7818-003 - Contract Executed
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: 78C0D6E1-EF17-47A0-8B8D-B4F86BFE6AB6
Christa Christian
PSA
Facilities Master Plan
7818-003
Not Applicable
MARCH 22, 2022
N/A
22-522
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 1 of 17
STANDARD AGREEMENT FOR ARCHITECTURAL RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Denton, a Texas home-rule municipality
("CITY"), and CaCo Architecture, LLC with its corporate office at and authorized to do
business in Texas, ("ARCHITECT"), for a PROJECT generally described as: Facility
Master Planning (the "PROJECT").
SECTION 1
Scope of Services
A. The CITY hereby agrees to retain the ARCHITECT, and the ARCHITECT hereby
agrees to perform, professional architectural services set forth in the Scope of
Services attached hereto as Exhibit A. These services shall be performed in
connection with the PROJECT.
B. Additional services, if any, will be requested in writing by the CITY. CITY shall not
pay for any work performed by ARCHITECT or its consultants, subcontractors and/or
suppliers that has not been ordered in advance and in writing. It is specifically
agreed that ARCHITECT shall not be compensated for any additional work resulting
from oral orders of any person.
SECTION 2
Compensation and Term of Agreement
A. The ARCHITECT shall be compensated for all services provided pursuant to this
AGREEMENT in an amount not to exceed $854,500 in the manner and in accordance
with the fee schedule as set forth in Exhibit A. Payment shall be considered full
compensation for all labor, materials, supplies, and equipment necessary to
complete the services described in Exhibit A.
B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall
be for a term beginning upon the effective date, as described below, and shall continue
for a period which may reasonably be required for the completion of the PROJECT,
until the expiration of the funds, or completion of the PROJECT and acceptance by the
CITY, whichever occurs first. ARCHITECT shall proceed diligently with the PROJECT
to completion as described in the PROJECT schedule as set forth in Exhibit A.
SECTION 3
Terms of Payment
Payments to the ARCHITECT will be made as follows:
DocuSign Envelope ID: 78C0D6E1-EF17-47A0-8B8D-B4F86BFE6AB6
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 2 of 17
A. Invoice and Payment
(1) The Architect shall provide the City sufficient documentation, including but not
limited to meeting the requirements set forth in the PROJECT schedule as set
forth in Exhibit A to reasonably substantiate the invoices.
(2) The ARCHITECT will issue monthly invoices for all work performed under this
AGREEMENT. Invoices for the uncontested performance of the particular
services are due and payable within 30 days of receipt by City.
(3) Upon completion of services enumerated in Section 1, the final payment of any
balance for the uncontested performance of the services will be due within 30
days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested will
be withheld from payment, and the undisputed portion will be paid. The CITY
will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually resolved.
(5) If the CITY fails to make payment in full to ARCHITECT for billings contested in
good faith within 60 days of the amount due, the ARCHITECT may, after giving
7 days' written notice to CITY, suspend services under this AGREEMENT until
paid in full. In the event of suspension of services, the ARCHITECT shall have
no liability to CITY for delays or damages caused the CITY because of such
suspension of services.
SECTION 4
Obligations of the ARCHITECT
A. General
The ARCHITECT will serve as the CITY's professional architect representative under this
AGREEMENT, providing professional architectural consultation and advice and furnishing
customary services incidental thereto.
B. Standard of Care
The ARCHITECT shall perform its services:
(1) with the professional skill and care ordinarily provided by competent architects
practicing in the same or similar locality and under the same or similar
circumstances and professional license; and
DocuSign Envelope ID: 78C0D6E1-EF17-47A0-8B8D-B4F86BFE6AB6
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 3 of 17
(2) as expeditiously as is prudent considering the ordinary professional skill and
care of a competent architect.
C. Subsurface Investigations
(1) The ARCHITECT shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and architectural work to be
performed hereunder. The ARCHITECT shall also advise the CITY concerning
the results of same. Such surveys, tests, and investigations shall be furnished
by the CITY, unless otherwise specified in Exhibit A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points and
sample intervals and at locations other than where observations, exploration,
and investigations have been made. Because of the inherent uncertainties in
subsurface evaluations, changed or unanticipated underground conditions may
occur that could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of the
ARCHITECT.
D. Preparation of Architectural Drawings
The ARCHITECT will provide to the CITY the original drawings of all plans in ink on
reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by
CITY, which shall become the property of the CITY. CITY may use such drawings in any
manner it desires; provided, however, that the ARCHITECT shall not be liable for the use
of such drawings for any project other than the PROJECT described herein.
E. Architect's Personnel at Construction Site
(1) The presence or duties of the ARCHITECT 's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ARCHITECT
or its personnel in any way responsible for those duties that belong to the CITY
and/or the CITY's construction contractors or other entities, and do not relieve
the construction contractors or any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction methods, means,
techniques, sequences, and procedures necessary for coordinating and
completing all portions of the construction work in accordance with the
AGREEMENT Documents and any health or safety precautions required by
such construction work. The ARCHITECT and its personnel have no authority
to exercise any control over any construction contractor or other entity or their
employees in connection with their work or any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
DocuSign Envelope ID: 78C0D6E1-EF17-47A0-8B8D-B4F86BFE6AB6
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 4 of 17
Exhibit A, the ARCHITECT or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general, if
the work on the PROJECT is being performed in a manner indicating that the
PROJECT, when completed, will be in accordance with the AGREEMENT
Documents, nor shall anything in the AGREEMENT Documents or this
AGREEMENT between CITY and ARCHITECT be construed as requiring
ARCHITECT to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the work
on the PROJECT. If the ARCHITECT makes on-site observation(s) of a
deviation from the AGREEMENT Documents, the ARCHITECT shall inform the
CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth in
the Scope of Services, the ARCHITECT shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the AGREEMENT Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ARCHITECT shall provide opinions of probable costs based on the current
available information at the time of preparation, in accordance with Exhibit A.
(2) In providing opinions of cost, financial analyses, economic feasibility projections,
and schedules for the PROJECT, the ARCHITECT has no control over cost or
price of labor and materials; unknown or latent conditions of existing equipment
or structures that may affect operation or maintenance costs; competitive
bidding procedures and market conditions; time or quality of performance by
third parties; quality, type, management, or direction of operating personnel; and
other economic and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, the ARCHITECT makes no warranty
that the CITY's actual PROJECT costs, financial aspects, economic feasibility,
or schedules will not vary from the ARCHITECT 's opinions, analyses,
projections, or estimates.
G. Construction Progress Payments
Recommendations by the ARCHITECT to the CITY for periodic construction progress
payments to the construction contractor will be based on the ARCHITECT 's knowledge,
information, and belief from selective sampling and observation that the work has
progressed to the point indicated. Such recommendations do not represent that
continuous or detailed examinations have been made by the ARCHITECT to ascertain
that the construction contractor has completed the work in exact accordance with the
AGREEMENT Documents; that the final work will be acceptable in all respects; that the
DocuSign Envelope ID: 78C0D6E1-EF17-47A0-8B8D-B4F86BFE6AB6
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 5 of 17
ARCHITECT has made an examination to ascertain how or for what purpose the
construction contractor has used the moneys paid; that title to any of the work, materials,
or equipment has passed to the CITY free and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at issue between the CITY and the
construction contractor that affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information compiled
and furnished by others, and may not always represent the exact location, type of various
components, or exact manner in which the PROJECT was finally constructed. The
ARCHITECT is not responsible for any errors or omissions in the information from others
that is incorporated into the record drawings.
I. Right to Audit
(1) ARCHITECT agrees that the CITY shall, until the expiration of five (5) years
after final payment under this AGREEMENT, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ARCHITECT involving transactions relating to this AGREEMENT.
ARCHITECT agrees that the CITY shall have access during normal working
hours to all necessary ARCHITECT facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ARCHITECT reasonable
advance notice of intended audits.
(2) ARCHITECT further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such subconsultant,
involving transactions to the subcontract, and further, that the CITY shall have
access during normal working hours to all subconsultant facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in
compliance with the provisions of this section together with subsection (3)
hereof. CITY shall give subconsultant reasonable advance notice of intended
audits.
(3) ARCHITECT and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ARCHITECT for the
cost of copies at the rate published in the Texas Administrative Code in effect as
of the time copying is performed.
DocuSign Envelope ID: 78C0D6E1-EF17-47A0-8B8D-B4F86BFE6AB6
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 6 of 17
J. INSURANCE
(1) ARCHITECT’S INSURANCE
a. Commercial General Liability – the ARCHITECT shall maintain
commercial general liability (CGL) and, if necessary, commercial
umbrella insurance with a limit of not less than $1,000,000.00 per each
occurrence with a $2,000,000.00 aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall apply
separately to this PROJECT or location.
i. The CITY shall be included as an additional insured with all rights
of defense under the CGL, using ISO additional insured
endorsement or a substitute providing equivalent coverage, and
under the commercial umbrella, if any. This insurance shall apply
as primary insurance with respect to any other insurance or self-
insurance programs afforded to the CITY. The Commercial
General Liability insurance policy shall have no exclusions or
endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, personal injury, or
advertising injury, which are normally contained within the policy,
unless the CITY specifically approves such exclusions in writing.
ii. ARCHITECT waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this AGREEMENT.
b. Business Auto – the ARCHITECT shall maintain business auto liability
and, if necessary, commercial umbrella liability insurance with a limit of
not less than $1,000,000 each accident. Such insurance shall cover
liability arising out of “any auto”, including owned, hired, and non-owned
autos, when said vehicle is used in the course of the PROJECT. If the
architect owns no vehicles, coverage for hired or non-owned is
acceptable.
i. ARCHITECT waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ARCHITECT
pursuant to this AGREEMENT or under any applicable auto
physical damage coverage.
c. Workers’ Compensation – ARCHITECT shall maintain workers
DocuSign Envelope ID: 78C0D6E1-EF17-47A0-8B8D-B4F86BFE6AB6
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 7 of 17
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ARCHITECT waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer’s liability or commercial umbrella insurance obtained by
ARCHITECT pursuant to this AGREEMENT.
d. Professional Liability – ARCHITECT shall maintain professional liability, a
claims-made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of
the AGREEMENT or the first date of services to be performed,
whichever is earlier. Coverage shall be maintained for a period of 5 years
following the completion of the AGREEMENT. An annual certificate of
insurance specifically referencing this PROJECT shall be submitted to
the CITY for each year following completion of the AGREEMENT.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ARCHITECT has obtained
all required insurance shall be attached to this AGREEMENT prior to its
execution.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, subject to any defense provided by the policy, as its
interests may appear. The term CITY shall include its employees,
officers, officials, agents, and volunteers as respects the contracted
services.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this AGREEMENT are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to attach the required insurance
documentation hereto shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent
to the respective Department Director (by name), City of Denton, 901
Texas Street, Denton, Texas 76209.
DocuSign Envelope ID: 78C0D6E1-EF17-47A0-8B8D-B4F86BFE6AB6
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 8 of 17
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first-dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ARCHITECT 's insurance policies including
endorsements thereto and, at the CITY's discretion; the ARCHITECT
may be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or
prior to the date of the AGREEMENT. The certificate of insurance shall
state both the retroactive date and that the coverage is claims-made.
k. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
final payments.
l. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this AGREEMENT.
m. Sub consultants and subcontractors to/of the ARCHITECT shall be
required by the ARCHITECT to maintain the same or reasonably
equivalent insurance coverage as required for the ARCHITECT. When
sub consultants/subcontractors maintain insurance coverage,
ARCHITECT shall provide CITY with documentation thereof on a
certificate of insurance.
K. Independent Consultant
DocuSign Envelope ID: 78C0D6E1-EF17-47A0-8B8D-B4F86BFE6AB6
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 9 of 17
The ARCHITECT agrees to perform all services as an independent consultant and not as
a subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior
shall not apply.
L. Disclosure
The ARCHITECT acknowledges to the CITY that it has made full disclosure in writing of
any existing conflicts of interest or potential conflicts of interest, including personal financial
interest, direct or indirect, in property abutting the proposed PROJECT and business
relationships with abutting property cities. The ARCHITECT further acknowledges that it
will make disclosure in writing of any conflicts of interest that develop subsequent to the
signing of this AGREEMENT and prior to final payment under the AGREEMENT.
M. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or suspected,
the ARCHITECT will stop its own work in the affected portions of the PROJECT
to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ARCHITECT to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
N. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published design
criteria and/or current architectural practice standards which the ARCHITECT should have
been aware of at the time this AGREEMENT was executed, the ARCHITECT shall revise
plans and specifications, as required, at its own cost and expense. However, if design
changes are required due to the changes in the permitting authorities' published design
criteria and/or practice standards criteria which are published after the date of this
AGREEMENT which the ARCHITECT could not have been reasonably aware of, the
ARCHITECT shall notify the CITY of such changes and an adjustment in compensation
will be made through an amendment to this AGREEMENT.
O. Schedule
ARCHITECT shall manage the PROJECT in accordance with the schedule developed per
Exhibit A to this AGREEMENT.
P. Equal Opportunity
(1) Equal Employment Opportunity: ARCHITECT and ARCHITECT’s agents
shall engage in any discriminatory employment practice. No person shall, on
the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic
DocuSign Envelope ID: 78C0D6E1-EF17-47A0-8B8D-B4F86BFE6AB6
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 10 of 17
testing, or national origin, be refused the benefits of, or be otherwise subjected
to discrimination under any activities resulting from this AGREEMENT.
(2) Americans with Disabilities Act (ADA) Compliance: ARCHITECT and
ARCHITECT’s agents shall not engage in any discriminatory employment
practice against individuals with disabilities as defined in the ADA.
SECTION 5
Obligations of the City
A. City-Furnished Data
ARCHITECT may rely upon the accuracy, timeliness, and completeness of the information
provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ARCHITECT as required for the
ARCHITECT 's performance of its services. The CITY will perform, at no cost to the
ARCHITECT, such tests of equipment, machinery, pipelines, and other components of the
CITY's facilities as may be required in connection with the ARCHITECT 's services. The
CITY will be responsible for all acts of the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and
pay for all advertisements for bids; permits and licenses required by local, state, or federal
authorities; and land, easements, rights-of-way, and access necessary for the
ARCHITECT 's services or PROJECT construction.
D. Timely Review
The CITY will examine the ARCHITECT 's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as the
CITY deems appropriate; and render in writing decisions required by the CITY in a timely
manner in accordance with the PROJECT schedule prepared in accordance with
Exhibit A.
E. Prompt Notice
The CITY will give prompt written notice to the ARCHITECT whenever CITY observes or
becomes aware of any development that affects the scope or timing of the ARCHITECT 's
DocuSign Envelope ID: 78C0D6E1-EF17-47A0-8B8D-B4F86BFE6AB6
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 11 of 17
services or of any defect in the work of the ARCHITECT or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ARCHITECT will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos containing
materials, or conditions, and that ARCHITECT 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 City, City hereby releases ARCHITECT from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge, release
or escape of hazardous substances, contaminants, or asbestos is a result of
ARCHITECT’s negligence or if ARCHITECT brings such hazardous substance,
contaminant or asbestos onto the PROJECT.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article IV.E.
regarding the ARCHITECT 's Personnel at Construction Site, and provisions providing for
contractor indemnification of the CITY and the ARCHITECT for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ARCHITECT, its officers, employees, and
subcontractors, for any claim arising out of, in connection with, or
resulting from the architectural services performed. Only the CITY
will be the beneficiary of any undertaking by the ARCHITECT."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ARCHITECT and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this AGREEMENT.
(4) Nothing contained in this Section H. shall be construed as a waiver of any right
the CITY has to bring a claim against ARCHITECT.
I. CITY's Insurance
DocuSign Envelope ID: 78C0D6E1-EF17-47A0-8B8D-B4F86BFE6AB6
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 12 of 17
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY may secure Builders Risk/Installation insurance at the replacement
cost value of the PROJECT. The CITY may provide ARCHITECT a copy of the
policy or documentation of such on a certificate of insurance.
J. Litigation Assistance
The Scope of Services does not include costs of the ARCHITECT for required or
requested assistance to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY. In the event CITY requests such services of the
ARCHITECT, this AGREEMENT shall be amended or a separate agreement will be
negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in this
AGREEMENT. If such changes affect the ARCHITECT 's cost of or time required for
performance of the services, an equitable adjustment will be made through an amendment
to this AGREEMENT with appropriate CITY approval.
SECTION 6
General Legal Provisions
A. Authorization to Proceed
ARCHITECT shall be authorized to proceed with this AGREEMENT upon receipt of a
written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ARCHITECT, whether in hard copy or in electronic form, are instruments of service for this
PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by
the CITY or by others acting through or on behalf of the CITY of any such instruments of
service without the written permission of the ARCHITECT will be at the CITY's sole risk.
The CITY shall own the final designs, drawings, specifications and documents.
DocuSign Envelope ID: 78C0D6E1-EF17-47A0-8B8D-B4F86BFE6AB6
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 13 of 17
C. Force Majeure
The ARCHITECT is not responsible for damages or delay in performance caused by acts
of God, strikes, lockouts, accidents, or other events beyond the control of the ARCHITECT
that prevent ARCHITECT’s performance of its obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated:
a. by the City for its convenience upon 30 days' written notice to
ARCHITECT.
b. by either the CITY or the ARCHITECT for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days’ written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ARCHITECT will be paid for termination expenses as follows:
a. Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ARCHITECT 'S work product;
b. Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
c. The time requirements for the ARCHITECT 'S personnel to document
the work underway at the time of the CITY'S termination for convenience
so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ARCHITECT will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ARCHITECT for the
convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of the
ARCHITECT s personnel and subcontractors, and ARCHITECT 's compensation will be
made.
DocuSign Envelope ID: 78C0D6E1-EF17-47A0-8B8D-B4F86BFE6AB6
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 14 of 17
F. Indemnification
IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904,
THE ARCHITECT SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST
LIABILITY FOR ANY DAMAGE COMMITTED BY THE ARCHITECT OR ARCHITECT’S
AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH
THE ARCHITECT EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS
CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL
TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS
REASONABLE ATTORNEY’S FEES IN PROPORTION TO THE ARCHITECT’S
LIABILITY.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior written
consent of the other party.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for any
litigation related to this AGREEMENT shall be Denton County, Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
will not affect any other provision, and this AGREEMENT shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F.,
6.B., 6.D., 6.F., 6.H., and 6.I. shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ARCHITECT shall at all times observe and comply with all federal and State laws and
regulations and with all City ordinances and regulations which in any way affect this
AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. ARCHITECT AGREES TO DEFEND, INDEMNIFY
AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS AND
EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OF
THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION,
WHETHER IT BE BY ITSELF OR ITS EMPLOYEES.
DocuSign Envelope ID: 78C0D6E1-EF17-47A0-8B8D-B4F86BFE6AB6
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 15 of 17
K. Immigration Nationality Act
ARCHITECT shall verify the identity and employment eligibility of its employees who
perform work under this AGREEMENT, including completing the Employment Eligibility
Verification Form (I-9). Upon request by CITY, ARCHITECT shall provide CITY with
copies of all I-9 forms and supporting eligibility documentation for each employee who
performs work under this AGREEMENT. ARCHITECT shall adhere to all Federal and
State laws as well as establish appropriate procedures and controls so that no services
will be performed by any ARCHITECT employee who is not legally eligible to perform
such services. ARCHITECT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY ARCHITECT, ARCHITECT’S EMPLOYEES, SUBCONTRACTORS,
AGENTS, OR LICENSEES. CITY, upon written notice to ARCHITECT, shall have the
right to immediately terminate this AGREEMENT for violations of this provision by
ARCHITECT.
L. Prohibition On Contracts With Companies Boycotting Israel
ARCHITECT acknowledges that in accordance with Chapter 2270 of the Texas
Government Code, CITY is prohibited from entering into a contract with a company for
goods or services unless the contract contains a written verification from the company
that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to
those terms in Section 808.001 of the Texas Government Code. By signing this
AGREEMENT, ARCHITECT certifies that ARCHITECT’S signature provides written
verification to the CITY that ARCHITECT: (1) does not boycott Israel; and (2) will
not boycott Israel during the term of the AGREEMENT. Failure to meet or maintain
the requirements under this provision will be considered a material breach.
M. Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or
a Foreign Terrorist Organization
Section 2252 of the Texas Government Code restricts CITY from contracting with
companies that do business with Iran, Sudan, or a foreign terrorist organization. By
signing this AGREEMENT, ARCHITECT certifies that ARCHITECT’S signature
provides written verification to the CITY that ARCHITECT, pursuant to Chapter
2252, is not ineligible to enter into this AGREEMENT and will not become
ineligible to receive payments under this AGREEMENT by doing business with
Iran, Sudan, or a foreign terrorist organization. Failure to meet or maintain the
requirements under this provision will be considered a material breach.
DocuSign Envelope ID: 78C0D6E1-EF17-47A0-8B8D-B4F86BFE6AB6
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 16 of 17
N. Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908
of the Government Code. The law states that the City may not enter into this contract
unless the Contractor submits a disclosure of interested parties (Form 1295) to the City
at the time the Contractor submits the signed contract. The Texas Ethics Commission
has adopted rules requiring the business entity to file Form 1295 electronically with the
Commission.
Contractor will be required to furnish a Certificate of Interest Parties before the contract
is awarded, in accordance with Government Code 2252.908.
The contractor shall:
1. Log onto the State Ethics Commission Website at :
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on page 2 of this contract.
5. Complete and sign the Form 1295
6. Email the form to purchasing@cityofdenton.com with the contract number in the
subject line. (EX: Contract 7818-003 – Form 1295)
7. The City must acknowledge the receipt of the filed Form 1295 not later than the 30th
day after Council award. Once a Form 1295 is acknowledged, it will be posted to the
Texas Ethics Commission’s website within seven business days.
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th
day after Council award. Once a Form 1295 is acknowledged, it will be posted to the
Texas Ethics Commission’s website within seven business days.
DocuSign Envelope ID: 78C0D6E1-EF17-47A0-8B8D-B4F86BFE6AB6
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 17 of 17
BY:
CITY OF DENTON, TEXAS
BY:
CaCo Architecture LLC
City Manager
Date:__________________
Date:____________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_________________________
Signature
_________________________
Title
_________________________
Department
Date Signed: ______________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
By:
ATTEST:
ROSA RIOS, CITY SECRETARY
By:______________________________
___2022-________________
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
DocuSign Envelope ID: 78C0D6E1-EF17-47A0-8B8D-B4F86BFE6AB6
Managing PartnerMyriam Camargo
851256
2/16/2022
2/16/2022
Director - Airport & Facilities
Facilities Management
03/22/2022
Sara Hensley
1412 Main Street Suite 1600 Dallas TX 75202 972.934.7600
January 27, 2022 – Rev. 3
Ms. Marissa Barrett
Administration Manager, Facilities Management
City of Denton
ISSUED VIA EMAIL Marissa.Barrett@CityofDenton.com
Re: City of Denton Citywide Master Planning Services
Proposal
Dear Ms. Barrett:
CaCo Architecture LLC is pleased to present our revised Comprehensive Proposal for the City of Denton’s Citywide
Master Planning Services effort. We have revised our original proposal based on our MS Teams workshops with you
and your team. I hope that we have captured all your comments in this revised proposal. Our Master Plan will yield
a road map for future decisions which considers additional facility needs comprehensively, in relationship to all City
Departments in a deliberate and strategic manner, as Denton positions itself for the next 20 years.
One of the City’s highest priorities for the Master Plan is to provide options for future planning. This Master Plan
will delineate the steps necessary for CoD’s service facilities to function effectively and set a framework in place to
evaluate future facilities needs and/or opportunities, both short and long term, thereby identifying CoD’s space
needs based on growth projections and in alignment with its community’s needs.
Our revised proposal is organized in phases:
•PHASE 1 - BASIC SERVICES will result in a definitive, high-level, Master Plan for the city.
•PHASE 2 - ADDITIONAL SERVICES will provide additional programming of the specific departmental
requirements for each proposed project.
•PHASE 3 - TASKS BEYOND PHASE 2: There may be other Additional Services tasks, such as detailed facilities
standards for design and construction.
The programming and Master Planning of Citywide Facilities is a critical step in the continued success of the City of
Denton and its constituents, inclusive of the businesses, work force, staff, and communities it serves. The Master
Plan will provide an important overview of the general needs of the Citywide Facilities, while identifying future
facility needs, and a capital improvements implementation strategy for the City of Denton’s use in a future CIP Bond
Program for moving forward and meeting the needs of its employees and the community.
We trust you will find out proposal satisfactory and look forward to collaborating with you and your Team; we look
forward to your comments.
Sincerely,
CaCo Architecture LLC
Myriam E. Camargo, FAIA, LEED AP
Principal
EXHIBIT ADocuSign Envelope ID: 78C0D6E1-EF17-47A0-8B8D-B4F86BFE6AB6
Mr. Marissa Barrett
City of Denton
Proposal for Citywide Master Planning Services
January 27, 2022 – Rev. 3
Page 2
TASKS & DELIVERABLES
SUMMARY DESCRIPTION
Our proposal to prepare a Master Plan for the City of Denton assumes that it is a multi-phase effort, as follows:
PHASE 1 will result in a definitive, high-level, Master Plan for the city that focuses on three things related to its
facilities:
1. What facilities does CoD need in the next 5, 10, and 20 years and where should they be?
2. What land does CoD need to acquire after using inventory of existing City property; where and when?
3. Which existing facilities need to be renovated or demolished, based on the programmatic needs above and
the FCA to be provided by CoD?
PHASE 1 will produce a strategy for city facilities, which is agreed-to by city leadership, and that will provide a general
“road map” showing what actions to take over time. Specific details related to each future project identified in the
Master Plan, however, will be addressed in future phases. PHASE 1 is defined as the “BASIC SERVICES” of preparing
a Master Plan.
PHASE 2 will provide additional detail to the recommendations contained in the Master Plan, for example
programming the specific requirements for each proposed project. PHASE 2 is defined as “ADDITIONAL SERVICES”.
These additional services can be included now, or at the conclusion of PHASE 1.
BEYOND PHASE 2, there will be other Additional Services tasks that can support implementing the Master Plan, for
example detailed standards for design and construction. These tasks are identified in this proposal, but the cost is
not included.
WORKPLAN
PHASE 1 - BASIC SERVICES CONTAINS FIVE PARTS:
• Phase 1, Part A: Organize – Establish the Process
• Phase 1, Part B: Identify the Vision
• Phase 1, Part C: Assess Existing Conditions, Context & Drivers (Programming)
• Phase 1, Part D: Master Planning – Formulate Options
• Phase 1, Part E: Implementation Strategy
PHASE 1, PART A: ORGANIZE – ESTABLISH THE PROCESS
Introduction – Defines the purpose of the Plan, reviews the Plan’s goals and objectives, and describes the planning
process. It will allow the Team to Organize and Mobilize to begin the process.
During this first phase, the following Tasks are proposed:
Task A.1 – Kick-Off Meeting
The Kick-Off meeting with CoD and PPV is intended to be the initial start of the process of Facility Master Planning.
DocuSign Envelope ID: 78C0D6E1-EF17-47A0-8B8D-B4F86BFE6AB6
Mr. Marissa Barrett
City of Denton
Proposal for Citywide Master Planning Services
January 27, 2022 – Rev. 3
Page 3
Our Team will gather all pertinent data on the sites and facilities, including Organization Charts for all
Divisions/Department/City Services being delivered.
A meeting scheduled, prior to this Kick Off Meeting, with CoD Administration will take place to review the agenda.
The agenda will include, at a minimum, an explanation of the process, establish lines of communication, the
timeline, and the tasks. The intent is to define the purpose of the Plan, review the Plan’s goals and objectives, and describe the planning process.
Our Team will also establish times and dates for the meetings with the Steering Committee to:
• Define Deliverables
• Define Stakeholder and Staff Involvement
• Define Roles and Communication Strategy
Task A.2 – Establish A Steering Committee
It will be important for the team to have city input on all aspects of the Master Planning process and therefore the
need to establish a Steering Committee which will be engaged throughout the entire effort. The Committee should
represent leadership for each of the main City Administration/Departments.
Task A.3 – Establish Lines of Communication
Our Team and the Steering Committee members will establish and agree to a formal communication structure to
keep communication open and relay essential information on a timely basis; all members agree to adhere to the
defined communication structure.
Task A.4 – Establish Master Planning Process Schedule
We project the approximate time frame to complete the PHASE 1 Master Planning process to be a 5-month
process. In dialogue with the City, the goal is to make the first draft available to the City on June 1, 2022, with the
final Master Plan results due July 1, 2022. Given the unknowns regarding timing for City Council approvals, the
attached Proposed Schedule depicts duration times. Specific dates will be dependent on official NTP and maintain
the same duration.
Task A.5 – Define and Agree on Deliverables for the Master Planning Process
A review of the Deliverable identified within this proposal will be discussed and adjusted to meet the City’s needs.
Task A.6 – Define Stakeholder Involvement
In dialogue with the City, the extent of Stakeholder involvement will be determined and agreed upon to best
provide relevant information and pertinent feedback important to the Master Planning process.
Task A.7 - Define Citywide Service Delivery Programs
All programs to be identified during the first step (Organize Phase) of the Master Planning process. CoD to provide
City’s Organizational Chart outlining the various business units involved.
Task A.8 – Demographics and Future Growth Projections
To better understand the Community Needs at the City of Denton, our Team will review and assimilate the
demographic analysis provided by CoD and use the anticipated population growth information provided to inform
the best placement of City assets for deploying and delivering city services.
Phase 1, Part A. Deliverables: A summary of all information collected, and decisions made during this first phase of the process will be developed
and presented to the City’s designated point of contact for review and input.
DocuSign Envelope ID: 78C0D6E1-EF17-47A0-8B8D-B4F86BFE6AB6
Mr. Marissa Barrett
City of Denton
Proposal for Citywide Master Planning Services
January 27, 2022 – Rev. 3
Page 4
A revised version incorporating the City’s comments and feedback will be issued for final review and approval.
PHASE 1, PART B: IDENTIFY THE VISION
City Vision – Review of the City of Denton’s Vision for its Strategic Growth and Economic Development Strategy, both short and Long Term, to lay the groundwork and context from which the Master Planning process will
develop.
During this phase, the following Tasks are proposed:
Task B.1 – Visioning Session
A meeting will be conducted for the team to get knowledge of the City of Denton’s vision for the future and gain full
understanding of how this vision will inform the Master Planning process. It will be important for the Master Planning
team to:
• Solidify Vision/Mission, Values and Goals
• Identify Aspirations/Guiding Principles
• Establish Goals/Measures of Success
PHASE 1, PART C: ASSESS EXISTING CONDITIONS, CONTEXT & DRIVERS (PROGRAMMING)
A comprehensive audit and analysis of what the organization has in place is crucial. During this part of the project,
CaCo Team will conduct site visits and high-level discussions at CoD identified departmental locations (12-15 sites
are anticipated). Existing drawings and information available shall be reviewed to familiarize the team as to how
the spaces are being used and identify building functionality. High level programming will identify future
requirements.
Task C.1 – Facility Inventory and Functional Evaluation of Existing Spaces
(To complement the facilities condition assessment)
Assess and evaluate existing facilities based on documentation provided by CoD, for that subset of buildings that
are included. The intent for this task is to confirm the appropriateness of each building’s use moving forward.
Analyze and document the current operational space occupied by each department from a functional viewpoint.
Assess the adequacy of the current spaces to determine which spaces should be changed or modified to
accommodate a more efficient and effective use.
• Obtain specific facility building information
• Record and analyze existing facilities (adjacencies, synergies, etc.)
• Record and analyze functional needs
• Record and analyze context and drivers
Purpose: To identify areas that are functionally inadequate and could improve functional effectiveness with re-use,
renovation, or modification.
Task C.2 - Workflow Analysis and Functional Adjacencies
Analyze and diagram the operational workflow within and between city departments. Identify the optimal
functional adjacencies between city departments and suggest possible improvements to increase efficiency and
operational effectiveness.
DocuSign Envelope ID: 78C0D6E1-EF17-47A0-8B8D-B4F86BFE6AB6
Mr. Marissa Barrett
City of Denton
Proposal for Citywide Master Planning Services
January 27, 2022 – Rev. 3
Page 5
Purpose: To improve operational work efficiency and influence facility planning strategies. To aid in planning
facilities around operation functions for a more effective use of facilities and staff.
Task C.3 – City’s Strategic Plans Analysis
Based on our analysis and understanding of the city’s demographics, we will seek to understand the city’s strategic
development growth plans to gain a full picture of the facility needs impact throughout the various areas of the
city.
Task C.4 – Service Area Program Needs review
Team’s review of all city department needs to be addressed by the Master Plan from the City’s perspective. The
city departments to be addressed in the Master Plan will be identified by the City and based on the CoD-provided
Organization Chart.
Task C.5 - Staff Input on City Services Factfinding
Conduct three staff focus groups with a cross-section of staff from the different city departments to provide an
overview of the challenges they face daily with the delivery of services to the community.
Purpose: To provide an opportunity to identify city staff’s challenges and concerns regarding their daily operations
in the delivery of services to the community. This informs the operational functionality of the city departments and
provides an initial opportunity for the city staff to give input into the Master Planning study.
Task C.6 – Facility Condition Assessment (provided by others)
A review of the Facility Conditions Assessments (FCA), to be made available to CaCo’s Team by no later than April
1, 2022, will complete the overall background information needed for the team to begin evaluating the city
facilities in relation to the programmatic space needs and formulation of the options for the facilities.
• Priority One – Facility Assessments, 973,570 SF
• Priority Two – Facility Assessments, 132,863 SF
Task C.7 – Workplace Environments and Office Space Standards Based on National Best Practices
Conduct a workshop with city leaders to set administrative space guidelines to be used for all future facility
planning. Discuss national best practices and review how the city currently uses office space in different locations.
These guidelines will help to establish consistent sizes and capabilities for the different levels of employees and
staff based upon work functions. This effort will be undertaken with the input of leadership to make an inclusive
and equitable decision regarding city workspace.
Purpose: To establish city workspace standards to be applied across all city departments and administration. These
are to be applied to all future new and renovated city facilities.
Task C.8 – Alternative Strategies for Delivering City Services
Based on the results of the Staff Input focus groups above and using the various existing planning studies from
different departments, work with city leadership to identify possible operational improvements in the daily
functions of city services across all departments. Identify opportunities to provide more efficient and effective
delivery of services across city departments.
Purpose: To identify high level operational efficiencies that could be implemented to enhance the effectiveness of
the delivery of services.
DocuSign Envelope ID: 78C0D6E1-EF17-47A0-8B8D-B4F86BFE6AB6
Mr. Marissa Barrett
City of Denton
Proposal for Citywide Master Planning Services
January 27, 2022 – Rev. 3
Page 6
Task C.9 – Facilities Programming (Top Down)
(Note: This level of programming is intended to develop options. A second round of more detailed programming will occur in Phase 2.)
Considering the identified city service delivery programs and departments, the team will proceed with identifying
space need requirements on an incremental basis, to identify short term and long-term requirements yielding a
‘Gap’ analysis. The result will be a set of building blocks used in the formulation of the Master Planning Options.
C.9.a – Programming for Office Functions (Top Down)
Conduct a “top down” programming effort for administrative, or office-related departments. This will focus on the
amount of space needed in each office-related city department, incorporating the other steps listed above. The
number of interviews will be limited to leadership. Prepare a high-level summary program of requirements for
each office department.
Purpose: To define what specific requirements need to be accommodated in the Master Plan.
C.9.b – Space Programming for Non-Office Functions (Top Down)
Conduct a “top down” programming effort for non-administrative or non-office-related departments. This will focus
on the amount of space needed in each non-office-related city department, incorporating the other steps listed
above. The number of interviews will be limited to leadership. Prepare a high-level summary program of
requirements for each office department.
Task C.10 - Gap Analysis
Summarize all the space programming information. Prepare a gap analysis that compares the existing space with
the projected space for each department. Identify opportunities to consolidate or collocate departments into
single facilities or locations. Identify existing buildings or locations that could be adaptively reused to improve
operational efficiencies and effectiveness across the city.
Purpose: To develop a set of “building blocks” that converts the programs of requirements into specific projects
that are to be accommodated in the Master Plan. Target opportunities for consolidation into existing facilities to
garner better use of current city assets. To identify departments or city entities that could be collocated to
improve operational functionality and efficiency. Determine potential existing facilities or locations that could be
surplus properties that could have a higher and better use.
Phase 1, Part C. Deliverables:
A summary of all information collected, and decisions made during this third phase of the process will be
developed and presented to the City’s designated point of contact for review and input. A revised version incorporating the City’s comments and feedback will be issued for final review and approval.
PHASE 1, PART D: MASTER PLANNING – FORMULATE OPTIONS
The information developed in the prior phases forms the foundation of the facilities Master Plan.
The Long-Range Facilities Master Plan begins to be formulated through the development of scenarios to derive
viable options.
Task D.1 – Scenario Formulation
City Service Delivery Programs will be considered individually and collectively, allowing the planning team to:
• Develop Planning Options
DocuSign Envelope ID: 78C0D6E1-EF17-47A0-8B8D-B4F86BFE6AB6
Mr. Marissa Barrett
City of Denton
Proposal for Citywide Master Planning Services
January 27, 2022 – Rev. 3
Page 7
• Formulate Space/Facility Efficiencies and determine Space/Facility Needs
• Develop Response to Context and Drivers
• Define Guidelines and Standards for Flexibility and Growth/Evolution
• Define Guidelines and Standards for Evaluating and Selecting City Facility Locations
• Each scenario will outline facility recommendations and influencing factors including a workforce staffing
summary for each one of the facilities being proposed; define whether the facility will be renovated, altered,
or replaced so adequate planning, scheduling, and budgeting can take place.
Task D.2 – Conceptual Implementation Schedule/Phasing,
In addition to the Conceptual Cost Estimating, an initial implementation schedule and phasing will be developed to
be taken into consideration, and it will be the precursor to the recommended Implementation Strategy.
Task D.3 – Preferred Option Selection(s)
In consultation with CoD and the Steering Committee, a preferred option selection process will take place to
evaluate which Option best suits the City’s overall needs and requirements.
Phase 1, Part D. Deliverables:
A summary of all information collected, and decisions made during this fourth phase of the process will be
developed and presented to the City’s designated point of contact for review and input.
A revised version incorporating the City’s comments and feedback will be issued for final review and approval.
PHASE 1, PART E: IMPLEMENTATION STRATEGY
During this phase, the preferred Option is fully developed based on the established criteria and City input.
The final plan will include final recommendations, cost estimates – with allowances for escalation on future
projects), and an implementation plan strategy.
MASTER PLANNING DOCUMENTATION
• Master Plan – Documentation and Presentation
• Provide Implementation Strategy Cost Estimates and Life-Cycle Analysis
• Provide Implementation Schedule/Phasing
• Interim Report
Task E.1 – Master Plan Draft Development
Development of a Draft Master Plan Document will be initiated documenting all decisions and strategies agreed
upon during the Master Planning process which will define the City’s course of action related to its Citywide
Facilities’ needs.
Task E.2 – Solidify Implementation Strategy
Solidify final Master Plan criteria and implementation strategy for City review and approval which will include an
Implementation Schedule.
Task E.3 – Develop Funding Strategy
In consultation with the City, develop financial assumptions to support scope and schedule assumptions in Master
Plan.
Task E.4 – Craft Final Master Plan Document.
Finalize Master Plan Document for submittal.
DocuSign Envelope ID: 78C0D6E1-EF17-47A0-8B8D-B4F86BFE6AB6
Mr. Marissa Barrett
City of Denton
Proposal for Citywide Master Planning Services
January 27, 2022 – Rev. 3
Page 8
Phase 1, Part E. Deliverables:
Completed Citywide Facilities Master Plan.
NUMBER OF MEETINGS ANTICIPATED We anticipate various meetings throughout the Master Planning process. Interface will most often take place with
the Steering Committee/Leadership Team, designated point of contact, and user groups. Our proposed fee is
based on seven major meetings and five minor meetings, as delineated in the Schedule. Additional departmental
programming meetings will take place in Phase 2. We expect much of our dialogue, interaction and collaboration
will take place with:
• Senior Administration
• Designated Point of Contact and Steering Committee
• City Council
OPTIONAL
CONCEPTUAL COST ESTIMATING/RANGE OF MAGNITUDE
Conceptual Cost Estimating – The main purpose of the estimate work will be to provide ROM (Range of Magnitude) estimates for the city’s facility needs for the next 5 to 10 years. This would include capital improvement and
possible renovation/expansion of city-owned or operated facilities so the City may fully evaluate the presented
options.
END OF PHASE 1 - BASIC SERVICES
PHASE 2, ADDITIONAL SERVICES 1: PROGRAMMING FOR EACH RECOMMENDED PROJECT
Prepare a comprehensive program of requirements for each recommended project in the Master Plan. This will give
the city a set of clearly defined projects and allow the city to move ahead with implementing individual projects.
This task will include:
• Departmental interviews to collect additional information related to each identified project.
• Refining the space and adjacency requirements within each project.
• Collecting detailed and/or technical requirements about appropriate spaces.
• Preparing a draft and full program of requirements for identified projects, inclusive of site security needs.
Purpose: To give the city a clearly defined set of projects for funding and architect selection.
PHASE 2, ADDITIONAL SERVICES 2: INTEGRATEED FACILITIES GUIDELINE
This service will include the following:
• Develop Guidelines for Future Construction.
• Develop Performance Specifications for Bidding Documents.
• Incorporate Existing Departmental Plans, Infrastructure Studies, Sustainability Standards, and other
Standards into the Master Plan.
• Refine the Existing Demographic Data into a More Targeted Demographic Analysis and Incorporate it into
the Master Plan.
DocuSign Envelope ID: 78C0D6E1-EF17-47A0-8B8D-B4F86BFE6AB6
Mr. Marissa Barrett
City of Denton
Proposal for Citywide Master Planning Services
January 27, 2022 – Rev. 3
Page 9
• Programming For Individual Projects: This task will “package” the departmental requirements prepared in
Additional Services 1 (see above) into a program that is specific for each individual project. This will support
the city in funding and architect selection when moving forward with implementing individual projects
contained in the Master Plan.
END OF PHASE 2 - ADDITIONAL SERVICES 1 & 2
PHASE 3, ADDITIONAL SERVICES 3: FACILITIES STANDARD SPECIFICATIONS - TBD
Identify/Provide Facilities Department's performance specifications by system for bidding documents.
Duration and Fees to be determined later.
END OF PHASE 3 – ADDITIONAL SERVICES 3
PROPOSED FEES & EXPENSES
Standard project expenses, related to the Basic Services for this project, are included in the proposed fees; such
expenses include regular printing, postage, telephone charges, courier/overnight delivery charges, travel (including
mileage/tolls/parking) for the proposed number of meetings/site visits. It is assumed project deliverables will be
made electronically. If CoD desires hard copy prints for distributions, CaCo can request a quote from CoD’s
preferred vendor. Any extraordinary expenses, not described above, that we may be asked to incur for the benefit
of the project may be provided as a reimbursable expense.
COMPENSATION PROPOSED
PHASE 1 - BASIC SERVICES $496,000
Part A. Organize – Establish the Process
Part B. Identify the Vision
Part C. Assess Existing Conditions, Context & Drivers (Programming)
Part D. Master Planning – Formulate Options
Part E. Implementation Strategy
Our fee includes standard project expenses and will be billed on a percent complete basis.
PHASE 1 - OPTIONAL SERVICES
• Conceptual Cost Estimating $13,500
PHASE 2 – ADDITIONAL SERVICES
• Optional Additional Services 1 - Additional in-depth programming $200,000
• Optional Additional Services 2 – Integrated Facilities Guidelines $145,000
PHASE 3 - BEYOND PHASE 2 TASKS
• Optional Additional Services 3 – Facilities Standards Specifications $TBD
DocuSign Envelope ID: 78C0D6E1-EF17-47A0-8B8D-B4F86BFE6AB6
Mr. Marissa Barrett
City of Denton
Proposal for Citywide Master Planning Services
January 27, 2022 – Rev. 3
Page 10
PROFESSIONAL HOURLY FEE SCHEDULE
CACO STAFF
(As of 1/1/2022; fees subject to review/change annually)
Principal $295
Assoc. Principal/Sr. Project Manager/Architect $195
Project Manager/Architect $155
Interior Designer $125
Intern Architect/Designer Level II $115
Intern Architect/Designer Level I $95
Administrative Support $65
Computer Modeling/Rendering $200
FPC STAFF
Principal and Director $225
Senior Laboratory Planner $225
Senior Programmer/Planner $195
Market Intelligence Analyst $195
Programmer/Planner $175
Technical Support $150
DocuSign Envelope ID: 78C0D6E1-EF17-47A0-8B8D-B4F86BFE6AB6
DocuSign Envelope ID: 78C0D6E1-EF17-47A0-8B8D-B4F86BFE6AB6
CONFLICT OF INTEREST QUESTIONNAIRE
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2 Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more? Yes No D. Describe each employment or business and family relationship with the local government officer named in this section.
4 I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
CaCo Architecture LLC
NOT APPLICABLE
10-12-2021
EXHIBIT B
DocuSign Envelope ID: 78C0D6E1-EF17-47A0-8B8D-B4F86BFE6AB6
Certificate Of Completion
Envelope Id: 78C0D6E1EF1747A08B8DB4F86BFE6AB6 Status: Completed
Subject: Please DocuSign: City Council Contract 7818-003 Facilities Master Plan
Source Envelope:
Document Pages: 30 Signatures: 5 Envelope Originator:
Certificate Pages: 6 Initials: 1 Christa Christian
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
Christa.Christian@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
2/14/2022 12:20:44 PM
Holder: Christa Christian
Christa.Christian@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Christa Christian
christa.christian@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 2/14/2022 12:49:51 PM
Viewed: 2/14/2022 12:51:01 PM
Signed: 2/14/2022 12:51:11 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 2/14/2022 12:51:13 PM
Viewed: 2/14/2022 2:17:53 PM
Signed: 2/14/2022 2:18:20 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Deputy City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 68.191.210.54
Sent: 2/14/2022 2:18:22 PM
Viewed: 2/14/2022 2:19:12 PM
Signed: 2/15/2022 2:29:10 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Myriam Camargo
mcamargo@cacollc.com
Managing Partner
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 24.28.80.13
Sent: 2/15/2022 2:29:12 PM
Viewed: 2/16/2022 8:52:16 AM
Signed: 2/16/2022 9:54:46 AM
Electronic Record and Signature Disclosure:
Accepted: 2/16/2022 8:52:16 AM
ID: 2a069a88-42b1-427d-bcf6-1851cc48b04a
Signer Events Signature Timestamp
Scott Gray
scott.gray@cityofdenton.com
Director - Airport & Facilities
x
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 2/16/2022 9:54:50 AM
Viewed: 2/16/2022 9:55:23 AM
Signed: 2/16/2022 9:55:39 AM
Electronic Record and Signature Disclosure:
Accepted: 2/16/2022 9:55:23 AM
ID: 9b64eab2-a7fa-4e1b-9316-2e9ebf24da3c
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.10
Sent: 2/16/2022 9:55:42 AM
Viewed: 3/23/2022 9:55:16 AM
Signed: 3/23/2022 9:55:38 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 107.77.233.145
Signed using mobile
Sent: 3/23/2022 9:55:40 AM
Resent: 3/25/2022 9:57:33 AM
Viewed: 3/25/2022 9:59:35 AM
Signed: 3/25/2022 9:59:39 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Rosa Rios
rosa.rios@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 3/25/2022 9:59:42 AM
Viewed: 3/25/2022 11:27:04 AM
Signed: 3/25/2022 11:27:27 AM
Electronic Record and Signature Disclosure:
Accepted: 3/25/2022 11:27:04 AM
ID: 519f2a49-9d47-46f4-83af-fbdf57e6a2d0
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 2/14/2022 12:51:14 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 2/16/2022 9:55:42 AM
Viewed: 2/16/2022 3:39:09 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 3/25/2022 11:27:29 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marissa Barrett
marissa.barrett@cityofdenton.com
Management Analyst
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 3/25/2022 11:27:30 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 2/14/2022 12:49:51 PM
Certified Delivered Security Checked 3/25/2022 11:27:04 AM
Signing Complete Security Checked 3/25/2022 11:27:27 AM
Completed Security Checked 3/25/2022 11:27:30 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
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and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of
this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
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required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Myriam Camargo, Scott Gray, Rosa Rios
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems: Windows2000? or WindowsXP?
Browsers (for SENDERS): Internet Explorer 6.0? or above
Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0,
NetScape 7.2 (or above)
Email: Access to a valid email account
Screen Resolution: 800 x 600 minimum
Enabled Security Settings:
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
proxy connection
** These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
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save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
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print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.