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Res 1817 6/1/1976RESOLUTION NO. g/1/77 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH PLANNING INC. TO PREPARE ILLUSTRATIONS FOR THE MIDTOWN 2000 PLAN. WHEREAS, the Planning Division has undertaken a community renewal plan for the midtown sector; and, WHEREAS, the Board of Aldermen has earmarked funds to contract with a consultant to assist in the preparation .of the Midtown 2000 plan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to execute the attached contract with the firm of Planning Inc. of Dallas, Texas for the purpose of preparing illustrations to be included in the Midtown 2000 community renewal plan. PASSED AND APPROVED THIS THE 4i day of 1976. M ATTEST: h.z-%--t -- . 1. ,. CITY CLERK CONTRACT FOR PERSONAL SERVICES COMPREHENSIVE PLANNING ASSISTANCE PROJECT THIS AGREEMENT, entered into on this 1976, by and between Planning Incorporated, herein called the "Contractor" and the City of Wichita Falls, Texas, herein called the "Planning Agency" , WITNESSETH THAT: WHEREAS the Planning Agency desires to engage the Contractor to render certain technical or professional services hereafter described in connection with an undertaking which is expected to be partially financed under Section 701 of the Housing Act of 1954, as amended: NOW THEREFORE, the parties hereto do mutually agree as follows: 1. Employment of Contractor. The Planning Agency hereby agrees to engage the Contractor and the Contractor hereby agrees to perform in cooperation with the Planning Agency the services hereinafter set forth in connection with the project of the Planning Agency under Comprehensive Planning Grant No. CPA-TX-06- 16-1154. 2. Area Covered. The Contractor shall perform all the necessary services provided under this Contract in connection with and respecting the following area or areas, herein called the "Planning area": Sector 1 SOCIAL ECONOMIC CONSIDERATIONS SECTOR ANALYSIS OF THE WICHITA FALLS URBAN TRANSPORTATION STUDY 3. Scope of Services. The Contractor shall do, perform, and carry out in a satisfactory and proper manner, as determined by the Planning Agency, the services described in Attachment 1. 4. Personnel. a) The Contractor represents that he has, or will secure at his own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the Planning Agency. 1- b) All of the services required hereunder will be performed by the Contractor or under his supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. c) None of the work or services covered by this Contract shall be subcontracted without the prior written approval of the Planning Agency. 5. Time of Performance. The services of the Contractor are to commence as soon as practicable after the execution of this Contract and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of this Contract, but in any event all of the services required hereunder shall be completed by July 1, 1976. 6. Compensation. The Planning Agency agrees to pay the Contractor on a reimbursable rate fee basis, using the rates and procedure as indicated in the attached schedule (Attachment No. 1) , subject to a maximum amount of 4,000.00. In no event shall the total fee paid exceed this maximum amount without the prior written approval of the Planning Agency. 7. Method of Payment. The Contractor shall submit a summary of hours worked by labor classification. Payment will be made, however, upon completion of the work and submission of the prescribed number of illustrations and overlays. 8. Termination of Contract for Cause. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the Planning Agency shall there- upon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least 5 days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Contractor under this Contract shall, at the option of the Planning Agency, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. 2- Notwithstanding the above, the Contractor shall not be relieved of liability to the Planning Agency for damages sustained by the Planning Agency by virtue of any breach of the Contract by the Contractor, and the Planning Agency may withhold any payments to the Contractor for the purposes of setoff until such time as the exact amount of damages due the Planning Agency from the Contractor is determined. 9. Termination for Convenience of Planning Agency. The Planning Agency may terminate this Contract at any time by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least 10 days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in Para- graph 8 above shall, at the option of the Planning Agency, become its property. If the Contract is terminated by the Planning Agency as provided herein, the Contractor will be paid an amount which bears the same ratio to the total com- pensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made. 10. Changes. The Planning Agency may, from time to time, require changes in the scope of the services of the Contractor to be performed here- under. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the Planning Agency and the Contractor, shall be incorporated in written amendments to this Contract. 11. Equal Employment Opportunity. a) The Contractor will not discriminate against any employee or appli- cant for employment because of race, color, religion, sex or national origin. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such actions shall include, but not be limited to the following: employment, upgrading, demotions, or transfers, recruitment or recruitment advertising; layoffs or terminations; rates of pay or other forms of compensation; selection for training including apprenticeship; and participation in recreational and educational activities. 3- The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause. The Contractor will in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each sub- contractor provided that the foregoing provisions shall not apply to contracts or sub-contracts for standard commercial supplies or raw materials. b) The Contractor shall keep such records and submit such reports concerning the racial and ethnic origin of applicants for employment and employees as the Department of Housing and Urban Development (HUD) may require. c) The Contractor agrees to comply with such rules, regulations, or guidelines as HUD may issue to implement these requirements. 12. Interest of Members of Planning Agency and Others. No officer, member, or employee of the Planning Agency and no members of its governing body, and no other public official of the governing body of the locality or localities in which the Project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this Project, shall participate in any decision relating to this Contract which affects his personal interest or the interest of any corporation, partner- ship, or association in which he is, directly or indirectly interested or have any personal or pecuniary interest, direct or indirect, in this Contract or the proceeds thereof. 13. Assignability. The Contractor shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or notation) , without the prior written consent of the Planning Agency thereto: Provided, however, that claims for money due or to become due to the Contractor from the Planning Agency under this Contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Planning Agency. 14. Interest of Contractor. The Contractor covenants that he pre- 4- sently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed of this Contract. The Contractor further convenants that in the performance of this Contract no person having any such interest shall be employed. 15. Findings Confidential. Any reports, information, data, etc. , given to or prepared ar assembled by the Contractor under this Contract which the Planning Agency requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without the prior written approval of the Planning Agency. 16. Officials Not To Benefit. No members of or Delegate to the Congress of the United States of America, and no Resident Comissioner, shall be admitted to any share or part hereof or to any benefit to arise herefrom. 17. Identification of Documents. All reports, maps, and other doc- uments completed as a part of this Contract, other than documents exclusively for internal use within the Planning Agency, shall carry the following notation on the front cover or a title page, (or in the case of maps, in the same block) containing the name of the Planning Agency: The preparation of this report, map, document, etc. , was financed in part through a Comprehensive Planning Grant from the Department of Housing and Urban Development, under the provisions of Section 701 of the Housing Act of 1954, as amended, together with the date (month and year) the document was prepared and the name of the municipality, metropolitan area, or other planning area concerned. 18. Publication, Reproduction and Use of Material. No material pro- duced in whole or in part under this Contract shall be subject to copyright in the United States or in any other country. The Planning Agency and HUD shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, or other materials prepared under this Contract. 19. Audits and Inspections. At any time during normal business hours and as often as the Planning Agency, HUD and/or the Comptroller General 5- of the United States may deem necessary, there shall be made available to the Planning Agency, HUD, and/or representatives of the Comptroller General for examination all of its records with respect to all matters covered by this Contract and will permit the Planning Agency, HUD, and/or representatives of the Comptroller General to audit, examine and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Contract. IN WITNESS WHEREOF the Planning Agency and the Contractor have exe- cuted this agreement as of the date first above written. City of Wichita Falls Planning Agency ATTEST: BY Gerald G. Fox, City Manager Contractor BY Title Title or Capacity) 6- Attachment I SCOPE OF SERVICES Midtown 2000 Illustrations This scope of services outlines the ten illustrations to be prepared by Planning Inc. for inclusion in the Wichita Falls Midtown 2000 Plan. The illustrations will fall into three categories: abstract concept diagrams (4) , sketches of design elements 5), and a sketch plan. Each illustration is identified with reference to type, for- mat, and information to be shown. Preliminary illustrations of the concept diagrams are attached to this scope of services to help clarify the information to be repre- sented. The titles, legends, and HUD note* for each illustration will be lettered by the consultant in "Gold Rush" lettering. Detail notes on the illustrations may be lettered in freehand. Multicolor illustrations consisting of multiple overlays will be used in illustrations 8 and 11. All margins will be determined by the Director of Planning. The sketches will be drawn on (size) paper and photographically reduced to be printed according to the specified format. The consultant will provide the Planning Division with all original drawings and the reduced negatives and a set of final prints for each illustration. All work will be completed by July 1, 1976. Existing Midtown Conditions This illustration will be a concept diagram printed on 11" x 164" paper. The Planning Division will furnish a half-tone aerial working print of the midtown sector. The consultant will prepare one (1) overlay to be printed as a composite with the aerial print. The overlay will show the following types of information: The preparation of this report was financed through a Comprehensive Planning Assistance Grant from the Department of Housing and Urban Development. 2- Sector edges Wichita River MK&T, FW&D railroad tracks Kell Freeway right-of-way Brook Avenue Districts with uniform characteristics Three low density residential areas Core business district Hospital district Transitional zone Areas with concentrations of deteriorating structures Concentrations of dilapidated structures The sector edges and districts may be shown with bold line graphics and the areas may be represented with shading. Circulation Through Ramped Curbs This illustration will be a sketch printed on 82" x 11" paper. The illus- tration may be a ground level perspective of a sidewalk and portions of a street intersection. The sketch may show alternative designs for curb ramps. Other pedestrian-related sidewalk design improvements may also be shown. Parking Lot Beautification This illustration will be a sketch printed on 81/2" x 11" paper. The illus- tration may be an overhead perspective of a one-half block parking lot showing attractive landscaping and design elements. Circulation and Parking Plan This illustration will be a concept diagram printed on 11" x 164" paper. The Planning Division will furnish a half-tone aerial working print of the midtown sec- tor. The consultant will prepare one (1) overlay to be printed as a composite with the aerial print. The overlay will show the following type of information: Kell Freeway right-of-way Scott Avenue "Y" exchange Major access points Direction of traffic flows Long term parking lots 3- Short term parking lots Pedestrian circulation patterns Accessways Overramps Rail Facilities Other scheduled improvements These improvements may be shown with graphic symbols and shading. Les Beuxarts This illustration will be a group of sketches printed on 82" x 11" paper. The sketches may show kiosks, planters, trash containers, various landscape materials, pedestrian lights, etc. in cluster fashion. Each cluster should pre- sent a different design style or theme. Suggested Street Beautification Plans This illustration will consist of sketches found in the R/UDAT report and sketches prepared by the consultant. The sketches will be printed on 11" x 16k" paper. The negatives or original R/UDAT illustrations showing three suggestions for street beautification will be 'furnished by the Planning Division. The con- sultant will prepare three front elevations of a block corresponding to the three levels of beautification shown by the R/UDAT sketches. The format for presenting the sketches may be determined by the consultant. The sketches may show improved facades, canopies, signs, and sidewalk furniture. Suggested Street Design Plans This illustration will be a sketch plan printed on 81/2" x 11" paper. This illustration may show a design concept of a four block portion of tie retail core area around the intersection of Scott Avenue and Tenth Street. The design concept may include a mini-park, modified curb lines, pedestrian links to major retail stores, and other design elements. 4- Urban Design and Beautification Plan This illustration will be a concept diagram printed on 11" x 164" paper. The Planning Division will furnish a half-tone aerial working print of the mid- town sector. The consultant will prepare the necessary overlays to be printed as a composite with the aerial print. The overlay(s) should show the following types of information: Areas of intense beautification improvements Areas of moderate beautification improvements Areas to be buffered by an expanded tree planting program Park improvements Greenbelt Neighborhood park Mini-parks Accessways Historical structures Block of historical structures Historical district Individual historical structures New development opportunities Human Resource Development Center Learning Center Educational Complex Municipal Annex Expanded Police Station Civic Center The various parks and beautification areas may be shown with graphic symbols, and the new development may be shown as clusters of structures. Future Land Use Plan This illustration will be a concept diagram printed on 11" x 164" paper. The Planning Division will furnish a half-tone aerial working print of the mid- town sector. The consultant will prepare one (1) overlay to be printed as a com- posite with the aerial print. The overlay will show the following types of infor- mation: Land Use Districts Low density residential 5- Moderate density residential Recreation Hospital Public Heavy Commercial General Commercial Community facilities Central business district Core retail district Historical district Housing code enforcement areas Midtown 2000 Community Development Plan This illustration will be a sketch plan printed on a large (approximately 24" x 30") folded map to be inserted in a jacket in the back cover of the report. The sketch plan should be an aerial perspective similar to the sketch plan in the R/UDAT report. The illustration should show the following information: Key existing structures Memorial Auditorium Both hospitals Courthouse Sears Backdoor Theater First Baptist Church Entire core retail area Circulation and parking Kell Freeway (simplified) Scott Avenue "Y" exchange Grid street pattern Major traffic circulation routes Parking lots Rail facilities Urban design and beautification Wichita River Greenbelt Parks Pedestrian accessways Areas of intense beautification New development as shown in the Urban Design and Beautification Plan. This illustration should show as much detail as is possible at this scale. The perspective should present a three dimensional effect. 6- Planning Inc. Hourly Rates Coordinator 30 Planner 30 Illustrator/Planner 30 Landscape Architect 25 Production Technicians 18 Clerical 12 Engineer 30