Loading...
HomeMy WebLinkAbout2001-068ORDINANCE NO ¢S.fLy/ 0 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH FREGONESE CALTHORPE ASSOCIATES TO PROVIDE PROFESSIONAL SERVICES FOR THE DEVELOPMENT OF AN OPEN SPACE PLAN AND A DOWNTOWN REVITALIZATION PLAN AS SET FORTH IN THE CONTRACT, AND PROVIDING AN EFFECTIVE DATE (PSA 2651 — PROFESSIONAL SERVICE AGREEMENT FOR OPEN SPACE PLAN AND DOWNTOWN REVITALIZATION PLAN AWARDED TO FREGONESE CALTHORPE ASSOCIATES IN THE AMOUNT OF $54,900 FOR THE OPEN SPACE PLAN AND $116,900 FOR THE DOWNTOWN REVITALIZATION PLAN, TOTAL AWARDED $166,900) WHEREAS, The professional services provider (the "Provider) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services, and WHEREAS, The fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS EC�S TION I The City Manager is hereby authorized to enter into a professional service contract with the Provider, Fregonese Calthorpe Associates is to provide Assistance in Implementation of the Downtown Revitalization Plan and Open Space Plan, a copy of which is attached hereto and incorporated by reference herein SECTION II The City Manager is authorized to expend funds as required by the attached contract SECTION IQ The findings in the preamble of this ordinance are incorporated herein by reference SECTION IV This ordinance shall become effective immediately upon its passage and approval q `� PASSED AND APPROVED this the day of 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY '"aAhj 1/'�- - //lz "J"/ APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 'r�' PSA 2651 - PROFFSSIOtjKLSEPX6ClES FOR OPEN SPACE PLAN AND DOWNTOWN REVITALIZATION ORDINANCE- 2001 PROFESSIONAL SERVICES AGREEMENT FOR OPEN SPACE AND DOWNTOWN MASTER PLANS STATE OF TEXAS § COUNTY OF DENTON § T S AGREEMENT is made and entered into as of the day of 20 0/ , by and between the City of Denton, Texas, a Texas municipal corporation, witlf its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER" and Fregonese Calthorpe Associates, with its company office at 421 S.W. Sixth Avenue, Suite 1010, Portland, Oregon 97204, hereinafter called "CONSULTANT," acting herein, by and through their duly authorized representatives WlTNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with the CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas The professional services set out herein are in connection with the following described project The Project shall include, without limitation, the development of an Open Space Master Plan and a Downtown Master Plan. ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following services in a professional manner A The CONSULTANT shall perform all those services as necessary and as described in the OWNER's scopes of service for an Open Space Master Plan and a Downtown Master Plan, which is attached hereto and made a part hereof as Exhibit "A" as if written word for word herein B To perform all those services set forth in CONSULTANT's proposal, which proposal is attached hereto and made a part hereof as Exhibit "B" as if written word for word herein C CONSULTANT shall perform all those services set forth in individual task orders which shall be attached to this Agreement and made a part hereof for all purposes as separate agreements D If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits or task orders ARTICLE III ADDITIONAL SERVICES Additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included in the above -described Basic Services, are described as follows A During the course of the Project, as requested by OWNER, the CONSULTANT will be available to accompany OWNER's personnel when meeting with the Texas Natural Resource Conservation Commission, U S Environmental Protection Agency, or other regulatory agencies The CONSULTANT will assist OWNER's personnel on an as - needed basis in preparing compliance schedules, progress reports, and providing general technical support for the OWNER's compliance efforts B Assisting OWNER or contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement Such services, if any, shall be furnished by CONSULTANT on a fee basis negotiated by the respective parties outside of and in addition to this Agreement C Sampling, testing, or analysis beyond that specifically included in Basic Services D Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications E Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the OWNER ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER This Agreement may be sooner terminated in accordance with the provisions hereof Time is of the essence in this Agreement The CONSULTANT shall make all reasonable efforts Page 2 to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the OWNER, acting through its City Manager or his designee ARTICLE V COMPENSATION A COMPENSATION TERMS 1 "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services in the nature of 11YA/A 2 "Direct Non -Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment B BILLING AND PAYMENT For and in consideration of the professional services to be performed by the CONSULTANT herem, the OWNER agrees to pay, based on the cost estimate detail at an hourly rate shown in Exhibit "C" which is attached hereto and made a part of tins Agreement as if written word for word herem, a total fee, including reimbursement for direct non -labor expenses not to exceed $166,900 Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through its City Manager or his designee, however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered The OWNER may withhold the final five percent (5%) of the contract amount until completion of the Project Nothing contained in tins Article shall require the OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization from the OWNER The CONSULTANT shall not proceed to perform the services listed in Article III "Additional Services," without obtaining prior written authorization from the OWNER C ADDITIONAL SERVICES For additional services authorized in writing by the OWNER in Article III, the CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate shown in Exhibit "C " Payments for additional services shall Page 3 be due and payable upon submission by the CONSULTANT, and shall be in accordance with subsection B hereof Statements shall not be submitted more frequently than moxithly D PAYMENT If the OWNER fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from the said sixtieth (60a) day, and, in addition, the CONSULTANT may, after giving seven (7) days' written notice to the OWNER, suspend services under this Agreementuntil the CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) set forth herein if the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article V, "Compensation " ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of the OWNER upon the termination of this Agreement The CONSULTANT is entitled to retain copies of all such documents The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this Project, and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense In the event the OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating to their use in that project ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or claim any right arising from employee status Page 4 ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved ARTICLE X INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above A Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate B Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident C Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident D Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate E The CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverages The insurance policies shall name the OWNER as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days' prior written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage Page 5 ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution, such as mediation No arbitration or alternate dispute resolution ansing out of or relating to this Agreement, involving one party's disagreement, may include the other party to the disagreement without the other's approval ARTICLE XII TERMINATION OF AGREEMENT A Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days' advance written notice to the other party B This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement No such termination will be affected unless the other party is given (1) written notice (delivered by certified marl, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than thirty (30) calendar days to cure the failure, and (2) an opportunity for consultation with the terminating party prior to termination C If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER within thirty (30) days after the date of termination The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article V "Compensation" Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its use ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work, nor shall such approval be deemed to be an assumption of such responsibility by the Page 6 OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants ARTICLE XIV NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified marl, return receipt requested, unless otherwise specified herein Marled notices shall be deemed communicated as of three (3) days after mailing To CONSULTANT John Fregonese Fregonese Calthorpe Associates 421 S W Sixth Avenue, Suite 1010 Portland, Oregon 97204 To OWNER City of Denton Michael W Jez, City Manager 215 East McKinney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing ARTICLE XV ENTIRE AGREEMENT This Agreement, consisting of pages and exhibits, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior or contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof ARTICLE XVI SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent j unsdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision Page 7 ARTICLE XVII COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended ARTICLE XVIII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap ARTICLE XIX PERSONNEL A The CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement Such personnel shall not be employees or officers of, or have any contractual relations with the OWNER CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of interest that may arse during the term of this Agreement B All services required hereunder will be performed by the CONSULTANT or under its supervision All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the OWNER ARTICLE XXI MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed, and the parties further agree that the provisions of this section will not be waived unless as set forth herein Page 8 ARTICLE XXII MISCELLANEOUS A The following exhibits are attached to and made a part of this Agreement (list exhibits) B CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the CONSULTANT involving transactions relating to this Agreement CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section OWNER shall give CONSULTANT reasonable advance notice of intended audits C Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas This Agreement shall be construed in accordance with the laws of the State of Texas D For the purpose of tins Agreement, the key persons who will perform most of the work hereunder shall be John Fregonese However, nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the services required herein E CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being earned on by the OWNER The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement G The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement Page 9 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duty authorized City Manager, and CONSULTANT has executed this Agreement through its duly authorized undersigned officer on this the &z�k day of 20 0/ ATTEST JENNIFER WALTERS, CITY SECRETARY i" ��i •S TO LEGAL F• WITNESS I CITY OF DENTON, TEXAS CONSULTANT Page 10 EXHIBIT A Scope of Work City of Denton Open Space Master Plan Introduction The Denton Comprehensive Plan envisions an extensive system of open spaces for recreation, wildlife enhancement, and flood control. Some of these open spaces can be protected through the land use regulations now being adopted by the Denton City Council. Some, however, need additional methods to be used for acquisition. As with any project that involves the expenditure of funds or the acquisition of property, a strong public involvement program is essential. This scope of work outlines a relatively quick process, based on other successful models, to develop a list of potential open spaces, and the means whereby they may be protected or acquired. These systems have been based on a willing seller commitment, and provide for many means for protection, from outright acquisition to conservation easements to transfer of development rights. Denton County has expressed an interest in collaborating with the City in protecting lands within the ETJ. This scope of work takes the County's participation into account. TASK 1 Establish Open Space Database This task is to establish the universe of open and vacant lands that would minimally qualify as open space for any reason. This would form the basis for the development of the final plan. This database would be developed from the Denton GIS system, modified and supplemented with various new data and recent aerial photography. TASK 2 Identify open space evaluation factors An evaluation method would be developed that would evaluate, with several criteria, the value of each open space area. The evaluation system could include factors such as: Areas with streams Tree Canopy Wildlife Values Culturallhistorical values Accessibility to existing population Accessibility to future population Connectivity to other open space Wildlife Corridors Meets future park needs (Recreation) These factors would be expressed in a GIS database and could be mapped, as well as used for further prioritization. Task 3 Open Space Threat Assessment The next task is to develop a threat assessment of open space. This would be based on looking at current zoning and the chances that development would preserve or threaten open space, and development trends, that would indicate the timing of any threat. Task 4 Neighborhood Workshops This task is to take this information to the neighborhoods in Denton and conduct hands-on workshops in the neighborhoods. Using high quality maps of the area, these workshops would Involve neighbors in reviewing the value and threat assessment, and providing for their input on their assessment of the values of various open spaces that exist. We then would engage them in a prioritization scheme, allowing them to set a priority when the have to make tradeoffs. Task 5 Establish implementation strategies This would be a review with the Denton City staff of the various tools available for reservation, and the steps for implementation of an open space plan. Such strategies could include: Transfer of Development rights Conservation easement purchase Land trust donations Fee Simple purchase City park funds City drainµge funds Open Spate bonds funded by property tax Dedicated isales tax Strategies involving Denton County and other entities Task 6 Establish priority list This next task is to develop a draft priority list. We advocate in developing a target area, with many more parcels than are intended for purchase, and a target acreage, which is the amount 2 intended for purchase or protection. Then the City has many options, and is not in the position of Inversely condemning a particular property. Each target area would: Identify eligible parcels Identify preferred preservation method Identify target acreages in each target area Task 7 Develop plan The final step is to develop a final draft of the plan, documenting all steps and mcludmg a newsletter and video for presentations. Several Neighborhood Open Houses would be included Task 8 Plan adoption The consultant would participate in the plan adoption as needed 3 EXHIBIT A Scope of Work Denton City Downtown Master Plan Introduction Denton's downtown is both the historic center and the location of the best redevelopment potential in North Texas Denton offers a home town feel, closeness to the cultural and educational facilities of the City, and the only opportunity for an urban lifestyle in the Denton area Because it is a historic city center, it contains a charm and feel that is unpossible to reproduce in newly developed mixed use villages As demographics and living preferences change, Denton's core can take advantage of these trends and opportunities However, a comprehensive strategy is needed to coordinate the activities of the public sector and private businesses and investors This will look at market trends, and assess what the development potential is in Downtown Denton A development strategy will be developed, targeting likely and desirable investment in the Downtown area Obstacles and opportunities will be identified A detailed design plan will be developed that will guide the public investments, and specific guidelines for the private sector development will be created A Capital Improvement Strategy will be developed, including sources of income including a number of sources Finally, a public involvement strategy will be employed that will provide for input from the downtown community and the Denton community at large Task 1: Market Assessment for Downtown Denton Market Potential. A leading Economics firm will examine the dynamics of growth in the Dallas -Fort Worth Metroplex, and explore ways that it can be captured in appropriate ways As high technology industries continue to grow, the Denton area may be positioned to sluft from being a "spillover location" for manufacturing and warehousing activities, to being a preferred location for high -paying office space As software design and internet related companies grow, these firms, which have virtually no manufacturing component, will feel added pressures to find space that is both available and affordable Quality of life is becoming the biggest factor in most corporate location decisions This strength will be key to addressing both "market driven" and design issues relating to the downtown Urban style housing has also been shown to be a growing and underserved sector, and Denton provides one of the few sites in the area that could provide housing with a downtown flavor This should also be considered in the context of the CBD Finally, the urbane vitality of downtowns is not only important for drawing community members together, but is also an important reason for many business locations Consequently, retail and entertainment uses will also be examined Working with a local real estate economist, we will determine what the market potential for development in downtown Denton Recent developments, absorption and vacancy rates, leasing and rental rates, and other indicators of economic activity will be chronicled Deliverables Market analysis for downtown Current lease, rental, and absorption rate Potential market demand for office, retail, housing, and potential barriers to their development Task ;: Parkins, Transportation and Redevelopment Analysis This task is to update the current Redevelopment model with complete assessor's data, and update the assumptions for redevelopment with the information gleaned from the market assessment in Task 1 The redevelopment model calculates the potential feasibility of development of parcels In addition, we will, with the assistance of the Denton Planning Department, evaluate existing conditions with regard to parking usage and development or redevelopment opportunities in the Downtown area In this task, the consultant will assemble a two-part spreadsheet model that shows the interaction between the existing land and building values in the area, and the effect of zoning codes on redevelopment potential (note this builds on the redevelopment analysis conducted in the Denton Development Code project) In addition, we will include the module that calculates parking demand based on time of day demand, and shows the advantages of shared parking and mixed -use areas Current transportation usage will also be inventoried, and we will work with the Denton Transportation staff to develop an assessment model for determining the needs of future transportation facilities based on the plan These models (redevelopment, parking, and transportation) will be used for analysis throughout the project A complete redevelopment and parking demand model requires an accurate inventory of current use, building square footage, assessed value, lease and rental rates, and construction costs 2. Parking and Transportation and Redevelopment Analysts Deliverables Downtown parking demand analysis Parking Demand Model Redevelopment Opportunities Model Redevelopment Opportunities Map Buildout Summary Current transportation assessment Future Transportation modeling methodology Task 3: Street Design. The design of public infrastructure will also play an important role Furthermore, most street -facing uses can only be expected if on -street parking is provided, and fast-moving roads discourage pedestrian movement and activity Several of the area's arterial streets may have excess capacity and travel lanes that can be converted to on -street parking We will work with staff to determine the extent to which existing streets can be redesigned to balance the needs of all modes, and Fregonese Calthorpe Associates will collaborate with engineers to design attractive streetscapes that will attract appropriate forms of new development and establish a distinct identity for Denton 2 Streetscape design Plan Deliverables Ideal streetscape designs for typical downtown streets Streetscapes applied to specific areas of the downtown, modified as necessary Task 4: Workshop to develop a Plan 4A Workshop In a workshop format, stakeholders will have the opportunity to review approximately 100 slides depicting a range of mid to high -density housing rating each unage on a scale of 0 to + 10 depending on how much they like or dislike the image Scores will be tallied and then the group will review the images with the highest positive and negative ratings Discussion will be facilitated to determine what particular design elements led to positive or negative ratings The result will be a catalog of preferred design features to be included in design guidelines for proposed projects in the Downtown area 4B Refine Preferred Plan The maps produced by the workshop groups will be summarized and recurrent themes and development patterns will be used to create a draft preferred village plan Staff, the ad -hoc committee and the consultant will refine the village plan based on the previous parking, transportation and redevelopment analysis The refined plan will be analyzed to determine what types of zoning changes will be necessary to accomplish the proposed density and use - mix This will be done in a two day workshop, with the concepts and designs reviewed one day, the design created the next, and reviewed with the participants the next night Deliverables Newsletter advertising workshop Organize and attend Denton workshop (2 days) Catalog of preferred design features Memo about preferred design features, necessary code changes Draft downtown design plan Task 5: Implementation SA. Draft Downtown Design and Development Plan Using the redevelopment model and the proposed development intensities that were discussed in the workshop, we will produce a development plan, with site specific improvements in street cross sections, public open space and plazas, and building footprints Tlus plan will be based on a 20 year buildout based on realistic assessment of market conditions and redevelopment potential 5B Draft Design Standards Draft actual code language and design standards These standards would use the new Denton Development Code as a basis, and would focus on design needs for the Downtown Workshops with a task force and presentations to Planning Commission, Council, and interested community groups would be to review the draft Site Design Standards We will produce four before and after illustrations of key sites in Downtown, the before picture will be a digital panorama photograph, the after image will be a water color based on the envisioned development strategy A draft Downtown Design and Review section of the Denton code would be produced, and supplied to the Planning Department in digital form, including illustrations 5C. Parking. As the Downtown intensifies, comprehensive strategies for parking will become increasingly important Shared parking, on -street parking and municipal structures are among the strategies that will be incorporated into the Plan We will use our shared parking model and an inventory of on street and off street parking to produce a parking strategy that is based on the development plan produced in 5A 5D Transportation and Transit. Working with the Denton staff, we will identify likely improvements in roads, and in transit service that would be necessary to support the proposed development design plan 5E Implementation (Implementation strategy Key public investments, expected results and benchmarks) A draft Master Plan document will be prepared that summarizes the results of the process, and explains the recommendations This would include a draft strategic plan for development implementation of the plan that contains the following Strategic infrastructure investments, Public -private partnerships, Regulations for design and other public goals, such as affordable housing, Other strategies as appropriate Funding Methods We will work with staff to identify a proposed capital improvements budget, and funding methods, including tax increment financing, local improvement districts and other methods of developing the funds for improvements 5F Communication A newsletter designed for wide public distribution will also be produced to briefly explains both process and recommendations to interested community members Powerpomt 4 presentations will be produced and made available on video The plan will be produced and printed with color, to be distributed to interested stakeholders and members of the public Deliverables Downtown design plan Downtown Design Standards Downtown parking management study Downtown transportation and transit assessment Four before and after images Final Report including Implementation Strategic Plan Public Newsletter Final Downtown Plan Document Develop Pilot Project As a pilot project, a partnership with a downtown property owner would be forged to develop a demonstration project that explores the feasibility of key components of the Denton Plan Possible projects would be a mixed use building that brings neighborhood services and housing to the Downtown, a hotel or entertainment use, a mixed use office and retail building, a major retail tenant, or other keystone downtown projects that would enhance the downtown environment The subtasks in this task would be Develop a set of criteria for a partnership Develop a set of criteria for a downtown project Develop a set of incentives that may be made available for a pilot project Assist the City in recruiting interviewing, negotiating, and selecting a private sector partner and project (Note This would be contingent on the circumstances existing that would lead to a project, most importantly, a willing and able private sector partner ) Adoption Process: An estimate of the time to adopt the document and its unplementation strategies with the Denton City Council 2th onese EN18f orpe ASSOCIATES Budget & Scope of Work City of Denton Open Space Master Plan Introduction The Denton Comprehensive Plan envisions an extensive system of open spaces for recreation, wildlife enhancement, and flood control Some of these open spaces can be protected through the land use regulations now being adopted by the Denton City Council Some, however, need additional methods to be used for acquisition As with any project that involves the expenditure of funds or the acquisition of property, a strong public involvement program is essential This scope of work outlines a relatively quick process, based on other successful models, to develop a list of potential open spaces, and the means whereby they may be protected or acquired These systems have been based on a willing seller commitment, and provide for many means for protection, from outright acquisition to conservation easements to transfer of development rights The Denton County would be involved and used as a partner in protecting lands in the Denton ETJ as appropriate TASK 1: Establish Open Space Database. This task is to establish the universe of open and vacant lands that would mimmally qualify as open space for any reason This would form the basis for the development of the final plan This database would be developed from the Denton GIS system, modified and supplemented with various new data and recent aerial photography TASK 2: Identify open space evaluation factors An evaluation method would be developed that would evaluate, with several criteria, the value of each open space area The evaluation system could include factors such as a Areas with streams b Tree Canopy c Wildlife Values d Accessibility to existing population e Accessibility to future population f Connectivity to other open space g Wildlife Corridors h Meets future park needs (Recreation) These factors would be expressed in a GIS database and could be mapped, as well as used for further pnontization Task 3: Open Space Threat assessment Fregonese Cafthorpe Associates Derdon Open Space Plan Scope of Work August , t 2000 The next task is to develop a threat assessment of open space This would be based on looking at current zoning and the chances that development would preserve or threaten open space, and development trends, that would indicate the tuning of any threat Task 4: Neighborhood Workshops Tins task is to take this information to the neighborhoods in Denton and conduct a hand -on workshops in the neighborhoods Using high quality maps of the area, these workshops would involve neighbors in reviewing the value and threat assessment, and providing for their input on their assessment of the values of various open spaces that exist We then would engage them in a pnontization scheme, allowing them to set a priority when the have to make tradeoffs Task 5: Establish implementation Strategies. This would be a review with the Denton City staff of the various tools available for reservation, and the steps for unplementation of an open space plan Such strategies could include o Transfer of Development rights o Conservation easement purchase o Land trust donations o Fee Simple purchase ■ City park funds ■ City drainage funds ■ Open Space bonds funded by • property tax • Dedicated sales tax • etc o Strategies used in cooperation with Denton County Task 6: Establish priority list This next task is to develop a draft priority list We advocate in developing a target area, with many more parcels than are intended for purchase, and a target acreage, which is the amount intended for purchase or protection Then the City has many options, and is not in the position of inversely condemning a particular property Each target area would • Identify eligible parcels • Identify preferred preservation method • Identify target acreages in each target area Fngonees Camorpe Associates Denton Open Space Plan Scope o/Work August 2WO Task 7: Develop plan The final step is to develop a final draft of the plan, documenting all steps and including a newsletter and video for presentations Several Neighborhood Open Houses would be included Task 8: Plan adoption The consultant would participate in the plan adoption as needed Pregonese CalMorpe Associates Denton Open Space Plan Scope of Work Augustl, 2000 N TO N N ctiE yp �,W o OO op QQ oo 0p O O O O O O O aAS a� fLb N a e onese thorpelBIT ASSOCIATES Budget & Scope of Work Denton City Downtown Master Plan Introduction Denton's downtown is both the historic center and the location of the best redevelopment potential in North Texas Denton offers a home town feel, closeness to the cultural and educational facilities of the City, and the only opportunity for an urban lifestyle in the Denton area Because it is a historic city center, it contains a charm and feel that is impossible to reproduce in newly developed mixed use villages As demographics and living preferences change, Denton's core can take advantage of these trends and opportunities However, a comprehensive strategy is needed to coordinate the activities of the public sector and private businesses and investors This will look at market trends, and assess what the development potential ism Downtown Denton A development strategy will be developed, targeting likely and desirable investment in the Downtown area Obstacles and opportunities will be identified A detailed design plan will be developed that will guide the public investments, and specific guidelines for the private sector development will be created A Capital Improvement Strategy will be developed, including sources of income including a number of sources Finally, a public involvement strategy will be employed that will provide for input from the downtown community and the Denton community at large Task 1: Market Assessment for Downtown Denton Market Potential. A leading Economics firm will examine the dynamics of growth in the Dallas -Fort Worth Metroplex, and explore ways that it can be captured in appropriate ways As high technology industries continue to grow, the Denton area may be positioned to shift from being a "spillover location" for manufacturing and warehousing activities, to being a preferred location for high -paying office space As software design and internet related companies grow, these firms, which have virtually no manufacturing component, will feel added pressures to find space that is both available and affordable Quality of life is becoming the biggest factor in most corporate location decisions This strength will be key to addressing both "market driven" and design issues relating to the downtown Urban style housing has also been shown to be a growing and underserved sector, and Denton provides one of the few sites in the area that could provide housing with a downtown flavor This should also be considered in the context of the CBD Finally, the urbane vitality of downtowns is not only important for drawing community members together, but is also an important reason for many business locations Consequently, retail and entertainment uses will also be examined Working with a local real estate economist, we will determine what the market potential for development in downtown Denton Recent developments, absorption and vacancy rates, leasing and rental rates, and other indicators of economic activity will be chronicled Fregonese CaMhorps Associates Denton Downtown Plan Scope o/ Work Auguste, 2000 Budget $12,500 Deliverables Market analysis for downtown Current lease, rental, and absorption rate Potential market demand for office, retail, housing, and potential barriers to their development Task 2: Parkins Transportation and Redevelopment Analysis This task is to update the current Redevelopment model with complete assessor's data, and update the assumptions for redevelopment with the information gleaned from the market assessment in Task I The redevelopment model calculates the potential feasibility of development of parcels In addition, we will, with the assistance of the Denton Planning Department, evaluate existing conditions with regard to parking usage and development or redevelopment opportunities in the Downtown area In tins task, the consultant will assemble a two-part spreadsheet model that shows the interaction between the existing land and building values in the area, and the effect of zoning codes on redevelopment potential (note this builds on the redevelopment analysis conducted in the Denton Development Code project) In addition, we will include the module that calculates parking demand based on time of day demand, and shows the advantages of shared parking and mixed -use areas Current transportation usage will also be inventoried, and we will work with the Denton Transportation staff to develop an assessment model for determining the needs of future transportation facilities based on the plan These models (redevelopment, parking, and transportation) will be used for analysis throughout the project A complete redevelopment and parking demand model requires an accurate inventory of current use, building square footage, assessed value, lease and rental rates, and construction costs 2 Parking and Transportation and Redevelopment Analysis Budget $13,200 Deliverables Downtown parking demand analysis Parking Demand Model Redevelopment Opportunities Model Redevelopment Opportunities Map Buddout Summary Current transportation assessment Future Transportation modeling methodology Task 3: Street Design. Fregonese Calthorpe Associates 2 Denton Downtown Plan Scope o/ Work August 4 2000 The design of public infrastructure will also play an important role Furthermore, most streettfacing uses can only be expected if on -street parking is provided, and fast-moving roads idiscourage pedestrian movement and activity Several of the area's arterial streets may have excess capacity and travel lanes that can be converted to on -street parking We will work with staff to determine the extent to which existing streets can be redesigned to balance the needs of all modes, and Fregonese Calthorpe Associates will collaborate with engineers to design attractive streetscapes that will attract appropriate forms of new development and establish a distinct identity for Denton Streetscape design Plan Budget $3,700 Deliverables Ideal streetscape designs for typical downtown streets Streetscapes applied to specific areas of the downtown, modified as necessary Task 4: Workshop to develop a Plan 4A Workshop Budget $11,500 In a workshop format, stakeholders will have the opportunity to review approximately 100 slides depicting a range of mid to high -density housing rating each image on a scale of 0 to + 10 depending on how much they like or dislike the unage Scores will be tallied and then the group will review the unages with the highest positive and negative ratings Discussion will be facilitated to determine what particular design elements led to positive or negative ratings The result will be a catalog of preferred design features to be included in design guidelines for proposed projects in the Downtown area 4B Refine Preferred Plan Budget $4,500 The maps produced by the workshop groups will be summarized and recurrent themes and development patterns will be used to create a draft preferred village plan Staff, the ad -hoc committee and the consultant will refine the village plan based on the previous parking, transportation and redevelopment analysis The refined plan will be analyzed to determine what types of zoning changes will be necessary to accomplish the proposed density and use - mix Tlus will be done in a two day workshop, with the concepts and designs reviewed one day, the design created the next, and reviewed with the participants the next night Deliverables Newsletter adverusmg workshop Organize and attend Denton workshop (2 days) Catalog of preferred design features Fregoneae CaMorpe Associates Denton Downtown Plan Scope of Work August 4 2000 Memo about preferred design features, necessary code changes Draft downtown design plan Task $: Implementation SA. Draft Downtown Design and Development Plan Using the redevelopment model and the proposed development intensities that were discussed in the workshop, we will produce a development plan, with site specific improvements in street cross sections, public open space and plazas, and building footprints This plan will be based on a 20 year buildout based on realistic assessment of market conditions and redevelopment potential Budget $12,000 SB Draft Design Standards Draft actual code language and design standards These standards would use the new Denton Development Code as a basis, and would focus on design needs for the Downtown Workshops with a task force and presentations to Planning Commission, Council, and interested community groups would be to review the draft Site Design Standards We will produce four before and after illustrations of key sites in Downtown, the before picture will be a digital panorama photograph, the after image will be a water color based on the envisioned development strategy A draft Downtown Design and Review section of the Denton code would be produced, and supplied to the Planning Department in digital form, including illustrations Budget $2,000 5C. Parking. As the Downtown mtensifies, comprehensive strategies for parking will become increasingly important Shared parking, on -street parking and municipal structures are among the strategies that will be incorporated into the Plan We will use our shared parking model and an inventory of on street and off street parking to produce a parking strategy that is based on the development plan produced in 5A Budget $5,600 5D Transportation and Transit. Working with the Denton staff, we will identify likely improvements in roads, and in transit service that would be necessary to support the proposed development design plan Budget $3,500 Pregonese Calthorpe Assodates 4 Denton Downtown Plan Scope of Work August 4 2OW SE Implementation (Implementation strategy Key public investments, expected results and benchmarks) A draft Master Plan document will be prepared that summarizes the results of the process, and explains the recommendations This would include a draft strategic plan for development implementation of the plan that contains the following Strategic infrastructure investments, Public -private partnerships, Regulations for design and other public goals, such as affordable housing, Other strategies as appropriate Funding Methods We will work with staff to identify a proposed capital improvements budget, and funding methods, including tax increment financing, local improvement districts and other methods of developing the funds for improvements Budget $11,000 5F Communication A newsletter designed for wide public distribution will also be produced to briefly explains both process and recommendations to interested community members Powerpomt presentations will be produced and made available on video The plan will be produced and printed with color, to be distributed to interested stakeholders and members of the public Deliverables Downtown design plan Downtown Design Standards Downtown parking management study Downtown transportation and transit assessment Four before and after images Final Report including Implementation Strategic Plan Public Newsletter Final Downtown Plan Document Budget $5,500 Develop Pilot Project As a pilot project, a partnership with a downtown property owner would be forged to develop a demonstration project that explores the feasibility of key components of the Denton Plan Possible projects would be a mixed use building that brings neighborhood services and housing to the Downtown, a hotel or entertainment use, a mixed use office and retail building, a major retail tenant, or other keystone downtown projects that would enhanse the downtown environment The subtasks in this task would be Develop a set of criteria for a partnership Develop a set of criteria for a downtown project Fragonese Camorpe associates Denton Downtown Man Seope Of Work August 2OW Develop a set of incentives that may be made available for a pilot project Assist the City in recruiting interviewing, negotiating, and selecting a private sector partner and project Assist Im design review and zoning approval for the project Budget $12,500 (Note This would be contingent on the circumstances existing that would lead to a project, most importantly, a willing and able private sector partner ) Adoption Process: An estimate of the tune to adopt the document and its implementation strategies with the Denton City Council Budget $14,500 Total- $112,000 Fregonsee CaMorpe Assoalates 6 Denton Downtown Plan Soo" Of Work August 4 2000 � ; � ; ■ ; �| § § ■ a § a a a $&� ■ ■ ■ ■ §I` § �! | !! � $$ ! � EXHIBIT C To Ed Hodney PROM. Glen Bolen, Senior Planner SUBJECT: Hourly Rates for FCA DATE: February 14, 2001 Following are the hourly rates for team members from Fregonese Calthorpe Associates that will be involved in this planning project John Fregonese, Principal $165 David Ausherman, Senior Associate $100 Glen Bolen, Senior Planner $85 Julia Reissman, GIS Specialist $55 Scott Fregonese, Assistant Planner $55 Darlene Risling, Secretary $40