation
Exhibit C: Project Schedule
Exhibit D: Composition of Consultant Team, TCB, INC.
Urban Villages: Central Cluster
Professional Services Contract
TCB, INC. Page 9
ATTEST:
Mart Hen 'x
City Secretary
APPROVED AS TO FORM
AND LEGALITY
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Melinda Ramos
Assistant City Attorney
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Urban Villages: Central Cluster
Professional Services Contract
TCB, INC. Page 10
CITY OF FORT WORTH
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Libby Watson
Assistant City Manager
APPROVAL RECOMMENDED
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Fernando Costa, Director
Planning Department
TCB INC.
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Ann Kovich, AI P
Vice President
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EXHIBIT A: PHASE 1- SCOPE OF SERVICES
Urban Villages - Central Cluster
Project Boundaries: See maps included as Attachment 1 for project boundaries for the Mercado
Village, Six Points Village and South Main Village.
Project Description: Within the project boundaries, TCB will develop an urban village plan for
each village as outlined in the tasks below.
Task 1: Project Start-Up and Project Management
The TCB team will coordinate project initiation, data gathering, establishment of a public
outreach program, and development of a comprehensive work program, budget and project
schedule. City staff will define a City Staff Group (CSG) and Village Advisory Team (VAT) for
each of the urban villages, and assist in gathering information and generating mapping
products. Map products other pertinent documents will be produced in paper and/or electronic
format as available.
Market information from the Central City Commercial Corridors Revitalization Strategy and other
sources will be gathered to determine the information lacking or requiring updating for each of
the areas.
�ubtasks:
1.1. Finalize the detailed work program pertaining to the TCB team and staff tasks, budget,
and the project schedule.
1.2. Establish document formats, project directory and reporting requirements. The TCB
team will create a project directory, and will utilize e-mail as a primary form of
communication among team members and client contacts. Facsimile, conference calls
and other means of communication will be used as appropriate. Document and
mapping formats will also be established at this time between team members and with
the City of Fort Worth.
1.3. Define roles and responsibilities for City Staff Group and Village Advisory Team's for
each village and discuss project expectations.
1.4. Staff will give input on a comprehensive public participation process. The TCB team
will review and enhance, as appropriate, following discussion with the City Staff Group.
In general, the TCB team will assist staff in facilitating Village Advisory Team
meetings, stakeholder interviews, City Staff Group study sessions, boards and
commission's briefings, workshops and other public meetings. This will include the
preparation of presentation materials, PowerPoint presentations and other handout
information.
1.5 Provide coordination with the project manager assigned by the Fort Worth District of
TxDOT, including submittal of monthly progress reports.
Urban Villages: Central Cluster
Professional Services Contract Exhibit A— Page 1
TCB INC.
1.6 Provide overall project management services for all tasks, including monthly progress
reports, budget and schedule oversight, subconsultant coordination, submittal of
monthly invoices, submittal of required MWBE documentation, and quality control of all
deliverables.
Duration: Seven months
Deliverables: Detailed work program, budget, and project schedule
Monthly progress reports prepared for TxDOT
Monthly invoices prepared per City's specifications
Required MWBE documentation for the City
Task 2: Public Involvement
The goal of the Public Involvement process is to create a forum to allow village stakeholders to
reach a reasonable consensus on each village's vision, goals and ultimate village plan.
Subtasks:
2.1 Develop Public Involvement Plan
2.1.1. Establish date, time, location and invitation directory for each of the 3
public work sessions. The City and Village Advisory Team will assist in
providing information for this task.
2.1.2. Develop meeting framework and rules of engagement for a disciplined
approach for each public forum.
2.1.3. Identify outcomes for each public work session with accountability check
points and benchmarks for follow-up.
2.1.4. Identify roles and responsibilities for each Village Advisory Team and City
Staff Group for each of the public work sessions.
2.1.5. The TCB team will identify "best practice" examples to the Village
Advisory Team prior to any public work session to develop a list of agreed
project comparisons.
2.1.6. The City Staff Group, Village Advisory Team and TCB team will agree on
a public consensus model prior to holding the public work sessions as a
way to continue moving the planning process forward.
2.2 Facilitate and conduct public meetings (3 meetings per village) and produce
summary minutes of each meeting.
Duration: Seven Months
Deliverables: Public Involvement Plan
Urban Villages: Central Cluster
Professional Services Contract Exhibit A— Page 2
TCB INC.
Summary minutes of work sessions
Summary report of base plans and previous planning documents
Presentation materials/exhibits for public work sessions
Presentation report to City Planning Commission (2) and City Council (1)
Task 3: Project Context, Inventory and Analysis
The City Staff Group will develop an inventory of current conditions in each village using existing
information, studies and previous work to date. The City will also generate the initial mapping of
this information, including site plans and boundaries. The TCB team will focus on the analysis
of this data and preparation of opportunity/constraint mapping.
Subtasks:
3.1. A base map of each urban village will be created using digital imagery and GIS data
provided by the City.
3.2. The City will provide the following information in ArcMap 9.1 format:
Urban Village Study Area Boundaries
Existing Urban Village Boundaries
Aerial images of study areas
2007 Future Land Use
Current land use plan
Master Thoroughfare Plan
Zoning Districts
Village Boundaries
Utility Information
Water lines
Sewer lines
Existing Transportation
Major arterial streets
Local streets
Bike trails
Rail
Parcel Boundaries
Designated Historic Properties/Districts
Parks and Open Space
Topography (i.e. rivers, lakes, floodplains)
Hydrology
Schools
Public Services Locations
Fire Stations
Police Stations
Community Centers
Vacant Parcel Information
Urban Villages: Central Cluster
Professional Services Contract Exhibit A— Page 3
TCB INC.
Publicly owned parcels
Financial incentive boundaries
TIF
NEZ
PID
Federal Target Areas
Model Blocks
Other information to be provided by the City (non-GIS format):
Proposed and existing development projects
Proposed CIP or other City improvement projects
Policies and ordinances affecting Urban Villages
2006 Comprehensive Plan, City of Fort Worth
Central City Commercial Corridors: Revitalization Strategy, Final
Report of the Commercial Corridors Task Force (June 2002)
Forf Worth's Mixed-Use Zoning Standards: An illustrated guide to
Fort Worth's mixed-use development regulations (2005)
2004 Annual Report on Fort Worth's Urban Village Development
Program
Fort Worth's Urban Village Development Program (2005)
Proposals submitted in response to the request for proposals to
utilize the federal transportation funding
Presentation to City Council designating and de-designating
certain urban villages on November 15, 2005
Other pertinent studies specific to each urban village
3.3. Review existing inventory of GIS data, including land use information, property
valuations, zoning, historical inventory, natural areas, habitat quality,
floodplain boundaries and related information. Acquisition of available GIS data will
be managed by City staff. TCB will assume that the City's GIS information is correct.
3.4. Review, inventory and evaluate existing information, relations to existing public
master plans or private development plans, and context of adjoining areas.
3.5. Conduct strategic interviews with stakeholders, such as business and property
owners, residents and service providers. (18 hours total)
3.6. Inventory the existing urban village patterns and conditions, pedestrian habits and
roadway network through interviews with City staff and through windshield surveys.
(15 hours total)
3.7 Review, inventory and evaluate the existing public services, including fire, police,
school, library, etc. for existing service levels and the possibility for incurring
additional service areas into their location. (3 hours)
Urban Villages: Central Cluster
Professional Services Contract Exhibit A— Page 4
TCB INC.
3.8 Facilitate interviews with key property owners and developers/investors to seek input
and determine level of interest in village area. The stakeholder interviews will also
include market and economic questions in order to understand the community's
attitude toward the study area. (9 hours total)
3.9. Identify the location of historic resources within each village and do a"windshield"
survey to summarize information.
3.10. Prepare constraint/opportunity maps depicting key planning issues, such as links,
development issues, gathering places, transportation, and natural resources.
3.11. Village Advisory Team meeting will be held to present the Assessment and Analysis
of Existing Conditions.
3.12. Public work session #1
Duration: 10 weeks
Deliverables: 1 Draft and 1 Final Assessment (electronic and paper copy)
Analysis of Existing Conditions Summary Report (maps, diagrams and
sketches), to include:
� Infrastructure Improvement Map
■ Land Use and Development Opportunity Site Map
• Opportunities and Constraints Maps, e.g. transportation, economic,
cultural etc. features
■ General Streetscape Analysis (Gateway opportunities, open sections of
parkway, medians, and site distance-visual corridors for signage).
■ Improvement districts, Mixed-use Zoning, investment districts zones map
■ Market Summary Report
Public Meeting: Work session #1
Task 4: Development Opportunities
The TCB team will use the deliverables from Task 3.0 to begin solidifying relationships with
potential private investors/developers.
Subtasks:
4.1. Meet with existing investors and developers currently involved with projects in
each of the village areas. (6 hours total)
4.2. Meet with potential new investors/developers about the prospects of each village.
(6 hours total)
Urban Villages: Central Cluster
Professional Services Contract Exhibit A— Page 5
TCB INC.
4.3. Develop a framework for public/private partnership structuring to induce private
sector investment. The public/private framework may be a menu of public tools
available to entice private investment or it may recommend a RFP/RFQ process
with the city and/or non-profit as a development partner. The TCB team will begin
with the City's Incentive Policy list of available mechanisms and then supplement
and customize this list for each village area.
4.4. Identify "catalyst" or "village core" projects for each village and prioritize for a
public/private partnership
4.5. Introduce "best practice" examples of similar type projects from other U.S. cities
to Village Advisory Teams to help design framework for catalyst public-private
partnership projects.
4.6. Develop a Site Development Map and Concepts for each village based on the
level of interest from private investors/developers
4.7. Meet with City Staff Group and Village Advisory Team on development scenarios
and strategies for each village (1 meeting per village)
4.8. Public work session #2
Duration: 16 weeks
Deliverables: Development of a concept plan of land uses and development
recommendations including a framework strategy (2 copies).
Public Meetings: Work session #2
Task 5: Transportation Needs and Priorities
The TCB team will provide the information required to identify and prioritize transportation
projects that may be carried into Phase 2 of the project as candidates for engineering design
and construction.
Subtasks:
5.1 For each village, prepare an inventory of transportation infrastructure facilities
and provide an assessment of their condition. Transportation facilities are: streets
(including medians, curbs and drainage facilities), sidewalks and pedestrian
access, street lights, streetscape materials, bicycle paths/signage, and traffic
control devices.
5.2. City staff will provide existing plans and studies for each village related to
transportation infrastructure, including but not limited to existing condition
assessments, CIP projects, maintenance schedules, public requests for
service/facilities, etc.
Urban Villages: Central Cluster
Professional Services Contract Exhibit A— Page 6
TCB INC.
5.3. Stakeholders, via the public participation process, will provide input regarding
transportation infrastructure conditions and priorities for improvements.
5.4 Prepare a draft and final list of transportation improvements with conceptual
opinion of probable construction costs for each improvement.
Duration: 16 weeks
Deliverables: Draft and final list of prioritized transportation improvements and
conceptual opinion of probable construction costs for each village.
Task 6: Market Analysis (Mercado and South Main only)
TCB will develop some initial forecasts for market demand for alternative uses for each village,
such as a village anchors and mixed-use, mixed-income housing, specialty retail development
and office. This analysis will lead to the development of a framework leading to a development
strategy.
The TCB team will produce a summary economic profile and general market analysis of the
current village economies identifying market conditions, trends, opportunities and limitations,
and activity patterns within each village.
Subtasks:
6.1 Site Reconnaissance and Evaluation
6.1.1 Analyze physical factors which will affect the marketability of the each
village
6.1.2 Meet with representatives of Development, Economic Development,
Planning, TPW, Engineering and Water Departments to determine
potential impacts from existing and planned infrastructure and planned
developments
6.1.3 Consider access and visibility from regional transportation thoroughfares;
and
6.1.4 Evaluate the effects of the market area's overall development image and
political/ socio-economic climate of each village.
6.2 Economic and Demographic Assessment
6.2.1 Population projections by age and income
6.2.1 Household projections by household size
6.2.2 Median household income relative to housing affordability
6.2.3 Per capita income levels
Urban Villages: Central Cluster
Professional Services Contract Exhibit A— Page 7
TCB INC.
6.2.4 Employment by industry classification
6.2.5 Visitor profiles
6.2.6 General consumer spending patterns among select consumer good
categories.
6.3 Village Trade Area Identification: Determine the trade area considering impacts
from:
6.3.1 Physical barriers, such as highways, major arterials, etc.
6.3.2 Location of possible competition, both within and outside the market area;
6.3.3 Proximity to population and/or employment concentrations;
6.3.4 Zoning, infrastructure capacity and other restrictions potentially applicable
to the village; and
6.3.5 Market factors which will set sale and lease prices for development.
6.4 Competitive Supply Analysis
6.4.1 Conduct interviews with planning and community development officials
regarding village area trends/issues, planned projects and developments
currently under construction; (3 meetings)
6.4.2 Prepare a list of comparable projects within and outside the market area -
existing and planned
6.4.3 Conduct a comparative analysis based on location, size, character and
theme, pricing, lease rates, sale prices, product type/mix, absorption rate,
target market, and sources of demand
6.5 Market Demand/Development Absorption Estimates
6.5.1 Analyze factors which will impact future demand for development
opportunities among various land uses and product types
6.5.2 Consider the village's competitive position and ability to capture market
share
6.5.3 Identify opportunities for each village, including theme, potential market
segment(s), trade area draw, future demand, and level of competition
6.5.4 Estimate market share based on demand and competitive supply
Urban Villages: Central Cluster
Professional Services Contract Exhibit A— Page 8
TCB INC.
Duration
Deliverables:
6.5.5 Forecast the demand for proposed uses in the market area and in the
subject village over the next 5 to 10 years.
20 weeks
Draft and Final copies of market summary analysis
Task 7: Mixed-Use Zoning (Six Points only)
The TCB team will utilize existing work completed by City staff as a starting point for the mixed-
use zoning effort for Six Points village. We will utilize the public involvement process and VAT
meetings to develop an understanding of the purpose and goals of mixed use zoning in an
urban village. Specific discussions will be focused on the defensible application of MU-1 and
MU-2 zoning districts.
If funding as outlined in the adopted fee schedule remains after the completion of Task 7, TCB
will provide a supplemental scope of services to perform a market analysis for the Six Points
village. This supplemental scope will reflect the effort that can be completed with fees remaining
from the completion of Task 7.
Subtasks:
7.1
7.2
7.3
7.4
Duration:
Deliverables:
Determine boundaries for mixed-use zoning
Outline goals & objectives for mixed-use zoning
Utilize input from property owners and residents
Design towards private sector investment
18 weeks
Viable Zoning Boundaries
Task 8: Urban Village Plan
Subtasks:
8.1. Compile the results of all tasks performed
8.2. Integrate a phasing schedule for plan implementation
8.3. Public Work session #3
Duration: 16 Weeks
Urban Villages: Central Cluster
Professional Services Contract Exhibit A— Page 9
TCB INC.
Deliverables: Urban Village Plan, fact sheet, promotional material, webpage
information, maps, sketches and other graphic material.
Public Meeting: Work session #3
Urban Villages: Central Cluster
Professional Services Contract Exhibit A— Page 10
TCB INC.
EXHIBIT B: SCHEDULE OF COMPENSATION
Task 1: Project Start-Up and Project Management
Task 2: Public Involvement
Task 3: Project Context, Inventory and Analysis
Task 4: Development Oppor�unities
Task 5: Transportation Needs and Priorities
Task 6: Market Analysis
Task 7: Mixed-Use Zoning
Task 8: Urban Village Plan
$17, 768
$38,676
$25,511
$11,031
$24,501
$14,656
$9,057
,
�::��
Total Compensation $150,000
Urban Villages: Central Cluster
Professional Services Contract Exhibit B
TCB INC.
EXHIBIT C: PROJECT SCHEDULE
Tasks Bepin Work Date Completion Date
1. Date of contract execution
2. Date of contract execution
*City Plan Commission
*City Plan Commission
*City Council
3. Date of contract execution
4. Date of contract execution
5. Date of contract execution
6. Date of contract execution
7. Date of contract execution
8. Date of contract execution
Date of contract execution: `� / S/��
*Milestone meetings during Task #2
November 6, 2007
November 6, 2007
July 25, 2007
October 24, 2007
November 13, 2007
June 15, 2007
September 1, 2007
July 25, 2007
August 17, 2007
September 15, 2007
October 1, 2007
Urban Villages: Central Cluster
Professional Services Contract Exhibit C
TCB INC.
Exhibit D: Composition of Consultant Team, TCB, INC.
Firm Tasks Performed
TCB, INC.
1,2,5
1,2,3,4,5,6,7,8
Leland Consulting Group 1, 3, 4, 6
*Pavlik and Associates 1, 2
*Komatsu Architecture
3
*Berkenbile-Craig Landscape Architecture 5
*Disadvantaged Business Enterprise (DBE)
Urban Villages: Central Cluster
Professional Services Contract Exhibit D
TCB INC.
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Mayor and Council Communication
COUNCIL ACTION: Approved on 3/6/2007
DATE: Tuesday, March 06, 2007
LOG NAME: 22CENTRALCLUSTE
REFERENCE NO.: **C-21988
SUBJECT: '
Authorize Execution of Contract with TCB Inc., to Prepare Redevelopment Plans and
Implementation Strategies for the Central Cluster of Urban Villages
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with TCB Inc., in
an amount not to exceed $150,000 for the preparation of redevelopment plans and implementation
strategies for the Central Cluster of Urban Villages (Mercado, Six Points, and South Main).
DISCUSSION:
On January 19, 2006, (M&C G-15065) the City Council authorized acceptance of Federal Highway
Administration (FHWA) funds in the amount of $4,467,856.00 to be allocated in two phases for planning and
for design and construction in certain designated urban villages. A total of 12 urban villages, organized in
three clusters, will use this grant funding for planning activities (phase one) in the amount of $50,000
each. Of those 12 villages, five were selected to receive funding for a subsequent design and construction
project (phase two) to be identified during the planning phase in the amount $740,571 each for a total of
$3.7 million. Upon completion of phase one, the City will negotiate a new contract with the Consultant for
phase two services.
The recommended $150,000 of this grant will be used for planning activities in the Central Cluster, with
$50,000 available for each of the three villages in that cluster: Mercado, Six Points, and South Main.
City staff has negotiated a detailed scope of work (Exhibit A) in preparation to execute a contract for phase
one in an amount not to exceed $150,000. The scope of work includes the following major tasks:
Task 1
Task 2
Task 3
Task 4
Task 5
Task 6
Task 7
Task 8
Project Start-up & Management
Public Involvement
Project Context, Inventory and Analysis
Development Opportunities
Transportation Needs & Priorities
Market Analysis
Mixed-Use Zoning
Urban Village Plan
Phase two activities will be determined after completion of the planning process. Council has allocated
$1,481,142 to the Central Cluster for design and construction of unspecified improvements for the Six
Points and South Main urban villages.
TCB Inc., is in compliance with the City's DBE Program by committing to 25 percent DBE participation. The
City's goal on this project is 25 percent.
Logname: 22CENTRALCLUSTE Page 1 of 2
This project is located in COUNCIL DISTRICTS 2 and 8.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Grants Fund.
TO Fund/Account/Centers
FROM Fund/Account/Centers
GR76 531200 022456167100 $150,000.00
Submitted for City Manager's Office b�[' Libby Watson (6183)
Originating Department Head• Fernando Costa (8042)
Additional Information Contact: Scott Bellen (6942)
Logname: 22CENTRALCLUSTE ' Page 2 of 2