2017-221ORDINANCE NO. 2017-221
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR
PROFESSIONAL PLANNING SERVICES RELATED TO THE DEVELOPMENT OF THE
SECTOR ONE SOUTH NEIGHBORHOODS SMALL AREA PLAN AND IMPLEMENTATION;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (FILE 6424 -AWARDED TO FREGONESE ASSOCIATES IN THE NOT -TO -
EXCEED AMOUNT OF $239,252.)
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:
SECTION 1, The City Manager is hereby authorized to enter into a professional service
contract with Fregonese Associates, to provide professional planning services for the Sector One
South Neighborhoods Small Area Plan, a copy of which is attached hereto, and incorporated by
reference herein.
SECTION 2. The City Manager is authorized to expend funds as required by the attached
contract.
SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required, or permitted to be performed by the City of
Denton under File 6424 to the City Manager of the City of Denton, Texas, or his designee.
SECTION m4. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ala of.......�, 2017.
i,
C °1S WATTS, M YORW N
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY. C-�'do., j�t)
APPRul."D AS O LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
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PROFESSIONAL SERVICES AGREEMENT
FOR PROFESSIONAL PLANNING SERVICES FOR DEVELOPMENT OF
SECTOR ONE SOUTH NEIGHBORHOODS SMALL AREA PLAN AND
IMPLEMENTATION STRATEGY
(RFQ #6424)
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT is made and entered into on ________________________, by and
between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215
Fregonese Associates, with its corporate office at 1525 Southwest Park Avenue, Suite 200,
Portland, Oregon 97201, hereinafter referred to as ,
through their duly authorized representatives.
WITNESSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually agree as follows:
ARTICLE I
CONSULTANT AS INDEPENDENT CONTRACTOR
The OWNER has selected CONSULTANT on the basis of demonstrated competence and
qualifications toperform the services herein in described for fair and reasonable price pursuant to
Chapter 2254 of the Texas Government Code. The OWNER hereby contracts with the
CONSULTANT as an independent contractor and not as an employee, and as such, the OWNER
will not assert control over the day-to-day operations of the CONSULTANT. The CONSULTANT
is customarily engaged to provide services as described herein independently and on a
nonexclusive basis in the course of its business. This Agreement does not in any way constitute a
joint venture between OWNER and CONSULTANT. The CONSULTANT hereby agrees to
perform the services described herein based on the skills required for the scope of work 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, professional services for the development of
a comprehensive small area plan and implementation strategy for an area within the City of Denton
study area is comprised
of the residential and commercial neighborhoods surrounding the University of North Texas
campus. The study area is approximately 1,200 acres and bounded on the north by Panhandle
Street, on the east by Fort Worth Drive/Carroll Boulevard, and on the west and south by Bonnie
Brae Street and Interstate Highway (IH)-35. The Oak Hickory and West Oak Historic Districts
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are situated in the study area. For the purposes of the small area plan, the study area does not
include the land area or facilities that are within the University of North Texas campus boundaries.
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
amended and negotiated version of the Scope of Work, which was originally made a part
hereof the Request for Qualifications (RFQ) 6424 Professional Planning
Services for Development of Sector One South Neighborhoods Small Area Plan and
Implementation Strategy for the City of Denton, which is attached hereto and made a part
hereof as Exhibit Aas if written word for word herein.
B. Sector One Small Area Plan/
Implementation Services for City of Denton - Fee Schedule, submitted on July 10, 2017,
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 the following individual
phases and phase task orders as described in detail in Exhibit B.
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
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 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 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.
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ARTICLE IV
COMPENSATION
A.COMPENSATION TERMS:
1.
employment of others in outside firms for services in the nature of professional
services for the development of a comprehensive small area plan and
implementation strategy for an area within the City of Denton boundaries that is
One South Neighborhoods
2.-
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 herein, the OWNER agrees to pay, based on the cost
estimate detail shown in Exhibit B which is attached hereto and made a part of this
Agreement as if written word for word herein, a total fee, including reimbursement for
direct non-labor expenses not to exceed $239,252.
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.
Nothing contained in this 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
C.PAYMENT: If the OWNER fails to make payments due the CONSULTANT for services
and expenses within thirty (30) days after receipt of the CONSULTANT
statement thereof, the amounts due the CONSULTANT will be increased by the maximum
rate, allowed by Section 2251.025 of the Texas Government Code, from the said thirtieth
th
(30) day until the date the OWNER mails or electronically submits payment.
Additionally
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OWNER, suspend services under this Agreement until the CONSULTANT has been paid
in full all amounts due for services, expenses, and charges. Nothing herein shall require
the OWNER to pay the late charge of the maximum rate, allowed by Section 2251.025 of
the Texas Government Code, set forth herein if the OWNER reasonably determines that
, there is a
bona fide dispute concerning the amount due, or the invoice was not mailed to the address
or in the form as described in this Agreement. The OWNER will notify CONSULTANT
of any disputes within twenty-one (21) days of receipt of the invoice.
D.Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215
East McKinney Street, Denton, Texas, 76201-4299. A pro-forma invoice shall be sent to
the contract administrator as identified in the Notice to Proceed. It is the intention of the
City of Denton to make payment on completed orders within thirty days after receipt of
invoice or items; whichever is later, unless unusual circumstances arise. Invoices must be
fully documented as to labor, materials, and equipment provided, if applicable, and
must reference the City of Denton Purchase Order Number in order to be
processed. No payments shall be made on invoices not listing a Purchase Order
Number.
ARTICLE V
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 VI
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by
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
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 VII
INDEMNITY AGREEMENT
THE CONSULTANT SHALLINDEMNIFY AND SAVE AND HOLD HARMLESS
THE OWNER AND ITS OFFICERS, OFFICIALS, AGENTS, AND EMPLOYEES FROM
AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES,
LOSSES, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO COURT COSTS AND
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REASONABLE ATTORNEY FEES ASSERTED AGAINST OR 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 INCIDENTAL TO, RELATED TO,
ANDIN 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 no
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 VIII
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
$1,000,000 for each occurrence and not less than $1,000,000 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.
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
General Liability and Auto Liability
insurance policies shall name the OWNER as an additional insured. CONSULTANT shall
endeavor to provide OWNER with any cancellation or modification to its insurance
policies.
ARTICLE IX
ALTERNATIVE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreement by submitting the dispute
to mediation with each party bearing its own costs of mediation. No mediation arising out of or
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include the other party to the
Mediation will not be a condition precedent to suit.
ARTICLE X
TERMINATION OF AGREEMENT
A.Notwithstanding any other provision of this Agreement, either party may terminate by
givin
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
mail, return receipt requested) of intent to terminate and setting forth the reasons specifying
the non-performance, and not less than fifteen (15) 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
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 XI
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 OWNER for any defect in
the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents,
and consultants.
ARTICLE XII
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 mail, return receipt requested, unless otherwise
specif
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To CONSULTANT: To OWNER:
Fregonese Associates City of Denton
John Fregonese, President Todd Hileman, City Manager
1525 Southwest Park Avenue, Suite 200 215 East McKinney
Portland, Oregon 97201 Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party to whom such notice is
ARTICLE XIII
ENTIRE AGREEMENT
This Agreement and related exhibits constitute the complete and final expression of this
Agreement of the parties, and is intended as a complete and exclusive statement of the terms of
their agreements, and supersedes all prior contemporaneous offers, promises, representations,
negotiations, discussions, communications, and agreements which may have been made in
connection with the subject matter hereof.
ARTICLE XIV
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent jurisdiction
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.
ARTICLE XV
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 XVI
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.
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ARTICLE XVII
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 arise 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 XVIII
ASSIGNABILITY
The CONSULTANT acknowledges that this Agreement is based on the demonstrated
competence and specific qualifications of the CONSULTANT and is therefore personal as to the
CONSULTANT. Therefore, 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 XIX
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.
ARTICLE XX
MISCELLANEOUS
A.The following exhibits are attached to and made a part of this Agreement:
Exhibit A Amended and negotiated version of the Scope of Work, which was originally
made a part hereof RFQ 6424 - Professional Planning Services for Development of Sector
One South Neighborhoods Small Area Plan and Implementation Strategy for the City of
Denton
Exhibit B- Sector One Small Area Plan/ Implementation Services for
City of Denton - Fee Schedule, submitted on July 10, 2017.
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B.The OWNER shall have the right to audit and make copies of the books, records and
computations pertaining to this agreement. The CONSULTANT shall retain such books,
records, documents and other evidence pertaining to this agreement during the contract
period and five years thereafter, except if an audit is in progress or audit findings are yet
unresolved, in which case records shall be kept until all audit tasks are completed and
resolved. These books, records, documents and other evidence shall be available, within
10 business days of written request. Further, the CONSULTANT shall also require all
Subcontractors, material suppliers, and other payees to retain all books, records, documents
and other evidence pertaining to this agreement, and to allow the OWNER similar access
to those documents. All books and records will be made available within a 50 mile radius
of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit
reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the
reasonable cost of the audit, including any travel costs, must be borne by the
CONSULTANT which must be payable within five business days of receipt of an invoice.
Failure to comply with the provisions of this section shall be a material breach of this
thereof. Each of the terms "books", "records", "documents" and "other evidence", as used
above, shall be construed to include drafts and electronic files, even if such drafts or
electronic files are subsequently used to generate or prepare a final printed document.
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 this Agreement, the key persons who will perform most of the work
hereunder shall be John Fregonese, Scott Fregonese, Nadine Appenbrink, Julia Reismann,
and Julia Reed. In addition, subconsultants who will perform most of the subconsultant
work hereunder shall be Janet Tharp, David Whitley, Kurt Schulte, Robert Rae, Bryan
Brown and Brian Lozano. However, nothing herein shall limit CONSULTANT or
Subconsultant 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 carried on by the OWNER.
F.
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.
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IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement
through its duly authorized undersigned officer on this date
_________________________ .
CITY OF DENTON, TEXAS
__________________________________
TODD HILEMAN, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
BY: __________________________________
FREGONESE ASSOCIATES
AN OREGON CORPORATION
CONSULTANT
__________________________________
AUTHORIZED SIGNATURE, TITLE
__________________________________
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
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CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is highly recommended
that bidders confer with their respective insurance carriers or brokers to determine in advance
of Bid submission the availability of insurance certificates and endorsements as prescribed and
provided herein. If an apparent low bidder fails to comply strictly with the insurance
requirements, that bidder may be disqualified from award of the contract. Upon bid award, all
insurance requirements shall become contractual obligations, which the successful bidder shall
have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the
project. Contractor may, upon written request to the Purchasing Department, ask for clarification
of any insurance requirements at any time; however, Contractors are strongly advised to make
such requests prior to bid opening, since the insurance requirements may not be modified or
waived after bid opening unless a written exception has been submitted with the bid. Contractor
shall not commence any work or deliver any material until he or she receives notification that
the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply with
the following general specifications, and shall be maintained in compliance with these general
specifications throughout the duration of the Contract, or longer, if so noted:
Each policy shall be issued by a company authorized to do business in the State of Texas
with an A.M. Best Company rating of at least A- VII or better.
Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
Liability policies shall be endorsed to provide the following:
Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers.
That such insurance is primary to any other insurance available to the additional
insured with respect to claims covered under the policy and that this insurance
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applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit of liability.
Provide a Waiver of Subrogation in favor of the City of Denton, its officials,
agents, employees, and volunteers.
Cancellation: City requires 30 day written notice should any of the policies
described on the certificate be cancelled before the expiration date.
Should any of the required insurance be provided under a claims-made form,
Contractor shall maintain such coverage continuously throughout the term of
this contract and, without lapse, for a period of three years beyond the contract
expiration, such that occurrences arising during the contract term which give rise
to claims made after expiration of the contract shall be covered.
Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or
legal defense costs to be included in the general annual aggregate limit, the
Contractor shall either double the occurrence limits or obtain Owners and
Contractors Protective Liability Insurance.
Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by this contract,
effective as of the lapse date. If insurance is not reinstated, City may, at its sole
option, terminate this agreement effective on the date of the lapse.
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SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with these
additional specifications throughout the duration of the Contract, or longer, if so noted:
\[X \]A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1,000,000.00
shall be provided and maintained by the Contractor. The policy shall be written on an
occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and
ISO Form GL 0404) is used, it shall include at least:
Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures.
Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
\[X\] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a
combination of basic and umbrella or excess policies. The policy will include bodily injury
and property damage liability arising out of the operation, maintenance and use of all
automobiles and mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
any auto, or
all owned, hired and non-owned autos.
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\[X\] WorkersCompensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation
Commission (TWCC).
\[ \] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be
on an "occurrence" basis, and the policy shall be issued by the same insurance company
that carries the Contractor's liability insurance. Policy limits will be at least combined
bodily injury and property damage per occurrence with a aggregate.
\[X\] Professional Liability Insurance
Professional liability insurance with limits not less than $1,000,000 per claim with respect
to negligent acts, errors or omissions in connection with professional services is required
under this Agreement.
\[ \] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
\[ \] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should b
including new hires. This type insurance should be required if the contractor has access to
City funds. Limits of not less than each occurrence are required.
\[ \] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific contract,
that requirement will be described in the "Specific Conditions" of the contract
specifications.
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ATTACHMENT 1
\[X\] Workers Compensation Coverage for Building or Construction Projects for
Governmental Entities
A.Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate
of authority to self-insure issued by the commission, or a coverage agreement (TWCC-
81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation
insurance coverage for the person's or entity's employees providing services on a
project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes all
persons or entities performing all or part of the services the contractor has undertaken
to perform on the project, regardless of whether that person contracted directly with
the contractor and regardless of whether that person has employees. This includes,
without limitation, independent contractors, subcontractors, leasing companies, motor
carriers, owner-operators, employees of any such entity, or employees of any entity
which furnishes persons to provide services on the project. "Services" include, without
limitation, providing, hauling, or delivering equipment or materials, or providing
labor, transportation, or other service related to a project. "Services" does not include
activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
B.The contractor shall provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any overage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all employees of the
Contractor providing services on the project, for the duration of the project.
C.The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
D.If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the coverage
period, file a new certificate of coverage with the governmental entity showing that
coverage has been extended.
E.The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
1)a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for
all persons providing services on the project; and
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2)no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project.
F.The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G.The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
H.The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how
a person may verify coverage and report lack of coverage.
I.The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
1)provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
2)provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the project, for the duration of the project;
3)provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
4)obtain from each other person with whom it contracts, and provide to the contractor:
a)certificate of coverage, prior to the other person beginning work on the
project; and
b)a new certificate of coverage showing extension of coverage, prior to the end
of the coverage period, if the coverage period shown on the current certificate
of coverage ends during the duration of the project;
5)retain all required certificates of coverage on file for the duration of the project and
for one year thereafter;
6)notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the
project; and
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7)contractually require each person with whom it contracts, to perform as required by
paragraphs (1) - (7), with the certificates of coverage to be provided to the person
for whom they are providing services.
J.By signing this contract or providing or causing to be provided a certificate of coverage,
the contractor is representing to the governmental entity that all employees of the
contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a self-
insured, with the commission's Division of Self-Insurance Regulation. Providing false
or misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K.
by the contractor which entitles the governmental entity to declare the contract void if
the contractor does not remedy the breach within ten days after receipt of notice of
breach from the governmental entity.
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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
Consultant submits a disclosure of interested parties (Form 1295) to the City at the time the
Consultant submits the signed contract. The Texas Ethics Commission has adopted rules requiring
the business entity to file Form 1295 electronically with the Commission.
Consultant will be required to furnish an original notarized Certificate of Interest Parties
before the contract is awarded, in accordance with Government Code 2252.908.
The Consultant 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 signature page.
5.Sign and notarize the Form 1295
6.Email the notarized form to purchasing@cityofdenton.com with the contract number in the
subject line. (EX: Contract 1234 Form 1295)
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
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EXHIBIT A
RFQ # 6424
Scope of Work and Services
SECTOR 1 SOUTH NEIGHBORHOODS SMALL AREA PLAN AND
IMPLEMENTATION STRATEGY
GOAL
The goal of the planning process is the development of a comprehensive small area plan and
an implementation action plan that is prioritized and sequenced for the greatest effectiveness.
The objectives of the planning process include:
To establish development standards that will provide appropriate transitions in scale, use,
character and intensity between the established neighborhoods and the UNT campus
To develop design standards for the street network that will enhance the public realm and
pedestrian, bicycle, transit and vehicular circulation and connectivity
To develop an urban design strategy to enhance the visual and physical connections
between the established neighborhoods and the UNT campus
To establish development standards and strategies to buffer and enhance the Oak Hickory
and West Oak Historic Districts
To develop design standards for parking structures and lots, and make recommendations
for a parking solution that meets demand while maintaining the property values and
character of the established neighborhoods that surround the UNT campus
SCOPE OF SERVICES
The Scope of Services summarizes the services and deliverables required to complete the
project. The scope of the project involves five phases of work as follows:
Phase 1: Inventory and Database Development
Phase 2: Community Assessment/Analyses
Phase 3: Visioning Process and Development of Alternative Land Use Plans (Scenarios)
Phase 4: Development of Sector 1 South Neighborhoods Small Area Plan and Implementation
Strategy
Phase 5: Ongoing Communication and Involvement
Phase 1 Inventory and Database Development
A. Project Kick-off
1. The project team will hold a kick off meeting, including all disciplines on the team and
City Staff, to discuss goals of the project, process, and public/ stakeholder involvement
to ensure mutual understanding of the scope. This meeting will also assist in outlining
any hot points that may need special attention or consideration to ensure a smooth and
effective process. One person from each firm will attend, schedules permitting.
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EXHIBIT A
RFQ # 6424
Scope of Work and Services
2. The consultant team and staff will discuss data sources for initial base mapping, GIS
analysis, and data analysis, ensuring that that the team has access to all available
information and relevant background sources. The consultant team and staff will also
review the project schedule and establish regular calls/progress meetings to establish
strong team communication.
3. As an option, members of the team may attend a project area tour with staff to have first-
hand detailed discussions of the site.
4. Development of a public outreach plan.
5. Conduct up to 10 interviews with staff and stakeholders. May include Technical or
Steering Committee members, other staff or city leadership, and community
stakeholders. Interviews may consist of one person, or groups of people.
B. Database Development
1. Review existing plans, including Denton Plan 2030, Planning Town-Gown Relations: An
Ethnographic Study of Denton University Neighborhood District; City of Denton 2015
Mobility Plan, Update to Pedestrian and Bicycle Linkage Component of Denton Mobility
Plan, UNT 2013 Campus Master Plan Update, UNT Transportation Plan, and
Environmental Assessment of IH-35E.
2. Assemble existing GIS data from the City in order to update/create the following data
layers: land use, street network, street conditions, street widths, traffic counts, sidewalk
network, sidewalk conditions, bicycle facilities, transit lines, transit amenities, zoning,
housing conditions, real estate market trends, existing and planned private and public
construction projects, and environmental analyses.
3. Review data, identify gaps and areas that need updating, and focus data collection on
those areas.
4. Prepare demographic and economic profiles, including population projections and trends
of socio-economic variables.
5. Survey existing and planned public facilities and services to determine whether capacity
problems exist and expansion is needed to accommodate growth. The following public
facilities, utilities and services should be inventoried: transportation facilities, water
service, sanitary sewers, storm drainage, parks and recreational facilities, police service,
and fire protection.
Phase 1 deliverables
Kickoff meeting
Summary report of background information, including the delineation of key issues and
land use objectives that are derived from review of past plans and meetings with City staff.
Community outreach plan for key stakeholder members. A series of public meetings shall
be held to engage the community in the planning process. The plan should include
community-wide workshops and on-line engagement tools. Meetings with technical
advisory committee
Interviews
Phase 2 Community Assessment/Analyses
Complete a comprehensive investigation into key issues associated with land use,
transportation, urban design, parking facilities, housing, policies and regulations, and financial
resources. Record collected geographic data within a geodatabase containing GIS feature
classes.
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EXHIBIT A
RFQ # 6424
Scope of Work and Services
A. Existing Land Use Analysis
Complete assessment and parcel-by-parcel inventory of properties. Evaluate the following
data categories: existing land use; ownership; parcel size; vacant land; building and property
condition; adjacent use impacts; recent development trends; building height; building area;
and residential density.
B. Demographic and psychographic analysis
The team will collect demographic and socioeconomic data, including psychographics, and
projections for the area.
C. Urban Design Site Analysis
Determine the conditions that contribute to or detract from the appearance and
environmental quality of the study area, and determine means by which adverse visual
conditions can be eliminated or reduced. Include built and environmental analysis of site.
D. Transportation, Public Realm and Parking Analysis
1. Planning level assessment of pavement conditions throughout the study area.
2. Evaluate the functional classification of streets and street design standards in the City of
Denton Mobility Plan. Determine the ability of street design standards to incorporate
context sensitive solutions that enhance the public realm and improve mobility of all
users.
3. Indicate sidewalk gaps using existing GIS database combined with field observations.
4. Coordinate with DCTA to obtain transit routes, including frequency of service, ridership,
and transit amenities to provide overall transit observations.
5. Evaluate bike route quality indicators and pedestrian connections utilizing
EnvisionMobility throughout study area.
6. Public Realm (IH-35E, Arterial and Collector Streets). Conduct planning level
observations associated with intersection treatments, pedestrian facilities, on street
parking including (signage, street lights, and landscape condition).
7. Parking Facilities. Assess existing parking conditions in areas outside the boundaries of
the UNT campus. Assessment will include public parking lots, private parking lots, and
private and public on-street parking. Inventory existing parking using aerial photography
and GIS, followed up with field checking parking lots and structures.
E. Housing Analysis
1. Analyze existing housing types and locations.
2. Conduct an analysis of the City of Denton Development Code, and other city regulations
to monitor the conversion of single family dwellings to rental properties. Evaluate design
standards pertinent to the conversion of single family dwellings to rental properties.
Evaluate effectiveness of regulations pertaining to the maintenance of converted rental
properties.
F. Policy Analysis
1. Identify design standards that address the following: vehicular and pedestrian circulation;
building and site signage; landscaping; parking; lighting; public open spaces; building
envelopes for development parcels including height, bulk, massing, setbacks and
architectural character.
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EXHIBIT A
RFQ # 6424
Scope of Work and Services
2. Assess current regulations, including the City of Denton Development Code, to
determine its effectiveness to guide development in a manner beneficial to the study
area. Determine what changes should be considered in regulatory provisions and
procedures.
3. .
G. Financial Resources
1. Using Envision Tomorrow, assess the financial feasibility and fiscal implications of
development alternatives in the Sector 1 South Neighborhoods Small Area Plan.
2. List the advantages and disadvantages of various financial resources for financing public
improvements. Identify the most appropriate use for each resource or technique.
H. Envision tomorrow modelling and scenario development; workshop and open house
1. Use the Envision Tomorrow suite of planning tools that includes a return on investment
(ROI) model and scenario builder tool for ArcGIS to model development feasibility for the
study area as well as create and evaluate four land use scenarios.
2. Host a public workshop grounded in the data, market, and site analysis to obtain input
on potential scenarios and identify priorities and opportunities that any future
development scenario must address. The translation of this input will result in a set of
guiding principles and an organizing framework for future development.
3. Host an open house to review draft scenarios and potential implementation strategies.
Phase 2 Deliverables:
Community Assessment/Analyses Report summarizing the findings and analyses in Phase
2, including an evaluation of existing conditions, trends, and projections of future
conditions. Identify major issues associated with land use and transportation that need to
be addressed through the planning process. Define goals, objectives and policy guidelines
for land use that will be used for the evaluation of the land use alternatives.
Public workshop
Open House
Phase 3 Visioning Process & Development of Alternative Land Use Plans (Scenarios)
A. Vision Statement and Guiding Principles
1. Conduct a Strengths, Weaknesses, Opportunities and Threats, (SWOT) Analysis to be
used as a planning tool to establish a vision and goals opportunities and issues a for
the area.
2. Develop preliminary guiding principles based on SWOT, Technical Committee and
Steering Committee input and interviews.
B. Land Use Scenarios
1. Prepare development concepts, plans and maps illustrating three alternative land use
proposals for the planning study area. The alternatives will address: varying land use
mixes and intensities, alternative local circulation, public realm improvements, urban
design choices and implementation prospects.
2. Evaluate land use plan alternatives considering the following: impacts on established
neighborhoods, economic and market feasibility, sustainability, community character,
fiscal consequences, impacts on public services and facilities, and implementation
feasibility.
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EXHIBIT A
RFQ # 6424
Scope of Work and Services
3. Report indicators to use in evaluating impacts and issues of the alternative scenarios.
The impacts and issues associated with each land use alternative proposal will be
prioritized for the purpose of determining a preferred plan.
C. Transportation and Infrastructure
1. Assess transportation system performance regarding, efficiency, quality of access,
context for autos, transit, and non-motorized transportation options, as well as
opportunities to use TSM/TDM and shared land use planning techniques to reduce trip
generation and improve modal split.
2. Identify opportunities for improvement or expansion for which the development potential
would be constrained by public facilities and services at currently planned levels.
3. Make preliminary recommendations on roadway design, streetscape enhancements and
zoning for major roadways in study area.
D. Public Realm Recommendations
1. Using Envision Tomorrow, provide indicators for utilities to determine whether potential
capacity problems exist and improvements are needed. Coordinate with Ci
works department.
2. Determine location of potential gateways for key intersections along corridors to
enhance appearance and create community identity.
3. Provide recommendations for roadway design and streetscape enhancements, including
pedestrian circulation system improvements; parking improvements; landscape planting;
public open space; transit; bicycle amenities; street furniture; traffic and informational
signage; and street and pedestrian lighting.
E. Existing parking conditions, innovative design and parking options
1. Provide innovative design standards for parking structures and lots, and determine their
ability to mitigate negative visual impacts to residential properties and streetscapes.
2. Utilizing Envision Tomorrow, assess neighborhood parking demands.
3. Develop options for a residential parking program to help increase on-street parking for
neighborhood residents.
F. Housing assessment and development opportunities and strategies
1. Determine the type of housing needed, (e.g., new housing, affordable housing, student
housing, workforce, seniors mixed income, lease purchase, etc.)
2. Identify existing housing stock (including housing in historic districts and established
neighborhoods) that should be protected, and indicate appropriate locations for new
housing.
G. Community Design
1. Develop guidelines for urban design regarding: mitigation of adverse impacts of potential
development on surrounding historic and traditional single-family neighborhoods;
opportunities for public or private investments to improve the urban design of existing
neighborhoods; public art; etc.
2. Propose an urban design strategy suited to long-term development, including
recommendations for streetscape, neighborhood preservation, open space,
infrastructure standards and commercial facilities.
3. Determine zoning code changes to promote mixed-use, pedestrian friendly
development.
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EXHIBIT A
RFQ # 6424
Scope of Work and Services
H. Visualizing the Plan
1. Provide visualizationsmaps, illustrations, and character imagesto guide stakeholder
discussion and to fully illustrate the type and character of development recommended
under proposed plan objectives so the community and City can make informed decisions
regarding whether the plan recommendations will achieve desired results.
2. Provide two 3D visualizations illustrating potential change in key catalyst areas.
Phase 3 Deliverables: Alternative Analyses Report
Develop Alternative Analyses Report that describes the alternative plans, including
maps, graphics, and GIS data of a minimum of three alternative future land use
scenarios developed and analyzed in Phase 3.
Each alternative plan will include an analysis of desirable and feasible patterns of land
use.
Preferred scenario and land use plan
Draft recommendations for:
o Parking
o Housing
o Urban Design Guidelines
Two visualizations illustrating recommended scenario
Phase 4 Comprehensive Small Area Plan and Implementation Strategy
A. Draft Sector 1 South Neighborhoods Small Area Plan
1. Synthesize the results of the analyses to prepare the Sector 1 South Neighborhoods
Small Area Plan.
2. The small area plan will include the description of the recommended land use alternative
and an action plan for its implementation.
3. The land use plan will include sections on the following: a) statement of goals and
objectives; b) existing conditions; c) description and summary of analyses; d) analysis of
alternative land use proposals; e) recommended land use alternative; f) detailed
implementation strategies; and g) description of public participation and feedback
involved in the planning process.
B. Implementation Strategy
Develop the implementation strategy to carry out the land use and development
recommendations for the preferred land use alternative. The implementation strategies will
include the following:
1. Prepare a cost breakdown of proposed improvements and an overall improvement plan
identifying needed capital improvements and assigning them priority.
2. Determine the budget strategies necessary to initiate the plan.
3. Develop a financing program establishing procedures for funding public sector
improvements and attracting and assisting private projects when necessary.
4. Identify federal and state funding sources that can be used to implement the
recommended improvements.
5. Recommend ordinances, policies and design standards that will assist the
implementation of the Sector 1 South Neighborhoods Small Area Plan.
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EXHIBIT A
RFQ # 6424
Scope of Work and Services
6. Recommend incentives, regulations and use of zoning, subdivision, site planning or
other tools to implement the urban design strategy.
7. Recommend regulatory procedures and provisions necessary to secure compliance with
plan objectives and program specifications.
8. Recommend alternate approaches for encouraging quality design and layout of
neighborhoods and commercial development.
9. Develop strategies for use of public improvements and private property guidelines to
create a visual identify for special project sites.
10. Identify short-term projects that are capable of having early positive impact on study
area.
11. Recommend a development phasing plan.
C. Staff and Steering Committee Review and Updated Draft Plan
1. Incorporate staff and Steering Committee review into the Sector 1 South Neighborhoods
Small Area Plan.
2. Facilitate review; log comments and incorporate changes.
3. Prepare public review draft for public input.
D. Review Draft Products
Hold public open house to gain feedback of on draft plan. Everyone who has been involved
in the plan and who has attended public meetings, signed up on the website, social media,
etc, will be invited to attend the open house. Typically, we run it for about 3 hours, with a
presentation at the beginning and another presentation mid-meeting. We have numerous
posters showing the preferred scenario and land use plan, recommendations, and other
graphics. We obtain feedback during the presentations using keypad polling and we also
obtain feedback through comment cards, sticky notes, etc. A postcard/handout with a link to
the plan for downloading will be provided so participants can download the entire plan.
E. Final Plan
1. Prepare final plan.
2. Within one week of City Council approval, complete final Sector 1 South Neighborhoods
Small Area Plan. Provide digital files of the entire document, including graphics, and two
hardcopies of the entire document, including graphics to the City of Denton.
3. Develop 4-page summary version of the report, with program highlights and key
recommendations, for general community distribution. Provide digital files of the entire
document, including graphics, and two hardcopies of the entire document, including
graphics to the City of Denton.
4. Submit all GIS files illustrating the final plan as geodatabases to the City of Denton.
F. Hearing and Adoption
1. Attend Planning Commission work session and public hearing (2 meetings)
2. Attend City Council work session and public hearing (2 meetings)
Phase 4 Deliverables:
Draft Sector 1 South Neighborhoods Small Area Plan and Implementation Strategy
Final Sector 1 South Neighborhoods Small Area Plan and Implementation Strategy
All files delivered to city
Attend briefings and hearings
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EXHIBIT A
RFQ # 6424
Scope of Work and Services
Phase 5: Ongoing: Communications and Involvement
A. Weekly or bi-weekly team calls with client
The consultant team will have regular weekly or every two week calls with the client to
review project, schedule, and upcoming tasks and events.
B. Steering Committee and Technical Committee meetings
1. Members of the consultant team will attend up to six Steering Committee meetings
throughout the project. These meetings begin at the initiation of the project and are
spaced throughout the project on a monthly or every-other month schedule.
2. Meet with Technical Advisory Committee, comprised of staff from various departments,
and obtain input regarding the policy context of the project. Conduct up to 5 meetings
with Technical Advisory Committee. These meetings will either be group meetings or
individually, depending on the information needed to be obtained or reviewed. They will
be held throughout the project as needed to address specific issues and to keep the
group up to date, as desired by the city project manager. The first meeting will be at the
project kick off.
C. Website materials/ social media materials
Consultant team will produce materials for the webpage. Throughout the
project, the team will regularly provide information to staff to update the website. Materials
will include preparing the following materials for posting on the web:
Project updates and meeting schedules.
Graphic meeting notices.
Presentations made at Steering Committee and public meetings.
Survey information
Relevant reports and other project information.
D. Outreach materials
The consultant team will create outreach materials for the public meetings. These will be
provided to the city for printing and distribution.
Materials include outreach materials such as:
Flyers for printing and distribution
Postcards for mailing or leaving at local businesses and apartments
Web ready notices
Graphic Email blasts
Media summaries; Press releases or advisories
City Responsibilities:
1. Coordinate and set up technical advisory meetings
2. Provide background documents, GIS and other materials
3. Schedule, coordinate meeting space, refreshments, facility fees and logistics for
Technical Committee, Steering Committee and public meetings
4. Print posters, flyers, materials for Steering Committee and public meetings
5. Provide outreach for all public meetings flyers, mailings, email blasts, presentations to
interest groups, etc.
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EXHIBIT A
RFQ # 6424
Scope of Work and Services
6. Create and manage webpage
7. Review submittals in a timely manner
Meeting Detail:
1. Kickoff meeting (within 4 weeks of signing contract)
2. Interviews (month 1 and 2 of project)
3. Five TAC meetings (first at time of kick off meeting, then scheduled every other month,
or as needed)
4. Six Steering Committee Meetings (first meeting scheduled in month 2 of project, then
scheduled every month to every-other month. Usually we do not schedule Steering
Committee meetings in the months we have workshops and open houses.)
5. Workshop (six weeks to three months into the project)
6. Two Open Houses (first open house one month to six weeks after the workshop and
second open house after public review draft is complete.)
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DocuSign Envelope ID: 0A9F00E8-9958-4B35-9E8F-B82E06D935E3
EXHIBIT B
Fregonese Associates
Sector One Small Area Plan/Implementation Services for City of Denton
Sector One Small Area Plan/ Implementation
Services for City of Denton - Fee Schedule
$ 7,000$ 3,000$ 3,000$ 3,584$16,584
Phase 1: Inventory and Database Development
$ 3,000$ 1,800$ 1,800$ 1,536$8,136
A. Project Kick-off
$ 4,000$ 1,200$ 1,200$ 2,048$8,448
B. D atabase Development
$ - $ -$ -$ -$0
$ 32,250$ 9,600$ 7,800$ 12,288$61,938
Phase 2: Community Assessment/Analyses
$ 3,000$ 2,400$ 1,800$ 1,024$8,224
A. E xisting Land Use Analysis
$ 3,000$ 600 $ 600 $ -$4,200
B. D emographic and psychographic analysis
$ 1,000$ 600 $ 2,400$ -$4,000
C. Urban Design Site Analysis
$ 2,000$ 600 $ -$ 9,216$11,816
D. Transportation, Public Realm and Parking Analysis
$ 3,750$ 1,200$ -$ -$4,950
E. Housing Analysis
$ 1,500$ 1,200$ 600 $ 1,024$4,324
F. Policy Analysis
$ 3,000$ 600 $ -$ -$3,600
G. Financial Resources
H. Envision tomorrow modelling and scenario development;
$ 15,000$ 2,400$ 2,400$ 1,024$20,824
workshop and open house
Phase 3: Visioning Process and Development of Alternative
$ 27,000$ 9,000$ 9,600$ 18,944$64,544
Land Use Plans (Scenarios)
$ 3,000$ 2,400$ 1,200$ -$6,600
A. V ision Statement and Guiding Principles
$ 7,250$ 2,400$ 1,200$ -$10,850
B. L and Use Scenarios
$ 3,000$ 600 $ -$ 5,120$8,720
C. Transportation and infrastructure
$ 1,000$ -$ 1,200$ 4,608$6,808
D. Public realm recommendations
E. Existing parking conditions, innovative design and parking
$ 2,000$ -$ 9,216$11,216
options
F. Housing assessment, development opportunities and strategies
$ 3,750$ 3,000$ 1,200$ -$7,950
$ 3,000$ 600 $ 2,400$ -$6,000
G. Community Design
$ 4,000$ -$ 2,400$ -$6,400
H. V isualizing the Plan
Phase 4: Comprehensive Small Area Plan and Implementation
$ 32,750$ 13,950$ 5,700$ 4,096$56,496
Strategy
A. Draft Sector 1 South Neighborhoods Small Area Plan
$ 10,750$ 4,500$ 3,000$ -$18,250
$ 7,500$ 3,600$ 1,200$ 3,072$15,372
B. I m plementation Strategy
C. Staff and Steering Committee Review and Updated Draft Plan
$ 5,000$ 2,250$ 300 $ -$7,550
$ 3,000$ 1,200$ 1,200$ -$5,400
D. R eview Draft Products
$ 4,500$ 1,200$ -$ -$5,700
E. Final plan
F. H earings and Adoption
$ 2,000$ 1,200$ -$ 1,024$4,224
$ 9,250$ 8,400$ 5,700$ 3,840$27,190
Ongoing: Communications and Involvement
$ 2,250$ 2,700$ 2,100$ 1,792$8,842
A. Weekly or bi-weekly team calls with client
$ 5,000$ 4,500$ 3,600$ 2,048$15,148
B. Steering and Technical Committee meetings
$ 1,000$ 600 $ -$ -$1,600
C. Website materials/social media materials
$ 1,000$ 600 $ -$ -$1,600
D. Outreach materials
$ 108,250$ 43,950$ 31,800$ 42,752 226,752
Subtotal
$ 11,250$ 750 $ 500 $12,500
Travel (12 person trips), Expenses, Printing and Supplies
$119,500$44,700$31,800$43,252$239,252
Total
Travel, Expenses, Printing and Supplies Detail
8 trips (12 person-trips) at $750 each$9,000
Printing of maps and other materials; workshop supplies; open
$2,250$750$500
house supplies, misc. expenses
$11,250$750$0$500
TOTAL$12,500
10-Jul-17
DocuSign Envelope ID: 0A9F00E8-9958-4B35-9E8F-B82E06D935E3
Exhibit
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.
Name of vendor who has a business relationship with local governmental entity.
1
2
Check this box if you are filing an update to a previously filed questionnaire.
th
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7 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
Certificate Of Completion
Envelope Id: 0A9F00E899584B359E8FB82E06D935E3Status: Completed
Subject: Please DocuSign: City Council Contract 6424
Source Envelope:
Document Pages: 30Signatures: 5Envelope Originator:
Supplemental Document Pages: 0Initials: 0Cindy Alonzo
Certificate Pages: 9
AutoNav: EnabledPayments: 0Cynthia.Alonzo@cityofdenton.com
EnvelopeId Stamping: EnabledIP Address: 129.120.6.150
Time Zone: (UTC-08:00) Pacific Time (US &
Canada)
Record Tracking
Status: OriginalHolder: Cindy AlonzoLocation: DocuSign
7/17/2017 8:38:35 AM Cynthia.Alonzo@cityofdenton.com
Signer EventsSignatureTimestamp
Cindy AlonzoSent: 7/17/2017 8:55:39 AM
Completed
cynthia.alonzo@cityofdenton.comViewed: 7/17/2017 8:55:49 AM
BuyerSigned: 7/17/2017 8:57:43 AM
Using IP Address: 129.120.6.150
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Fregonese Associates | John FregoneseSent: 7/17/2017 8:57:45 AM
john@frego.comViewed: 7/17/2017 9:24:06 AM
XSigned: 7/17/2017 9:32:03 AM
Security Level: Email, Account Authentication
Using IP Address: 173.8.201.241
(Optional)
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted: 7/17/2017 9:24:06 AM
ID: 8562acd8-77bd-4148-b79f-bf303ee53ae0
Jennifer DeCurtisSent: 7/17/2017 9:32:08 AM
jennifer.decurtis@cityofdenton.comViewed: 7/17/2017 9:46:58 AM
Deputy City AttorneySigned: 7/17/2017 9:47:05 AM
City of Denton
Using IP Address: 129.120.6.150
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Julia WinkleySent: 7/17/2017 9:47:07 AM
Completed
julia.winkley@cityofdenton.comViewed: 7/17/2017 10:24:03 AM
Contracts Administration SupervisorSigned: 8/2/2017 7:38:52 AM
Using IP Address: 129.120.6.150
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer EventsSignatureTimestamp
Todd HilemanSent: 8/2/2017 7:38:57 AM
Todd.Hileman@cityofdenton.comViewed: 8/2/2017 8:49:56 AM
City ManagerSigned: 8/2/2017 8:50:04 AM
City of Denton
Using IP Address: 129.120.6.150
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Accepted: 7/25/2017 9:02:14 AM
ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21
Jennifer WaltersSent: 8/2/2017 8:50:06 AM
jennifer.walters@cityofdenton.comViewed: 8/6/2017 12:27:27 PM
City SecretarySigned: 8/6/2017 12:28:16 PM
City of Denton
Using IP Address: 129.120.6.150
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer EventsSignatureTimestamp
Editor Delivery EventsStatusTimestamp
Agent Delivery EventsStatusTimestamp
Intermediary Delivery EventsStatusTimestamp
Certified Delivery EventsStatusTimestamp
Carbon Copy EventsStatusTimestamp
Sherri ThurmanSent: 7/17/2017 9:32:05 AM
sherri.thurman@cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Julia WinkleySent: 7/17/2017 9:32:07 AM
julia.winkley@cityofdenton.com
Contracts Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane RichardsonSent: 8/2/2017 7:38:54 AM
jane.richardson@cityofdenton.com
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Robin FoxSent: 8/2/2017 7:38:55 AM
Robin.fox@cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Carbon Copy EventsStatusTimestamp
Not Offered via DocuSign
Jennifer BridgesSent: 8/6/2017 12:28:19 PM
jennifer.bridges@cityofdenton.comViewed: 8/16/2017 12:53:50 PM
Procurement Assistant
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane RichardsonSent: 8/6/2017 12:28:20 PM
jane.richardson@cityofdenton.comViewed: 8/29/2017 8:02:23 AM
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Ron MenguitaSent: 8/6/2017 12:28:21 PM
Ron.Menguita@cityofdenton.comViewed: 8/7/2017 2:35:53 PM
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Notary EventsSignatureTimestamp
Envelope Summary EventsStatusTimestamps
Envelope SentHashed/Encrypted8/6/2017 12:28:21 PM
Certified DeliveredSecurity Checked8/6/2017 12:28:21 PM
Signing CompleteSecurity Checked8/6/2017 12:28:21 PM
CompletedSecurity Checked8/6/2017 12:28:21 PM
Payment EventsStatusTimestamps
Electronic Record and Signature Disclosure
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If you decide to receive notices and disclosures from us electronically, you may at any time
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speed at which we can complete certain steps in transactions with you and delivering services to
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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.
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: kevin.gunn@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 kevin.gunn@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..
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To request paper copies from City of Denton
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by us to you electronically, you must send us an e-mail to kevin.gunn@cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
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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:
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page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to kevin.gunn@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
e-mail this disclosure and consent to an address where you will be able to print on paper or
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
I can print on paper the disclosure or save or send the disclosure to a place where I can
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.
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.
(DocuSign) Express user account. Please read the information below carefully and thoroughly,
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
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
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.
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
e-mail this disclosure and consent to an address where you will be able to print on paper or
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
I can print on paper the disclosure or save or send the disclosure to a place where I can
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.