19-1016FILE REFERENCE FORM 1 19-1016
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S)
First Amendment to Agreement - Ordinance No. 20-682
Date Initials
3/31/20
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,
SECTION 1. The City Manager is authorized to enter into a professional service contract
with Walter P. Moore & Associates, Inc., to provide professional engineering services for the
Mobility 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.
The City Council of the City of Denton, Texas expressly delegates the
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of Denton, or his designee.
SECTION 4. The findings in the preamble of this ordinance are incorporated herein by
reference.
SEQ.T.I.O..N.......5..., This ordinance shall become effective immediately upon its passage and
approval.
The motion to ipprt�vc this ordinance was made b and
y
seconded by the ordinance was passed and approved by the
I- - — - ----------------------------------- - - - ------
following vote -01:
Aye Nay Abstain Absent
Mayor Chris Watts:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Don Duff, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the
ATTEST:
ROSA RIOS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM.
AARON LEAL, CITY ATTORNEY
BY: w..
S...... day of
mm
A"C"I"S, MAYOR
_—......
2019.
DocuSign Envelope ID: 99D65EEC-7DDA-44F6-8634-CF92D4E3EC79
Docusign City Council Transmittal Coversheet
RFP
6999
File Name
Mobility Plan
Purchasing Contact
Jamie cogdell
City Council Target Date
May 7, 2019
Piggy Back Option
Not Applicable
Contract Expiration
NSA
Ordinance
19-1016
DS
D
DocuSign Envelope ID: 99D65EEC-7DDA-44F6-8634-CF92D4E3EC79
CITY OF DENTON, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
FILE 6999
This AGREEMENT is between the City of Denton, a Texas home -rule municipality
("CITY'), and Walter P. Moore & Associates, Inc., with its corporate office at 1999 Bryan
Street, Ste. 900, Dallas, Texas 75201 and authorized to do business in Texas,
("ENGINEER"), for a PROJECT generally described as: Mobility Plan for the City of
Denton (the "PROJECT").
SECTION 1
Scope of Services
A. The CITY hereby agrees to retain the ENGINEER, and the ENGINEER hereby agrees
to perform, professional engineering services set forth in the Scope of Services
attached hereto as Attachment A. These services shall be performed in connection
with the PROJECT.
B. Additional services, if any, will be requested in writing by the CITY. CITY shall not
pay for any work performed by ENGINEER or its consultants, subcontractors and/or
suppliers that has not been ordered in advance and in writing. It is specifically
agreed that ENGINEER shall not be compensated for any additional work resulting
from oral orders of any person.
SECTION 2
Compensation and Term of Agreement
A. The ENGINEER shall be compensated for all services provided pursuant to this
AGREEMENT in an amount not to exceed $537,300 in the manner and in accordance
with the fee schedule as set forth in Attachment A. Payment shall be considered full
compensation for all labor, materials, supplies, and equipment necessary to
complete the services described in Attachment A.
B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall
be for a term beginning upon the effective date, as described below, and shall continue
for a period which may reasonably be required for the completion of the PROJECT,
until the expiration of the funds, or completion of the PROJECT and acceptance by the
CITY, whichever occurs first. ENGINEER shall proceed diligently with the PROJECT to
completion as described in the PROJECT schedule as set forth in Attachment B.
SECTION 3
Terms of Payment
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
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Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but not
limited to meeting the requirements set forth in the PROJECT schedule as set
forth in RFQ 6999 submitted proposal to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices for the uncontested performance of the particular
services are due and payable within 30 days of receipt by City.
(3) Upon completion of services enumerated in Section 1, the final payment of any
balance for the uncontested performance of the services will be due within 30
days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested will
be withheld from payment, and the undisputed portion will be paid. The CITY
will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested in
good faith within 60 days of the amount due, the ENGINEER may, after giving 7
days' written notice to CITY, suspend services under this AGREEMENT until
paid in full. In the event of suspension of services, the ENGINEER shall have
no liability to CITY for delays or damages caused the CITY because of such
suspension of services.
SECTION 4
Obligations of the Engineer
A. General
The ENGINEER will serve as the CITY's professional engineering representative under
this AGREEMENT, providing professional engineering consultation and advice and
furnishing customary services incidental thereto.
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent engineers
practicing in the same or similar locality and under the same or similar
circumstances and professional license; and
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
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(2) as expeditiously as is prudent considering the ordinary professional skill and
care of a competent engineer.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work to be
performed hereunder. The ENGINEER shall also advise the CITY concerning
the results of same. Such surveys, tests, and investigations shall be furnished
by the CITY, unless otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points and
sample intervals and at locations other than where observations, exploration,
and investigations have been made. Because of the inherent uncertainties in
subsurface evaluations, changed or unanticipated underground conditions may
occur that could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of the
ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by
CITY, which shall become the property of the CITY. CITY may use such drawings in any
manner it desires; provided, however, that the ENGINEER shall not be liable for the use of
such drawings for any project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on -site representatives or otherwise, do not make the ENGINEER or
its personnel in any way responsible for those duties that belong to the CITY
and/or the CITY's construction contractors or other entities, and do not relieve
the construction contractors or any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction methods, means,
techniques, sequences, and procedures necessary for coordinating and
completing all portions of the construction work in accordance with the
AGREEMENT Documents and any health or safety precautions required by
such construction work. The ENGINEER and its personnel have no authority to
exercise any control over any construction contractor or other entity or their
employees in connection with their work or any health or safety precautions.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
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(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general, if
the work on the PROJECT is being performed in a manner indicating that the
PROJECT, when completed, will be in accordance with the AGREEMENT
Documents, nor shall anything in the AGREEMENT Documents or this
AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on -site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the work
on the PROJECT. If the ENGINEER makes on -site observation(s) of a
deviation from the AGREEMENT Documents, the ENGINEER shall inform the
CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth in
the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the AGREEMENT Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the current
available information at the time of preparation, in accordance with
Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility projections,
and schedules for the PROJECT, the ENGINEER has no control over cost or
price of labor and materials; unknown or latent conditions of existing equipment
or structures that may affect operation or maintenance costs; competitive
bidding procedures and market conditions; time or quality of performance by
third parties; quality, type, management, or direction of operating personnel; and
other economic and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty
that the CITY's actual PROJECT costs, financial aspects, economic feasibility,
or schedules will not vary from the ENGINEER's opinions, analyses, projections,
or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction progress
payments to the construction contractor will be based on the ENGINEER's knowledge,
information, and belief from selective sampling and observation that the work has
progressed to the point indicated. Such recommendations do not represent that
continuous or detailed examinations have been made by the ENGINEER to ascertain that
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
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the construction contractor has completed the work in exact accordance with the
AGREEMENT Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose the
construction contractor has used the moneys paid; that title to any of the work, materials,
or equipment has passed to the CITY free and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at issue between the CITY and the
construction contractor that affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information compiled
and furnished by others, and may not always represent the exact location, type of various
components, or exact manner in which the PROJECT was finally constructed. The
ENGINEER is not responsible for any errors or omissions in the information from others
that is incorporated into the record drawings.
I. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after
final payment under this AGREEMENT, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this AGREEMENT.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable advance
notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such subconsultant,
involving transactions to the subcontract, and further, that the CITY shall have
access during normal working hours to all subconsultant facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in
compliance with the provisions of this section together with subsection (3)
hereof. CITY shall give subconsultant reasonable advance notice of intended
audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may be
requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost
of copies at the rate published in the Texas Administrative Code in effect as of
the time copying is performed.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
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J. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability — the ENGINEER shall maintain
commercial general liability (CGL) and, if necessary, commercial
umbrella insurance with a limit of not less than $1,000,000.00 per each
occurrence with a $2,000,000.00 aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall apply
separately to this PROJECT or location.
The CITY shall be included as an additional insured with all rights
of defense under the CGL, using ISO additional insured
endorsement or a substitute providing equivalent coverage, and
under the commercial umbrella, if any. This insurance shall apply
as primary insurance with respect to any other insurance or self-
insurance programs afforded to the CITY. The Commercial
General Liability insurance policy shall have no exclusions or
endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, personal injury, or
advertising injury, which are normally contained within the policy,
unless the CITY specifically approves such exclusions in writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this AGREEMENT.
b. Business Auto — the ENGINEER shall maintain business auto liability
and, if necessary, commercial umbrella liability insurance with a limit of
not less than $1,000,000 each accident. Such insurance shall cover
liability arising out of "any auto", including owned, hired, and non -owned
autos, when said vehicle is used in the course of the PROJECT. If the
engineer owns no vehicles, coverage for hired or non -owned is
acceptable.
ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this AGREEMENT or under any applicable auto
physical damage coverage.
c. Workers' Compensation — ENGINEER shall maintain workers
City of Denton, Texas
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Revised Date: 9/6/18
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compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this AGREEMENT.
d. Professional Liability — ENGINEER shall maintain professional liability, a
claims -made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of
the AGREEMENT or the first date of services to be performed,
whichever is earlier. Coverage shall be maintained for a period of 5 years
following the completion of the AGREEMENT. An annual certificate of
insurance specifically referencing this PROJECT shall be submitted to
the CITY for each year following completion of the AGREEMENT.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be attached to this AGREEMENT prior to its
execution.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, subject to any defense provided by the policy, as its
interests may appear. The term CITY shall include its employees,
officers, officials, agents, and volunteers as respects the contracted
services.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this AGREEMENT are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to attach the required insurance
documentation hereto shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent
to the respective Department Director (by name), City of Denton, 901
Texas Street, Denton, Texas 76209.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
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f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first -dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims -made basis, shall contain a retroactive date coincident with or
prior to the date of the AGREEMENT. The certificate of insurance shall
state both the retroactive date and that the coverage is claims -made.
k. Coverages, whether written on an occurrence or claims -made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
final payments.
The CITY shall not be responsible for the direct payment of any
insurance premiums required by this AGREEMENT.
m. Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When
sub consultants/subcontractors maintain insurance coverage,
ENGINEER shall provide CITY with documentation thereof on a
certificate of insurance.
K. Independent Consultant
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
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The ENGINEER agrees to perform all services as an independent consultant and not as a
subcontractor, agent, or employee of the CITY. The doctrine of respondent superior
shall not apply.
L. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of
any existing conflicts of interest or potential conflicts of interest, including personal financial
interest, direct or indirect, in property abutting the proposed PROJECT and business
relationships with abutting property cities. The ENGINEER further acknowledges that it will
make disclosure in writing of any conflicts of interest that develop subsequent to the
signing of this AGREEMENT and prior to final payment under the AGREEMENT.
M. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or suspected,
the ENGINEER will stop its own work in the affected portions of the PROJECT
to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
N. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published design
criteria and/or current engineering practice standards which the ENGINEER should have
been aware of at the time this AGREEMENT was executed, the ENGINEER shall revise
plans and specifications, as required, at its own cost and expense. However, if design
changes are required due to the changes in the permitting authorities' published design
criteria and/or practice standards criteria which are published after the date of this
AGREEMENT which the ENGINEER could not have been reasonably aware of, the
ENGINEER shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
O. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule developed and
submitted per RFQ 6999.
P. Equal Opportunity
(1) Equal Employment Opportunity: ENGINEER and ENGINEER's agents
shall engage in any discriminatory employment practice. No person shall, on
the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic
City of Denton, Texas
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testing, or national origin, be refused the benefits of, or be otherwise subjected
to discrimination under any activities resulting from this AGREEMENT.
(2) Americans with Disabilities Act (ADA) Compliance: ENGINEER and
ENGINEER's agents shall not engage in any discriminatory employment
practice against individuals with disabilities as defined in the ADA.
SECTION 5
Obligations of the City
A. City -Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the information
provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services. The CITY will perform, at no cost to the
ENGINEER, such tests of equipment, machinery, pipelines, and other components of the
CITY's facilities as may be required in connection with the ENGINEER's services. The
CITY will be responsible for all acts of the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and
pay for all advertisements for bids; permits and licenses required by local, state, or federal
authorities; and land, easements, rights -of -way, and access necessary for the
ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as the
CITY deems appropriate; and render in writing decisions required by the CITY in a timely
manner in accordance with the PROJECT schedule prepared in accordance with
Attachment B.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY observes or
becomes aware of any development that affects the scope or timing of the ENGINEER's
City of Denton, Texas
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Revised Date: 9/6/18
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services or of any defect in the work of the ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos containing
materials, or conditions, and that ENGINEER had no prior role in the
generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge, release
or escape of hazardous substances, contaminants, or asbestos is a result of
ENGINEER's negligence or if ENGINEER brings such hazardous substance,
contaminant or asbestos onto the PROJECT.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article IV.E.
regarding the ENGINEER's Personnel at Construction Site, and provisions providing for
contractor indemnification of the CITY and the ENGINEER for contractor's negligence.
H. Contractor Claims and Third -Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees, and
subcontractors, for any claim arising out of, in connection with, or
resulting from the engineering services performed. Only the CITY
will be the beneficiary of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third -party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third -party beneficiary rights under this AGREEMENT.
(4) Nothing contained in this Section H. shall be construed as a waiver of any right
the CITY has to bring a claim against ENGINEER.
CITY's Insurance
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
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(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY may secure Builders Risk/Installation insurance at the replacement
cost value of the PROJECT. The CITY may provide ENGINEER a copy of the
policy or documentation of such on a certificate of insurance.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or requested
assistance to support, prepare, document, bring, defend, or assist in litigation undertaken
or defended by the CITY. In the event CITY requests such services of the ENGINEER, this
AGREEMENT shall be amended or a separate agreement will be negotiated between the
parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in this
AGREEMENT. If such changes affect the ENGINEER's cost of or time required for
performance of the services, an equitable adjustment will be made through an amendment
to this AGREEMENT with appropriate CITY approval.
SECTION 6
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a
written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service for this
PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by
the CITY or by others acting through or on behalf of the CITY of any such instruments of
service without the written permission of the ENGINEER will be at the CITY's sole risk.
The CITY shall own the final designs, drawings, specifications and documents.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
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C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by acts of
God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER
that prevent ENGINEER's performance of its obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated:
a. by the City for its convenience upon 30 days' written notice to
ENGINEER.
b. by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days' written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a. Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b. Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
c. The time requirements for the ENGINEER'S personnel to document the
work underway at the time of the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be
made.
F. Indemnification
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 13 of 17
DocuSign Envelope ID: 99D65EEC-7DDA-44F6-8634-CF92D4E3EC79
IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904,
THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST
LIABILITY FOR ANY DAMAGE COMMITTED BY THE ENGINEER OR ENGINEER'S
AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH
THE ENGINEER EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS
CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL
TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS
REASONABLE ATTORNEYS FEES IN PROPORTION TO THE ENGINEER'S
LIABILITY.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior written
consent of the other party.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for any
litigation related to this AGREEMENT shall be Denton County, Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
will not affect any other provision, and this AGREEMENT shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained herein. Sections 55.,
6.13., 6.D., 6.F., 6.H., and 6.1. shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws and
regulations and with all City ordinances and regulations which in any way affect this
AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFY
AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS AND
EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OF
THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION,
WHETHER IT BE BY ITSELF OR ITS EMPLOYEES.
K. Immigration Nationality Act
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 14 of 17
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ENGINEER shall verify the identity and employment eligibility of its employees who
perform work under this AGREEMENT, including completing the Employment Eligibility
Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with
copies of all 1-9 forms and supporting eligibility documentation for each employee who
performs work under this AGREEMENT. ENGINEER shall adhere to all Federal and
State laws as well as establish appropriate procedures and controls so that no services
will be performed by any ENGINEER employee who is not legally eligible to perform
such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS,
AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the
right to immediately terminate this AGREEMENT for violations of this provision by
ENGINEER.
L. Prohibition On Contracts With Companies Boycotting Israel
ENGINEER acknowledges that in accordance with Chapter 2270 of the Texas
Government Code, CITY is prohibited from entering into a contract with a company for
goods or services unless the contract contains a written verification from the company
that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract. The terms "boycott Israel' and "company" shall have the meanings ascribed to
those terms in Section 808.001 of the Texas Government Code. By signing this
AGREEMENT, ENGINEER certifies that ENGINEER'S signature provides written
verification to the CITY that ENGINEER: (1) does not boycott Israel; and (2) will
not boycott Israel during the term of the AGREEMENT. Failure to meet or maintain
the requirements under this provision will be considered a material breach.
M. Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or
a Foreign Terrorist Organization
Section 2252 of the Texas Government Code restricts CITY from contracting with
companies that do business with Iran, Sudan, or a foreign terrorist organization. By
signing this AGREEMENT, ENGINEER certifies that ENGINEER'S signature
provides written verification to the CITY that ENGINEER, pursuant to Chapter
2252, is not ineligible to enter into this AGREEMENT and will not become
ineligible to receive payments under this AGREEMENT by doing business with
Iran, Sudan, or a foreign terrorist organization. Failure to meet or maintain the
requirements under this provision will be considered a material breach.
N. Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908
of the Government Code. The law states that the City may not enter into this contract
unless the Contractor submits a disclosure of interested parties (Form 1295) to the City
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 15 of 17
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at the time the Contractor submits the signed contract. The Texas Ethics Commission
has adopted rules requiring the business entity to file Form 1295 electronically with the
Commission.
Contractor will be required to furnish a Certificate of Interest Parties before the contract
is awarded, in accordance with Government Code 2252.908.
The contractor shall:
1. Log onto the State Ethics Commission Website at:
https://www.ethics.state.tx.us/whatsnew/elf_ info _form1295.htm
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on page 2 of this contract.
5. Complete and sign the Form 1295
6. Email the form to purchasing@cityofdenton.com with the contract number in the
subject line. (EX: Contract 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 Commission's website within seven business days.
O. Agreement Documents
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
same instrument. The following attachments and schedules are hereby made a part of
this AGREEMENT:
Attachment A — Compensation
Attachment B - Scope and Schedule on file with purchasing for RFQ 6999
These documents make up the AGREEMENT documents and what is called for by one
shall be as binding as if called for by all. In the event of an inconsistency or conflict in
any of the provisions of the AGREEMENT documents, the inconsistency or conflict shall
be resolved by giving precedence first to the written AGREEMENT then to the
AGREEMENT documents in the order in which they are listed above.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 16 of 17
DocuSign Envelope ID: 99D65EEC-7DDA-44F6-8634-CF92D4E3EC79
Duly executed by each party's designated representative to be effective on the date
subscribed by the City Manager.
BY:
CITY OF DENTON, TEXAS
-DocuSigned by:
I i t�t"ate
76C711BAOD454...
Ci y anager
Date: 5/8/2019
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
DocuSigned by:
ILUIC76...
City Engineer
Title
Capital Projects
Department
Date Signed:
4/23/2019
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
DocuSigned by:
By: Ma �P.iA�.IwA�
7F9D328BF0204E5...
ATTEST:
CITY SECRETARY
Signed by:
By:
FIZZ
PIZ04
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 17 of 17
BY:
ENGINEER
Walter P. Moore & Associates, Inc.
5 DocuSigned by:
�- SGLL a p Principal
AutEffei26WINgnature, Title
Date: 4/23/2019
1285964
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
DocuSign Envelope ID: 99D65EEC-7DDA-44F6-8634-CF92D4E3EC79
ATTACHMENT A
Il: )Iildng l: sir II
i�' 11111 111 1 IN
Task 1 - Project Management
I
$
20,300
Task 2 - Project Kick-off Meeting
$
8,100
Task 3 - Data Collection*
$
21,300
Task 4 - Plan Development
$
242,300
4.1 Master Thoroughfare Plan / 4.2 Mobility Plan Map
$
87,790
4.3 Bicycle Plan
$
67,980
4.4 Pedestrian Plan
$
55,740
Task 5 - Project Meetings
$
57,000
Mobility Plan Subtotal
$
349,000
Task 6 - Transportation Impact Fee
$
188,300
Total Project Budget
$
537,300
There is an overlap in effort sub -tasks 3.4 and 6.3 with the land use review that is needed for the thoroughfare
plan update and the transportation impact fee. The Task 3 budget does not include fee to complete the Land
Use Review. Task 6 includes the effort to complete the land use review.
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ATTACHMENT B
03 Statement of Qualifications
I:lro. IIIIIIr ah
Walter P Moore has a thorough understanding of the
reporting, invoicing, and stakeholder involvement associated
with projects managed by cities of similar size to Denton.
Our Project Team, has completed a number of projects
similar to this, including the Arlington Thoroughfare
Development Plan, the Frisco Thoroughfare Plan, and the
McKinney Thoroughfare Plan. At the same time we have
completed a number of strategic mobility plans for the cities
of Austin, Dallas, Houston, and San Antonio.
The Walter P Moore project team will provide monthly
progress reports along with each invoice detailing the billing
and services that were provided in the previous month. We
have carefully detailed how our approach will fit within the
time frame of 12 months that has been specified by the
City of Denton. This length of time will allow us to acquire
the appropriate staff and stakeholder feedback, develop
recommendations, and create a detailed implementation
strategy. (See the Project Schedule at the end of the Project
Approach for the proposed detailed schedule.)
At the Project Kick-off Meeting we will establish the most convenient time to schedule a standing bi-weekly conference call
with the project team and City staff. An agenda will be developed before each meeting and we will follow the timeline and
schedule of deliverables as a guide to ensure that the 12 month period is kept.
Kurt Schulte will serve as the Project Principal and will be available throughout the project process to ensure that work is
being completed in a timely manner and with the quality that is expected by the City of Denton staff. He has been working
as a transportation planner for over 25 years and will be able to assist throughout the process to ensure the deliverables
meet the needs of the City of Denton.
Our team will work with the City staff to schedule a kick-off
meeting at the beginning of the project schedule. The
purpose of the meeting will be to review the scope, individual
tasks, and review the data that will be required for the
project. It will be important to dedicate two to three hours for
this meeting to discuss the different elements of the project
in detail.
This meeting will set the stage for the initial efforts to analyze
the components of the mobility plan including the Master
Thoroughfare Plan, Bicycle Plan, the Pedestrian Plan, and an
update to the Transportation Impact Fees. It will be helpful
to have City staff present at this meeting that are directly
involved in using these plans on a daily basis to help direct
the project team on the strengths, issues, and challenges
of each planning policy. It will be helpful to have City staff
present at this meeting that are directly involved in using these plans on a daily basis
project team on the strengths, issues, and challenges of each planning policy.
The kick-off meeting will ensure that our team addresses the priorities of the City
early on in the process.
They will be able to help direct the
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03 Statement of Qualifications
Task 3 - Data Collection
Background Research
Our team will collect available transportation data that has been developed from previous planning and traffic studies in
Denton and the region. It will be important to consolidate this data to understand some of the overlapping trends and
goals for transportation in the City. We will create a comprehensive list of available plans and identify how the plans may or
may not align with each other. For example, a preliminary plat may include a roadway alignment that will not match up with
the roadway alignment projecting from another plat.
Stakeholder Input
Involving stakeholders throughout the planning process
is key to the success of the project. For a mobility study
much like this one, having a technical stakeholder group
made up of City staff from Development Services and
Engineering, together with representatives from the police
and fire department is key. It will also be important to include
representatives from DCTA, TXDOT, and other agencies
involved in mobility decision -making.
We will hold three public meetings to engage the public
in the efforts of the Mobility Plan. As part of these public
meetings we will seek out guidance from the public to
assist in updating the Master Thoroughfare Plan, the Bicycle
Master Plan, and the Pedestrian Master Plan. It will be
important early on to get an idea from the public of the
goals and vision for transportation and mobility in the City.
The goals and vision developed early on will help prioritize
the mobility improvements for each mode, whether they be
short-, medium-, or long-term projects.
We will also incorporate a mobility survey in the Stakeholder
Input task to gather even more feedback from a larger
portion of the City of Denton. It can be challenging for some
to get to a public meeting for a project like this and therefore
providing additional methods of gathering input will be
important.
The feedback we get from the technical stakeholder group,
the public meetings, and the mobility survey will all be used
to endorse the outcomes or results of the mobility plan.
Facilities Review
Using the existing data developed by the City of Denton
and potential data from NCTCOG as a base, we will analyze
the current infrastructure. We will determine condition of
roadways, current bicycle facilities (trails, bike lanes, and
sharrows), and gaps in the sidewalk network. Through the
planning process we will use the facilities review to prioritize
the improvements that are needed on Denton roadways,
additional bicycle connections, and sidewalk gaps.
For sidewalk gaps we will pay most attention to the areas
with the highest pedestrian traffic, especially those within a
mile of existing and future schools.
Recent public meeting as part of the community outreach for the Southeast
Houston Mobility Plan
Existing Sidewalk Inventory Data in the City of Denton
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03 Statement of Qualifications
Land Use Review
For the Land Use review, we will use the Denton County Appraisal District (DCAD) parcel data and the State Code field to
evaluate the land use within the City of Denton and also within the Denton ETJ. We will compare the information gathered
from DCAD with the latest Denton Future Land Use map to determine the potential build out demographics in the City.
This build out is especially important for understanding thoroughfare improvements and impact fees that will be analyzed
throughout the planning process.
Our team uses CommunityVIZ software which is an extension of ArcGIS to understand the City's carrying capacity and
build out numbers. Different scenarios can be developed to understand the impact of changing future land use in the
region.
Task 4 - Plan Development
Master Thoroughfare Plan
Establishing a master thoroughfare plan is an important tool to help guide future transportation planning decisions in a
City with so many different stakeholders and interests. A master thoroughfare plan establishes clear expectations on
roadway design elements including right-of-way, number of lanes, and lane widths. Right-of-way dedication is one of the
primary goals to bridge the gap between needed transportation improvements and new development in Denton. Unlike
the NCTCOG travel demand model and 2045 roadway network, the master thoroughfare plan is not constrained by project
financing or by a certain time frame. However it is constrained by the existing and planned development in the City.
Our team will use the information gathered in Task 3 to develop a technical analysis of the existing development and the
future development based on the existing land use and the City's proposed future land use plan. We will use development
data to input into the Denton travel demand model to understand the areas of concerns for increased travel time and
delay. We are really comfortable in working with the Denton travel demand model and have been using it in the last two
years on a number of different projects for the City of Denton. This technical analysis will help our team and City staff to
confirm the proposed recommendations being presented through this process.
It will be important in the master thoroughfare planning process to understand the importance of each recommendation.
In working with the City staff as well as City stakeholders we will develop evaluation criteria to assist in the process of
ranking the projects into short-, medium-, and long-term projects. The prioritization criteria can consist of elements such
as congestion, safety, environmental factors, cost, and project readiness among others. Each of the evaluation factors will
have associated performance measures that will assist in prioritizing each improvement based on qualitative factors.
Thoroughfare planning proposes a future network based on build -out conditions. This ultimately helps the City prepare as
new development or redevelopment occurs. As we develop the master thoroughfare plan and recommendations, we will
develop planning level cost estimates for all of the proposed thoroughfares in the City. Some of the improvements may be
under the jurisdiction of TxDOT or Denton County and thus we will indicate the potential responsible stakeholder.
Mobility Plan Map
The mobility plan map is one of the most used policy documents within municipalities. It can indicate the future growth
goals of the City and assist residents and developers to understand the future alignments of proposed roadways.
Consistency between the mobility plan map, the master thoroughfare plan and the Denton street design standards is
essential. Currently there are some inconsistencies that we have noticed in working with the 2015 Mobility Plan map and
the development standards that we would correct during through this mobility plan update. For example, the current street
standards have a secondary arterial section and a modified secondary arterial section. One has a 100' right-of-way and
the other a 110' right-of-way. However the map only specifies one symbol for secondary arterial on the mobility plan map.
There has to be consistency between the design standards and the map.
We will assist in creating a mobility plan map that clearly defines thoroughfare classification in the City and determines
future roadways and even roadways that are yet to be widened per their design standards.
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00 Statement of Qualifications
Bicycle Plan
Our team will examine what elements of
the plan need to be updated based on
the planning efforts that started with the
Active Transportation Plan developed in
2012. We will also incorporate individual
planning efforts that have occurred since
2012, such as the UNT Traffic Study
which analyzed bicycle traffic around the
UNT campus.
Bicycle planning has become even more
important in the last 10 years in Denton
as a result of demographic changes
and modal preference shifts. In addition,
new funding sources for bicycle projects
through NCTCOG have provided new
opportunities for these projects to be
implemented.
We will work with City staff to assess
the existing bicycle infrastructure and
determine where the most important
gaps in the region are. The success in
collecting bicycle counts in the UNT
Traffic Study can be incorporated in other
areas that are showing high levels of
bicycle activity such as the downtown,
colleges and universities, and other
high use areas. We will also incorporate
Strava data which uses crowd sourcing
to identify the path of people cycling and
jogging.
It is common in bicycle plans to assign
a bicycle facility to every functionally
classified roadway in the thoroughfare
network whether that facility can be easily
implemented or not based on funding
constraints or right-of-way limitations.
However knowing what would be the
most important corridors to implement
will be one of our primary goals of Stava Map Graphic
this mobility plan. It is essential to
understand the importance of each recommendation. In working with the City staff as well as stakeholders we will develop
evaluation criteria to assist in the process of ranking the bicycle projects into short-, medium-, and long-term projects. The
prioritization criteria can consist of elements such as potential bicycle demand, safety, cost, traffic speed and volumes
among others. Each of the evaluation factors will have associated performance measures that will assist in prioritizing each
improvement based on qualitative factors.
Legend
November 14,2017
11:00 AM.
PM
Park
Buildings
Bicycle turning counts were also collected around the UNT campus to understand bicycle usage
STRAvz
As we develop the bicycle plan recommendations, we will develop planning level cost estimates for all of the proposed
improvements in the City.
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00 Statement of Qualifications
Pedestrian Plans
Similar to the Bicycle Plan, our team
will examine what elements of the
plan need to be updated based on the
planning efforts that started with the
Active Transportation Plan developed in
2012. We will also incorporate individual
planning efforts and analysis that have
occurred since 2012.
The City of Denton already has done an
excellent job in geocoding the existing
sidewalks in GIS. We will use this data
to identify gaps in the system. We will
also create a 1 mile buffer around every
elementary, middle, and high school and
potentially a larger buffer around other
potential pedestrian generators such
as the downtown, TWU, and UNT. The
gaps that exists within those buffers will
be examined in more detail and will be
prioritized higher In the project ranking. Sidewalk connections were analyzed around the UNT campus to identify gaps and prioritize projects
Part of the reason for this analysis is to
examine what areas in Denton have the potential to receive Safe Routes to School funding.
In working with the City staff as well as City stakeholders we will develop evaluation criteria to assist in the process of
ranking the pedestrian projects into short-, medium-, and long-term projects. The prioritization criteria can consist of
elements such as location of high pedestrian areas, safety, cost, and proximity to schools/parks among others. Each of
the evaluation factors will have associated performance measures that will assist in prioritizing each improvement based
on qualitative factors.
As we develop the pedestrian plan recommendations, we will develop planning level cost estimates for all of the proposed
improvements in the City.
Draft Plans
Our team takes a lot of pride in providing our clients with documentation that communicates the efforts and
recommendations in well -designed reporting. Before final design, our team will use Microsoft Word in the draft form to
allow for changes to be easily incorporated between us and the client. Our planning staff is all trained in Adobe Illustrator,
InDesign, and Photoshop to be able to present the documentation in a professional manner.
The Draft Plan will be presented to the staff and stakeholders in one of the remaining biweekly progress meetings.
Final Plans
After our project team addresses the comments from staff and stakeholders from the Draft plan, we will produce a final
draft as a deliverable and provide electronic versions in Word and in PDF. We will also provide 2 bound hard copies.
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00 Statement of Qualifications
Task 5 - Project Meetings
Progress Meetings
The progress meetings will be an essential part of the 12 month schedule. Every two weeks beginning with the Kickoff
meeting we will facilitate either a web meeting or an in -person meeting to discuss the status of the individual efforts and
deliverables. The consultant team along with City staff will be invited to the progress meetings every two weeks.
Public Meetings
Our team will work with the City staff and stakeholders to identify public meeting dates, times and locations that are likely
to drive the most public participation. We will prepare publicity materials and work with City staff to disseminate them
through available channels, including social clubs such as churches, neighborhood associations, and social and traditional
media. All feedback from these meetings will be carefully documented and summarized.
Public meetings will give residents an opportunity to consider how the Master Thoroughfare Plan, the Bicycle Plan, and the
Pedestrian Plan can be improved. These forums will include mapping exercises and facilitated roundtable discussions with
the project team.
Each meeting will focus on the different modes in the mobility plan to gather input on the challenges and future
opportunities for new infrastructure. As part of the public meetings we will want to gather thoughts and opinions from the
public on the priorities of each improvement type and what values the community has for each of the modes. This will
assist in understanding the goals of the study and how each project can be prioritized. A presentation on the project and
its objectives with visioning exercises will also occur at each public meeting to inform the conceptual priorities of the Plan.
Our approach to the transportation impact fee portion of the plan focuses on maintaining coordination between
parties throughout this multifaceted project. We strive for the City staff, City Council, and the development community
to understand the impact fee process. Management of expectations and education is often just as important as the
calculation of the maximum impact fees. Our years of experience have allowed us to perfect this process. Even though
this is will be the 2nd time the City is going through an Impact Fee Study, it is the first time for many of the staff and most
of the City Council. Education is a critical first step. We will meet with the critical City departments in a workshop setting
to discuss the options for developing the impact fee. Jeff Whitacre will lead a presentation titled, "Impact Fees 101" that
provides an overview of the legal requirements of impact fees and allows for an interactive discussion about impact
fees. This presentation has been fine-tuned over the years based on our experience with the legal and policy decisions
that must be made. We will also update and discuss the link between impact fees and rough proportionality that was
established in the current ordinance.
Review Existing Documents
Our team is really familiar with the current roadway impact fee program. One of the first tasks that we will do is meet with
City staff to determine what is working well and what elements of the program needs to be tweaked or reworked. It will be
important to have those discussion before we begin the existing analysis.
Existing Analysis
The team will collect available transportation and land use data, including the current MTP and other adopted agency
transportation plans. This will include information from adjacent cities and entities. The team will create a comprehensive
list of available plans and identify how the plans may not align with each other.
Another common integration issue is when a bike master plan calls for the incorporation of bike facilities on roadways
where not enough right-of-way has been set aside to ever actually construct those improvements. The team will consider
these constraints when making roadway alignment and cross section recommendations. For this plan, details for corridors
will be looked into to ensure regional connectivity and mobility.
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03 Statement of Qualifications
The team will analyze alignment alternatives at a conceptual level for the MTP. The team will use available contours, parcel
data right-of-way information, utilities, floodplain and gas well locations to aid in the recommendation of alignments.
The goal of evaluating these physical constraints is to prevent a situation where a roadway either cannot be feasibly
constructed, or a situation where the construction costs become so high that a development cannot construct an adjacent
facility due to rough proportionality.
The team will identify intersection improvements
to support the overall mobility of the City. These
improvements may include but are not limited to innovative
interchanges, traffic signals, turn lanes, and roundabouts.
The Team will work with the City to ensure the
intersections and segments are right sized. Bigger Nodes
and smaller links can lead to a network that has increased
capacity while remaining fiscally responsible.
The will develop an implementation strategy that includes
programs (including staff resources), capital project
prioritization, and potential policy considerations. The
implementation plan will also include a recommended
strategy for implementation in terms of high, medium, and
low priority. Potential program recommendations could
include the introduction of a bicycle facility program.
Policies are the introduction of items such as building
larger intersections (nodes) instead of corridors (links).
Projects are the physical construction of elements to
complete the Transportation Plan.
Current and Future Land Use
We will update the land use assumptions for use in the
transportation impact fee study. State law requires the
development of a set of 10-year growth projections
within each of the service areas. We will first update the
Service Area Boundaries to match any changes to the
City's corporate limits. After updating those boundaries,
we will evaluate population and employment projections
based upon the future land use plan. In accordance with
Chapter 395 of the local government code, impact fees
can only be recovered to account for growth projected
over the next 10 years. We have found the following three
step process to be the most effective way to calculate the
anticipated growth and utilize in the model develop:
1. Inventory of the existing land uses (2019)
2. Build -out projections for the City (Utilized in the Model)
3. Growth projected within the 10-year planning window
(2029)
These land use assumptions provide the basis for
determining the amount of future demand recoverable
through impact fees. During this process, the use of a
spatial analysis tool is extremely useful. With the use of
the geoprocessing tools available in GIS, the three steps
identified can be accelerated.
Existing Land Use Map for the City of Denton
Future Land Use for the City of Denton which would be used to determine build
out demographics in the travel demand model
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03 Statement of Qualifications
Preliminary Transportation Impact Fees
The first step of this task will be to determine any project status
changes that have occurred since 2016. The updates will be
grouped into four categories:
1. No Change / Still an Impact Fee Eligible Project
2. Thoroughfare Change / Removed and No Longer a Project
3. Thoroughfare Change / Modification in Number of Lanes
4. Project has been constructed
Once the project list is completed, this task also involves the
development of project cost projections for existing oversized
facilities and future projects (#1 and #3 above). This phase
requires engineering expertise to thoroughly understand
the costs of constructing roadway facilities. The Team has
developed outstanding tools for setting impact fee CIP budget
amounts that are adequate for successfully implementing each
project, from inception through construction.
During the 2016 impact fee studies intersections were not
been specifically evaluated. However, given recent experience
as crossing thoroughfares have been constructed and require
traffic control, specific intersection improvements should be a
consideration in the development of the 2019 Roadway Impact
Fee CIP.
Fee Calculation: The core purpose for updating the impact
fee ordinance is to have new growth pay for a portion of the
transportation infrastructure improvements required to serve
that new growth. After compiling the Impact Fee CIP (Task 4), the project team will need to determine to portion of the
total Transportation Impact Fee CIP that supports growth. The Transportation Impact Fee CIP will be divided into four
categories:
1. Cost to Meet Existing Demand
2. Recoverable Impact Fee CIP (Projected Impact Fee Revenue)
3. Cost Outside the 10-Year Study Window
4. Credit for Ad Valorem Taxes
The Recoverable Impact Fee CIP will be used for the portion of the Total Transportation Impact Fee CIP that is used in
the maximum impact fee analysis. The maximum impact fee analysis will divide this Recoverable Impact Fee CIP by the
growth determine in the Land Use Assumptions (Task 3). In accordance with Chapter 395, we anticipate that the City will
choose to once again conduct the financial analysis, which not only allows for a collection rate above 50%, but also allows
for the use of the maximum impact fee in rough proportionality determinations — a link that will be discussed with City staff
during Project Initiation.
Impact Fee Report
The team will develop an updated transportation impact fee report that takes into account new development and prepares
a cash flow analysis based on the final impact fee and updated growth projections. The impact fee manual will outline the
process for the City to assess fees and how credits will be applied.
Upon adoption of the revised roadway impact fee, we will assist the City with any necessary tasks associated with the
revised ordinance, including the update of your Impact Fee Estimator worksheet.
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03 Statement of Qualifications
Meetings
Successful adoption requires implementing a revised impact fee ordinance that involves a number of public hearings
through the City Council and the Advisory Committee. Additionally, we recommend establishing a Development Advisory
Committee (DAC) and conducting workshops to engage the development community and other interested stakeholders.
By walking these groups through the process and increasing their understanding of impact fees and the reasons for
the update, they will have the necessary tools to make the best decisions for the City of Denton. We will also develop all
necessary public hearing notices and comply with statutory procedures. If requested by the City, we could include an
enhanced public information program to incorporate any necessary media relations or similar services. However, we do
not feel that will be required for this update outside of the stakeholder engagement mentioned above.
Deciding how much the City will charge for new development can be a difficult decision for the City Council. The Team
will provide research to the City staff and council to show comparisons between what other Texas cities are currently
charging. The Team will also provide Revenue forecast for the Roadway Impact Fee so that could factor into the
collection decision. These two analysis (comparisons and revenue forecast) can prove to be invaluable to the process
— it enables the City to quickly make an educated decision regarding the direction of the policy. It also gives the public
an understanding of how the City of Denton impact fees would compare with other communities in Central Texas and
statewide.
Progress Meetings
The Impact Fee effort will coincide with the mobility plan update however some of the progress meetings may need to be
focused only on the impact fee effort. Every two weeks beginning with the Kickoff meeting we will facilitate either a web
meeting or an in -person meeting to discuss the status of the impact fee efforts and deliverables. The consultant team
along with City staff will be invited to the progress meetings every two weeks.
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33 Statement of Qualifications
Task 1 - Project Management
Task 2 - Project Kick-off Meeting
Task 3 - Data Collection
3.1 Background Research
3.2 Stakeholder Input
3.3 Facilities Review
3.4 Land Use Review
Task 4 - Plan Development
4.1 Master Thoroughfare Plan (MTP)
4.2 Mobility Plan Map
4.3 Bicycle Plan
4.4 Pedestrian Plan
4.5 Draft Plans
4.6 Final Plans
Task 5 - Project Meetings
5.1 Progress Meetings
5.2 Public Meetings
Task 6 - Transportation Impact Fee
6.1 Review Existing Documents
6.2 Existing Analysis
6.3 Current and Future Land Use Analysis
6.4 Preliminary Impact Fee Calculation
6.5 Impact Fee Report
6.6 Meetings
6.7 Progress Meetings
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Master Thoroughfare Plan Meeting (Mobility Plan Map)
f^L Bicycle Plan Meeting (Non -motorized Needs)
Pedestrian Meeting (SRTS & Sidewalk Connectivity)
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03 Statement of Qualifications
If: lropecl IIeam
Kurt Schulte, AICP
Walter P Moore
Robert Rae, AICP
Walter P Moore
James Davis, Jr., PE, LEED AP,
ENV SP
Land Development
Walter P Moore
Bryan Brown, CNU-A
Parking
Walter P Moore
Louis Cutaia Jr., AICP
Project Planner
Walter P Moore
Madeline Hunter
Project Planner
Walter P Moore
Scott Booth, PE, PTOE
Traffic Engineering
LJA Engineering
Zakcq Lockrem, AICP
Bicycle / Pedestrian Plans
Asakura Robinson
Luis Guajardo, AICP
Bicycle / Pedestrian Plans
Asakura Robinson
Matthew Rufo, AICP
Bicycle / Pedestrian Plans
Asakura Robinson
Stephen Stansbery, AICP
Stakeholder Involvement
Kimley-Horn
Jeff Whitacre, PE, AICP, PTP
Transportation Impact Fee
Kimley-Horn
Dana Shumard, PE
Civil Engineering / Infrastructure
Kimley-Horn
WAI..:'1f1:::'fi P N1001:i1:::' Professional services for MoWbOity Plan for the City of (Denton 1 20
Certificate Of Completion
Envelope Id: 99D65EEC7DDA44F68634CF92D4E3EC79
Subject: Please DocuSign: City Council Contract 6999 Mobility Plan
Source Envelope:
Document Pages: 30 Signatures: 5
Certificate Pages: 6 Initials: 1
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
Record Tracking
Status: Original
4/23/2019 4:14:27 PM
Signer Events
Jamie Cogdell
jamie.cogdell@cityofdenton.com
Senior Buyer
City Of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mack Reinwand
mack.reinwand@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Kurt J. Schulte AICP
kschulte@walterpmoore.com
Principal
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 4/23/2019 5:30:33 PM
ID:3b5e4bda-3df5-4e25-9667-1ecc4cf03932
Holder: Jamie Cogdell
Jamie. Cogdell@cityofdenton.com
Signature
Completed
Using IPAddress: 129.120.6.150
E
Signature Adoption: Pre -selected Style
Using IPAddress: 129.120.6.150
[D—Si,ned by:
7F9D328BF0204E5...
Signature Adoption: Pre -selected Style
Using IPAddress: 129.120.6.150
[D11USi,n1d by:
�. s u u& Kp
10FF94DDAE304E5...
Signature Adoption: Pre -selected Style
Using IPAddress: 174.235.5.248
Signed using mobile
Doclut
S 9 C U a 9 0
Status: Completed
Envelope Originator:
Jamie Cogdell
901 B Texas Street
Denton, TX 76209
Jamie.Cogdell@cityofdenton.com
IP Address: 129.120.6.150
Location: DocuSign
Timestamp
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Signer Events
Todd Estes
todd.estes@cityofdenton.com
City Engineer
Capital Projects
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(None)
Electronic Record and Signature Disclosure:
Accepted: 4/23/2019 7:37:45 PM
ID:8d3d3431-17bf-47e1-85d9-be99238ff88f
Tabitha Millsop
tabitha.millsop@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Todd Hileman
Todd. Hileman@cityofdenton.com
City Manager
City of Denton
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(None)
Electronic Record and Signature Disclosure:
Accepted: 7/25/2017 11:02:14 AM
ID: 57619fbf-2aec-4b 1 f-805d-6bd7d9966f21
Rosa Rios
rosa.rios@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 5/8/2019 9:49:28 AM
ID:c9078919-087d-43dc-89ef-9Oc8a9aa9aca
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Certified Delivery Events
Carbon Copy Events
Tabitha Millsop
tabitha.millsop@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
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Not Offered via DocuSign
Signature
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0658E4F8FB78476...
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Signed using mobile
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Signature
Status
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Timestamp
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Sherri Thurman
sherri.thurman@cityofdenton.com
City of Denton
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Annie Bunger
annie.bunger@cityofdenton.com L__��X �ED
Administrative Assistant IV
City of Denton
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(None)
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Jane Richardson
jane.richardson@cityofdenton.com
Assistant City Secretary
City of Denton
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(None)
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Jane Richardson
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Assistant City Secretary
City of Denton
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(None)
Electronic Record and Signature Disclosure:
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Pritam Deshmukh
pritam.deshmukh@cityofdenton.com L__��X �ED
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(None)
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Timestamp
Sent: 4/23/2019 4:15:26 PM
Sent: 4/23/2019 7:16:21 PM
Viewed: 4/24/2019 7:11:47 AM
6YaifilyE:lf��iy�i?�[iI:71�U1
Sent: 5/8/2019 9:50:06 AM
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Witness Events
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Electronic Record and Signature Disclosure
Timestamps
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Kurt J. Schulte AICP, Todd Estes, Todd Hileman, Rosa Rios
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