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HomeMy WebLinkAboutO-2002-2559 ;. e . ORDINANCE NO. 02- 2..Ssq AN ORDINANCE AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND HALFF ASSOCIATES FOR DEVELOPMENT OF A PEDESTRIAN AND BICYCLE TRAIL IMPLEMENTATION PLAN; APPROPRlATlNG $30,000.00 TO FUND SAID AGREEMENT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte, The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. The City Council appropriates the sum not to exceed $30,000.00 for the La Porte Pedestrian and Bicycle Trail Implementation Plan, from the FY 2001-2002 CIP account 015-9892-855, to fund said Agreement, Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves, and confirms such written notice and the contents and posting thereof. .. e e Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 10TH day of June, 2002. CITY OF LA PORTE By: 4~~~ ormad" L. Malone, Mayor ATIEST: ~~MHL Martha Gillett, City Secretary Knox W. Askins. City Attorney e e Stephen L Barr elL AGENDA ITEM RE Agenda Date Requested: Appropriation Requested By: Fund 015 Department: Parkl & ve(re'at;<<PD Account Number: 01 ~..91J91-855 Re ort: Resolution: rdinance: X Amount Budgeted: $33,000 Exhibits: Ordinance No. 2002- Amount Requested: $30,000 Exhibits: Ae:reement Budgeted Item: YES X NO Exhibits: CIP Proposal Document FY 2001-2002 SUMMARY & RECOMMENDATION In the FY 2001-2002 budget, City Council approved funding in the amount of $33,000, for development of a Trail Implementation Plan for the City of La Porte. The Plan, when finished, will provide a strategy for setting up pedestrian and bicycle trails throughout the City of La Porte. as outlined in the recently approved Park Master Plan. Halff and Associates, as. .the consulting/engineering firm that prepared the Park Master Plan. possesses sufficient knowledge and expertise to continue work to develop a Trail Implementation Plan for the City of La Porte. Attached is an Agreement for Professional Services. Fee basis is time and material not to exceed $30,000 for the project. This fee is in-line with fees for other projects of this scope. The project is expected to be completed within 180 days after execution, including staff review time, in three phases. Phase I will collect data, identify key trail corridors, and generate a summary of assessed needs; Phase IT will evaluate and prioritize potential trail segments. develop uniform design standards where feasible, and generate a prioritized plan for the city; Phase ill will categorize phases and segments, estimate costs for each phase, and identify potential funding sources in a final plan format. In the telephone survey portion of the Park Master Plan Needs Assessment, 87% of La Porte respondents were in favor of development of a trail system for La Porte. Completion of this Implementation Plan will give the City the blueprint it needs to begin installing the pedestrian and bicycle trail system that was envisioned in the Comprehensive Plan Update and the Park Master Plan, for use by the citizens of La Porte. Action Reauired bv Council: Consider approval of an ordinance authorizing the City Manager to execute an Agreement for Professional Services with Halff Associates. Inc. for development of a Trail Implementation Plan, and authorizing $30,000 to fund said Agreement. Aooroved for City Council A2enda CX~ T ~ Robert T. Herrera, City Manager ~ - lr 01..... Date q' q q , q ~ ~ ~' ~ ~ , ~ q q q ~ ~ ~ ~ .. e e PEDESTRIAN 'AND BICYCLE TRAIL SYSTEM ,~; : , .... . . l . ~' ~,j ." oo~. "j , . ~ 'j :.:', , ;.': ,.:,J~~ ::"'+~:~\~"~' '~"';"~ ':.y'" ~~' ~p .,\' ':~",',:, "~~ci.. ~ ". ~ .. "'I' "~ Proposed Budget $33,000 , . , These funds will be earmarked for design of ~ Pe~stdan ' and BiCycle Trail.System for La.Porte. T~e proposed. trail system will strive to conne~ parks to e~ch .other as"well as --,I,..i with. major service' .cent~rs suc~ ~s the Central Business', '. ,,' ," District, SH: 146 at Fainjiont Parkway 'and 'perhaps: other . .. .. , cities, as, well.. The .proposed tr~r system wc;>ul~f.,utilize' ,'. v~ous. rb~~e~: includ~ng," *ti1ity', tight~of.way, floo~. ~ont;t~~,' . rightS-qf-w~y;. La P'?rte,. H~s.'CqrintY, and State r9~~way~ . to pr~vide, access to '.the ,des~ed ~~ca~ons iIi, a- '~~fe: usabie fashion.' , ,,'T~e design is' expecte<;l, 'to ide~tify particular . . . . ~e'atri1epts for each type, of ,roci4. or. li~~ty' 'rigbt:-of-way ~o-ntemplated for the sys~~in.. Once ~is plan, and st~dards : are ,in place~ La Porte sh941d. have a"greater oppprtUnity to. , secure outSide funding. " , 1-5 . II HaIff Associates ENGINEERS. ARCHITECTS. SCIENTISTS PLANNERS.SURVEYORS e 3701 KIRBY DRIVE, SUITE 1290 HOUSTON, TEXAS n098 (713) 523.7161 FAX (713) 523.4373 May 8, 2002 1008-02-2107 Mr. Stephen Barr City of La Porte Parks and Recreation P,O, Box 1115 -1322 S. Broadway La Porte, TX 77572 Re: Pedestrian and Bicycle Trail Implementation Plan for the City of La Porte Dear Mr. Barr: Please find attached our general contract and attachments A and B, which are referred to in the contract language. Attachment A is the Scope of Services, and Attachment B is the Basis of Compensation for the contract. The contract is similar to the one we used for the La Porte Parks and Open Space Master Plan, so if you would like any specific changes to it, please let us know and we will gladly respond to them. We are excited and honored by the prospect of working with the City of La Porte again for this Trail Implementation Plan. We hope that our desire to provide you with the best possible service is adequately displayed in the attached Scope of Services, and that it meets your expectations. However, if you have any questions about any portion of this contract package. please do not hesitate to contact us. Yours truly, HAL~IATES' INC. ~.~b Director of Landscape Architecture HOUSTON . DALLAS . FORT WORTH . McALLEN TRANSPORTATION . WATER RESOURCES . LAND DEVELOPMENT . MUNICIPAL . ENVIRONMENTAL . STRUCTURAL MECHANICAL . ELECTRICAL . SURVEYING . GEOGRAPHIC INFORMATION SYSTEMS ARCHITECTURE . LANDSCAPE ARCHITECTURE . PLANNING ... ... ... . HaIff Associates ENGINEERS . ARCHITECTS . SCIENTISTS PLANNERS' SURVEYORS Halff Associates, Inc. Agreement for Services e I. SCOPE Haltt Associates, Inc. (hereinafter "Engineer") agrees to perform the services described in the attached scope of services labeled "Attachment AU, and further entitled Preoaration of a Citywide Pedestrian and Bicvcle Trail Imolementation Plan for the City of La Porte, which incorporates these terms and conditions. Unless modified in writing by the parties hereto, the duties of Haltt shall not be construed to exceed those services specifically set forth in Attachment A. "Attachment AU, and these General Terms and Conditions, when executed by Property Owner (hereinafter .Client.), shall constitute a binding Agreement on both parties. II. COMPENSATION Client agrees to pay monthly invoices or their undisputed portions within 30 days of receipt. Payment later than 30 days shall include interest at 1-1/2 percent per month or lesser maximum enforceable interest rate, from the date the Client received the invoice until the date Engineer receives payment. Such interest is due and payable when the overdue payment is made. Time-related charges will be billed as specified in the proposal under Attachment B . Basis of Compensation. Direct expenses will be billed at actual cost. Subcontracted services will be billed at actual cost plus a service charge of 0 (zero) percent. III. RESPONSIBiliTY Engineer is employed to render a professional service only, and any payments made by Client are compensation solely for such services rendered and recommendations made in carrying out the work. Engineer shall follow the standard practices of the engineering and architectural profession to make findings, provide opinions. make factual presentations, and provide professional advice and recommendations. In performing professional services, Engineer shall act as agent of Client. Engineer's review or supervision of work prepared or performed by other individuals or firms employed by Client shall not relieve those individuals or firms of complete responsibility for the adequacy of their work. It is understood that any resident engineering or inspection provided by Engineer is for the purpose of determining compliance with the technical provisions of the project specifications and does not constitute any form of guarantee or insurance with respect to the performance of a contractor. Engineer does not assume responsibility for methods or appliances used by a contractor, or for compliance by contractors with laws and regulations. IV. SCOPE OF CLIENT SERVICES Client agrees to provide relevant information as required by the Engineer to perform the scope of services, and to provide those services described in the attached Letter Proposal's Scope of Work. V. INDEMNIFICATION Engineer agrees to indemnify and hold Client harmless from damages, claims, demands, suits, causes of action, judgments, costs and expenses including reasonable attomey's fees and expenses resulting from: i. damage to property of any person, form, corporation or govemmental agency, including property of Client, and/or ii. death of or injury to any person or persons, including employees of Client, arising out of, and to the extent caused directly by, a negligent act or omission or willful misconduct of Engineer, its agents, servants, employees, and subcontractors of any tier, their agents, servants and employees. In the event that Client is found to be concurrently negligent, Engineer shall not indemnify for the proportionate negligence of Client, but shall indemnitY for the portion of negligence solely attributable to Engineer, its agents, servants, employees, and subcontractors of any tier, their agents, servants and employees. Neither party shall be liable to the other for incidental or consequential damages, whether or not the possibility of such damages has been disclosed or could have been reasonably foreseen. The parties shall indemnify one another against damages of third parties recoverable from the indemnitee to the extent caused by the comparative negligence of the indemnitor, up to an aggregate amount for the project of $1,000,000. Such negligence shall be measured by standards In effect at the time sarvlces are rendered, not by later standards. Client may not assert any claim against Engineer after the shorter of (1) 3 years from substantial completion of services giving rise to the claim, or (2) the statute of limitation provided by law. Client acknowledges Engineer may perfonn work at facilities that may contain hazardous materials or conditions, and that Engineer had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of Agreement for Services - Preparation of a Pedestrian and Bicycle Tralllmplementalion Plan for the City of La Porte Page 1 of 3 Halll Associates Inc. 5/9/02 ... ... ... e HaIff Associates ENGINEERS . ARCHITECTS . SCIENTISTS PLANNERS . SURVEYORS Agreement for Services (continued) e Client, Client agrees to indemnify, defend, and hold Engineer harmless (including attorneys' fees) from any and all losses, damages, claims, or actions brought by any third party or employee of Client against Engineer or Engineer's employees, agents, officers or directors, in any way arising out of the presence of hazardous materials at the facilities, except for claims shown by final judgment to arise out of the sole negligence of Engineer. VI. INSURANCE Engineer shall maintain. during the life of the Agreement the following minimum insurance: 1. Commercial general liability insurance, including personal injury liability, blanket contractual liability, and broad form property damage liability. The limit shall be not less than $2,000,000. 2. Automobile bodily injury and property damage liability insurance with a limit of not less than $2,000,000. 3. Statutory workers' compensation and employers' liability insurance as required by state law. 4. Professional liability insurance. VII. SUBCONTRACTS Engineer shall be entitled, to the extent determined appropriate by Engineer, to subcontract any portion of the work to be performed under this project. VIII. ASSIGNMENT This Agreement is binding on the heirs, successors, and assigns of the parties hereto. The Agreement is not to be assigned by either Client or Engineer without the prior written consent of the other. IX. INTEGRATION These terms and conditions and Attachment A - Scope of Work to which they are attached represent the entire understanding of Client and Engineer as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. The Agreement may not be modified or altered except In writing signed by both parties. X. JURISDICTION AND VENUE This Agreement shall be administered and Interpreted under the laws of the State in which the Engineer's office performing the majority of the work for this project is located. Jurisdiction of litigation arising from the Agreement shall be in that State. If any part of the Agreement Is found to be In conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall be in full force and effect. Venue will be In the State District Court in Harris County- Texas. XI. SUSPENSION OF WORK Client may suspend, in writing, all or a portion of the work under the Agreement In the event unforeseen circumstances beyond the control of the Client make normal progress in the performance of the work impossible. Engineer may request that the work be suspended by notifying Client, in writing, of circumstances that are interfering with normal progress of the work. Engineer may suspend work on the project in the event Client does not pay invoices when due. The time for completion of the work shall be extended by the number of days the work Is suspended. In the event that the period of suspension exceeds 90 days, the terms of the Agreement are subject to renegotiation and both parties are granted the option to terminate work on the suspended portion of the project, in accordance with ArtiCle XII. XII. TERMINATION OF WORK Client or Engineer may terminate all or a portion of the work covered by the Agreement for its convenience. Either party may terminate work In the event the other party fails to perform in accordance with the provisions of the Agreement by giving 7 days prior written notice from the party initiating termination to the other. Notice of termination shall be by certified mail with receipt retumed to the sender. XIII. ALTERNATIVE DISPUTE RESOLUTION It is agreed by both parties that Arbitration, in any form, will not be allowed. Any claim(s), dispute(s) or other matter(s) in question between the parties to this Agreement arising out of or relating to this Agreement, or the breach thereof, which are not disposed by mutual agreement of the parties, shall be submitted, if . agreed in writing by both parties, to mediation prior to submission of the matters In question to appropriate courts of law. The parties will attempt in good faith to resolve any controversy or claim arising out of or relating to this agreement promptly by negotiation between senior executives of the parties who have authority to settle the controversy. The disputing party shall give the other party written notice of the dispute. Within ten days after receipt of said notice, the receiving party shall submit to the other a written response. The notice and response shall Include (a) a statement of each party's position, and (b) the name and title of the executive who will represent that party. The executive shall meet at a mutually Agreement for Services - Preparetion of a Pedestrian and Bicycle Tralllmplemenlation Plan fOl'the City of La Porle Page 2 of 3 Hal" Associates Inc. 519102 e HaIff Associates e ENGINEERS . ARCHITECTS . SCIENTISTS PLANNERS . SURVEYORS Agreement for Services (continued) acceptable time and place within twenty days of the date of the disputing party's notice and thereafter as often as they reasonably deem necessary to exchange relevant information and to attempt to resolve the dispute. " the controversy or claim has not been resolved within thirty days of the meeting of the senior executives, the parties shall endeavor to settle the dispute by mediation under the Center for Public Resources Model Procedure for Mediation of Business Disputes or pursue amicable termination. If the matter haS not been resolved pursuant to the aforesaid mediation procedure within sixty days of the commencement of such procedure. (which period may be extended by mutual agreement), or if either party will not participate in such procedure, the parties shall pursue amicable termination. APPROVED: :::~~J;gM wo;;. Titfe: V. (J. Date: 5""/'1/ ') ~ TItle: Date: APPROVED: Client: City of La Porte Signature~~ T ~ ....< Typed or Printed Name: O.f! '/ (I I ::: tlt~~Ag(r . e.. fL 0... Agreemenllor Services - Preparation of a Pedastrlan and Bicycla Tralllmplemenlallon Plan lor the Chy of La Porle Page 3 of 3 Halll Associates Inc. 519102 Pro osal for Landsca e chitectural Services CITY OF LA PORTE - PEDESTRIAN AND BICYCLE TRAIL IMPLEMENTATION PLAN City of La Porte Pedestrian and Bicycle Trail Implementation Plan Attachment A Scope of Work for Halff Associates Inc. Halff Associates Inc. will provide the following services in preparing a citywide Pedestrian and Bicycle Trail Implementation Plan for the City of La Porte. General steps in the process are shown in the table below. , I,;. '.. ..~ .~: . . . i . <~. . .... ~';! : '. ....; . :1." .:.r.::>....: .:i' . . ,.;~~).f.~.<.:. .;" ". "':1: ;' ~W{.m Attachment A - Scope of Work City of La Porte Pedestrian and Bicycle Trail Implementation Plan Page 1 Pro osal for Landsca e rchitectural Services CITY OF LA PORTE - PEDESTRIAN AND BICYCLE TRAIL IMPLEMENTATION PLAN Phase I - Data Collection and Needs Assessment Compile the following elements in developing the needs assessment for the trail system and document them in written and mapped format. Preparation of Trail Plan Base Mappina Information from the existing Parks and Open Space Master Plan will be the basis for the Trail Plan, supplemented by more detailed mapping. Two levels will be illustrated, to ensure that the plan is comprehensive, yet sufficiently detailed to serve as a future guide. . Regional level, including fringes of adjacent cities. . Citywide level City generated maps, provided in CADD format by the city, will be used as well as the following: . Existing Parks and Open Space Master Plan with recommendations . Rail and utility system corridor plans . Digital orthographic imagery form TNRIS as available . Recreational studies . Regional, state and national trail interest publications Documentation of key trail corridors throuahout the plannina area Possible trail corridors, and general points of interest that could become linked with trails, will be shown in the base mapping: . Area lakes and bays . Creeks and drainage ways . Significant areas with potential overlooks . Significant natural areas . Major thoroughfares and freeways . Major utility corridors . Railroad corridors . Crossings for roads, utility corridors and waterways . Links between trail segments . Cross points with surrounding cities' trail systems Public Input Analysis Citizen goals will be documented, using trail-related public input recently gathered for the Parks and Open Space Master Plan: . Demographic Analysis . Results from Telephone Survey . Results from Public Meeting and Interviews . Data on Leagues, Associations, and City-run programs, if applicable Attachment A - Scope of Work City of La Porte Pedestrian and Bicycle Trail Implementation Plan Page 2 Pro osal for Landsca e chitectural Services CITY OF LA PORTE - PEDESTRIAN AND BICYCLE TRAIL IMPLEMENTATION PLAN DeveloD Preliminary Goals and Obiectives Establish key goals for the trail system based on information from base mapping and Parks Master Plan. Review with the Parks and Recreation Department in draft form and finalize. Identify aeneral needs for the trail system Account for different types of needs and projected future uses of the trail system: . Recreational needs - hiking, biking, jogging, skating, horseback riding etc. . Commuter needs within La Porte - connections to work, school and other areas, as available from existing information . Identified needs - specific needs gathered from public input Generate a summary of the assessed needs. aoals and obiectives Summarize needs, goals and objectives in written format to complement base mapping. . Needs based on Recreation Standards . Needs based on Prior Citizen Input . Needs based on Review of Existing Parks and Trails System Phase II - Develop Trail Plan Trail ConceDt Plan Evaluate potential trail routes and the relative potential for each trail segment to create a citywide and regional trail and greenbelt network. . Map key destinations on each corridor, including schools, retail areas, parks, civic facilities, colleges, etc. and list potential user groups. . Denote opportunities to create unique overlooks, connections to key parks and to the waterfront. . Map key linkages to trails/key destinations in adjacent cities. . Prioritize segments according to their contribution to the trail and greenbelt network. . Show applicable standards and regulations for all segments. . Prepare illustrations that show possible approaches for trail segment design. Attachment A - Scope of Work City of La Porte Pedestrian and Bicycle Trail Implementation Plan Page 3 Pro osal for landsca e chitectural Services CITY OF LA PORTE - PEDESTRIAN AND BICYCLE TRAIL IMPLEMENTATION PLAN Preparation of Recommendations Show recommendations for improvements of existing trail segments as well as all types of new trail segments. Show constraints (such as utility crossings, corridor constrictions etc.) and opportunities for developing each segment. · Denote possible types of trail use and suggest trail surfaces for each segment - hard surface trails, soft surface trails, on-street bicycle lanes etc. · Show approaches to trail connection points, trail roadway crossings and connections to neighboring communities for a network. · Provide recommendations for trail segments related to the type of provided corridor. . Develop uniform design standards where feasible. Public Meetina Present the trail concept plan to the citizens of La Porte in a citywide public meeting, to give the possibility for input and comments on the plan. Phase III - Implementation Plan Cost Estimatesllmplementation Plan (Expenditure Analvsis) This task will consist of three key steps: · Recommended improvement schedule, . Required funding level estimates, and . Funding source recommendations Prepare a development schedule for the plan components recommended above. Develop a year-by-year funding level summary to implement the Trail Plan. (Expenditure Plan) Attachment A - Scope of Work City of La Porte Pedestrian and Bicycle Trail Implementation Plan Page 4 Pro osal for Landsca e rchitectural Services CITY OF LA PORTE - PEDESTRIAN AND BICYCLE TRAIL IMPLEMENTATION PLAN . Use a 10-year time frame, to be reviewed and possibly updated by the La Porte Parks and Recreation Department as needed. . Show phases of trail improvements according to the priorities established in Phase II. . Prepare cost figures for individual trail segments based on recent bids or cost estimates. . Recommend potential sources of funding for the trails proposed in the Trail Master Plan. Report Preparation and Approval The information compiled in each of the tasks above will be combined into a printed report, 10 copies in black and one color copy of which will be submitted for review and approval by the City Staff, City Council and citizens of La Porte. Report Printina We will oversee the printing of the report to ensure that a high quality product is delivered to the city. A total of 5 color copies of the final report and a complete CD-ROM will be prepared. ;["~ : ~ : . .P,!n.ting ~f p. o ,_ .., -~ . -~ : ':i" . .~ ; I. ,. ,;, . ", '. .< '-:'. '". ,.. "., "( . ; "'"" :> ".;:: .:~ : . End of Scope of Work Attachment A - Scope of Work City of La Porte Pedestrian and Bicycle Trail Implementation Plan Page 5 ., . e Proposal for Landscape Architectural Services CITY OF LA PORTE - PEDESTRIAN AND BICYCLE TRAil IMPLEMENTATION PLAN City of La Porte Pedestrian and Bicycle Trail Implementation Plan Attachment B Basis of Compensation for Halff Associates Inc. Basic Services - Fee Summary Basic design and professional planning services as described in Attachment 'A' will be provided by Halff Associates Inc. on a not to exceed basis, with an authorized maximum fee of $27,000. The budget shown above excludes normal project expenses such as the cost of acquiring maps, reports and other documents necessary for the planning effort, printing of draft and final reports, delivery services, computer plots, and computer charges normally associated with production of these services. Charges for these project expenses will be provided on a not to exceed basis with an authorized maximum fee of $3000. Payment for services as described in Attachment 'A' will be computed on the basis of salary cost times a multiplier of 2.3 to determine the payment due for services. Salary cost is defined as the cost of salaries for time directly chargeable to the project, plus social security contributions, unemployment excise and payroll taxes, employment compensation insurance, retirement benefits, medical and insurance benefits, sick leave, vacation, and holiday applicable thereto. The multiplier is a factor that compensates Landscape Architect for overhead and profit. Payments shall also include Direct Non-Labor Expenses that, in general, include expenses for supplies, transportation, equipment, travel, communication, subsistence and lodging away from home, and similar incidentals. The Direct Non-Labor expenses shall be reimbursable at actual invoice cost plus 10%, except for living and travel expenses when away from the home office on business connected with the Project, which will be charged at actual cost. Services will be billed monthly, based on the percentage of work completed. A summary for each of the major tasks in the Basic Scope of Services is shown below, The cost of individual line items may vary as the project progresses, but the overall cost of the project will not be exceeded without Owner approval. End of Basis of Compensation Attachment B - Basis of Compensation City of La Porte Pedestrian and Bicycle Trail Implementation Plan Page 1