HomeMy WebLinkAboutRes.3014.09-06-2016 BILL NO. 16-147 RESOLUTION NO. 50/9
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH ARCTURIS, INC. ,
FOR THE DOWNTOWN STRATEGIC PLAN UPDATE
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS :
ARTICLE 1 . The City Manager, for and on behalf of the
City of Cape Girardeau, Missouri, is hereby authorized to
execute an Agreement with Arcturis, Inc. , for the Downtown
Strategic Plan Update, in the City of Cape Girardeau. The
Agreement shall be in substantially the form attached hereto as
Exhibit A, which document is hereby approved by the City
Council, with such changes therein as shall be approved by the
officers of the City executing the same .
PASSED AND ADOPTED THIS Ur DAY OF). � 2016.
Harry E. Rediger, Mayor '
ATTEST:
460'
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ea eiet-truce Taylor, eputy City Clerk ' • ll At'0! u: ,
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Agreement For Downtown Strategic Plan Update
Date: August 15,2016
Project Name: Downtown Cape Girardeau Strategic Plan Update
Principal: Megan Ridgeway
Project Manager: Russ Volmert
Client: City of Cape Girardeau
Client Contact: Mr.Alex McElroy
Client Address: City of Cape Girardeau
Development Services Department
401 Independence Street
Cape Girardeau,Missouri 63701
(573)339-6327
1. SCOPE OF SERVICES
This listing defines services performed by phase. All services may not be performed in the exact sequence as listed;or in
some cases,two or more may be performed simultaneously.
1.1. Project Initiation
This phase is necessary to establish general project parameters,initial information,and decision-making process,confirm
key contacts and understand existing conditions of Downtown Cape Girardeau and adjacencies.
1.1.1. Project Initiation:
Project Team Meeting:Meet with Downtown Development Team to review and confirm the scope of work,
project goals,schedule,and budget.
.1 Meeting Documentation: Document meeting discussion and conclusions in meeting notes.
1.1.2 Data Collection
.1 Literature Review:Review existing plans,surveys and data which affects Downtown Cape Girardeau. Such plans
may include,but not be exclusive of the following:
- City's Redevelopment Plan -City's Comprehensive Plan
- Old Town Cape's CID Parking Study -City's Development Incentive Programs/Portfolio
- 2009 Downtown Strategic Plan -Zoning Regulations
- Downtown Community Improvement -Parks/Open Space Plans
District(CID) ' -Tax Increment Finance(TIF) Redevelopment Plan
.2 Development Process Review: Develop understanding of the City's Development programs,including but not
exclusive of the following:
- Transportation Trust Fund -Capital Improvements Program -Parks and Recreation Stormwater Tax
.3 Socio-Economic Conditions/Trends Analysis: Identify and define realistic demographic and market contexts for
downtown planning and development
.4 Data Collection Summary:Develop brief summary of important information identified in the Literature Review and
•Development Process Review,for use in the plan alternatives production.
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1.1.3 Site Inventory/Analysis
.1 Site Visit/Inventory:Conduct site visits to Downtown Cape Girardeau to evaluate the following, but not be
exclusive of the following:
- Street Infrastructure/Network -Utilities
- Parks/Open Space -Pedestrian/Bicycle Networks
- Pedestrian Spaces -Building/Architectural Character
- Historical Sites -Employment Centers
- Civic/Cultural Institutions -Entertainment/Hospitality Centers
- Gateways -Vacant Parcels
.2 Site Inventory/Analysis Graphic:Produce a graphic plan which illustrates the inventory and analysis of Downtown
Cape Girardeau for use in the alternative development and in community engagement.
1.1.4 Project Team Meeting:
.1 Project Team Meeting:Meet with Downtown Development Team to review site inventory/analysis and the
proposed format for the first public meeting.
.2 Meeting Documentation:Document meeting discussion and conclusions in meeting notes.
1.1.5 Deliverables at the end of this phase:
.1 Data Collection Summary:digital file copy of Data Collection Summary.
.2 Site Inventory/Analysis Graphic: five(5)sets of 11x17,color prints and digital file copies.
.3 Meeting Documentation:digital file copy of Project Team Meeting documentation.
1.2.Community Engagement: Public Meeting#1
Engage the local community to gather their comments and ideas on the future of Downtown Cape Girardeau. The
engagement methods will include public meetings and the use of social media
1.2.1. Project Social Media
.1 Project Social Media Page:Setup and administer project social media page utilizing Facebook as a method to
engage the community throughout the duration of the project.
1.2.2. Public Meeting 41:
.1 Public Open House:Prepare,conduct and facilitate an open house to solicit public input regarding Downtown
Cape Girardeau. The Data Collection Summary and Site Inventory/Analysis will be presented along with images of
existing conditions of downtown to generate discussion and foster ideas from the public regarding proposed
improvements to Downtown Cape Girardeau.
.2 On Line Survey:a survey will be posted on-line via the social media page and city website,with the graphics and
narrative used on at the Open House meeting. The on-line survey will allow the citizens,who cannot attend the
meeting,to give their comments.
.3 Public Open House Documentation:Record and document public comments,meeting attendance,and meeting
discussion.
.3 Key stakeholder Discussions:Confirm and understand key stakeholder issues as summarized by the Downtown
Development Team members.
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1.2.3 Deliverables at the end of this phase:
.1 Social Media Page:administration access to the social media page.
.2 Public Open House Graphics:digital file copy of graphics and presentation files.
.3 On-Line Survey Summary:Summary of the comments/results of the on-line survey.
.4 Public Open House Documentation:digital file copy of the Public Open House documentation.
1.3.Visioning Session:
Conduct a visioning session with Downtown Development Team to develop initial alternative district plans,based on the
previous tasks 1.1-1.2. The Visioning Session Meeting will engage the project team members and selected key
stakeholders to generate ideas in plan and sketch graphics,within the demographic and market context identified by socio-
economic forces.
1.3.1. Visioning Session Meeting:
.1 Visioning Session: Facilitate brief discussion and plan production with the Downtown Development Team. Use of
sketches,precedent images and graphics will be utilized. The session focusing on opportunity areas,while not
exclusive,are listed below:
a)Opportunity Areas
- Identify potential highest/best use of properties,based on market factors,site conditions,
parcel/property lines and surrounding context,in the following areas:
1)Haarig District
2)Fountain Street Corridor(Highway 74 to Independence Street)
3)Commons Pleas Courthouse Complex
4)Courthouse Village
5)Broadway and Main Street Intersection/Adjacencies
6)North Main Street(Broadway to Isle Capri Casino)
-Recommend the proposed uses focusing on mixed use,housing and redevelopment.
.2 Visioning Session Documentation: Document discussion and conclusions in meeting notes.
1.3.2. Deliverables at the end of this phase:
.1 Meeting Documentation:digital file copy of Visioning Session documentation.
1.4. Strategic Plan Alternatives:
Produce strategic plan alternatives based on the Visioning Session and Tasks 1.1-1.2. Strategic Plan alternative will be
produced focusing on the Opportunity Areas and downtown areas identified in the Visioning Session. The Strategic Plan
alternatives will be produced and illustrated in plan graphics and in support graphics.
1.4.1 Strategic Plan Alternatives Development:
.1 Strategic Plan Alternatives: Develop a strategic plan alternative which illustrates the six(6)Opportunity Areas.
The alternatives will be produced at 1"=100'-0"scale or greater.
.2 Focus Area Plans: Plan alternatives will illustrate improvements throughout Downtown Cape Girardeau,with an
emphasis on the following:
a)Vehicular Circulation
-Identify proposed improvements for streets and intersections,including extensions or vacations.
-Identify public parking improvements.
-Identify key connections between districts and broader Cape Girardeau community beyond downtown.
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b)Connectivity Plan
- Recommend on-street bike network and off street trail network.
- Identify potential shuttle transit networks for downtown and beyond.
- Identify pedestrian linkages to destinations beyond downtown.
c)Residential Development Plan
- Propose areas for residential infill development.
- Recommend upper floor rehabilitation for residential.
- Identify existing buildings for conversion to residential use.
- Identify residential markets(student housing,family, multi-family,retirees,etc...)
d)Threshold Projects
- Recommend potential impact threshold projects of varying scale and complexity.
- Propose threshold projects which can be implemented in 1-3 years.
- Identify partners to help implement threshold projects.
e)Placemaking Plan
- Propose areas for plazas,pedestrian spaces and streetscapes for various downtown areas.
- Recommend placemaking ideas for the public realm(public art,lighting,gateways,landscaping,etc...)to
provide ideas for aesthetics and visual linkage between districts.
1.4.2 Project Team Meeting:
.1 Project Team Meeting:Meet with Downtown Development Team to review the strategic plan alternatives and the
proposed format for the second public meeting.
.2 Meeting Documentation:Document meeting discussion and conclusions in meeting notes.
1.4.3 Deliverables at the end of this phase:
.1 Strategic Plan Alternatives:plans in five(5)sets of 11x17,color prints and in digital file copies.
.2 Meeting Documentation:digital file copy of Project Team Meeting documentation.
1.5 Community Engagement: Public Meeting#2
Engage the local community to gather their comments and ideas on the Strategic Plan Alternatives. The engagement
methods will include public meetings and the continued use of social media
1.5.1 Public Meeting #2:
.1 Public Open House:Prepare,conduct and facilitate an open house to solicit public input regarding the Strategic
Plan Alternatives.
.2 Open House Documentation: Record and document public comments,meeting attendance,and meeting
discussion.
1.5.2 Deliverables at the end of this phase:
.1 Public Open House Graphics:digital file copy of graphics and presentation files.
.2 On-Line Survey Summary:Summary of the comments/results of the on-line survey.
.3 Public Open House Documentation:digital file copy of the Public Open House documentation.
1.6 Final Downtown Strategic Plan
Revise and finalize the selected Strategic Plan Alternative,into the final Downtown Strategic Plan,based on discussion
and conclusions in Project Team Meeting, Public Meeting#2 and subsequent analysis
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1.6.1 Final Strategic Plan Development:
.1 Final Strategic Plan:Finalize the strategic plan to illustrate the proposed improvements for the six(6)Opportunity
Areas. The final strategic plan will be produced at 1"=100'-0"scale or greater.
.2 Focus Area Plans:Area plans which propose improvements throughout Downtown Cape Girardeau,with an
emphasis on the following:
a)Vehicular Circulation
-Propose improvements for streets, intersections,and public parking.
-Propose connections between districts and Cape Girardeau community.
b)Connectivity Plan
- Propose improvements for on-street bike network,off street trail network and transit routes.
- Propose improvements to the pedestrian network.
c)Residential Development Plan
- Propose areas for residential infill development including single family attached,single family detached,
and multifamily developments.
- Propose existing buildings for conversion to residential use,including upper floor rehabilitation into
residential.
- Summary of the number of new residential units,type of units,approximate size and locations.
- Summary of identified residential markets which offer opportunity.
d)Threshold Projects
- Propose threshold projects which can be implemented 1-3 years and 3—5 years.
- Propose potential partners,both public and private sector,for implementation.
e)Placemaking Plan
- Propose areas for placemaking improvements in the downtown area.
- Propose placemaking ideas for the public realm in downtown.
1.6.2 Market Context:Socio-Economic Conditions and Trends
.1 Summary:Identification of conditions which will potentially affect future development opportunities and
implementation.
1.6.3 Implementation Plan:
.1 Action Items:Develop a list of action items based on the Final Downtown Strategic Plan. Identify responsibilities,
prioritization and timeframes for the action items.
.2 Funding Resources:Identify potential funding resources for the action items including local,state and federal
incentive programs.
1.6.4 Final Downtown Strategic Plan Report:
.1 Final Downtown Strategic Plan Report:Summary report of the Final Downtown Strategic Report with the narrative
of the planning process and final graphics. An outline of the report is listed below:
1)Executive Summary
2)Community Engagement Process
3)Final Downtown Strategic Plan
-Plans
-Graphics
4)Market Context Summary
5)Residential Market Summary
6)Implementation Plan
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1.6.5 Deliverables at the end of this phase:
.1 Final Downtown Strategic Plan Report:five(5)sets of 8.5x11,color print,bound report copy and in digital file copy.
.2 Meeting Documentation:digital file copy of Project Team Meeting documentation.
1.7 Plan Adoption
Facilitate the formal adoption of the Downtown Strategic Plan by presenting the plan to the entities with jurisdiction
In Downtown Cape Girardeau.
1.7.1 Final Downtown Strategic Plan Presentations:
.1 Plan Presentation to City Council:Present Downtown Strategic Plan to City Council of Cape Girardeau for approval
and adoption.A maximum of one presentation to City Council of Cape Girardeau.
1.7.2 Deliverables at the end of this phase:
.1 Final Downtown Strategic Plan Presentation:Digital file copy of presentation files.
2. ADDITIONAL SERVICES
The following are optional value added benefits not included under this contract:
.1 Permit Plans
.2 Additional public agency meetings
.3 Additional public meetings •
.4 Preliminary and Final Design Documents
3. PROJECT TEAM
The listing below designates team members for this project. Additional team members may be added as required.
3.1.ARCTURIS •
Megan Ridgeway,Principal-in-Charge/Architect
Russ Volmert,Project Manager
Gabe Presley,Landscape Architect
Gardner Burg, Urban Designer
David Wolff,Architect
3.2. Development Strategies
Bob Lewis,FAICP,CEcD
Brad Beggs,MAI
Brian Licari
4. SCHEDULE
1.1 Project Initiation: 08/15/16—09/09/16
1.2 Community Engagement: Public Mtg.#1 09/12/16—09/16/16
1.3 Visioning Session 09/26/15—09/30/16
1.4 Strategic Plan Alternatives 10/03/16—11/11/16
1.5 Community Engagement:Public Mtg.#2 11/14/16—11/18/16
1.6 Final Downtown Strategic Plan 11/21/16-01/20/17
1.7 Plan Adoption 01/23/17—03/17/17
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5. COMPENSATION
The above listed scope of work will be provided for an hourly not to exceed fee of$65,800(SIXTY FIVE THOUSAND EIGHT
HUNDRED DOLLARS)plus reimbursable expenses,expected not to exceed$1000(ONE THOUSAND DOLLARS)
The scope of work and the attached Terms and Conditions of Agreement as outlined in this Work Authorization are
satisfactory and are hereby accepted. ARCTURIS may proceed with the work,and payment will be made as set forth herein.
Agreed to by:
ARCTURIS City of Cape Girardeau
Authorized Representative Date Authorized Representative Date
Principal Title
•
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TERMS AND CONDMONS OF AGREEMENT
Fee Guarantee
ARCTURIS reserves the right to review the fee in this Agreement,and revise same,if no action has been taken by Client to implement the
project 45 days after the date of this Agreement. ARCTURIS also reserves the right to review the compensation rates annually.
Project Commencement
Project work commences when ARCTURIS receives Client's written authorization.
Invoices
Client will receive an invoice every month for services performed during the previous month or as established in the payment schedule.
Payment is due upon receipt. Interest will be added 30 days after the invoice date,at the maximum rate allowed by law. ARCTURIS has
the right to suspend work,without breach of contract,if Client's account is past due.
Reimbursable Expenses
Expenses will be billed on the following: transportation and living expenses; reproduction of project documents;postage and delivery;
consultants and specialized services,additional insurance that Client requests;renderings and physical models,unless noted otherwise;
Change of Scope
This is work beyond what is agreed to in this document,including revisions due to Client's adjustments in the scope,budget,or quality of
the project. ARCTURIS will issue a Change of Scope form documenting the change and its effect on the fee and schedule.
Hourly Rates
For work performed on an hourly basis,ARCTURIS'S rate schedule is as follows:
Senior Principal 200.00
Principal 175.00
Sr.Architect/Designer II 140.00
Sr.Architect/Designer I 130.00
Designer/Architect IV 115.00
Designer/Architect III 100.00
Designer/Architect II 90.00
Designer/Architect I 80.00
Administrative 70.00
Rates are subject to review at the end of each ARCTURIS fiscal year.
Project Suspension and Project Delays
If the project is delayed as a result of delays in the Client's review process, time expenditures occurring beyond the original project
completion date will be charged at standard hourly rates, current at that time, or at a fixed fee. If Client puts the project on hold for
more than 30 days,ARCTURIS reserves the right to renegotiate the balance of its fee to reflect current personnel expenses. A restart fee
will also be charged at a rate of between$500.00-$1,000.00 to cover administrative and personnel rescheduling costs.
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TERMS AND CONDITIONS OF AGREEMENT(CONT.)
ARCTURIS Insurance
ARCTURIS is protected by Workman's Compensation,automobile and General Liability Insurance,listed as follows:
The City of Cape Girardeau shall be named as an additional insured on the General Liability policy and a certificate shall be given to the
City for record purposes:
General Liability
$1,000,000 each occurrence
$2,000,000 general aggregate
Automobile Liability
$1,000,000 combined single limit(each accident)
Workers'Compensation
$1,000,000 each accident
$1,000,000 disease each employee
$1,000,000 disease policy limit
Umbrella Policy
$5,000,000 limit
Insurance verification is available upon request.
If Client requires additional coverage,Client will reimburse ARCTURIS for increased premiums. ARCTURIS will not be responsible for any
loss,damage or liability arising from Client's negligent acts,errors and omissions;or those by Client's consultants,contractors and agents;
or from those of any person for whose conduct ARCTURIS is not legally responsible.
Indemnification
To the fullest extent permitted by law,and subject to the liability limits set out in section 537.610 RSMo,the Client shall indemnify and
hold harmless ARCTURIS and their agents and employees from and against all claims,damages, losses and expenses, including but not
limited to attorney's fees,arising out of or resulting from the performance of the Work, provided that any such claim,damage,loss or
expense(1)is attributable to bodily injury,sickness, disease or death or to injury to or destruction of tangible property (other than the
Work itself), including the loss of use resulting therefrom,and (2) is caused in whole or in part by any negligent act or omission of the
Client or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of
whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or
otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person.
To the fullest extent permitted by law,and subject to the liability limits set out in section 537.610 RSMo,ARCTURIS shall indemnify and
hold harmless the Client and their agents and employees from and against all claims,damages, losses and expenses, including but not
limited to attorney's fees,arising out of or resulting from the performance of the Work, provided that any such claim,damage,loss or
expense(1)is attributable to bodily injury, sickness,disease or death or to injury to or destruction of tangible property (other than the
Work itself), including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of
ARCTURIS or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of
whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or
otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person. Any obligation to
indemnify by the client shall be payable solely from the proceeds of liability insurance covering that occurrence.
Agreement Termination
This Agreement may be terminated upon seven days written notice by either party if the other party fails to perform by the terms and
conditions stated in this document. In the event of either termination or project suspension, Client will pay ARCTURIS for services
performed and reimbursable incurred to date.
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TERMS AND CONDITIONS OF AGREEMENT(CONT.)
Asbestos and Hazardous Waste
ARCTURIS does not perform services related to the identification, containment or removal of asbestos or hazardous waste, nor will it
assume liability for any damages or costs related to these materials.
Publicity
Client agrees to credit ARCTURIS by name and title in all publicity involving the project. ARCTURIS will publicly reveal project information
only with Client's prior approval.
Successors and Assigns
Client and ARCTURIS agree respectively to bind themselves,their successors and their assigns to the terms of this Agreement.
Shop Drawing Review
ARCTURIS'S review of shop drawings shall be for general conformance to the design concept and shall not relieve any contractor or
subcontractor from the obligation to comply with the contract documents.
Standard of Care
Services performed by ARCTURIS will be conducted with the level of care and skill ordinarily exercised by members of the same
profession currently practicing under similar circumstances. No other warranty,expressed or implied,is made.
Construction Means and Methods
ARCTURIS shall not be responsible for any aspects that affect or are affected by means,methods,techniques,sequences and operations,
except as covered by liability insurance, of construction, safety precautions and programs incidental thereto, all of which are the
contractor's responsibility. Neither Client nor Architect shall hold the other responsible for damages or delays in performance caused by
acts of God, strikes,walkouts,accidents,Government acts,or other events beyond the control of the Clients or Architects employees,
agents or consultants.
Professional Photography&Publicity
ARCTURIS often chooses to have projects professionally photographed during and/or upon its completion. Client acknowledges that this
is permissible and that such photography is permissible to utilize in ARCTURIS electronic and hard copy marketing materials and portfolio
for promotion of ARCTURIS services. Should the Client prefer such photographs not be used publicly,Client shall document this in writing
to ARCTURIS. Should Client desire to utilize the photographs taken by ARCTURIS,Client is solely responsible for all costs associated with
copyright,usage,publication and so on as set forth by the Photographer.
Professional Liability Insurance
ARCTURIS shall maintain Professional Liability insurance covering any damages caused by an error,omission or any negligent acts.Limits
of not less than$2,000,000 shall be provided.ARCTURIS shall name the City an additional insured co-extensive with liability for political
subdivisions in 537.610 RSMo.
Design/Build
Client may solicit Design/Build proposals from subcontractors,based on ARCTURIS documents, understanding that Client is responsible
for engineering services and certifications, for code compliance and the coordination of this work. ARCTURIS will review these
documents only for consistency with its design concept.
Employees
The Client agrees that it will not solicit or hire, directly or indirectly, any employee of ARCTURIS, without the prior written approval of
ARCTURIS.
Choice of Law
This Agreement shall be governed by the laws of the State of Missouri,including Choice of Law.
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