HomeMy Public PortalAboutmuldrow.pdfAGREEMENT FOR PLANNING SERVICES
THIS AGREEMENT is entered into between the City of Tybee Island (Client) with Arnett Muldrow &
Associates Ltd. (Planner), for the following reasons:
1. The Client intends to conduct a place Downtown and Community Master Plan for Tybee Island.
2. The Client requires certain planning, economic development, marketing and urban planning
services in connection with the Project; and,
3. The Planner is prepared to provide the Services.
In consideration of the promises contained in this Agreement, the Client and the Planner agree as
follows:
ARTICLE 1 - EFFECTIVE DATE
The effective date of this Agreement shall be
ARTICLE 2 - GOVERNING LAW
This Agreement shall be governed by the
laws of the State of Georgia.
ARTICLE 3 - SCOPE OF SERVICES
The Planner shall provide the services
described in Attachment A, Scope of Work
included herewith and made part of this
agreement.
ARTICLE 4 - SCHEDULE
The Planner shall exercise its reasonable
efforts to perform the Services according to
the Schedule set forth in Attachment A,
Scope of Services.
ARTICLE 5 - COMPENSATION
The Client shall pay The Planner in
accordance with Attachment A, Scope of
Services.
Invoices shall be due and payable upon
receipt. The Client shall give prompt written
notice of any disputed amount and shall pay
the remaining amount. Invoice amounts not
paid within 30 days after receipt shall accrue
interest at the rate of 1.5% per month (or the
maximum rate permitted by law, if less), with
payments applied first to accrued interest and
then to unpaid principal.
ARTICLE 6 -- CLIENT'S
RESPONSIBILITIES
The Client shall be responsible for all matters
described as Client responsibilities in
Attachment A, Scope of Services.
ARTICLE 7 - STANDARD OF CARE
The Planner shall exercise the same degree
of care, skill, and diligence in the performance
of the Services as is ordinarily possessed and
exercised by a member of the Planner's
profession, currently practicing, under similar
circumstances. No other warranty, express
or implied, is included in this Agreement or in
any drawing, specification, report, opinion, or
other instrument of service, in any form or
media, produced in connection with the
Services.
ARTICLE 8 - INDEMNIFICATION AND
LIABILITY
General. Having considered the potential
liabilities that may exist during the
performance of the Services, the relative
benefits and risks of the Project, and the
Planner's fee for the Services, and in
consideration of the promises contained in
this Agreement, The Client and The Planner
agree to allocate and limit such liabilities in
accordance with this Article to the Contract
Amount.
Consequential Damages. To the fullest
extent permitted by law, The Planner shall not
be liable to the Client for any consequential
damages resulting in any way from the
performance of the Services.
Survival. The terms and conditions of this
Article shall survive completion of the
Services, or any termination of this
Agreement.
ARTICLE 9 - INSURANCE
During the performance of the Services under
this Agreement, The Planner shall maintain
the following insurance:
(a) General Liability Insurance, with a
combined single limit of $1,000,000 per
occurrence and $2,000,000 aggregate.
(b) Professional Liability Insurance, with a
limit of $1,000,000 annual aggregate.
The Planner shall, upon written request,
furnish the Client certificates of insurance
which shall include a provision that such
insurance shall not be canceled without at
least thirty days' written notice to the Client.
The Planner and the Client waive all rights
against each other and their directors,
officers, partners, commissioners, officials,
agents, and employees for damages covered
by property insurance during and after the
completion of the Services.
ARTICLE 10 - LIMITATIONS OF
RESPONSIBILITY
The Planner shall not be responsible for the
failure of any contractor, subcontractor,
vendor, or other Project participant, not under
contract to The Planner, to fulfill contractual
responsibilities to the Client or to comply with
federal, state, or local laws, regulations, and
codes.
ARTICLE 11 - OWNERSHIP OF
DOCUMENTS AND INTELLECTUAL
PROPERTY
Except as otherwise provided herein, The
documents, drawings, and specifications
prepared by the Planner and furnished to the
Client as part of the Services shall become
the property of the Client; provided, however,
that the Planner shall have the unrestricted
right to their use in marketing material with
the understanding that no endorsement on
the part of the Client is implied in such use.
The Planner shall retain its copyright and
ownership rights in its databases, computer
software, and other proprietary property.
Intellectual property developed, utilized, or
modified in the performance of the Services
shall remain the property of the Planner with
the exception of any branding or marketing
materials. The Planner shall grant to the
Client all intellectual rights to the branding
and marketing materials developed during the
project.
ARTICLE 12 - TERMINATION AND
SUSPENSION
This Agreement may be terminated by either
party upon written notice in the event of
substantial failure by the other party to
perform in accordance with the terms of this
Agreement; provided, however, the
nonperforming party shall have 14 calendar
days from the receipt of the termination notice
to cure or to submit a plan for cure acceptable
to the other party.
The Client may terminate or suspend
performance of this Agreement for the
Client's convenience upon written notice to
the Planner. The Planner shall terminate or
suspend performance of the Services on a
schedule acceptable to the Client, and the
Client shall pay the Planner for all the
Services that have been performed in
accordance with this Agreement as of the
date of termination or suspension. Upon
restart of suspended Services, an equitable
adjustment shall be made to the Planner's
compensation and the Project schedule.
ARTICLE 14 - DELAY IN PERFORMANCE
Neither the Client nor The Planner shall be
considered in default of this Agreement for
delays in performance caused by
circumstances beyond the reasonable control
of the nonperforming party. For purposes of
this Agreement, such circumstances include,
but are not limited to, abnormal weather
conditions; floods; earthquakes; fire;
epidemics; war, riots, and other civil
disturbances; strikes, lockouts, work
slowdowns, and other labor disturbances;
sabotage; judicial restraint; and delay in or
inability to procure permits, licenses, or
authorizations from any local, state, or federal
agency for any of the supplies, materials,
accesses, or services required to be provided
by either the Client or the Planner under this
Agreement. The Planner shall be granted a
reasonable extension of time for any delay in
its performance caused by any such
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circumstances.
Should such circumstances occur, the
nonperforming party shall, within a
reasonable time of being prevented from
performing, give written notice to the other
party describing the circumstances preventing
continued performance and the efforts being
made to resume performance of this
Agreement.
ARTICLE 15 - RELATIONSHIP OF PARTIES
The Planner and the Client hereby agree that
their relationship is that of independent
contractors, and nothing in this Agreement
shall create nor be deemed to create a joint
venture, partnership, principal/agent,
employer/employee, or any other form of
relationship other than that of independent
contractors.
ARTICLE 16 - NOTICES
Any notice required by this Agreement shall
be made in writing to the address specified
below:
The Planner:
Arnett Muldrow & Associates, Ltd.
Post Office Box 4151
Greenville, SC 29608
864.233.0950
tripp(c�arnettmuldrow.com
The Client:
City of Tybee Island
P.O. Box 2749
403 Butler Avenue
Tybee Island, GA 31328
912-786-4573
cassidi.kendrick@cityoftybee.gov
Nothing contained in this Article shall be
construed to restrict the transmission of
routine communications between
representatives of the Client and the Planner.
ARTICLE 17 - DISPUTES
In the event of a dispute between the Client
and The Planner arising out of or related to
this Agreement, the aggrieved party shall
notify the other party of the dispute within a
reasonable time after such dispute arises. If
the parties cannot thereafter resolve the
dispute, each party shall nominate a senior
officer of its management to meet to resolve
the dispute by direct negotiation or mediation.
Should such negotiation or mediation fail to
resolve the dispute, either party may pursue
resolution in accordance with the addendum
attached.
During the pendency of any dispute. work
stop would occur until all disputes were
resolved.
ARTICLE 18 - WAIVER
A waiver by either the Client or the Planner of
any breach of this Agreement shall be in
writing. Such a waiver shall not affect the
waiving party's rights with respect to any
other or further breach.
ARTICLE 19 - SEVERABILITY
The invalidity, illegality, or unenforceability of
any provision of this Agreement or the
occurrence of any event rendering any
portion or provision of this Agreement void
shall in no way affect the validity or
enforceability of any other portion or provision
of this Agreement. Any void provision shall
be deemed severed from this Agreement, and
the balance of this Agreement shall be
construed and enforced as if it did not contain
the particular portion or provision held to be
void. The parties further agree to amend this
Agreement to replace any stricken provision
with a valid provision that comes as close as
possible to the intent of the stricken provision.
The provisions of this Article shall not prevent
this entire Agreement from being void should
a provision which is of the essence of this
Agreement be determined void.
ARTICLE 20 - INTEGRATION
This Agreement, including Attachment A
incorporated by this reference, represents the
entire and integrated agreement between the
Client and The Planner. It supersedes all prior
and contemporaneous communications,
representations, and agreements, whether
oral or written, relating to the subject matter of
this Agreement.
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ARTICLE 21 - SUCCESSORS AND
ASSIGNS
To the extent permitted by law, the Clieont
and the Planner each binds itself and its
successors, executors, administrators,
permitted assigns, legal representatives and,
in the case of a partnership, its partners, to
the other party to this Agreement and to the
successors, permitted assigns, legal
representatives, and partners of such other
party in respect to all provisions of this
Agreement.
ARTICLE 22 - ASSIGNMENT
Neither the Client nor the Planner shall assign
any rights or duties under this Agreement
without the prior written consent of the other
party, which consent shall not be
unreasonably withheld; provided, however,
The Planner may assign its rights to payment
without the Client's consent. Unless
otherwise stated in the written consent to an
assignment, no assignment will release or
discharge the assignor from any obligation
under this Agreement. Nothing contained in
this Article shall prevent the Planner from
engaging independent consultants,
associates, and subcontractors to assist in
the performance of the services.
ARTICLE 23 - NO THIRD PARTY RIGHTS
The Services provided for in this Agreement
are for the sole use and benefit of the Client
and the Planner. Nothing in this Agreement
shall be construed to give any rights or
benefits to anyone other than the Client and
the Planner.
IN WITNESS WHEREOF, the Client and the Planner have executed this Agreement.
THE CITY OF TYBEE ISLAND
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Date:
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ARNETT MULDROW &,ASSOCIATES, LTD.
Tripp Muldrow, President
Date: November 7, 2022
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Attachment A
Project Understanding
Projects must contribute to the quality of life for the people who use them and are affected by them. They should
beregenerative, seeking to repair damage to the community fabric where it exists and lifting up the lives of
those whoare influenced by this fabric. The design of the built environment should foster connections and
interaction among families, groups, Citys, cities and nations. The City of Tybee Island's commercial districts,
its corridors, its connection to the streets, and pedestrian networks, and its connections to the water should
foster a stronger community; aesthetically, socially, and economically.
Projects of lasting value achieve the highest level of planning approaching to coordinate design, traffic, parking,
public spaces, pedestrians, and the experience economy.
We know how to design Downtown Districts and Commercial Corridors that will reinforce the unique character
of Tybee Island acknowledging that increased visitors, coastal locations, and the interface of full-time residents
and visitors are of utmost concern.
We are well versed in the "tools of the trade" with funding, incentives, and implementation strategies specific
to Georgia. The streetscapes throughout the City should be more than a ribbon of pavement to maintain, they
can emerge again as the heart and soul of the City, linking residents and visitors alike to parks, retail centers,
Downtown, schools, and the remarkable natural environment.
Our team understands these connections may expand past the core Downtown, as Tybee Island already has
commercial nodes throughout the island. We understand that deploying cohesive consistent branded
wayfinding and communication strategies is key for the user experience where thousands of visitors come to
the community in season.
Our Design Team sees tremendous opportunity to enhance the current conditions. We will bring our wealth of
expertise to ultimately enhance the user experience, improve streetscape treatments for safety, and draw
interest tothe commercial districts.
Pr'n ect Scopr'
Task One: Information Gathering and Background Review
We will work closely with the Tybee Island to gather all relevant material related to the communities including
but not limited to the following: City histories; prior plans; current initiatives; regulations; promotional
publications that involve the communities; attractions and event information including annual festivals;
economic development and tourism publications; website and social media information; and any other related
information.
Task Two: Reconnaissance and Steering Committee Kick Off
The project team will travel to Tybee Island for a meeting with a steering committeeestablished by the Tybee
Island Main Street Program in conjunction with the City of Tybee Island. The steering committee will guide us
through the process and serve as a sounding board and organizing entity for the Master Plan Process.
Task Three: Community Master Plan Work Session
The Community Master Plan process is designed to immerse the project team in the community in a rapid way
to produce a conceptual plan, wayfinding concepts, street furniture and lighting improvements, parking and
circulation, and public realm improvements for the commercial districts of Tybee Island. We have conducted
these resource visits in many communities that have gone on to implement the plans in creative ways. The
resource visit also affords us the opportunity to gather qualitative information from the public about the
community that augments the market study conducted in Task Three. The resource visit will involve an
intensive three-day process, as described below.
DAY ONE AND DAY TWO: Stakeholder Engagement and Tour
The first day will concentrate on a series of roundtable and individual meetings with key groups in the
community. These will likely include:
• City officials;
• Business representatives;
• County Parks and other representatives;
• Visit Tybee;
• Key destination, attraction, and quality -of -life representatives;
• Property owners and neighborhood residents;
• Other stakeholders as selected by the Client; and
• A facilitated public input session
The input sessions will be facilitated group sessions that will concentrate on the future of the community as
well as the physical image of the commercial districts of Tybee Island individually and collectively. We will work
closely with the Main Street and the City to determine how to organize the sessions for broad based input and
are used to working in dual- community initiatives. We will also conduct a detailed tour and reconnaissance of
the City.
Day Two, Afternoon: Progress Report
By the end of the second day, we will have worked with the public and community stakeholders to develop
some preliminary concepts that will explore the following:
• Streetscape improvements after review of GDOT plans for US80 with a focus on pedestrian and bicycle
enhancements.
• Parking and circulation strategie
• Up to three detailed small area plans (such as the Park of Seven Flags and Memorial Park) that
illustrate public and private improvement opportunities.
• Art and creative place making
• Wayfinding mapping and preliminary design concepts.
This day will focus on exploring these concepts into more refined plans as well as production of wayfinding
design concepts and brand extension that may manifest itself in the public realm. Tybee Island has already
implemented quality signage at key locations in the community that may serve as inspiration for these
improvements.. At the middle of the second -day we will have a small roundtable meeting with the steering
committee to review the progress on the plan's development.
Day Two Evening and Day Three: Continued Refinement
During the course of the workshop, we will focus not only on developing the plans which will include conceptual
diagrams, illustrative plans, before and after photo renderings of key sites, corridors, trails, and development
opportunities; we will also develop the wayfinding concepts that will include MUTCD compliant vehicular
signage, pedestrian signs, kiosks, and other information that can be deployed in the improvements.
Day Three, Midday -Afternoon: Presentation
The Project Team will present all of the concepts in an exciting "plan reveal" presentation to the client at the
end of the resource team visit on the third day (these meetings can be as open ended as you desire, we prefer
to invite anyone to attend as the stakeholders get to value seeing their input put into concepts within days of
their initial input). We believe that this presentation is a critical element in the process because while we will
develop the plan, it will belong to the communities. The presentation will provide Main Street and the City with
a solid direction for the plan and we will garner feedback for further refinement to come after the workshop.
Task Four; Plan Refinment and Implementation Strategy
The Project Team will refine these plans based on feedback, add alternatives if necessary, and embark on the
implementation strategy that will identify the short, medium, and long-term recommendations that would
populate the implementation strategy board.
The Strategy Board is a one -page implementation matrix that indicates thematic recommendations, goals, first,
next and long-term steps, and responsible parties.
The strategy board condenses the entire plan to one easy -to -use sheet that will prioritize the tools and tactics
for implementation. The strategy board will also provide an accountability matrix for implementation partners.
This is of critical importance as the City of Tybee Island and Main Street will be working with partners at the
County Level.
Task Five: Implementation Workshop
The Project Team will return to Tybee Island to present these plans to the steering committee and other
stakeholders as desired. The implementation workshop is designed to vet the recommendations with timing,
funding sources while coordinating responsible parties.
Final Report Summary Poster and Annotated Presentation
Within six weeks of the final "sign off' during the visit in Task 5, The Project Team will deliver the final product
for the plan. This will include a detailed summary poster of all recommendations and an annotated presentation
that will allow the partners to share the findings in a clear and concise format. The summary poster will serve
as the executive document for a more detailed plan document.
DELIVERABLES
• Streetscape improvement recommendations in accordance with designs underway by GDOT and for Tybri
Street.
• Enhanced pedestrian and bike connection strategies.
• Park and public space designs.
• Parking strategies and improvement recommendations.
• Before and after photo simulations illustrating the improvements.
• Conceptual connectivity plans between commercial districts.
• Wayfinding Design Concepts
• Wayfinding routing strategies.
• Wayfinding implementation strategies
• Potential identity system for key districts and amenities as needed.
• Master Plan Presentation and Final Report
PLAN STAFFING
Tripp Muldrow of Arnett Muldrow and Associates will serve as the plan contact for the effort. He will be closely
coordinating with Blake Sanders of Studio Main who will serve as design directorforthe planning effort. Shawn
Terpack of Arnett Muldrow will work with the team on the wayfinding strategies and any branded concepts that
may be required. Each staff member on this effort is a senior employee with their respective firms and will
work on the project from start to finish.
SCHEDULE AND FEES
In total, the process will take 12 to 16 weeks including refinement and follow-up. The lump sum fee for
the plan and all deliverables would be $36,000 plus expenses billed at cost for three trips to Tybee Island
(expected not to exceed $3,500). The project team will rely on the client to coordinate all meetings,
provide up to date base mapping files for the communities, and assemble the project steering committee.