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HomeMy WebLinkAboutContract 45888 CITY SECRETARY CONTRACT NO. �I PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND URBAN LAND INSTITUTE This PROFESSIONAL SERVICES AGREEMENT ("Agreement") for the Technical Assistance Program is made and entered into on this ZJ day of August, 2014 ("Effective Date")by and between the City of Fort Worth("City"), a home-rule municipal corporation,acting by and through its duly authorized Assistant City Manager, and THE URBAN LAND INSTITUTE ("ULI"),a non-profit corporation, acting in the State of Texas through its North Texas District Council by and through Pamela Stein, its duly authorized Executive Director. The foregoing entities are each sometimes referred to herein individually and collectively as the "Parties." WHEREAS, ULI is a nationally recognized, non-profit corporation with expertise in the planning and utilization of urban land; and WHEREAS, ULI maintains a Technical Assistance Panel ("TAP") Committee for the purpose of benefitting the general public through improved planning and utilization of urban land;and WHEREAS, The City desires to obtain professional advice and recommendations from ULI regarding the design and redevelopment opportunities for the area referred to as the Vickery and Main site; and WHEREAS,the City desires to engage ULI to provide such advisory services to the City according to the terms and subject to the conditions set forth herein; NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: 1. SCOPE OF SERVICES. 1.1 ULI hereby agrees to provide the City with professional consulting services for the purpose of consultation and technical expertise to conduct a technical assistance panel ("TAP")workshop to be held on or about August 25-26, 2014 and entitled "Fort Worth: Vickery and Main Study." The TAP program and the services to be provided by ULI are more particularly described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. Unless otherwise specified in Exhibit A, the TAP process (including information gathering and other preliminary work) shall begin promptly following the Effective Date and a written summary report shall be completed no later than October 20, 2014,unless extended by the Parties in writing. Both Parties will be subject to the TAP Responsibilities attached as Exhibit B and also agree to the Proposed Agenda attached as Exhibit C to this Agreement. Attached hereto and incorporated herein for all purposes incident to this Agreement is Exhibit A,which more specifically describes the services to be provided hereunder("Services"). 1.2 The Services for this Agreement shall be split into three steps, all of which are generally described below and set forth in more detail in Exhibit A. 1.2.1 Step I-Contextual Research and Analysis 1.2.2 Step II-Proposed Project:Assessment and Recommendations 1.2.3 Step III-Presentation to stakeholders 1.3 Standard of Care; Reliance: ULI shall perform all of its services under this Agreement in a professional manner, consistent with good practices in the real estate and design professions and with the educational mission of ULI. ULI warrants that the TAP work product will not infringe upon the intellectual property rights of any third party. Except as stated above, ULI makes no express or implied warranties regarding the work product to be provided hereunder, and all work product is providetw right to rely on information provided by the City, the Fort Worth Housing Authority a conducting the TAP without the need for independent confirmation.Professional Services Agreement with The North Texas District Council of the Urban Land Institute 2. TERM AND TERMINATION. 3.1 Term. Unless terminated earlier pursuant to the terms of this Agreement, this Agreement shall commence upon the Effective Date and terminate or upon completion of the Services specified whichever is earlier. Articles 5, 7, 8, and 9 herein shall survive the term of this Agreement. 3.2 Termination for Convenience. 3.2.1 The City may terminate this Agreement for its convenience upon ten (10) days written notice to ULI. Upon receipt of such notice,ULI shall immediately discontinue all Services and work in connection with the performance of this Agreement. If the City terminates this Agreement under this section, ULI shall retain the Initial Payment and in addition the City shall pay ULI for Services actually performed in accordance herewith prior to such termination in accordance with a final statement submitted by ULI documenting the performance of such work. 3.2.2 ULI may, for any reason, terminate this Agreement upon ten (10) days written notice to the City. ULI shall provide the City with copies of all completed or partially completed documents prepared under this Agreement on or before the effective date of termination. If the ULI terminates this Agreement under this section, ULI shall retain the Initial Payment and in addition,the City shall pay ULI for Services actually performed in accordance herewith prior to such termination, in accordance with a final statement submitted by ULI documenting the performance of such Services 3.3 Termination for Cause. Either Party may terminate this Agreement for cause in the event a party fails to perform in accordance with the terms and conditions contained herein. In such event, the Party seeking termination for cause shall give the other party written notice of the party's failure to perform, giving the breaching parry fourteen (14) calendar days to come into compliance with the Agreement's requirements. If the breaching parry fails to come into compliance with this Agreement, the parry seeking termination for cause shall notify the breaching party, in writing, and this Agreement shall be terminated as of the date of such notification. 3.4 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, City will notify ULI of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds shall have been appropriated. 3.5 Upon termination of this Agreement for any reason, ULI shall provide the City with originals and copies of all completed or partially completed work prepared under this Agreement within thirty (30) calendar days after the effective date of termination, unless otherwise stated in this Agreement. 3. COMPENSATION. 4.1. The City shall pay ULI an amount not to exceed Sixteen Thousand Dollars and No Cents ($16,000.00) in accordance with the terms of this Agreement and the fee schedule set forth below (the "TAP Fee"), and upon completion of Services rendered shall constitute full compensation for all Services rendered and materials furnished by ULI under this Agreement. 4.2 The City and ULI agree that portions of the TAP Fee will be paid by Fort Worth South, Inc., the Fort Worth Transportation Authority and the Fort Worth Housing Authority, and ULI will directly invoice these benefitting parties. If necessary, the City will assist ULI in obtaining full payment promptly following submission of such invoices. ULI agrees that a portion of the TAP Fee in the amount of$2,500.00 will be paid to the Fort Worth Chapter of the AIA in consideration of the participation of its members. Professional Services Agreement with The North Texas District Council of the Urban Land Institute 2 of 12 4.2.1 Payment of local meeting expenses such as meeting room costs, parking, refreshments, lunches and meeting supplies (copies of background data, easels, paper, etc.) are not included in the above compensation and will be separately provided by or paid for by the City in addition to its $1000 portion of the TAP Fee. 4.3 ULI shall not perform any additional services for the City not specified by this Agreement unless the City requests and approves in writing the additional services and costs for such services. The City shall not be liable for any additional expenses of ULI not specified by this Agreement unless the City first duly approves such expenses in writing. City and ULI may amend this Agreement to allow for additional payment if additional services are required. 4.4 ULI and the City understand that completion of many of the deliverables is dependent on collaborative work by both parties and on meetings with multiple stakeholders from various organizations. As such, it may be necessary to modify the timeline and/or due dates for deliverables as the project progresses. In such cases and where appropriate, the parties may agree, in writing, to extend or modify any of the time deadlines set forth in this Agreement. 5. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS. 5.1 City shall own all right, title, and interest in the work produced by ULI under this Agreement (collectively, "Work Product") at all times throughout the world and any ULI recommendations arising out of the TAP may or may not be implemented by the city or its designated agents in its discretion. Further, City shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of the City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, and City will be considered the author of the Work Product, with all rights appurtenant thereto. If, and to the extent such Work Product, or any part thereof, is not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, ULI hereby expressly assigns, sells, and transfers, and to the extent any such assignment, sale, or transfer cannot be made at the present time to City, agrees to assign, sale, and transfer, all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that the City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of the City. Notwithstanding the foregoing, it is further understood that ULI shall have a non-transferable royalty-free perpetual license to may make such non- commercial use of the TAP work product as it may deem desirable, and the City hereby specifically agrees that ULI may publish and disseminate any TAP report or any part thereof in conjunction with its customs and program of work. 5.2 The City shall have access to and be entitled to review and copy any portion of the Work Product at any time. 6. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 6.1 ULI hereby warrants to the City that ULI has made full disclosure in writing of any existing or potential conflicts of interest related to ULI's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, ULI hereby agrees immediately to make full disclosure to the City in writing. 6.2 ULI may assume that any information provided by the City or any other public agency is non- confidential unless otherwise specified by the City at the time of delivery of such information. Each Party to this Agreement, including its agents and subcontractors, may gain access to confidential data or information owned or maintained by the other Party in the course of carrying out its responsibilities under this Agreement. Each Party shall presume that all information received from a non-public agency is confidential. No confidential data collected, maintained, or used in the course of performance of this Agreement shall be Professional Services Agreement with The North Texas District Council of the Urban Land Institute 3 of 12 disseminated during or after the performance of this Agreement except as may be required by court order or similar governmental obligation, or with the written consent of the providing Party. The foregoing obligations shall not apply to confidential data or information lawfully in the receiving Party's possession prior to its acquisition from the disclosing Party; received in good faith from a third party not subject to any confidentiality obligation to the disclosing Parry; that now is or later becomes publicly known through no breach of confidentiality obligation by the receiving Party; or is independently developed by the receiving Party without the use or benefit of the disclosing Party's confidential information. 7. RIGHT TO AUDIT. 7.1 ULI agrees that the City shall, until the expiration of three years after final payment under this Agreement, have access to and the right to examine at reasonable times any directly pertinent books, documents,papers and records of the ULI involving transactions relating to this Agreement at no additional cost to the City. ULI agrees that the City shall have access during normal working hours to all necessary ULI facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give ULI reasonable advance notice of intended audits. 7.2 ULI further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, until expiration of three years after final payment of the subcontract, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable notice of intended audits. 8. INDEPENDENT CONTRACTOR. 8.1 It is expressly understood and agreed that ULI shall operate as an independent contractor as to all rights and privileges granted herein, and not as agent, representative or employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement, ULI shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors and subcontractors. ULI acknowledges that the doctrine of respondeat superior shall not apply as between the City, its officers, agents, servants and employees, and ULI, its officers, agents, employees, servants, contractors and subcontractors. ULI further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and ULI. 9. LIABILITY AND INDEMNIFICATION. 9.1 LIABILITY. ULI SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF ULI, ITS OFFICERS, AGENTS,SERVANTS OR EMPLOYEES. 9.2 INDEMNIFICATION. ULI COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY,HOLD HARMLESS,AND DEFEND,AT ITS OWN EXPENSE,THE CITY FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS, CAUSES OF ACTION, LIENS, LOSSES, EXPENSES, COSTS,FEES (INCLUDING, BUT NOT LIMITED TO,ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES, AND/OR SUITS OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT LIMITED TO, WORKERS' COMPENSATION ACT LIABILITY, LOST PROFITS, AND PROPERTY DAMAGE) AND/OR PERSONAL INJURY (INCLUDING, BUT NOT LIMITED TO, DEATH) TO ANY AND ALL PERSONS, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT,OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED,ARISING OUT OF OR RESULTING FROM ANY ACTS,ERRORS, Professional Services Agreement with The North Texas District Council of the Urban Land Institute 4 of 12 OR OMISSIONS OF ULI AND/OR ULI'S CONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, MEMBERS, PARTNERS, AND REPRESENTATIVES IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS CONTRACT,EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE GROSS NEGLIGENCE OF THE CITY. 9.3 IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST THE CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM,ULI, ON NOTICE FROM THE CITY, SHALL DEFEND SUCH ACTION OR PROCEEDING, AT ULI'S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. 9.4 ULI shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of the City in substantially the same form as above. 10. ASSIGNMENT AND SUBCONTRACTING. 10.1 ULI shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of the City. If the City grants consent to an assignment, the assignee shall execute a written agreement with the City and the ULI under which the assignee agrees to be bound by the duties and obligations of ULI under this Agreement. The ULI and assignee shall be jointly liable for all obligations under this Agreement prior to the assignment. If the City grants consent to a subcontract, the subcontractor shall execute a written agreement with the ULI referencing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of the ULI under this Agreement as such duties and obligations may apply. The ULI shall provide the City with a fully executed copy of any such subcontract. 11. INSURANCE. 11.1 ULI shall provide the City with certificate(s) of insurance documenting policies of the following minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement. ULI has an ongoing duty to provide the City with an annual certificate of insurance to evidence coverage. Such insurance shall cover all insurable risks incident to or in connection with the execution, performance, attempted performance or nonperformance of this Agreement. ULI shall maintain the following coverage and limits thereof: 11.1.1 Coverage and Limits (a) Commercial General Liability i. $1,000,000 Each Occurrence ii. $1,000,000 Aggregate (b) Professional Liability—Errors&Omissions i. $1,000,000 Each Occurrence ii. $1,000,000 Annual Aggregate Limit iii. This coverage shall protect the insured against claims arising out of alleged errors in judgment, breaches of duty and wrongful acts arising out of their management duties. 11.2 Additional Requirements 11.2.1 Insurers of ULI's insurance policies shall be licensed to do business in the state of Texas by the Department of Insurance or be otherwise eligible and authorized to do business in the state of Texas. Insurers shall be acceptable to the City insofar as their financial strength and solvency and each such company shall have a current minimum A.M. Best Key Rating Guide rated of A-: VII or other equivalent insurance industry standard rating otherwise approved by Professional Services Agreement with The North Texas District Council of the Urban Land Institute 5 of 12 the City. 11.2.2 Coverage shall be claims-made, and maintained for the duration of the contractual agreement and for two (2)years following completion of services provided. The certificate of insurance shall state the coverage is claims-made and include the retroactive date. 12. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS. 12.1 ULI agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations. If the City notifies ULI of any violation of such laws, ordinances, rules or regulations, ULI shall immediately desist from and correct the violation. 13. NON-DISCRIMINATION COVENANT. 13.1 ULI,for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of ULI's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. If any claim arises from an alleged violation of this non-discrimination covenant by ULI, its personal representatives, assigns, subcontractors or successors in interest, ULI agrees to assume such liability and TO INDEMNIFY AND DEFEND THE CITY AND HOLD THE CITY HARMLESS FROM SUCH CLAIM. 14. NOTICES. 14.1 Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other parry, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other parry by United States Mail,registered,return receipt requested, addressed as follows: To CITY: To ULI: City of Fort Worth Urban Land Institute- Planning and Development Department North Texas Attn: Fernando Costa Attn: Pamela B. Stein 1000 Throckmorton 6060 North Central Expressway, Suite 101 Fort Worth TX 76102 Dallas,TX 75206 Phone: 817-392-6122 Phone: 214-269-1874 Email: femando.costa @fortworthgov.org Email: pame Ia.stein @uli.ora 15. GOVERNMENTAL POWERS. 15.1 It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers. 16. NO WAIVER AND SEVERABILITY. 16.1 The failure of the City or ULI to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or ULI's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 16.2 If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 17. GOVERNING LAW/VENUE. 17.1 This Agreement shall be construed in accordance with the internal laws of the State of Texas. If Professional Services Agreement with The North Texas District Council of the Urban Land Institute 6 of 12 any action, whether real or asserted, at law or in equity, is brought on the basis of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 18. FORCE MAJEURE. 18.1 The City and ULI shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control (force majeure), including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 19. HEADINGS NOT CONTROLLING. 19.1 Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 20. REVIEW OF COUNSEL AND SIGNATURE AUTHORITY. 20.1 The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 20.2 The person signing this agreement hereby warrants that he/she has the legal authority to execute this agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. 21. AMENDMENTS/MODIFICATIONS/EXTENSIONS. 21.1 No extension, modification or amendment of this Agreement shall be binding upon a party hereto unless such extension, modification, or amendment is set forth in a written instrument,which is executed by an authorized representative and delivered on behalf of such party. 22. ENTIRETY OF AGREEMENT. 22.1 This Agreement, including the schedule of exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and ULI, their assigns and successors in interest, as to the matters contained herein.Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 23. EXHIBITS. 23.1 The exhibits to this Agreement are incorporated by reference herein, and the Parties agree to comply with all of the terms and conditions set forth in such exhibits. To the extent that there is a conflict between an exhibit and this Agreement,the terms of this Agreement shall control. 24. COUNTERPARTS. 24.1 This Agreement may be executed in one or more counterparts, each of which will be considered an original, and all of which taken together will constitute on and the same instrument and will be effective as of the Effective Date. [Signature page follows.] Professional Services Agreement with The North Texas District Council of the Urban Land Institute 7 of 12 IN WITNESS WHEREOF,the parties hereto have executed this Agreement in the State of Texas to be effective as of the Effective Date. CITY OF FORT WORTH: NORTH TEXAS DISTRICT COUNCIL OF THE URBAN LAND INSTITUTE c By: ��. By: Fernando Costa Pamela Stein Assistant City Manager Executive Director Date: Date: k C7 APPROVED AS TO FORM AND LEGALITY: By: Melinda Ramos Senior Assistant ity Attorney /Ito Mac ATTE By. City Secre wr o %0 C.)$ °- No M&C required $ 8� 0 XAS OFFICIAL RECORD CITY SECRETARY s WORTHO TX Professional Services Agreement wilh'1'he North I exas District Council of the Urban Land Institute 8 of 12 EXHIBIT A SCOPE OF SERVICES ULI TAP: Fort Worth —Vickery & Main August 25-26, 2014 Location: Amphibian Theater, 120 S. Main Street ULI will provide,on a volunteer basis,the following professionals (or alternates approved by sponsor in case of illness or other unavailability): Group A: ULI Technical Assistance Panel (TAP) Don Gatzke, Chair UTA Michael Bennett Bennett Benner Partners (with Amy Brooks as staff support) Andrew Blake Presidio Interests Arti Harchekar Townscape, Inc. Printice Gary Carleton Residential Properties Mark Meyer TBG Partners David Pettit David Pettit Economic Development Mark Wolf JHP Architects The City will be responsible for identifying the appropriate representatives of the following agencies and will schedule meetings as described on Exhibit C: Group B:Stakeholder Team Fort Worth Housing Authority Fort Worth Transportation Authority City of Fort Worth Fort Worth South South Main Property Owners Group C:Other Interested Parties TIF board members and key staff DFWI T&P Homeowners Association TxDOT The services to be provided by UI will consist of the following steps: Panel Scope of Work A. Step I: Contextual Research and Analysis The TAP members will review and analyze the materials listed on Exhibit B. Interviews with area stakeholders will be conducted in accordance with the schedule provided on Exhibit C(subject to reasonable modification depending on availability of the parties to be interviewed). This phase of the work will include the following: 1. Review of briefing materials provided by project sponsors in advance of workshop. 2. Review of future rail and transit service plans- including TEX rail and high speed rail connection to Dallas 3. Stakeholder interviews—to be scheduled by project sponsors Deliverable:Summary of primary findings 4. Vicinity analysis and project synergy diagram - identify redevelopment proposals and opportunity areas to gain an understanding of the project's immediate context and potential synergy with other efforts. Deliverable:Diagram illustrating vicinity analysis Professional Services Agreement with The North Texas District Council of the Urban Land Institute 9 of 12 B. Step II: Proposed Project:Assessment and Recommendations After completion of the interviews and after touring the TAP site and surrounding area as necessary, the TAP panel will explore alternative plans for the development of the TAP study area to provide housing and retail or office uses in accordance with the objectives of the Sponsor and other stakeholders. This portion of hte work will include the following: 1. Review and assessment of proposed program and implementation approach -assess viability of proposed program and make recommendations to maximize the project's effectiveness and performance over the long-term, without diverting from the principle goals of the project: mixed- income housing, redevelopment catalyst,transit synergy, parking, and financial stability. Recommend amount of residential, commercial and parking uses for the site. Deliverable:Summary of findings and any recommended modifications to proposed program and implementation strategy to be carried out by FWTA and FWHA 2. Conceptual site plan-depict the site's circulation, building footprints, building program, public spaces and streetscapes, and private gathering spaces Deliverable:Rendered conceptual site plan 3. Architectural and urban design recommendations-strategies to ensure project adheres to the Near Southside's urban design principles and achieves a high standard of excellence as a prominent and visible landmark Deliverables:Sketches and precedent illustrations and/or photos to depict recommended design approach 4. Development cost estimate and analysis of financial performance, with recommendations Deliverable:Development proforma showing financial analysis of proposal, could include alternatives 5. Recommended steps toward implementation Deliverable:Summary of recommended steps C. Step III: Presentations to Stakeholders The TAP panel will meet with the stakeholders and other interested parties at the end of the first day to discuss preliminary concepts and obtain comments. The final recommendations of the TAP panel will be presented to the stakeholders and interested parties on the afternoon of the second day of the TAP. Deliverables:PowerPoint presentation, concept drawings, digital photos, and/or other display materials produced for the stakeholder presentation A formal written summary of the TAP process and recommendations will be provided to the City and will also be presented to the public at a ULI meeting scheduled for October 29, 2014. Professional Services Agreement with The North Texas District Council of the Urban Land Institute 10 of 12 EXHIBIT B TAP RESPONSIBILITIES In addition to the payment and other obligations of the City described in the Agreement,the City will provide (or cause the applicable agency to provide)the following materials for review prior to date of the scheduled TAP: List of needed resource and TAP materials: 1. Fort Worth South Development Plan report 2. Downtown Fort Worth Development Plan report 3. FW Housing Authority expectations for project and current project scope 4. FW Transportation Authority expectations for project 5. FWHA and FWTA Memorandum of Understanding 6. Existing Conditions to include the following • Property configuration—plat and/or survey • Relationships to adjoining land and parcels • Easements, zoning district and standards,TIF districts, NEZs • Existing development on the site • Area photos • Utility location, availability and easements • Parks and recreation • Topography • Hydrology, drainage patterns and flood plain extent—Stormwater map 7. Study on needs of affordable housing within Fort Worth 8. Retail market study for area if available 9. Current and projected rail and bus transit routes and ridership 10. Regional high speed rail plan 11. Fort Worth streetcar study(2008) All documents to be placed on DropBox or similar website for access by TAP panel and staff. The TAP panel will review the materials listed above, conduct interviews as provided on the Schedule (Exhibit C) and develop recommendations for the study area, all as more fully described on Exhibit A. The recommendations of the panel and a description of the TAP process will be presented as described in Exhibit C and summarized in a final written report prepared under the direction of ULL Professional Services Agreement with The North Texas District Council of the Urban Land Institute 11 of 12 EXHIBIT C PROPOSED AGENDA Schedule: Monday,August 25th Time Agenda Group 8:00-9:15 Breakfast and Workshop Prep A 9:15-12:00 Stakeholder Interviews(30 min each) A,B 9:15-9:45 FWHA 9:45-10:15 FWTA 10:15-10:45 CFW 10:45-11:15 FW South 11:15-12:00 South Main Property Owners 12:00-5:00 Lunch and Work Session A 5:30-6:30 TAP Draft Presentation-Critique Session A,B, C Tuesday,August 26th Time Agenda Group 8:00-12:00 Breakfast and Work Session A 12:00-5:00 Lunch and Final Prep A 5:30-6:30 TAP Final Presentation A,B, C, Public Professional Services Agreement with The North Texas District Council of the Urban Land Institute 12 of 12 hp color LaserJet 4650 printers 10" i n v e n t Error: Unable to store job at printer Reason: Insufficient disk space for this job Solution: Delete some files from the disk before resending this job.