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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 iiiw" vj f Aeftwi st�flfyiq & i iiiiii Ili uwhi�- i � i 11A)M01- LHIS 411(§AIIUIIQC IVI- C11SHICU-111t SCITIUCS IVE UIC 1,TJL*#J11LJ fJU11, Ut L11C L11C �,ALJ' 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 Page 1 of 17 DocuSign Envelope ID: 99D65EEC-7DDA-44F6-8634-CF92D4E3EC79 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 Page 2 of 17 DocuSign Envelope ID: 99D65EEC-7DDA-44F6-8634-CF92D4E3EC79 (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 Page 3 of 17 DocuSign Envelope ID: 99D65EEC-7DDA-44F6-8634-CF92D4E3EC79 (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 Page 4 of 17 DocuSign Envelope ID: 99D65EEC-7DDA-44F6-8634-CF92D4E3EC79 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 Page 5 of 17 DocuSign Envelope ID: 99D65EEC-7DDA-44F6-8634-CF92D4E3EC79 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 Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 6 of 17 DocuSign Envelope ID: 99D65EEC-7DDA-44F6-8634-CF92D4E3EC79 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 Page 7 of 17 DocuSign Envelope ID: 99D65EEC-7DDA-44F6-8634-CF92D4E3EC79 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 Page 8 of 17 DocuSign Envelope ID: 99D65EEC-7DDA-44F6-8634-CF92D4E3EC79 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 Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 9 of 17 DocuSign Envelope ID: 99D65EEC-7DDA-44F6-8634-CF92D4E3EC79 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 Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 10 of 17 DocuSign Envelope ID: 99D65EEC-7DDA-44F6-8634-CF92D4E3EC79 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 Page 11 of 17 DocuSign Envelope ID: 99D65EEC-7DDA-44F6-8634-CF92D4E3EC79 (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 Page 12 of 17 DocuSign Envelope ID: 99D65EEC-7DDA-44F6-8634-CF92D4E3EC79 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 DocuSign Envelope ID: 99D65EEC-7DDA-44F6-8634-CF92D4E3EC79 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 DocuSign Envelope ID: 99D65EEC-7DDA-44F6-8634-CF92D4E3EC79 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. WAI..:'1f1:::'fi P N1001:i1:::' Professional Services for MoWbOity Plan for the City of I::)enton DocuSign Envelope ID: 99D65EEC-7DDA-44F6-8634-CF92D4E3EC79 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 WAI..:'1f1:::'fi P N1001:i1:::' Professional services for Mobility Plan for the City of (Denton 1 10 DocuSign Envelope ID: 99D65EEC-7DDA-44F6-8634-CF92D4E3EC79 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 WAI..:'1f1:::'fi P N1001:i1:::' Professional Services for Mobility Plan for the City of [:)enton 1 11 DocuSign Envelope ID: 99D65EEC-7DDA-44F6-8634-CF92D4E3EC79 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. WA1..:T1:::'fi P N1001:i1:::' Professional services for Mob0ity Plan for the City of (Denton 1 12 DocuSign Envelope ID: 99D65EEC-7DDA-44F6-8634-CF92D4E3EC79 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. WAI..:'1f1::::Fi P N100Fi1:::: Professional services for Mob0ity Plan for the City of (Denton 1 13 DocuSign Envelope ID: 99D65EEC-7DDA-44F6-8634-CF92D4E3EC79 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. WAI..:'1f1:::'fi P N1001:i1:::' Professional Services for Mobility Plan for the City of (Denton 1 14 DocuSign Envelope ID: 99D65EEC-7DDA-44F6-8634-CF92D4E3EC79 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. WAI..:'1f1:::'fi P N1001:i1:::' Professional services for Mob0ity Plan for the City of (Denton 1 15 DocuSign Envelope ID: 99D65EEC-7DDA-44F6-8634-CF92D4E3EC79 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 WA1..:T1:::'fi P N1001:i1:::' Professional services for Mobility Plan for the City of I::)enton 1 16 DocuSign Envelope ID: 99D65EEC-7DDA-44F6-8634-CF92D4E3EC79 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. WAI..:'lfl:::'Fi P N100FiF:: Professional services for Mob0ity Plan for the City of (Denton 1 17 DocuSign Envelope ID: 99D65EEC-7DDA-44F6-8634-CF92D4E3EC79 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. WAI..:'1f1:::'fi P N1001:i1:::' Professional services for MoWbOity Plan for the City of (Denton 1 16 DocuSign Envelope ID: 99D65EEC-7DDA-44F6-8634-CF92D4E3EC79 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 g g Month 1 2 3 4 5 6 7 8 9 10 11 12 uuuuuuuuuuuuuuuuuuuuuu�uuuuuuuuuuuuuuuuuuuuuuuuuuu�uuuuuuuuuuuuuuuuuuuuuuuuuuu�uuuuuuuuuuuuuuuuuuuuuuuuuuu�uuuuuuuuuuuuuuuuuuuuuuuuuuu�uuuuuuuuuuuuuuuuuuuuuuuuuuui�uuuuuuuuuuuuuuuuuuuuuuuuuuui�uuuuuuuuuuuuuuuuuuuuuuuuuuui�uuuuuuuuuuuuuuuuuuuuuuuuuuui�uuuuuuuuuuuuuuuuuuuuuuuuuuui�uuuuuuuuuuuuuuuuuuuuuuuuuuuui�uuuuuuuuuuuuuuuuuuuuuuuu uuuuuuuuuuuuuuuuuuuuuu�uuuuuuuuuuuuuuuuuuuuuuuuuuu�uuuuuuuuuuuuuuuuuuuuuuuuuuu� uuuuuuuuuuuuuuuuuuuuuunruuuuuuuuuuuuuuuuuuuuuuuuuuuinG uuuuuuuuuuuuuuuuuuuuuu�uuuuuuuuuuuuuuuuuuuuuuuuuuu�uuuuuuuuuuuuuuuuuuuuuuuuuuu�uuuuuuuuuuuuuuuuuuuuuuuuuuu�uuuuuuuuuuuuuuuuuuuuuuuuuuu�uuuuuuuuuuuuuuuuuuuuuuuuuuui�uuuuuuuuuuuuuuuuuuuuuuuuuuui�uuuuuuuuuuuuuuuuuuuuuuuuuuui�uuuuuuuuuuuuuuuuuuuuuuuuuuui�uuuuuuuuuuuuuuuuuuuuuuuuuuui�uuuuuuuuuuuuuuuuuuuuuuuuuuuui� uuuuuuuuuuuuuuuuuuuuuunruuuuuuuuuuuuuuuuuuuuuuuuuuuinruuuuuuuuuuuuuuuuuuuuuuuuuuui� uuuuuuuuuuuuuuuuuuuuuui�uuuuuuuuuuuuuuuuuuuuuuuuuuui� �uuuuuuuuuuuuuuuuuuuuuuuuuuuluuuuuuuuuuuuuuuuuuuuuuuuuuu�uuuuuuuuuuuuuuuuuuuuuuuuuuui� �uuuuuuuuuuuuuuuuuuuuuuuuuuui�uuuuuuuuuuuuuuuuuuuuuuuuuuuiG �uuuuuuuuuuuuuuuuuuuuuuuuuuu�uuuuuuuuuuuuuuuuuuuuuuuuuuui�uuuuuuuuuuuuuuuuuuuuuuuuuuui� tuuuuuuuuuuuuuuuuuuuuuuuuuuuu�uuuuuuuuuuuuuuuuuuuuuuuuuuuu�uuuuuuuuuuuuuuuuuuuuuuuuuuuu6 9uuuuuuuuuuuuuuuuuuuuuuuuuuui�uuuuuuuuuuuuuuuuuuuuuuuuuuui� �uuuuuuuuuuuuuuuuuuuuuuuuuuui�uuuuuuuuuuuuuuuuuuuuuuuuuuuui; uuuuuuuuuuuuuuuuuuuuuui�uuuuuuuuuuuuuuuuuuuuuuuuuuui� ............... ... �uuuuuuuuuuuuuuuuuuuuuuuuuuui�uuuuuuuuuuuuuuuuuuuuuuuuuuui�uuuuuuuuuuuuuuuuuuuuuuuuuuui� wuuuuuuuuuuuuuuuuuuuuuuuuuuui�uuuuuuuuuuuuuuuuuuuuuuuuuuuuC i�uuuuuuuuuuuuuuuuuuuuuuuuuuui�uuuuuuuuuuuuuuuuuuuuuuuuuuui� �uuuuuuuuuuuuuuuuuuuuuuuuuuui�uuuuuuuuuuuuuu uuuuuuuuuuuu� Master Thoroughfare Plan Meeting (Mobility Plan Map) f^L Bicycle Plan Meeting (Non -motorized Needs) Pedestrian Meeting (SRTS & Sidewalk Connectivity) WAI..:'1f1:::'fi P N1001:i1:::' Professional services for MoWbOity Plan for the City of (Denton 1 19 DocuSign Envelope ID: 99D65EEC-7DDA-44F6-8634-CF92D4E3EC79 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 Sent: 4/23/2019 4:14:54 PM Viewed: 4/23/2019 4:15:02 PM Signed: 4/23/2019 4:15:24 PM Sent: 4/23/2019 4:15:27 PM Viewed: 4/23/2019 4:48:10 PM Signed: 4/23/2019 4:48:45 PM Sent: 4/23/2019 4:48:48 PM Viewed: 4/23/2019 4:50:05 PM Signed: 4/23/2019 4:51:03 PM Sent: 4/23/2019 4:51:06 PM Viewed: 4/23/2019 5:30:33 PM Signed: 4/23/2019 7:16:18 PM Signer Events Todd Estes todd.estes@cityofdenton.com City Engineer Capital Projects Security Level: Email, Account Authentication (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 Security Level: Email, Account Authentication (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) Electronic Record and Signature Disclosure: Not Offered via DocuSign Signature Doons�gnea by: � 0658E4F8FB78476... Signature Adoption: Drawn on Device Using IPAddress: 174.206.55.198 Signed using mobile Using IPAddress: 129.120.6.150 [D—Si,ned by: B77SC711BAOD454... Signature Adoption: Pre -selected Style Using IPAddress: 129.120.6.150 ERDOCUSi,ned by: a P4as 1C5CA8C5E175493... Signature Adoption: Pre -selected Style Using IPAddress: 129.120.6.150 Signature Status Status Status Status Status Timestamp Sent: 4/23/2019 7:16:22 PM Viewed: 4/23/2019 7:38:16 PM Signed: 4/23/2019 7:38:16 PM Sent: 4/23/2019 7:38:19 PM Viewed: 5/8/2019 8:51:34 AM Signed: 5/8/2019 8:55:03 AM Sent: 5/8/2019 8:55:08 AM Viewed: 5/8/2019 9:30:20 AM Signed: 5/8/2019 9:30:26 AM Sent: 5/8/2019 9:30:29 AM Viewed: 5/8/2019 9:49:28 AM Signed: 5/8/2019 9:50:03 AM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 4/23/2019 4:15:26 PM Carbon Copy Events Status Sherri Thurman sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Annie Bunger annie.bunger@cityofdenton.com L__��X �ED Administrative Assistant IV City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane Richardson jane.richardson@cityofdenton.com Assistant City Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane Richardson jane.richardson@cityofdenton.com L_SR!l E D Assistant City Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Pritam Deshmukh pritam.deshmukh@cityofdenton.com L__��X �ED Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign 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 Viewed: 5/8/2019 3:03:43 PM Sent: 5/8/2019 9:50:07 AM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/8/2019 9:50:07 AM Certified Delivered Security Checked 5/8/2019 9:50:07 AM Signing Complete Security Checked 5/8/2019 9:50:07 AM Completed Security Checked 5/8/2019 9:50:07 AM Payment Events Status 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 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. 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