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22-2461ORDINANCE NO. 22-2461 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION. AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH HDR ARCHITECTURE, INC., FOR ASSISTANCE nv THECREATION OF THE NORTHEAST DENTON AREA PLAN ON BEHALF OF THE CITY OF DENTON AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVDING AN EFFECTIVE DATE (RFQ 8038– PROFESSIONALSERVICES AGREEMENT FOR PLANNING SERVICES AWARDED TO HDR ARCHITECTURE, INC., IN THE NOT-TO-EXCEED AMOUNT OF $200,000.00). WHEREAS, HDR Architecture, Inc., the professional services provider (the “Provider”) set forth in this ordinance, is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, this procurement was undertaken as part of the City’s governmental function [Zoning, planning, and plat approval] ; and WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent with, and not higher than, the recommended practices and fees published by the professional associations applicable to the Provider’s profession, and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAnvs: SECTION 1. The City Manager, or their designee, is authorized to enter into the professionalservice contract attached hereto with HDR Architecture, Inc., for assistance in the creation of the Northeast Denton Area Plan on behalf of the City of Denton. SECTION 2. The City Manager, or their designee, is authorized to expend funds as required by the attached contract. SECTION 3. The City Council of the City of Denton, Texas expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under this ordinance to the City Manager of the City of Denton, or their designee. SECTION 4. The findings in the preamble of this ordinance are incorporated herein byreference. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. S e C O n d eT;y m 0 t i %) Fi T m &;J ; O r d i n a n C e X&r a S TEshin ji == P LtH IIp proved byUfollowing vote b - 1] : Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck, District 2: Jesse Davis. District 3 : VACANT. District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: \/ Ja 1/ pr L/ b/ PASSED AND APPROVED this the b+b day of , 2022 EiTibTRKs%RMiiM ATTEST: ROSA RIOS, CITY SECRETARY b\\\11111111 APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella Lunn DN: cn=Marcella Lunn, o, ou=CityBY, \XpwatI B::eT;i;2.11.18 17:04:34 -06'oo' I\ \JU\\\ }::=tr:=kdlaJunn@dtyddenb DocuSign Envelope ID: CAF70384-779D4850-825F-9E85DDCB71 1 F DENTON Docusign City Council Transmittal Coversheet 8038RFQ File Name Preparation for the Northeast Area Plan PurchasingContact Gi'-Y B'-"'"'tt City Council Target Date DECEMBER 6 ’ 2022 Piggy Back Option Contract Expiration Ordinance Not Applicab1 e N/A 22-2461 DocuSign Envelope ID: CAF70384-779D4850425F-9E85DDCB711 F PROFESSIONAL SERVICES AGREEMENTFOR CONSULTING SERVICESFILE 8038 STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT (the “Agreement”) is made and entered into on 12/06/2022 , by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called “OWNER” and HDR Architecture, Inc., with its corporate office at 8750 N. Central Expressway, Suite 100, Dallas, TX 7523 1 , hereinafter called “CONSULTANT,” actingherein, by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE ICONSULTANT AS INDEPENDENT CONTRACTOR The OWNER has selected CONSULTANT on the basis of demonstrated competence and qualifications to perform the services herein described for a fair and reasonable price pursuant toChapter 2254 of the Texas Government Code. The OWNER hereby contracts with the CONSULTANT as an independent contractor and not as an employee, and as such, the OWNER will not assert control over the day-to-day operations of the CONSULTANT. The CONSULTANT is customarily engaged to provide services as described herein independently and on anonexclusive basis in the course of its business. This Agreement does not in any way constitute ajoint venture between OWNER and CONSULTANT. The CONSULTANT hereby agrees to perform the services described herein based on the skills required for the scope of work in connection with the Project as stated in the sections to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project: The Project shall include, without limitation, for the Preparation for the Northeast Area Plan, as described in Exhibit A, which is on file at the purchasing office and incorporatedherein (the “Project”). ARTICLE IISCOPE OF BASIC SERVICES The CONSULTANT shall perform the following services in a professional manner: City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 1 of 23 Contract 8038 DocuSign Envelope ID: CAF70384-779D4850425F-9E85DDCB71 1 F A.The CONSULTANT shall perform all those services as necessary and as described in the OWNER’s RFQ 8038 –Preparation for the Northeast Area Plan, which is on file at the purchasing office and made a part hereof as Exhibit A as if written word for word herein. B To perform all those services set forth in CONSULTANT’S Appendix A - Scope of Work; CONSULTANT’S Appendix B – Fee Schedule; and CONSULTANT’S Appendix C - Project Schedule attached hereto and made a part hereof as Exhibit B as if written wordfor word herein. C. D. CONSULTANT shall perform all those services set forth in individual task orders, as described in Exhibit B, which shall be attached to this Agreement and made a part hereof. If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms andconditions of the attached exhibits or task orders. ARTICLE IIIADDITIONAL SERVICES Additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included in the above-described Basic Services, may be negotiated as needed, perrates included in Exhibit B. A. B. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. Preparing data and reports for assistance to OWNER in preparation for hearings before regulatory agencies, courts, arbitration panels or mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. C.Assisting OWNER in preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with Contractor(s). D.Assisting OWNER in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT. Such services, if any, shall be furnished by CONSULTANT on a fee basis negotiated by the respective parties outsideof and in addition to this AGREEMENT. E. F. Visits to the site in excess of the number of trips included in Exhibit B. Preparing statements for invoicing or other documentation for billing other than for the standard invoice for services attached to this professional services agreement. City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 2 of 23 Contract 8038 DocuSign Envelope ID: CAF70384-779D4850-825F-9E85DDCB71 1 F ARTICLE IVTIME OF COMPLETION CONSULTANT is authorized to commence work under this contract upon execution of this AGREEMENT. CONSULTANT shall perform and complete its obligations herein in a prompt and continuous manner, so as to not delay the completion of the Project in accordance with the schedules as described in Exhibit B. OWNER, any Customer, and CONSULTANT shall not be responsible for performance under the Contract should it be prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of such party . In the event of an occurrence under this Section, CONSULTANT will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and CONSULTANT continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. CONSULTANT shall immediately notify City of Denton Procurement Manager bytelephone (to be confirmed in writing within five (5) calendar days of the inception of suchoccurrence) and describe at a reasonable level of detail the circumstances causing the non- performance or delay in performance. The contract shall remain effective for a period which mayreasonably be required for the completion of the Project, acceptance by an authorized representative of the OWNER, exhaustion of authorized funds, or termination as provided in this Agreement, whichever occurs first. ARTICLE VCOMPENSATION A. COMPENSATION TERMS: 1. 2. “Subcontract Expense” is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services related to this agreement. “Direct Non-Labor Expense” is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment. B BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost estimate detail at lumpsum task/phase based rate shown in Exhibit B which is attached hereto and made a part of this Agreement as if written word for word herein, a total fee, including reimbursement for direct non-labor expenses 8200,000_. Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through its City Manager or his designee; however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or her designee, or which is City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 3 of 23 Contract 8038 DocuSign Envelope ID: CAF70384-779D4850-825F-9E85DDCB711 F not submitted in compliance with the terms of this Agreement until such non-compliance is cured. The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement. It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization from the OWNER. The CONSULTANT shall not proceed to perform the services listed in Article III “Additional Services,” without obtaining prior written authorization from the OWNER. C.ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER in Article III, the CONSULTANT shall be paid based on the Schedule of Charges at an hourly or lump sum rate shown in Exhibit B. Payments for additional services shall be due and payable upon submission by the CONSULTANT and approval by the City staff,and shall be in accordance with subsection B hereof Statements shall not be submitted more frequently than monthly. D.PAYMENT: if the OWNER fails to make payments due the CONSULTANT for services and expenses within thirty (30) days after receipt of the CONSULTANT’s undisputed statement thereof, the amounts due the CONSULTANT will be paid interest in accordance with the Texas Government Code 2251.025. Additionally, the CONSULTANT may, after giving seven (7) days’ written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges. Nothing herein shall require the OWNER to pay the late charge ifthe OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article V, “Compensation,” there is a bona fide dispute concerning the amount due, or theinvoice was not mailed to the address or in the form as described in this Agreement. The OWNER will notify CONSULTANT of any disputes within twenty-one (2 1) days of receipt of the invoice. E Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E McKinney St, Denton, TX, 76201-4299. A pro-forma invoice shall be sent to the contractadministrator. It is the intention of the City of Denton to make payment on completed orders within thirty days after receipt of invoice or items; whichever is later, unless unusualcircumstances arise. Invoices must be fully documented as to labor, materials, and equipment provided, if applicable, and must reference the City of Denton Purchase Order Number in order to be processed. No payments shall be made on invoices not listing a Purchase Order Number. City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 9/11/18 Page 4 of 23 Contract 8038 DocuSign Envelope ID: CAF70384.779D4850425F-9E85DDCB71 1 F ARTICLE VIOBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering andpromptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants. ARTICLE VIIOWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT’s subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shallbecome the property of the OWNER upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents. The documents prepared andfurnished by the CONSULTANT are intended only to be applicable to this Project, and OWNER’s use of these documents in other projects shall be at OWNER’s sole risk and expense. In the event the OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating to their use in that project. ARTICLE VIIIINDEMNITY AGREEMENT IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904.THE ARCHITECT SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINSTLIABILITY FOR ANY DAMAGE COMMITrED BY THE ARCHITECT OR ARCHITECT’SAGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICHTHE ARCHITECT EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE ISCAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL TORT.INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY ASUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITSREASONABLE ATrORNEY’S FEES IN PROPORTION TO THE ARCHITECT'SLIABILITY Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties’ defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE IX INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain insurance in compliance with the requirements of Exhibit C which is attached hereto and made a part of this Agreement as if written word for word herein. City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 5 of 23 Contract 8038 DocuSign Envelope ID: CAF70384-779D4850-825F-9E85DDCB711 F ARTICLE XALTERNATIVE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to mediation with each party bearing its own costs of mediation. No mediation arising out of or relating to this Agreement, involving one party’s disagreement may include the other party to the disagreement without the other’s approval. Mediation will not be a condition precedent to suit. ARTICLE XITERMINATION OF AGREEMENT A B. Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days’ advance written notice to the other party. This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than fifteen (15) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. C.If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER within thirty (30) days after the date of termination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article V “Compensation.” Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information. The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its use. ARTICLE XIIRESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, andsubconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents,and consultants. ARTICLE XIIINOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 6 of 23 Contract 8038 DocuSign Envelope ID: CAF70384-779D4850425F-9E85DDCB71 1 F mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days’ mailing: To CONSULTANT:To OWNER: HDR Architecture, Inc.Chad W. Anderson, AIA LEED AP BD+C 8057 N. Central Expressway, #100 Dallas, TX 75231 City of Denton Purchasing Manager –File 8038901B Texas Street Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days’ mailing. ARTICLE XIVENTIRE AGREEMENT This Agreement and related exhibits constitute the complete and final expression of this Agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE XVSEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdictionto be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision.ARTICLE XVICOMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as those laws may now read orhereinafter be amended. ARTICLE XVIIDISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, national origin or ancestry, age, or physical handicap. City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18Page 7 of 23 Contract 8038 DocuSign Envelope ID: CAF70384-779D4850-825F-9E85DDCB711 F ARTICLE XVIIIPERSONNEL A.The CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shallnot be employees or officers of, or have any contractual relations with the OWNER. CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. B.All services required hereunder will be performed by the CONSULTANT or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. ARTICLE XIXASSIGNABILITY The CONSULTANT acknowledges that this Agreement is based on the demonstrated competence and specific qualifications of the CONSULTANT and is therefore personal as to the CONSULTANT. Therefore, the CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, orotherwise) without the prior written consent of the OWNER. ARTICLE XXMODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not bewaived unless as set forth herein. ARTICLE XXIMISCELLANEOUS A.The following exhibits are attached to and made a part of this Agreement: Exhibit A – RFQ 8038 – Preparation for the Northeast Area Plan Projects for the City of Denton (on file at the purchasing office) Exhibit B – Consultant’s Scope of Services Offer, Project Schedule & Rate Sheet Exhibit C – Consultant’s Insurance Requirements What is called for by one exhibit shall be as binding as if called for by all. In the event of an inconsistency or conflict in this Agreement and any of the provisions of the exhibits, the inconsistency or conflict shall be resolved by giving precedence first to this Agreement then to the exhibits in the order in which they are listed above. City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 8 of 23 Contract 8038 DocuSign Envelope ID: CAF70384-779Dz1850825F-9E85DDCB71 1 F B.This Agreement shall be governed by, construed, and enforced in accordance with, andsubject to, the laws of the State of Texas or federal law, where applicable, without regard to the conflict of law principles of any jurisdiction. In the event there shall be any dispute arising out of the terms and conditions of, or in connection with, this Agreement, the party seeking relief shall submit such dispute to the District Courts of Denton County or if federal diversity or subject matter jurisdiction exists, to the United States District Court for theEastern District of Texas-Sherman Division. C.For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be Shai Roos. However, nothing herein shall limit CONSULTANT from using other equally qualified and competent members of its firm to perform the services required herein. D CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a reasonably sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANTshall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER. E.The OWNER shall assist the CONSULTANT by placing at the CONSULTANT’s disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement. F. G- The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. The parties agree to transact business electronically. Any statutory requirements that certain terms be in writing will be satisfied using electronic documents and signing. Electronic signing of this document will be deemed an original for all legal purposes. ARTICLE XXIIINDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status. ARTICLE XXIIIRIGHT TO AUDIT The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 9 of 23 Contract 8038 DocuSign Envelope ID: CAF70384-779D4850-825F-9E85DDCB71 1 F and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, theCONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allowthe OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER’S sole discretion, grounds for termination thereof. Each of theterms "books". "records", "documents'’ and "other evidence". as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. ARTICLE XXIV Prohibition on Contracts with Companies Boycotting Israel Contractor acknowledges that in accordance with Chapter 2271 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, Contractor certifres that Contractor’s signature provides written verification to the City that Contractor: (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. ARTICLE XXV Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or aForeign Terrorist Organization Sections 2252 and 2270 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, Contractor certiftes that Contractor’s signature provides written verification to the City that Contractor, pursuant to Chapters 2252 and 2270, is not ineligible to enter into this agreement and will not become ineligible to receive payments under this agreement by doing business wah Iran, Sudan, or a foreign terrorist organization . Failure to meet or maintain the requirements under this provision will be considered a material breach. City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 10 of 23 Contract 8038 DocuSign Envelope ID: CAF70384-779D4850425F-9E85DDCB711 F ARTICLE XXVI Prohibition on Contracts with Companies Boycotting Certain Energy Companies Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains written verification from the company that it (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms “boycott energy company“ and “company“ shall have the meanings ascribed to those terms in Section 809.001 of the Texas Government Code. By signing this agreement, Contractor certifies that Contractor’s signature provides written verifIcation to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the agreement+ Failure to meet or maintain the requirements under this provision will beconsidered a material breach. ARTICLE XXVII Prohibition on Contracts with Companies Boycotting Certain Firearm Entities andFirearm Trade Associations Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless thecontract contains written verification from the company that it (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms “discriminate against a firearm entity or firearm trade association,” “firearm entity” and “firearm trade association” shall have the meanings ascribed to those terms in Chapter 2274 of the Texas Government Code. By signing this agreement, Contractor certiPes that Contractor’s signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or Prearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or fIrearm trade association. Failure to meet ot maintain the requirements under this provision will be considered a material breach. ARTICLE XXVIII Termination Right for Contracts with Companies Doing Business with Certain Foreign- Owned Companies The City of Denton may terminate this Contract immediately without any fUrther liability if the City of Denton determines, in its sole judgment, that this Contract meets the requirements under Chapter 2274, and Contractor is, or will be in the future, (i) owned by or the majority of stock or other ownership interest of the company is held or controlled by individuals who are citizens of China, Iran, North Korea, Russia, or other designated country (ii) directly controlled by theGovernment of China, Iran, North Korea, Russia, or other designated country, or (iii) is headquartered in China, Iran, North Korea, Russia, or other designated country. City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 1 1 of 23 Contract 8038 DocuSign Envelope ID: CAF70384-779D4850-825F-9E85DDCB71 1 F ARTICLE XXIXCERTIFICATE OF INTERESTED PARTIES ELECTRONIC FILING In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Consultant submits a disclosure of interested parties (Form 1295) to the City at the time the Consultant submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Consultant will be required to furnish a Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The consultant shall: 1. 2 3 4. 5 6. Log onto the State Ethics Commission Website at : https://www .ethics.state.tx.us/filinginfo/ 1295/ Register utilizing the tutorial provided by the State Print a copy of the completed Form 1295 Enter the Certificate Number on page 2 of this contract. Complete and sign the Form 1295 Email the form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 – Form 1295) The OWNER 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. ARTICLE XXXPROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation as defined in the City’s Ethic Ordinance 18-757 and in the City Charter chapter 2 article XI(Ethics). Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the Contractor shall render the Contract voidable by the City. The Consultant shall complete and submit the City’s Conflict of Interest Questionnaire. The parties agree to transact business electronically. Any statutory requirements that certain terms be in writing will be satisfied using electronic documents and signing. Electronic signing of this document will be deemed an original for all legal purposes. City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 12 of 23 Contract 8038 DocuSign Envelope ID: CAF70384-779D4850-825F-9E85DDCB711 F anD SIGNATURE CITY OF DENTON, TEXASPrinted Name: Chad Mdersonchad Anderson – W.DocuSlgned by: SMAll, ILEY!) Title: Authorized Repre\entative Authorlzed Representat1 ve CITY MANAGER ATTEST: ROSA RIOS, CITY SECRETARY 972.960.4132 PHONE NUMBER chad.anderson@hddnc.com APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEYEMAIL ADDRESS DocuSigned by: chad . anderson@hdri nc . com TEXAS ETHICS COMMISSION 1295 CERTIFICATE NUMBER THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED lperational obligations and business terms.Scott MCDonald Di rector PRINTED NAME TITLEDevelopment ServIces DEPARTMENT City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18Page 13 of 23 Contract 8038 DocuSign Envelope ID: CAF70384-779D4850425F-9E85DDCB711 F Exhibit A RFQ 8038 – Preparation for the Northeast Area Plan (on file in the purchasing office) City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 14 of 23 Contract 8038 DocuSign Envelope ID: CAF70384-779D=t850425F-9E85DDCB71 1 F EXhIbIt B (APPENDIX B) Consultant’s Scope of Work , Project Schedule & Fee Schedule City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 15 of 23 Contract 8038 DocuSign Envelope ID: CAF70384-779D4850-825F-9E85DDCB71 IF Appendix B SCOPE OF WORK Phase 1. Getting Started. Task 100. Kickoff Meeting. The consultant and city staff (project team) will meet in-person or virtually to discuss the best way to collaborate and coordinate effectively throughout the process. The purpose of this meeting is to develop a shared understanding of the project expectations. This will be a working meeting to clarify and confirm the executed scope of work, establish the communication methods, confirm deliverables, and the project schedule. Consultant Responsibility: 1) Provide meeting Agenda, 2) Present the Community & Stakeholder Engagement Plan for city review and comment, 3) Discuss project branding - logo, colors, final report format, and website pages/layout/hosting. City Responsibility: 1) Provide a stakeholder list for informal interviews, 2) Provide a list of steering committee members and contact information, 3) Provide current plans and projects, market data, GIS files, history, demographics and statistical/market information as available. 4) Provide up-to-date base maps that include the entire study area and related layer files as needed. Task 200. Study Area Tour. Following the Kickoff Meeting, the project team will tour the study area together and share the knowledge of the area’s history and current conditions as it relates to both people and place. City Responsibility: 1) Provide transportation (if a city vehicle to accommodate everyone is not available then develop a field tour strategy/route and stops to give the consultant team) Task 300. Community & Stakeholder Engagement. Task 310. Stakeholder Interviews. We will host up to 16 hours or two full days (regardless of hours) of one-on-one interviews lasting one hour or focus group sessions with neighborhood stakeholders, students and administrators, community and business leaders, and other specific community groups lasting approximately one to two hours per session with a maximum of ten attendees per session. The purpose of this task is to get an initial understanding and perspective of the area and its opportunities and challenges by collecting stakeholder insight into the context, priorities, and perceptions related to community concerns, sensitivities, and political minefields. Consultant Responsibility: 1) Develop the questions and conduct and facilitate the interviews, 2) Work with city staff to identify up to 10 Project Ambassadors. However additional Ambassadors may be added throughout the planning process as needed (up to 10 additional ambassadors). City Responsibility: 1) Set up interviews – coordinate the date, time, place and invite interviewees or focus group participants, 2) Provide location for the interviews or focus group sessions. Task 320. Project Website. This task will consist of designing, hosting, maintaining, and updating project specific web pages. The website content will consist of the project descriptions, the planning process 1 DocuSign Envelope ID: CAF70384-779D4850-825F-9E85DDCB711 F Appendix B SCOPE OF WORK and study status, a calendar of engagement events, contact information, and will host online engagement activities as follows: • Digital surveys (one during visioning and one during plan development). Mapping Exercises – these will include interactive elements such as location pinning with comments for discussing place-based issues and ideas twice during the process (one during visioning and one during plan development). Virtual Townhall - this will include posting of exercises similar to the ones conducted during the in-person visioning workshop and can be visited at the participant’s convenience. • Consultant Responsibility: 1) Provide content for posting on the website and content for the engagement exercises. City Responsibility: 1) Create and host the website/webpages, 2) Maintain, update, and manage the website, 3) Implement the interactive mapping exercises and virtual townhall exercises (exercises may be adjusted based on existing conditions analysis and public input throughout the planning process as needed), 4) Provide the feedback data from website to the consultant within 5 days of closing the • engagement exercise. Task 330. DevelopIng Key Messages and Materials. The purpose of these key messaging packages will be to prevent confusion, misunderstandings, and misinformation from spreading in the community. We will develop 2 packages of key messages to include website content, social media messages, brochures/postcards, and ambassador speaker notes (one set of key messages at the start of the process to be used during visioning and another set of key messages to be used during plan development). Ambassadors will be a group of up to 10 stakeholders and individuals with trusted relationships within the study area. They will be identified in collaboration with city staff and their role will be to assist with public outreach and input gathering, help us build trust, and reach traditionally uninvolved groups within the community. Consultant Responsibility: 1) Develop the key messaging content and collateral (brochures/postcards, and ambassador speaker notes) 2) Assist staff in answering ambassadors’ as well as the community’s concerns and questions City Responsibility: 1) Post/Distribute the content via appropriate channels 2) Coordinate answering ambassadors’ as well as the community’s concerns and questions Phase 1 Deliverables: 1) Summary memo of public engagement activities by each event 2) Engagement Plan with preliminary dates including social media outreach dates and website posting dates 3) Updated schedule to include dates from the engagement plan 4) Stakeholder interviews/ focus group sessions summary memo 5) Branding Package (logo, colors, tagline, fonts) used for print materials and website 2 DocuSign Envelope ID: CAF70384-779D4850-825F-9E85DDCB711 F Appendix B SCOPE OF WORK 6) 7) One set of key messaging package to include social media messages, brochures/postcards, and ambassador speaker notes (to help ambassadors understand issues to be addressed, pitfalls to avoid, and provide recommendations for best approaches to gathering input and outreach) Website content reflecting the key messaging to include project description, planning process timeline, a calendar of engagement events, general feedback questions, contact information Phase 2. Inventory & Analysis. Task 400. Data Collection & Review. The goal in this phase will be to understand - How did the area come to look as it does? What is the history of land use, zoning regulations, and development patterns in the area? What shaped the look and function of the infrastructure? How has the natural environment changed? What is the history behind the relationship between the natural and built environment? We will accomplish this through the following subtasks: Task 410. Inventory of Previous studies and plans. We will complete a summary inventory of previous reports/studies that apply to the study area. This summary will identify any policies, strategies, and on- going development, mobility, and infrastructure projects that will impact the area. Task 420. GIS Data & Base Mapping: The people (socio-economic) and place (natural and built environment) based data collected as a part of Task 400 will be mapped as much as possible to assist with the existing conditions analysis in Task 430. Task 430. Existing Conditions Analysis: We will conduct a comparison of current development related policies (city regulations and deed restrictions etc.) with current land uses with the goal of identifying possible future land uses. We will also study best practices from other cities and communities that may provide relevant recommendations. In addition to development regulations and land use policies we will also review other related public policies that impact growth and change in the City including, but not limited to, those for utilities, subdivisions, street maintenance, and stormwater. The consultant team will use the existing NCTCOG and City of Denton model to identify traffic patterns and analyze potential impacts of the existing traffic forecasts on the study area. We will review existing multimodal movement and its relation to other modal plans within the City of Denton. Our team will review the existing characteristics of the built form through a windshield survey in terms of formal and informal public spaces, infrastructure, built character, historic detailing, and natural resources. TBG Partners will collect spatial environmental data and lidar topography and land cover from federal, state and local agencies, conduct field visits for natural systems inventory for accessible public spaces within study area, and conduct desktop analysis using collected spatial data and current high-resolution aerials from Nearmap. They will use this data to develop natural systems inventory maps indicating locations of: Floodplain (zone a, 500 yr, 100 yr and floodway); Wetlands (riverine, freshwater emergent, forested/shrub, freshwater ponds/lakes); Vegetation (riparian forest, riparian herbaceous and shrubland, floodplain forest, floodplain herbaceous and shrubland, grasslands, mottes, and cropland; and Soils (hydrologic groups and general suitability for supporting vegetation, stormwater BMPs, and development. Task 440. Market Analysis. We will conduct a review and analysis of market trends within the City, and the surrounding region to understand the potential for new development as well as the impact of land use policy changes on development potential within the study area. 3 DocuSign Envelope ID: CAF70384-779D4850425F-9E85DDCB711 F Appendix B SCOPE OF WORK and study status, a calendar of engagement events, contact information, and will host online engagement activities as follows: • Digital surveys (one during visioning and one during plan development). • Mapping Exercises – these will include interactive elements such as location pinning with comments for discussing place-based issues and ideas twice during the process (one during visioning and one during plan development). Virtual Townhall - this will include posting of exercises similar to the ones conducted during the in-person visioning workshop and can be visited at the participant’s convenience. Consultant Responsibility: 1) Provide content for posting on the website and content for the engagement exercises. City Responsibility: 1) Create and host the website/webpages, 2) Maintain, update, and manage the website, 3) Implement the interactive mapping exercises and virtual townhall exercises (exercises may be adjusted based on existing conditions analysis and public input throughout the planning process as needed) 4) Provide the feedback data from website to the consultant within 5 days of closing the • engagement exercise. Task 330. Developing Key Messages and Materials. The purpose of these key messaging packages will be to prevent confusion, misunderstandings, and misinformation from spreading in the community. We will develop 2 packages of key messages to include website content, social media messages, brochures/postcards, and ambassador speaker notes (one set of key messages at the start of the process to be used during visioning and another set of key messages to be used during plan development). Ambassadors will be a group of up to 10 stakeholders and individuals with trusted relationships within the study area. They will be identified in collaboration with city staff and their role will be to assist with public outreach and input gathering, help us build trust, and reach traditionally uninvolved groups within the community. Consultant Responsibility: 1) Develop the key messaging content and collateral (brochures/postcards, and ambassador speaker notes) 2) Assist staff in answering ambassadors’ as well as the community’s concerns and questions City Responsibility: 1) Post/Distribute the content via appropriate channels 2) Coordinate answering ambassadors’ as well as the community’s concerns and questions Phase 1 Deliverables: 1) Summary memo of public engagement activities by each event 2) Engagement Plan with preliminary dates including social media outreach dates and website posting dates 3) Updated schedule to include dates from the engagement plan 4) Stakeholder interviews/ focus group sessions summary memo 5) Branding Package (logo, colors, tagline, fonts) used for print materials and website 2 DocuSign Envelope ID: CAF70384-779D4850-825F-9E85DDCB71 1 F Appendix B SCOPE OF WORK 6) 7) One set of key messaging package to include social media messages, brochures/postcards, and ambassador speaker notes (to help ambassadors understand issues to be addressed, pitfalls to avoid, and provide recommendations for best approaches to gathering input and outreach) Website content reflecting the key messaging to include project description, planning process timeline, a calendar of engagement events, general feedback questions, contact information Phase 2. Inventory & Analysis. Task 400. Data Collection & Review. The goal in this phase will be to understand - How did the area come to look as it does? What is the history of land use, zoning regulations, and development patterns in the area? What shaped the look and function of the infrastructure? How has the natural environment changed? What is the history behind the relationship between the natural and built environment? We will accomplish this through the following subtasks: Task 410. Inventory of PrevIous studIes and plans. We will complete a summary inventory of previous reports/studies that apply to the study area. This summary will identify any policies, strategies, and on- going development, mobility, and infrastructure projects that will impact the area. Task 420. GIS Data & Base Mapping.' The people (socio-economic) and place (natural and built environment) based data collected as a part of Task 400 will be mapped as much as possible to assist with the existing conditions analysis in Task 430. Task 430. Existing ConditIons Analysis: We will conduct a comparison of current development related policies (city regulations and deed restrictions etc.) with current land uses with the goal of identifying possible future land uses. We will also study best practices from other cities and communities that may provide relevant recommendations. In addition to development regulations and land use policies we will also review other related public policies that impact growth and change in the City including, but not limited to, those for utilities, subdivisions, street maintenance, and stormwater. The consultant team will use the existing NCTCOG and City of Denton model to identify traffic patterns and analyze potential impacts of the existing traffic forecasts on the study area. We will review existing multimodal movement and its relation to other modal plans within the City of Denton. Our team will review the existing characteristics of the built form through a windshield survey in terms of formal and informal public spaces, infrastructure, built character, historic detailing, and natural resources. TBG Partners will collect spatial environmental data and lidar topography and land cover from federal, state and local agencies, conduct field visits for natural systems inventory for accessible public spaces within study area, and conduct desktop analysis using collected spatial data and current high-resolution aerials from Nearmap. They will use this data to develop natural systems inventory maps indicating locations of: Floodplain (zone a, 500 yr, 100 yr and floodway); Wetlands (riverine, freshwater emergent, forested/shrub, freshwater ponds/lakes); Vegetation (riparian forest, riparian herbaceous and shrubland, floodplain forest, floodplain herbaceous and shrubland, grasslands, mottes, and cropland; and Soils (hydrologic groups and general suitability for supporting vegetation, stormwater BMPs, and development. Task 440. Market Analysis. We will conduct a review and analysis of market trends within the City, and the surrounding region to understand the potential for new development as well as the impact of land use policy changes on development potential within the study area. 3 DocuSign Envelope ID: CAF70384-779Dz1850-825F-9E85DDCB71 1 F Appendix B SCOPE OF WORK Phase 2 Deliverables: 1) Inventory and Analysis Memo in Word format including maps, photos, and other supporting graphics summarizing – a) history of the area, b) analysis of current plans and regulations that impact the study area, c) analysis of the peopte living in the area and their socio-economics, d) current land use and development pattern analysis, e) inventory of mobility infrastructure, traffic and other multi-modal movement patterns and analysis of potential impacts of the existing traffic and multimodal forecasts on the study f) g) h) area, analysis of the existing character of the built forms in the area, assessment of the natural systems inventory, and market analysis summary. Phase 3. Visioning & Conceptual Plan. Task 500. Community & Stakeholder Engagement. The work in this task will be to include and collaborate with the community and facilitate the development of a community-based vision and plan. We will accomplish this through the following tasks: Task 510. Steering Committee Meetinqs. We will facilitate two dedicated steering committee meetings in this phase. The first meeting will be to introduce the consulting team, understand project expectations, issues, and opportunities from the committee’s point of view, and verify existing conditions data collected by the consultant team. The second meeting will be to share the results of the community engagement activities from the overall task 500 and the initial recommendations developed by the consultant team. Consultant Responsibility: 1) Develop the presentation materials for the meetings 2) Facilitate the meetings and track feedback City Responsibility: 1) Set up meetings – date, time, place and invitations 2) Print and distribute meeting agenda prior to the meeting 3) Provide meeting location, AV equipment, and food and drinks if needed 4) Address any city or state legal requirements for the meetings Task 520. Online Engagement. We will use the project website to gather feedback from residents and stakeholders who are unable to attend the community visioning workshop in person. The input will be conducted through: • Digital Survey to collect general perceptions and ideas using a wide range of question types, from multiple choice to open comment, to visual preference. Digital Mapping Exercise to collect place-based issues and ideas. Virtual Townhall to collect the community’s thoughts and ideas related to the area’s strengths, weaknesses, threats, and opportunities (SWOT) using exercises similar to the ones conducted during the in-person community visioning workshop. Exercises will be adjusted based on existing conditions analysis and public input throughout the planning process as needed. • • 4 DocuSign Envelope ID: CAF70384-779D4850-825F-9E85DDCB71 1 F Appendix B SCOPE OF WORK Consultant Responsibility: 1) Develop the content for online engagement 2) Provide city staff with answers to questions and comments to post online as needed 3) Record, analyze, and summarize feedback from the online engagement exercises and surveys City Responsibility: 1) Post the content on the website in appropriate formats 2) Monitor online activity for appropriateness and respond to queries 3) Collect the feedback and provide to the consultant within 5 days of closing the online engagement activities Task 530. Community Visioninq Workshop. This will be set up as an open house style workshop. We will explain the planning process and timeline, verify existing conditions data, and facilitate input exercises such as visual preference surveys, thought bubbles, mapping exercises, postcard to the future, etc. to understand issues and opportunities from the community’s point of view in the study area. The exact exercises will be determined in collaboration with city staff based on the findings from Task 300 and Task 400. Note – This activity includes Steering Committee, P&Z Commission, and the City Council particIpatIon. Consultant Responsibility: 1) Develop the materials needed for the workshop 2) Provide outreach content regarding the workshop to city staff and project ambassadors for distribution to the community 3) Staff and facilitate the workshop 4) Collect, analyze, and summarize the feedback from the workshop City Responsibility: 1) Distribute outreach messaging through various channels per the Engagement Plan 2) Provide location, AV equipment, food and drinks as needed 3) Assist consultant with room set up, welcoming and engaging the community at the workshop 4) Address any city or state legal requirements for the open meetings act. Task 540. StrategIc Foresight Workshop. We will facilitate an invitation-only, two-day workshop where a diverse (age, race, ownership, jobs, and more) group of 40 to 60 stakeholders will create four future scenarios and identify a list of common themes from these scenario stories to use as a base for developing the future vision and goals to achieve this vision. Note – This activity includes participation of the entire Steering Committee and representatives from Planning and Zoning Commission and City Council Consultant Responsibility: 1) Develop the materials needed for the workshop 2) Provide invitation language to city staff for distribution to the community 3) Staff and facilitate the workshop 4) Collect, analyze, and summarize the feedback from the workshop City Responsibility: 1) Assist consultant team in identifying the participants for the workshop 2) Coordinate inviting the participants to the workshop 3) Provide location, AV equipment, food and drinks as needed 4) Assist consultant with room set up, welcoming and engaging the community at the workshop 5 DocuSign Envelope ID: CAF70384-779D4850425F-9E85DDCB711 F Appendix B SCOPE OF WORK 5) Address any city or state legal requirements for the open meetings act. Task 550. Feedback Assessment & Analysis. We will develop and maintain a database of stakeholders, community members, and the residents that engage in this planning process at in-person events, through the website, through one-on-one meetings, committee meetings, and other forums to track the comments and feedback throughout the process. We will use sign-in sheets and website forms to track the basic demographic and location information of the participants. We will provide the city with reports/summary of the feedback received at various times per the project schedule. Task 600. Plan Development Task 610. Internal Planning & Design Workshop. Following the public engagement activities our multi- disciplinary design team will meet for an internal workshop to develop the initial Conceptual Plan, Recommendations and Strategies for the different plan elements considering both geographies and themes based on information collected, public engagement, and team expertise and knowledge. During this workshop we may create photo-simulations showing before and after scenarios, illustrations, maps, and reference images to understand and convey the community’s vision and the overall concept plan and specific site level concepts in an extremely tangible way. Task 620. Develop a Draft VIsion Statement. During the workshop in Task 610, we will analyze the information from all the public engagement activities, especially from the Strategic Foresight Workshop to craft a draft vision statement. We will work with city staff and the steering committee to refine this draft vision statement and then use the digital survey in Task 640 to gather public input regarding this draft vision statement. Task 630. Develop Draft Recommendations. Much of this work will be accomplished during Task 610 This work will involve: Analyzing expectations, growth in technological infrastructure, high dependency on small business ventures, maintaining affordable/workforce housing and creating a public realm that responds to the challenges that this community will need to address to accommodate the growth pressure while preserving the rural character, open space and environmentally sensitive land. We will consider public comments, inventory analysis, the traffic going to and through the area on key corridors such as US 380, Loop 288, and FM 428, and our team’s knowledge and experience to develop possible land use types to help accommodate growth without compromising the quality of life and character of the study area. We will also identify critical assets and other opportunities to build social and physical networks and propose up to two (2) concepts for place type building blocks, and recommendations for possible projects/focus areas that will enhance places in the public realm through design, public art, landscape, and interactive environments to create a unique sense of place that showcase the authenticity of NE Denton study area. We will use the market analysis data and the information from public engagement to develop land use, urban design, and economic development recommendations and strategies that will both accommodate development and achieve the community’s vision. We will integrate the roadway infrastructure with the proposed land uses and place types. We do this mobility assessment by utilizing the data identified through the inventory and public involvement process. We will build on our analyses to identify potential strategies and recommendations for mobility improvements in the study area. We will work with our Open Space & Recreation Planning leads to incorporate multimodal and active recreational transportation in the assessment and recommendations 6 DocuSign Envelope ID: CAF70384-779D4850-825F-9E85DDCB71 1 F Appendix B SCOPE OF WORK to ensure connectivity in the area. As part of the draft mobility assessment, we will develop up to three (3) cross sections to be applied to the study area. They will draw on the existing Thoroughfare Plan but will incorporate design aspects specific to the study area. We will use the data collected in the previous tasks to create a conceptual mobility plan for the study area. This Plan will include recommended strategies, cross-sections, and a map of the proposed multimodal transportation network. In concert with land use and mobility recommendation development, TBG Partners will develop green stormwater infrastructure (gsi) strategies. They will evaluate the natural systems inventory to determine and delineate the areas that provide the best opportunities to manage stormwater runoff from future development using green stormwater infrastructure strategies (including preservation and restoration of existing systems) to mitigate flooding, heat island impacts and filter pollutants. Speciat emphasis will be placed on identifying areas that support Denton’s greenway plan, serve as natural amenities, and provide public/shared use open spaces. These strategies will be mapped and designated as gsi management zones. They will also provide supporting documentation of the designated gsi management zones in the form of a memorandum and meet with the design team and city staff to review the findings. Task 640. Online Engagement. We will use the project website to post draft vision and draft concepts and recommendations to gather feedback from the community. The input will be conducted through: • Digital Survey to collect comments using multiple choice and open comment regarding the draft concepts and recommendations. • Digital Mapping Exercise to collect comments related to place-based concepts and recommendations • Comment Board to collect general comments and questions related to the draft concepts and recommendations Consultant Responsibility: 1) Develop the content for online engagement 2) Provide outreach content regarding the website and feedback request to city staff and project ambassadors for distribution to the community 3) Provide city staff with answers to questions and comments to post online as needed 4) Record, analyze, and summarize feedback from the online engagement exercises and surveys City Responsibility: 1) Distribute outreach messaging through various channels per the Engagement Plan 2) Post the content on the website in appropriate formats 3) Monitor online activity for appropriateness and respond to queries 4) Collect the feedback and provide to the consultant within 5 days of closing the online engagement activities Task 650. CAy Project Team RevIew Meeting. A draft set of recommendations will be provided for the city to review and comment on. One set of edits based on city comments will be incorporated into a draft document which will be used to develop the Implementation Strategies. City Responsibility: 1) Collect the feedback from the review team into one document in a mutually agreed upon format per the project schedule. 7 DocuSign Envelope ID: CAF70384-779D4850-825F-9E85DDCB71 1 F Appendix B SCOPE OF WORK Task 660. Joint Steerinq Committee, Planninq & Zoning Commission, and City Council Workshop. We will facilitate a committee meeting to discuss the draft recommendations at this joint workshop. Consultant Responsibility: 1) Develop the presentation materials for the meetings 2) Facilitate the meeting and track feedback City Responsibility: 1) Set up meeting – date, time, place and invitations 2) Print and distribute meeting agenda prior to the meeting 3) Provide meeting location, AV equipment, and food and drinks if needed 4) Address any city or state legal requirements for the open meetings act Phase 3 Deliverables: 1) Public Engagement Memo in Word format (including graphics) summarizing each of the public engagement activities and feedback received, the resulting vision statement, and the goals and objectives for the future of the study area. 2) Memo in Word format including maps, photos, and other supporting graphics summarizing the recommendations per the agreed upon table of contents to include at a minimum recommendations related to: a. Land Use –writeup of recommended future land uses and character types including open space, parks and housing with supporting imagery, and applicable graphics, images and proposed future land use map. b. Mobility –writeup of mobility assessment including up to three (3) cross-section renderings, recommended strategies, and a map of the proposed multimodal transportation network. c. Development Pattern/ Placemaking – renderings and supporting writeup of proposed recommendations for up to 50 acres in size for two (2) possible focus/catalyst areas including recommended place type building blocks and street character for each area. We will also include 3D renderings, inspirational imagery, and write up as applicable of recommendations to enhance places in the public realm through design, public art, landscape, and interactive environments to create the future vision as determined during the visioning phase. d. Green Infrastructure –writeup with supporting maps and graphics of recommended strategies to preserve, restore and enhance natural features that provide valuable infrastructure, quality of life, environmental and aesthetic value services. e. Economic Development –writeup, images and maps as applicable of recommended economic development programs and policies proposed to help advance the future vision of the area. Phase 4. Implementation Strategies & Plan Assembly. Task 700. Community & Stakeholder Engagement. Task 710. Implementation Workshop. Once the recommendations are finalized, we will facilitate a two- to-four hour workshop with the city staff, steering committee, and partner agencies that make financial, infrastructure, and development related decisions (such as Denton County, TxDOT, DCTA, city department directors, Denton ISD superintendent, developers and preservation groups/non-profits), to 8 DocuSign Envelope ID: CAF70384-779D4850-825F-9E85DDCB711 F Appendix B SCOPE OF WORK ensure that the solutions are locally produced and “do-able” for the community. The goal of this workshop will be to help build additional consensus to aid partner agencies in their decision making and to ensure implementation by engaging decision makers in validating the identified action steps, priorities, funding, and partnerships needed to implement the Plan recommendations. Consultant Responsibility: 1) Develop the materials needed for the workshop 2) Provide invitation language to city staff for distribution to the community 3) Staff and facilitate the workshop 4) Collect, analyze, and summarize the feedback from the workshop City Responsibility: 1) Assist consultant team in identifying the participants for the workshop 2) Coordinate inviting the participants to the workshop 3) Provide location, AV equipment, food and drinks as needed 4) Assist consultant with room set up, welcoming and engaging the participants at the workshop 5) Address any city or state legal requirements for the open meetings act. Task 720. Develop Draft Implementation Strategies. Majority of this work will be accomplished during the workshop described in Task 710. Following that workshop, we will develop a set of action steps and preliminary implementation strategies including identification of funding mechanisms to accomplish the recommended projects, programs, and policies in Task 600. Task 730. Steering Committee MeetIng. We will facilitate a third steering committee meeting to discuss proposed implementation strategies to achieve the proposed recommendations with the Steering Committee. Consultant Responsibility: 1) Develop the presentation materials for the meetings 2) Facilitate the meeting and track feedback City Responsibility: 1) Set up meeting – date, time, place, and invitations 2) Print and distribute meeting agenda prior to the meeting 3) Provide meeting location, AV equipment, and food and drinks if needed 4) Address any city or state legal requirements for the open meetings act Task 740. Community Open House. The purpose of this Open House will be to validate that the Plan is responsive to community. This will be an opportunity for the overall community to tell us what they think of the ideas and designs as well as the suggested action steps developed by the project team, and to validate them or suggest final changes to them prior to finalizing the Plan document. Note – This activity includes Steering Committee, P&Z Commission, and the City Council participation. Consultant Responsibility: 1) Develop the materials needed for the workshop 2) Provide outreach content regarding the workshop to city staff and project ambassadors for distribution to the community 3) Staff and facilitate the workshop 4) Collect, analyze, and summarize the feedback from the workshop 9 DocuSign Envelope ID: CAF70384-779D4850-825F-9E85DDCB711 F Appendix B SCOPE OF WORK City Responsibility: 1) Distribute outreach messaging through various channels per the Engagement Plan 2) Provide location, AV equipment, food and drinks as needed 3) Assist consultant with room set up, welcoming and engaging the community at the workshop 4) Address any city or state legal requirements for the open meetings act. Task 750. Online Engagement. We will use the project website to post draft vision, goals and objectives, concepts and recommendations, and implementation strategies to gather feedback from the community by allowing residents and stakeholders who may not be able to attend the community open house a chance to provide feedback to ensure that everyone in the community is given the opportunity to review, comment, and validate that the recommendations and implementation strategies correctly translate the community’s vision into the Plan. The input will be conducted through: • Comment Board to collect general comments and questions related to the draft vision, goals and objectives, concepts and recommendations, and implementation strategies being proposed in the NE Denton area plan. Consultant Responsibility: 1) Develop the content for online engagement 2) Provide outreach content regarding the website and feedback request to city staff and project ambassadors for distribution to the community 3) Provide city staff with answers to questions and comments to post online as needed 4) Record, analyze, and summarize feedback from the online engagement exercises and surveys City Responsibility: 1) Distribute outreach messaging through various channels per the Engagement Plan 2) Post the content on the website in appropriate formats 3) Monitor online activity for appropriateness and respond to queries 4) Collect the feedback and provide to the consultant within 5 days of closing the online engagement activities Task 800. Plan Documentation. Task 810. Assemble Draft Final Plan Document. A draft final report documenting the gaps and needs in the study area, vision, goals, recommendations, and implementation strategies developed during the previous tasks be compiled together in this Task. The draft final plan document will be largely graphic and easy to understand for multiple and diverse audiences and stakeholders. The technical data and information will be contained in the appendix. Task 820. City Project Team Review Meeting. A draft of the draft final plan document will be provided for the city to review and comment on. One set of edits based on city comments will be incorporated into a draft plan document to be presented for adoption by the City Council. City Responsibility: 1) Collect the feedback from the review team into one document in a mutually agreed upon format per the project schedule. Phase 4 Deliverables: 1) Summary memo of public engagement activities by each event 10 DocuSign Envelope ID: CAF70384-779D4850-825F-9E85DDCB711 F Appendix B SCOPE OF WORK 2) Memo in Word format including applicable graphics summarizing the proposed implementation strategies and action steps to achieve the future vision and proposed concepts and recommendations. 3) Draft of draft final plan document in InDesign format with writeup and applicable final graphics, images, 3D renderings, and maps. Phase 5. Plan Adoption. Task 900. Meetings. Task. 910. Joint P&Z and CC Workshop A member of the HDR team will present the draft final plan document at a joint P&Z City Council work session. Task. 920. P&Z Public Hearing A member of the HDR team will present the draft final plan document at a P&Z public hearing for a recommendation to City Council. Task. 930. City Council Public HearIng A member of the HDR team will present the draft final plan document at a City Council public hearing for adoption of the plan. Task 940. Final Plan. We will make up to two sets of edits to the Final plan during this Phase 5. We request that each set of comments be in the form of one consolidated set as redlines, Adobe Acrobat notes, or similar method. In addition to collecting and packaging the electronic files of the backup data used to produce the Final Plan, we will also develop a performance-monitoring spreadsheet to assist staff in tracking the various recommendations in the plan and deliver these as a part of the Close Out meeting Task. 950. City ProJect Team Close Out Meeting Once the plan is adopted, we will meet with city staff for Project Close Out meeting to debrief on the overall planning process and deliver the packaged final plan digital files and the performance tracker. Consultant Responsibility: 1) Develop the presentation materials for the meetings 2) Facilitate the meeting and track feedback City Responsibility: 1) Set up meetings – date, time, place and invitations 2) Print and distribute meeting agenda prior to the meeting 3) Provide meeting location, AV equipment, and food and drinks if needed 4) Address any city or state legal requirements for the open meetings act Phase 5 Deliverables: 1) Final plan document in PDF and InDesign format with writeup and applicable final graphics, images, 3D renderings, and maps. 2) Packaged electronic files of the final plan document in Word format, jpeg images and renderings in PDF format and ArcGIS shapefiles for maps included in the final plan. 3) An excel spreadsheet plan performance tracker 11 DocuSign Envelope ID: CAF70384-779D4850-825F-9E85DDCB71 1 F Appendix B PROJECT MANAGEMENT Our project management team will work with the city staff to create a clear communication plan at the start of the process in keeping with our “No Surprise" project management rule. Project Communication. Our team will function as an extension of city staff and keep open and transparent communication channels. While our team’s leadership will be the first line of communication throughout the process, our entire team will always be available to consult on any questions or clarifications that staff and/or stakeholders may want to discuss. Throughout the process, our team leadership will communicate our progress, assumptions, opportunities, and challenges to the city’s project team. We accomplish this through the following tasks: Management of Work Activities – The Project Management team (PM and Deputy PM) will manage project activities and work to verify they are in accordance with city requirements and State statutes, regulations, guidelines and other city practices, criteria, specifications, policies, and procedures, as identified per project scope and budget. •Program Schedule – HDR will prepare the detailed graphic Project Schedule indicating tasks, critical dates, milestones, deliverables, and city review requirements. The team PM will review progress during coordination meetings and should reviews indicate a substantial change in progress, the schedule shall be updated as necessary. Issues that need resolution or action items shall be identified in the progress report. Invoice Preparation and Submittal – HDR will prepare monthly invoices stating percentage of work completed during by Phase during the invoice period and associated fees. The invoice will also show fees paid to date and remaining fees by major tasks per fee schedule. Each invoice shall also include a copy of the progress report for the period covered by the invoice. Each progress report shall specify deliverables that were completed during that month, physical percent complete for that work, list of meetings attended, account of work that was done that did not result in a deliverable, whether the work is on schedule for timely delivery or not, issues that may delay the work in the future, actions by city or other remedial actions that are required, and for the following month, the anticipated work that shall be performed and the deliverables that shall be submitted. Kickoff and Coordination Meetings – HDR team will attend a kickoff meeting with the city to be held immediately after Notice to Proceed is issued. Bi-weekly (30 minutes) virtual Project Manager coordination meetings (up to 20 project coordination meetings) shall be held at regular intervals as determined with the city’s Project Manager. Action Tracking Log– HDR PM shall develop and maintain a log of action items throughout the project’s lifespan. The log shall identify action items, their status, responsible parties, date assigned, and date completed. The PM shall review and update the tracking log with the city during coordination meetings. •Managing Change – HDR PM will communicate in a timely manner the types of change that may occur in the project including schedule, personnel, scope, and work product changes. The city approved change(s) shall then be incorporated into the project schedule in a timely fashion to reduce unnecessary rework. No personnel changes will be made without city approval. This approval will be in form of email communication from the City’s Project Manager. 12 DocuSign Envelope ID: CAF70384-779D4850-825F-9E85DDCB71 1 F Appendix B PROJECT MANAGEMENT • Information Technology - HDR team will establish and maintain a project site (SharePoint or MS Teams) for internal and external transfer of project data, document management, and project scheduling and coordination. Quality Control Plan. Our QA/QC program will help ensure that the project documents conform with the contract and scope of work; are neat, well organized, dear, concise, and complete; are technically and grammatically sound; and comply with generally accepted standards. We will accomplish this through the following tasks: • QA/QC Plan – HDR will establish an internal QA/QC plan to be implemented by the project team. It shall outline review processes for the deliverables including review for accuracy, completeness, and compliance with best practices before any deliverable is issued to you or other reviewing agencies. • Document Control – HDR PM will create a project mailbox and project folder in SharePoint or MS Teams to govern distribution of data and file copies of all project-related correspondence, reports, plans, and technical data. • Project Files – HDR will assemble, maintain, and deliver project files (electronic and hard copy) to the city with a complete index at project close out. • Subconsultant Management – HDR will prepare subcontracts for subconsultants and direct, monitor, and review suk)consultant activities and work. HDR will include subconsultant invoices with the overall HDR invoice 13 DocuSign Envelope ID: CAF70384-779D4850-825F-9E85DDCB71 1 F Appendix B EXPECTATIONS We believe that successful client-consultant relationships are built upon a shared understanding of goals and expectations that goes beyond the negotiated scope of work and contract. We would desire to begin the project by entering a collaborative mindset with the city team. Clarifying goals and expectations at the beginning of a consulting relationship is critical to the success of the project. To that end we facilitate the kickoff meeting to ensure everyone gets on the same page about goals and expectations together. While the nature of each project influences the list of goals and expectations, the following are some standard overarching principles that list our goals and expectations for the NE Denton Area Plan Preparation: We would share with the city these goals: 1) We all want to produce a quality product 2) We all want to meet the schedule 3) We all want to stay on budget 4) We all want to gain mutual trust and confidence 5) We all want to create the groundwork for implementable recommendations We would share with the city these expectations: 1) We engage in ongoing and up-front problem-solving dialogues 2) We clearly delineate roles and duties 3) We create realistic timelines and budgets 4) We sign-off and cross-check on key decisions/deliverables 5) We have a shared understanding of each other’s business/operation 6) We routinely communicate to build a trusting relationship 7) We become a team rather than internal/external partners We expect the final list of expectations to be developed in partnership with the city staff during the final negotiation of the scope, schedule, and fee. However, below are some examples of expectations/assumptions made in this draft scope, schedule, and pricing proposal: The following general expectations and assumptions are in addition to the responsibilities included within Appendix A, Scope of work: City Responsibility - 1) Prior to starting the work or within a month of notice to proceed the city will: • Establish the Steering Committee • Provide a list of stakeholders and ambassadors The city will be responsible for posting social media messages and spreading the word about the planning process and engagement events through their existing communication channels. 2) 3) The city will provide planning staff to attend and assist with the engagement events. 4) The city staff will be responsible for the set up and logistics (date, time, place, agenda, legal notification, and communicating logistics) of city board meetings including the Steering Committee. The city staff will provide the existing and future conditions data and existing plans and studies related to the study area in digitally modifiable format (GIS shapefiles, databases, Word documents, etc.) as available within a week of issuing the notice to proceed. The city staff will be responsible for meeting room & equipment rentals and setup, meeting food and drinks 5) 6) 14 DocuSign Envelope ID: CAF70384-779D4850425F-9E85DDCB71 1 F Appendix B EXPECTATIONS 7) 8) 9) The city staff will be responsible for printing meeting materials for internal and city board meetings. The city staff will assist in procuring information from other jurisdictions as needed, for example – Denton County, Electric and Gas companies, TXDOT, NCTCOG etc. The city will process all invoices in a timely manner and provide timely change orders and notice to proceed for any mutually agreed upon additional services. Consultant Responsibility: 1) The consultant will provide the deliverables as per Appendix A - Scope of Work and as mutually agreed upon during project coordination meetings. 2) The consultant will be responsible for creating/developing meetings and engagement activity materials and for printing and providing public meeting materials such as maps, and items needed for such engagement exercises and activities. 3) The consultant will be responsible for preparing meeting materials and presenting/facilitating all project related meetings. 15 LUJaonX= 18S qg B0aa gla bE8C8 Oaa B If : qa g g6 }gI LEI eIIU)dd ma& !gB +O• + + + 3oeK= 188 q::: B0nza LUJ + # ++ e + gI T)gEaEg:IiIw l£}};gg}}{{ gl:&1 1 1 Iv)yEaeCga Bd3eISg < >Aa LL 8an U If gFe g &C)Fi ggl IiI IIEij{{3 'SiinOCtB g6a) 3 ka PI !EIiIiF 8 A 8l8l8l8l8l8tAI Ln ILnl Ln ILnl Ln XTTTTTI[[[url[[[[ITI[[[[[[mm mIIiTTII[[[[TH[[HIH[[HITIHITHa HgII I 3onX=gSI nca LUJ t+[WW+[[[[[I[[HIHn a) E41Eg:IiIel Q 1lgl I I I"C ,1 lg iI I Ii IS alaiiHCIU iI 8a >A3ar BIgii{{LL inOag fBq) g g E g &C)6 & bIrl iT) Ig heCiEjaLlbZ ole lol elo81 gIgI BIg 8l8l8l8caIrn jenIN)el ole lola lo01 HI all faI qQ Ibn sIRI g 18l81 sLOI LOI to lol LOI toU + #1 1 yaonX=l98 aa la }},li{a3a)E le a LL inOaa HL :Dr g & IiI in B :CIi) a 5191 §l jl:iiiOIE I &g13jgl £l Ipl lg B &E+ U DocuSign Envelope ID: CAF70384-779D4850-825F-9E85DDCB711 F Appendix B FEE SCHEDULE DETAIL TASKS COST PHASE 0 PROJECT MANAGEMENT $ 15,000.00 1000 010 020 030 040 Coordination Develop Proiect Management Plan Team Meetings and Communicationse o PHASE 1 1 GETTING STARTED I $ A $ A 22,000.00 4,000.00 L 3,000.00 15,000.00o a e e lmenttwo deW $ 1 5,500.00PHASE 2 INVENTORY & ANALYSIS 400 410 420 430 440 Data Collection and Review Inventory of Previous Studies and PlansGIS Data & Base Mappin os 1 PHASE 3 VISIONING & CONCEPTUAL PLAN $ 70,000.00 2500 510 520 530 540 550 Community & Stakeholder Engagement Steering Committee Meetings (#i am Online Engagement s Strategjc FHmm Feedback Assesm & Analysis 600 610 620 630 640 650 660 Plan Development Internal Planning & Design WorksholDevelop Draft Vision Statement Develop Draft Recommendations - LEconomic Development Online Engagement r Joint Steering Committee, P&Z, and $ 45,000.00 Ind, Infrasructure, & CC Meetin 16 DocuSign Envelope ID: CAF70384-779D4850-825F-9E85DDCB711 F Appendix B FEE SCHEDULE DETAIL TASKS COST PHASE 4 IMPLEMENTATION STRATEGIES & AREA PLAN ASSEMBLY $ 60,000.004 0700 710 720 730 740 750 Community & Stakeholder EngagementImplementa Develop Draft Implementation Strategjes Steering Committee Meeting (#3Commue Online Engagement 800 810 820 Plan Documentation e I 2 0.00 PHASE 5 PLAN ADOPTION $ 14,000.00 900 910 920 930 940 950 Meetings $ 14,000.00Joint P&Z and CC WorksholP&Z Public Hearin City Council Public Hearin.Final Plan City Project Team Close Out Meetin TOTAL LABOR COST $ 196,500.00 $ 3,500.00EXPENSES TOTAL LUMP SUM PROJECT FEE $ 200,000.00 17 DocuStgn Envelope ID: CAF70384-779D4850425F-9E85DDCB71 1 F Appendix B FEE SCHEDULE Note: Additional Meetings can be provided at an additional cost per the fee schedule below: Meeting Details Cost/ meeting Stakeholder Interviews/Focus Groups – assuming two (2) consultant staff, one (1) hour for interview and two (2) hours for focus group & including feedback analysis and incorporation • using already prepared materials: Interviews/Focus Groups • including new materials/content preparation: Interviews/Focus Groups $ 600/ $1,000 $1,250/ 1,650 Meetings with Steering Committee – assuming one (1) consultant staff, two (2) hour meeting & including presentation preparation and feedback analysis $2,500 Community Visioning Workshop/ Open House – assuming two (2) consultant staff, up to four (4) hour consultant staff time, materials/content preparation, and feedback analysis and incorporation Strategic Foresight Workshop – assuming two (2) consultant staff, 16 hours or two-days consultant staff time, use of existing materials, and feedback analysis and incorporation Implementation Workshop - assuming two (2) consultant staff, up to four (4) hour consultant staff time, using existing materials/content, and feedback analysis and incorporation $5,500/7,500 $15,000 $5,500/7,500 Meetings with P&Z and CC - assuming one (1) consultant staff, two (2) hour meeting & including presentation preparation and feedback analysis $3,500 18 DocuSign Envelope ID: CAF70384-779D4850-825F-9E85DDCB711 F Appendix B 2023 HOURLY RATES for HDR ARCHITECTURE, Inc. PERSONNEL TITLE MMr Expert $368_on $306.00 $295_Da 5229_DO 5298_oo $349,ac $278_DO $234.00 $146_00 5234_on 5168.ac. $206.00 $194.00 $104.00 $306_on $ 166_ttO $la4.DO $208.00 $277.00 5194_DO $ 277_DOSIR4.oo $ 127.on $277,m $277.00 $134_OO $ 127.00 $196.00 $ 166_on 529~4.oo $ 150_OO $ 179.ttC 5272_tIe 5155.ac $228.00 $294 ,DO $ 112.DO 5244,ac $201.00 $ 150.00 $ 193.00 $ 189.00 $ 123_DO SIllS.ac ManagirB Principal Pantipal Prajert hWa Sr_ Project Man%er Sr_ Design Principal Sr, Project Designer Project Designer r }r_ Project Architect Project Architect a:ice BIM Manager Sr_ Project Coordinator Prnjett Coordinator Sr_ Arch i tenure Planner r Interiors Basener Sustainable Designer Sr_ Civil Project Engineer Civil Project Engineer Tr=je :: E- Gi :ger Strurtural Praj Structural t>rafter EnEineer Sr_ Plurnbing Designer =&ihanical Plcj£ =t Engineer RXechanitat Project Engineer Me;Ea Mechanical Project Coortlirwtnr Mechanital [>rafter r Electrical EITine trItai Or=her Security L= =sIgner Electronic Security Specialist PhysIcal Security Specialist Sr_ Landscape Project Architect LiarId::ape F'rc.j€R Coordinator Sr_ Construction CDntract Achnirti5trator [unsEr u=tian Co r,tract Ad m :n:stratc:r '=raphit De5igni Fr. fire Protect’o n Er,E:near Equipment Planner Steno Clerical Sr_ Administrative 19 DocuSign Envelope ID: CAF70384-779D=1850-825F-9E85DDCB71 1 F Appendix B SCOPE OF WORK Phase 1. Gettinq Started. Task 100. Kickoff Meeting. The consultant and city staff (project team) will meet in-person or virtually to discuss the best way to collaborate and coordinate effectively throughout the process. The purpose of this meeting is to develop a shared understanding of the project expectations. This will be a working meeting to clarify and confirm the executed scope of work, establish the communication methods, confirm deliverables, and the project schedule. Consultant Responsibility: 1) Provide meeting Agenda, 2) Present the Community & Stakeholder Engagement Plan for city review and comment, 3) Discuss project branding - logo, colors, final report format, and website pages/layout/hosting. City Responsibility: 1) Provide a stakeholder list for informal interviews, 2) Provide a list of steering committee members and contact information, 3) Provide current plans and projects, market data, GIS files, history, demographics and statistical/market information as available. 4) Provide up-to-date base maps that include the entire study area and related layer files as needed. Task 200. Study Area Tour. Following the Kickoff Meeting, the project team will tour the study area together and share the knowledge of the area’s history and current conditions as it relates to both people and place. City Responsibility: 1) Provide transportation (if a city vehicle to accommodate everyone is not available then develop a field tour strategy/route and stops to give the consultant team) Task 300. Community & Stakeholder Engagement. Task 3 IO. Stakeholder Interviews. We will host up to 16 hours or two full days (regardless of hours) of one-on-one interviews lasting one hour or focus group sessions with neighborhood stakeholders, students and administrators, community and business leaders, and other specific community groups lasting approximately one to two hours per session with a maximum of ten attendees per session. The purpose of this task is to get an initial understanding and perspective of the area and its opportunities and challenges by collecting stakeholder insight into the context, priorities, and perceptions related to community concerns, sensitivities, and political minefields. Consultant Responsibility: 1) Develop the questions and conduct and facilitate the interviews, 2) Work with city staff to identify up to 10 Project Ambassadors. City Responsibility: 1) Set up interviews – coordinate the date, time, place and invite interviewees or focus group participants, 2) Provide location for the interviews or focus group sessions. Task 320. Project WebsIte. This task will consist of designing, hosting, maintaining, and updating project specific web pages. The website content will consist of the project descriptions, the planning process 1 DocuSign Envelope ID: CAF70384-779DJ1850-825F-9E85DDCB71 1 F Appendix B SCOPE OF WORK and study status, a calendar of engagement events, contact information, and will host online engagement activities as follows: • Digital surveys (one during visioning and one during plan development). • Mapping Exercises – these will include interactive elements such as location pinning with comments for discussing place-based issues and ideas twice during the process (one during visioning and one during plan development). • Virtual Townhall - this will include posting of exercises similar to the ones conducted during the in-person visioning workshop and can be visited at the participant’s convenience. Consultant Responsibility: 1) Provide content for posting on the website and content for the engagement exercises. City Responsibility: 1) Create and host the website/webpages, 2) Maintain, update, and manage the website, 3) Develop the programming for the engagement activities such as interactive mapping exercises and virtual townhall exercises, 4) Provide the feedback data from website to the consultant within 3 days of closing the engagement exercise. Task 330. DevelopIng Key Messages and Materials. The purpose of these key messaging packages will be to prevent confusion, misunderstandings, and misinformation from spreading in the community. We will develop 2 packages of key messages to include website content, social media messages, brochures/postcards, and ambassador speaker notes (one set of key messages at the start of the process to be used during visioning and another set of key messages to be used during plan development). Ambassadors will be a group of up to 10 stakeholders and individuals with trusted relationships within the study area. They will be identified in collaboration with city staff and their role will be to assist with public outreach and input gathering, help us build trust, and reach traditionally uninvolved groups within the community. Consultant Responsibility: 1) Develop the key messaging content and collateral (brochures/postcards, and ambassador speaker notes) 2) Assist staff in answering ambassadors’ as well as the community’s concerns and questions City Responsibility: 1) Post/Distribute the content via appropriate channels 2) Coordinate answering ambassadors’ as well as the community’s concerns and questions Phase 1 Deliverables: 1) Engagement Plan with preliminary dates including social media outreach dates and website posting dates+ 2) Updated schedule to include dates from the engagement plan* 3) Stakeholder interviews/ focus group sessions summary memo 4) Branding Package (logo, colors, tagline, fonts) 5) One set of key messaging package to include social media messages, brochures/postcards, and ambassador speaker notes (to help ambassadors understand issues to be addressed, pitfalls to avoid, and provide recommendations for best approaches to gathering input and outreach) 2 DocuSign Envelope ID: CAF70384-779D4850-825F-9E85DDCB71 1 F Appendix B SCOPE OF WORK 6) Website content reflecting the key messaging to include project description, planning process timeline, a calendar of engagement events, general feedback questions, contact information Phase 2. Inventory & Analysis. Task 400. Data Collection & Review. The goal in this phase will be to understand - How did the area come to look as it does? What is the history of land use, zoning regulations, and development patterns in the area? What shaped the look and function of the infrastructure? How has the natural environment changed? What is the history behind the relationship between the natural and built environment? We will accomplish this through the following subtasks: Task 410. Inventory of PrevIous studIes and plans. We will complete a summary inventory of previous reports/studies that apply to the study area. This summary will identify any policies, strategies, and on- going development, mobility, and infrastructure projects that will impact the area. Task 420. GIS Data & Base Mapping: The people (socio-economic) and place (natural and built environment) based data collected as a part of Task 400 will be mapped as much as possible to assist with the existing conditions analysis in Task 430. Task 430. ExistIng Conditions Analysis: We will conduct a comparison of current development related policies (city regulations and deed restrictions etc.) with current land uses with the goal of identifying possible future land uses. We will also study best practices from other cities and communities that may provide relevant recommendations. In addition to development regulations and land use policies we will also review other related public policies that impact growth and change in the City including, but not limited to, those for utilities, subdivisions, street maintenance, and stormwater. The consultant team will use the existing NCTCOG and city of Denton model to identify traffic and multimodal movement patterns and analyze potential impacts of the existing traffic and multimodal forecasts on the study area. Our team will review the existing characteristics of the built form through a windshield survey in terms of formal and informal public spaces, infrastructure, built character, historic detailing, and natural resources TBG Partners will collect spatial environmental data and lidar topography and land cover from federal, state and local agencies, conduct field visits for natural systems inventory for accessible public spaces within study area, and conduct desktop analysis using collected spatial data and current high-resolution aerials from Nearmap. They will use this data to develop natural systems inventory maps indicating locations of: Floodplain (zone a, 500 yr, 100 yr and floodway); Wetlands (riverine, freshwater emergent, forested/shrub, freshwater ponds/lakes); Vegetation (riparian forest, riparian herbaceous and shrubland, floodplain forest, floodplain herbaceous and shrubland, grasslands, mottes, and cropland; and Soils (hydrologic groups and general suitability for supporting vegetation, stormwater BMPs, and development. Task 440. Market Analysis. We will conduct a review and analysis of market trends within the City, and the surrounding region to understand the potential for new development as well as the impact of land use policy changes on development potential within the study area. 3 DocuSign Envelope ID: CAF70384-779D4850425F-9E85DDCB711 F Appendix B SCOPE OF WORK Phase 2 Deliverables: 1) Memo in word format including maps, photos, and other supporting graphics summarizing – a) history of the area, b) analysis of current plans and regulations that impact the study area, c) analysis of the people living in the area and their socio-economics, d) current land use and development pattern analysis, e) inventory of mobility infrastructure, traffic and other multi-modal movement patterns and analysis of potential impacts of the existing traffic and multimodal forecasts on the study f) g} h) area, analysis of the existing character of the built forms in the area, assessment of the natural systems inventory, and market analysis summary. Phase 3. Visioning & Conceptual Plan. Task 500. Community & Stakeholder Engagement. The work in this task will be to include and collaborate with the community and facilitate the development of a community-based vision and plan. We will accomplish this through the following tasks: Task 510. SteerIng CommIttee Meetings. We will facilitate two committee meetings in this phase. The first meeting will be to introduce the consulting team, understand project expectations, issues, and opportunities from the committee’s point of view, and verify existing conditions data collected by the consultant team. The second meeting will be to share the results of the community engagement activities from the overall task 500 and the initial recommendations developed by the consultant team. Consultant Responsibility: 1) Develop the presentation materials for the meetings 2) Facilitate the meetings and track feedback City Responsibility: 1) Set up meetings – date, time, place and invitations 2) Print and distribute meeting agenda prior to the meeting 3) Provide meeting location, AV equipment, and food and drinks if needed 4) Address any city or state legal requirements for the meetings Task 520. Online Engagement. We will use the project website to gather feedback from residents and stakeholders who are unable to attend the community visioning workshop in person. The input will be conducted through: • Digital Survey to collect general perceptions and ideas using a wide range of question types, from multiple choice to open comment, to visual preference. • Digital Mapping Exercise to collect place-based issues and ideas. • Virtual Townhall to collect the community’s thoughts and ideas related to the area’s strengths, weaknesses, threats, and opportunities (SWOT) using exercises similar to the ones conducted during the in-person visioning workshop. Consultant Responsibility: 1) Develop the content for online engagement 4 DocuSign Envelope ID: CAF70384-779D4850425F-9E85DDCB71 1 F Appendix B SCOPE OF WORK 2) Provide city staff with answers to questions and comments to post online as needed 3) Record, analyze, and summarize feedback from the online engagement exercises and surveys City Responsibility: 1) Post the content on the website in appropriate formats 2) Monitor online activity for appropriateness and respond to queries 3) Collect the feedback and provide to the consultant within 3 days of closing the online engagement activities Task 530. Community Visioninq Workshop. This will be set up as an open house style workshop. We will explain the planning process and timeline, verify existing conditions data, and facilitate input exercises such as visual preference surveys, thought bubbles, mapping exercises, postcard to the future, etc. to understand issues and opportunities from the community’s point of view in the study area. The exact exercises will be determined in collaboration with city staff based on the findings from Task 300 and Task 400. Note – This activity includes Steering Committee, P&Z Commission, and the City Council partICIpation. Consultant Responsibility: 1) Develop the materials needed for the workshop 2) Provide outreach content regarding the workshop to city staff and project ambassadors for distribution to the community 3) Staff and facilitate the workshop 4) Collect, analyze, and summarize the feedback from the workshop City Responsibility: 1) Distribute outreach messaging through various channels per the Engagement Plan 2) Provide location, AV equipment, food and drinks as needed 3) Assist consultant with room set up, welcoming and engaging the community at the workshop 4) Address any city or state legal requirements for the open meetings act. Task 540. Strategic Foresight Workshop. We will facilitate an invitation-only, two-day workshop where a diverse (age, race, ownership, jobs, and more) group of 40 to 60 stakeholders will create four future scenarios and identify a list of common themes from these scenario stories to use as a base for developing the future vision and goals to achieve this vision. Note – This activity includes participation of the entire Steering Committee and representatives from Planning and Zoning Commission and City Council. Consultant Responsibility: 1) Develop the materials needed for the workshop 2) Provide invitation language to city staff for distribution to the community 3) Staff and facilitate the workshop 4) Collect, analyze, and summarize the feedback from the workshop City Responsibility: 1) Assist consultant team in identifying the participants for the workshop 2) Coordinate inviting the participants to the workshop 3) Provide location, AV equipment, food and drinks as needed 4) Assist consultant with room set up, welcoming and engaging the community at the workshop 5) Address any city or state legal requirements for the open meetings act. 5 DocuSign Envelope ID: CAF70384-779D4850-825F-9E85DDCB711 F Appendix B SCOPE OF WORK Task 550. Feedback Assessment & Analysis. We will develop and maintain a database of stakeholders, community members, and the residents that engage in this planning process at in-person events, through the website, through one-on-one meetings, committee meetings, and other forums to track the comments and feedback throughout the process. We will use sign-in sheets and website forms to track the basic demographic and location information of the participants. We will provide the city with reports/summary of the feedback received at various times per the project schedule. Task 600. Plan Development Task 610. Internal Planning & Design Workshop. Following the public engagement activities our multi- disciplinary design team will meet for an internal workshop/charrette to develop the initial Conceptual Plan, Recommendations and Strategies for the different plan elements considering both geographies and themes based on information collected, public engagement, and team expertise and knowledge. During this workshop we may create photo-simulations showing before and after scenarios, illustrations, maps, and reference images to understand and convey the community’s vision and the overall concept plan and specific site level concepts in an extremely tangible way. Task 620. Develop a Draft Vision Statement. During the workshop in Task 610, we will analyze the information from all the public engagement activities, especially from the Strategic Foresight Workshop to craft a draft vision statement. We will work with city staff and the steering committee to refine this draft vision statement and then use the digital survey in Task 640 to gather public input regarding this draft vision statement. Task 630. Develop Draft Recommendations. Much of this work will be accomplished during Task 610 This work will involve: Analyzing expectations, growth in technological infrastructure, high dependency on small business ventures, maintaining affordable/workforce housing and creating a public realm that responds to the challenges that this community will need to address to accommodate the growth pressure while preserving the rural character, open space and environmentally sensitive land. We will consider public comments, inventory analysis, the traffic going to and through the area on key corridors such as US 380, Loop 288, and FM 428, and our team’s knowledge and experience to develop possible land use types to help accommodate growth without compromising the quality of life and character of the study area. We will also identify critical assets and other opportunities to build social and physical networks and propose up to two (2) concepts for place type building blocks, and recommendations for possible projects/focus areas that will enhance places in the public realm through design, public art, landscape, and interactive environments to create a unique sense of place that showcase the authenticity of NE Denton study area. We will use the market analysis data and the information from public engagement to develop land use, urban design, and economic development recommendations and strategies that will both accommodate development and achieve the community’s vision. We will integrate the roadway infrastructure with the proposed land uses and place types. We do this mobility assessment by utilizing the data identified through the inventory and public involvement process. We will build on our analyses to identify potential strategies and recommendations for mobility improvements in the study area. We will work with our Open Space & Recreation Planning leads to incorporate multimodal and active recreational transportation in the assessment and recommendations to ensure connectivity in the area. As part of the draft mobility assessment, we will develop up to three 6 DocuSign Envelope ID: CAF70384-779D4850425F-9E85DDCB71 1 F Appendix B SCOPE OF WORK (3) cross sections to be applied to the study area. They will draw on the existing Thoroughfare Plan but will incorporate design aspects specific to the study area. We will use the data collected in the previous tasks to create a conceptual mobility plan for the study area. This Plan will include recommended strategies, cross-sections, and a map of the proposed multimodal transportation network. In concert with land use and mobility recommendation development, TBG Partners will develop green stormwater infrastructure (gsi) strategies. They will evaluate the natural systems inventory to determine and delineate the areas that provide the best opportunities to manage stormwater runoff from future development using green stormwater infrastructure strategies (including preservation and restoration of existing systems) to mitigate flooding, heat island impacts and filter pollutants. Special emphasis will be placed on identifying areas that support Denton’s greenway plan, serve as natural amenities, and provide public/shared use open spaces. These strategies will be mapped and designated as gsi management zones. They will also provide supporting documentation of the designated gsi management zones in the form of a memorandum and meet with the design team and city staff to review the findings. Task 640. Online Engagement. We will use the project website to post draft vision and draft concepts and recommendations to gather feedback from the community. The input will be conducted through: • Digital Survey to collect comments using multiple choice and open comment regarding the draft concepts and recommendations. • Digital Mapping Exercise to collect comments related to place-based concepts and recommendations. • Comment Board to collect general comments and questions related to the draft concepts and recommendations. Consultant Responsibility: 1) Develop the content for online engagement 2) Provide outreach content regarding the website and feedback request to city staff and project ambassadors for distribution to the community 3) Provide city staff with answers to questions and comments to post online as needed 4) Record, analyze, and summarize feedback from the online engagement exercises and surveys City Responsibility: 1) Distribute outreach messaging through various channels per the Engagement Plan 2) Post the content on the website in appropriate formats 3) Monitor online activity for appropriateness and respond to queries 4) Collect the feedback and provide to the consultant within 5 days of closing the online engagement activities Task 650. City Project Team Review MeetIng. A draft set of recommendations will be provided for the city to review and comment on. One set of edits based on city comments will be incorporated into a draft document which will be used to develop the Implementation Strategies. City Responsibility: 1) Collect the feedback from the review team into one document in a mutually agreed upon format per the project schedule. Task 660. Joint Steering Committee, Planninq & Zoning Commission, and City Council Workshop. We will facilitate a committee meeting to discuss the draft recommendations at this joint workshop. 7 DocuSign Envelope ID: CAF70384-779Ddj850-825F-9E85DDCB711 F Appendix B SCOPE OF WORK Consultant Responsibility: 1) Develop the presentation materials for the meetings 2) Facilitate the meeting and track feedback City Responsibility: 1) Set up meeting – date, time, place and invitations 2) Print and distribute meeting agenda prior to the meeting 3) Provide meeting location, AV equipment, and food and drinks if needed 4) Address any city or state legal requirements for the open meetings act Phase 3 Deliverables: 1) Summary memo of public engagement activities by each event 2) Memo in word format including graphics summarizing the public engagement activities and feedback received, the resulting vision statement, and the goals and objectives for the future of the study area. 3) Memo in word format including maps, photos, and other supporting graphics summarizing the recommendations per the agreed upon table of contents to include at a minimum recommendation related to: a. Land Use -writeup of recommended future land uses and character types including open space, parks and housing with supporting imagery, and applicable graphics, images and proposed future land use map. b. Mobility –writeup of mobility assessment including up to three (3) cross-section renderings, recommended strategies, and a map of the proposed multimodal transportation network. c. Development Pattern/ Placemaking – renderings and supporting writeup of proposed recommendations for upto 50 acres in size for two (2) possible focus/catalyst areas including recommended place type building blocks and street character for each area. We will also include 3D renderings, inspirational imagery, and write up as applicable of recommendations to enhance places in the public realm through design, public art, landscape, and interactive environments to create the future vision as determined during the visioning phase. d. Green Infrastructure –writeup with supporting maps and graphics of recommended strategies to preserve, restore and enhance natural features that provide valuable infrastructure, quality of life, environmental and aesthetic value services. e. Economic Development – writeup, images and maps as applicable of recommended economic development programs and policies proposed to help advance the future vision of the area. Phase 4. Implementation Strategies & Plan Assembly. Task 700. Community & Stakeholder Engagement. Task 710. Implementation Workshop. Once the recommendations are finalized, we will facilitate a two- to-four hour workshop with the city staff, steering committee, and partner agencies that make financial, infrastructure, and development related decisions (such as Denton County, TxDOT, DCTA, city department directors, Denton ISD superintendent, developers and preservation groups/non-profits), to 8 DocuSign Envelope ID: CAF70384-779D4850-825F-9E85DDCB711 F Appendix B SCOPE OF WORK ensure that the solutions are locally produced and “do-able” for the community. The goal of this workshop will be to help build additional consensus to aid partner agencies in their decision making and to ensure implementation by engaging decision makers in validating the identified action steps, priorities, funding, and partnerships needed to implement the Plan recommendations. Consultant Responsibility: 1) Develop the materials needed for the workshop 2) Provide invitation language to city staff for distribution to the community 3) Staff and facilitate the workshop 4) Collect, analyze, and summarize the feedback from the workshop City Responsibility: 1) Assist consultant team in identifying the participants for the workshop 2) Coordinate inviting the participants to the workshop 3) Provide location, AV equipment, food and drinks as needed 4) Assist consultant with room set up, welcoming and engaging the participants at the workshop 5) Address any city or state legal requirements for the open meetings act. Task 720. Develop Draft Implementation Strategies. Majority of this work will be accomplished during the workshop described in Task 710. Following that workshop, we will develop a set of action steps and preliminary implementation strategies including identification of funding mechanisms to accomplish the recommended projects, programs, and policies in Task 600 Task 730. SteerIng CommIttee Meeting. We will facilitate a committee meeting to discuss proposed implementation strategies to achieve the proposed recommendations with the Steering Committee. Consultant Responsibility: 1) Develop the presentation materials for the meetings 2) Facilitate the meeting and track feedback City Responsibility: 1) Set up meeting – date, time, place, and invitations 2) Print and distribute meeting agenda prior to the meeting 3) Provide meeting location, AV equipment, and food and drinks if needed 4) Address any city or state legal requirements for the open meetings act Task 740. CommunIty Open House. The purpose of this Open House will be to validate that the Plan is responsive to community. This will be an opportunity for the overall community to tell us what they think of the ideas and designs as well as the suggested action steps developed by the project team, and to validate them or suggest final changes to them prior to finalizing the Plan document. Note – This activity includes Steering Committee, P&Z Commission, and the City Council participation. Consultant Responsibility: 1) Develop the materials needed for the workshop 2) Provide outreach content regarding the workshop to city staff and project ambassadors for distribution to the community 3) Staff and facilitate the workshop 4) Collect, analyze, and summarize the feedback from the workshop City Responsibility: 1) Distribute outreach messaging through various channels per the Engagement Plan 9 DocuSign Envelope ID: CAF70384-779D4850-825F-9E85DDCB71 1 F Appendix B SCOPE OF WORK 2) Provide location, AV equipment, food and drinks as needed 3) Assist consultant with room set up, welcoming and engaging the community at the workshop 4) Address any city or state legal requirements for the open meetings act. Task 750. Online Engagement. We will use the project website to post draft vision, goals and objectives, concepts and recommendations, and implementation strategies to gather feedback from the community by allowing residents and stakeholders who may not be able to attend the community open house a chance to provide feedback to ensure that everyone in the community is given the opportunity to review, comment, and validate that the recommendations and implementation strategies correctly translate the community’s vision into the Plan. The input will be conducted through: • Comment Board to collect general comments and questions related to the draft vision, goals and objectives, concepts and recommendations, and implementation strategies being proposed in the NE Denton area plan. Consultant Responsibility: 1) Develop the content for online engagement 2) Provide outreach content regarding the website and feedback request to city staff and project ambassadors for distribution to the community 3) Provide city staff with answers to questions and comments to post online as needed 4) Record, analyze, and summarize feedback from the online engagement exercises and surveys City Responsibility: 1) Distribute outreach messaging through various channels per the Engagement Plan 2) Post the content on the website in appropriate formats 3) Monitor online activity for appropriateness and respond to queries 4) Collect the feedback and provide to the consultant within 5 days of closing the online engagement activities Task 800. Plan Documentation. Task 810. Assemble Draft Final Plan Document. A final report documenting the gaps and needs in the study area, vision, goals, recommendations, and implementation strategies developed during the previous tasks be compiled together in this Task. The final plan document will be largely graphic and easy to understand for multiple and diverse audiences and stakeholders. The technical data and information will be contained in the appendix. Task 820. City Project Team Review Meetinq. A draft of the draft final plan document will be provided for the city to review and comment on. One set of edits based on city comments will be incorporated into a draft plan document to be presented for adoption by the City Council. City Responsibility: 1) Collect the feedback from the review team into one document in a mutually agreed upon format per the project schedule. Phase 4 Deliverables: 1) Summary memo of public engagement activities by each event 2) Memo in word format including applicable graphics summarizing the proposed implementation strategies and action steps to achieve the future vision and proposed concepts and recommendations. 10 DocuSign Envelope ID: CAF70384-779D21850-825F-9E85DDCB711 F Appendix B SCOPE OF WORK 3) Draft of final plan document in InDesign format with writeup and applicable final graphics, images, 3D renderings, and maps. Phase 5. Plan Adoption. Task 900. Meetings. We will present the draft final plan document at a joint workshop and two public hearings – P&Z and City Council joint work session, P&Z public hearing for a recommendation to City Council, and City Council public hearing for adoption of the plan. Once the plan is adopted, we will meet with city staff for Project Close Out meeting to debrief on the overall planning process and deliver the final plan files and a performance tracker. Consultant Responsibility: 1) Develop the presentation materials for the meetings 2) Facilitate the meeting and track feedback City Responsibility: 1) Set up meetings – date, time, place and invitations 2) Print and distribute meeting agenda prior to the meeting 3) Provide meeting location, AV equipment, and food and drinks if needed 4) Address any city or state legal requirements for the open meetings act Task 1000. Final Plan. We will make up to two sets of edits to the Final plan during this Phase 5. We request that each set of comments be in the form of one consolidated set as redlines, Adobe Acrobat notes, or similar method. In addition to collecting and packaging the electronic files of the backup data used to produce the Final Plan, we will also develop a performance-monitoring spreadsheet to assist staff in tracking the various recommendations in the plan and deliver these as a part of the Close Out meeting Phase 5 Deliverables: 1) Final plan document in PDF and InDesign format with writeup and applicable final graphics, images, 3D renderings, and maps. 2) Packaged electronic files of the final document in word format, jpeg images and renderings as well as pdf and ArcGIS shapefiles for maps included in the final plan. 3) An excel spreadsheet plan performance tracker 11 DocuSign Envelope ID: CAF70384-779Dd}850-825F-9E85DDCB71 1 F Appendix B PROJECT MANAGEMENT Our project management team will work with the city staff to create a clear communication plan at the start of the process in keeping with our “No Surprise" project management rule. Project Communication. Our team will function as an extension of city staff and keep open and transparent communication channels. While our team’s leadership will be the first line of communication throughout the process, our entire team will always be available to consult on any questions or clarifications that staff and/or stakeholders may want to discuss. Throughout the process, our team leadership will communicate our progress, assumptions, opportunities, and challenges to the city’s project team. We accomplish this through the following tasks: •Management of Work Activities – The Project Management team (PM and Deputy PM) will manage project activities and work to verify they are in accordance with city requirements and State statutes, regulations, guidelines and other city practices, criteria, specifications, policies, and procedures, as identified per project scope and budget. •Program Schedule – HDR will prepare the detailed graphic Project Schedule indicating tasks, critical dates, milestones, deliverables, and city review requirements. The team PM will review progress during coordination meetings and should reviews indicate a substantial change in progress, the schedule shall be updated as necessary. Issues that need resolution or action items shall be identified in the progress report. •Invoice Preparation and Submittal – HDR will prepare monthly invoices stating percentage of work completed during by Phase during the invoice period and associated fees. The invoice will also show fees paid to date and remaining fees by major tasks per fee schedule. Each invoice shall also include a copy of the progress report for the period covered by the invoice. Each progress report shall specify deliverables that were completed during that month, physical percent complete for that work, list of meetings attended, account of work that was done that did not result in a deliverable, whether the work is on schedule for timely delivery or not, issues that may delay the work in the future, actions by city or other remedial actions that are required, and for the following month, the anticipated work that shall be performed and the deliverables that shall be submitted. •Kickoff and Coordination Meetings – HDR team will attend a kickoff meeting with the city to be held immediately after Notice to Proceed is issued. Bi-weekly (30 minutes) virtual Project Manager coordination meetings (up to 20 project coordination meetings) shall be held at regular intervals as determined with the city’s Project Manager. •Action Tracking Log – HDR PM shall develop and maintain a log of action items throughout the project’s lifespan. The log shall identify action items, their status, responsible parties, date assigned, and date completed. The PM shall review and update the tracking log with the city during coordination meetings. •Managing Change – HDR PM will communicate in a timely manner the types of change that may occur in the project including schedule, personnel, scope, and work product changes. The city approved change(s) shall then be incorporated into the project schedule in a timely fashion to reduce unnecessary rework. No personnel changes will be made without city approval. This approval will be in form of email communication from the City’s Project Manager. 12 DocuSign Envelope ID: CAF70384-779D4850425F-9E85DDCB71 1 F Appendix B PROJECT MANAGEMENT • Information Technology - HDR team will establish and maintain a project site (SharePoint or MS Teams) for internal and external transfer of project data, document management, and project scheduling and coordination. Quality Control Plan. Our QA/QC program will help ensure that the project documents conform with the contract and scope of work; are neat, well organized, clear, concise, and complete; are technically and grammatically sound; and comply with generally accepted standards. We will accomplish this through the following tasks: • qA/QC Plan – HDR will establish an internal QA/QC plan to be implemented by the project team. It shall outline review processes for the deliverables including review for accuracy, completeness, and compliance with best practices before any deliverable is issued to you or other reviewing agencies. • Document Control – HDR PM will create a project mailbox and project folder in SharePoint or MS Teams to govern distribution of data and file copies of all project-related correspondence, reports, plans, and technical data. • • Project Files – HDR will assemble, maintain, and deliver project files (electronic and hard copy) to the city with a complete index at project close out. Suk)consultant Management – HDR will prepare subcontracts for subconsultants and direct, monitor, and review subconsultant activities and work. HDR will include subconsultant invoices with the overall HDR invoice 13 DocuSign Envelope ID: CAF70384-779D4850-825F-9E85DDCB71 1 F Appendix B EXPECTATIONS We believe that successful client-consultant relationships are built upon a shared understanding of goals and expectations that goes beyond the negotiated scope of work and contract. We would desire to begin the project by entering a collaborative mindset with the city team. Clarifying goals and expectations at the beginning of a consulting relationship is critical to the success of the project. To that end we facilitate the kickoff meeting to ensure everyone gets on the same page about goals and expectations together. While the nature of each project influences the list of goals and expectations, the following are some standard overarching principles that list our goals and expectations for the NE Denton Area Plan Preparation: We would share with the city these goals: 1) We all want to produce a quality product 2) We all want to meet the schedule 3) We all want to stay on budget 4) We all want to gain mutual trust and confidence 5) We all want to create the groundwork for implementable recommendations We would share with the city these expectations: 1) We engage in ongoing and up-front problem-solving dialogues 2) We clearly delineate roles and duties 3) We create realistic timelines and budgets 4) We sign-off and cross-check on key decisions/deliverables 5) We have a shared understanding of each other’s business/operation 6) We routinely communicate to build a trusting relationship 7) We become a team rather than internal/external partners We expect the final list of expectations to be developed in partnership with the city staff during the final negotiation of the scope, schedule, and fee. However, below are some examples of expectations/assumptions made in this draft scope, schedule, and pricing proposal: The following general expectations and assumptions are in addition to the responsibilities included within Appendix A, Scope of work: City Responsibility - 1) Prior to starting the work or within a month of notice to proceed the city will: • Establish the Steering Committee • Provide a list of stakeholders and ambassadors 2) The city will be responsible for posting social media messages and spreading the word about the planning process and engagement events through their existing communication channels. 3) The city will provide planning staff to attend and assist with the engagement events 4) The city staff will be responsible for the set up and logistics (date, time, place, agenda, legal notification, and communicating logistics) of city board meetings including the Steering Committee. 5) The city staff will provide the existing and future conditions data and existing plans and studies related to the study area in digitally modifiable format (GIS shapefiles, databases, Word documents, etc.) as available within a week of issuing the notice to proceed. 6) The city staff will be responsible for meeting room & equipment rentals and setup, meeting food and drinks 14 DocuSign Envelope ID: CAF70384-779Ddj850425F-9E85DDCB711 F Appendix B EXPECTATIONS 7) 8) 9) The city staff will be responsible for printing meeting materials for internal and city board meetings. The city staff will assist in procuring information from other jurisdictions as needed, for example – Denton County, Electric and Gas companies, TXDOT, NCTCOG etc. The city will process all invoices in a timely manner and provide timely change orders and notice to proceed for any mutually agreed upon additional services. Consultant Responsibility: 1) The consultant will provide the deliverables as per Appendix A - Scope of Work and as mutually agreed upon during project coordination meetings. 2) The consultant will be responsible for creating/developing meetings and engagement activity materials and for printing and providing public meeting materials such as maps, and items needed for such engagement exercises and activities. 3) The consultant will be responsible for preparing meeting materials and presenting/facilitating all project related meetings. 15 DocuSign Envelope ID: CAF70384-779D-+850-825F-9E85DDCB71 IF Appendix B FEE SCHEDULE DETAIL TASKS COST PHASE 0 PROJECT MANAGEMENT $ 15,000.00 1000 010 020 030 040 Coordination Develop Project Management Plan Team Meetings and CommunicationsProiect Schedule r PHASE 1 1 GETTING STARTED c $ } $ A 22,000.00 4,000.00 L 3,000.00 o a e e ement 15,000.00 rS PHASE 2 INVENTORY & ANALYSIS $ 1 5,500.00 1400 410 420 430 440 Data Collection and Review Inventory of Previous Studies and Plans GIS Data & Base Mappin!Existing Conditions Anajysjss F-FPHASE3 VISIONING & CONCEPTUAL PLAN $ 70,000.00 2500 510 520 530 540 550 Community & Stakeholder Enga Steering Cos c I Strategjc Foresight Vm FeedbaRAssessment & Analysis ement 600n61620 630 640IT65To 660 Plan Development r gn Workshop Levelop Draft Vision StatementDevelop Draft Recommendations - Land, Infrastructure, &Economic DevelopmentOnline Engagement r o $ 45,000.00 16 DocuSign Envelope ID: CAF70384-779D4850425F-9E85DDCB711 F Appendix B FEE SCHEDULE DETAIL TASKS COST PHASE 4 IMPLEMENTATION STRATEGIES & AREA PLAN ASSEMBLY $ 60,000.00 4700 710 720 730 740 750 Community & Stakeholder EngagementImplementation Worksho Develop Draft Imolementation StrategjesSteering Committee Meetinl Commue Online Engagement a s lg $ 20,000.00 PHASE 5 PLAN ADOPTION $ 14,000.00 6900 910 920 930 940 Meetings Joint P&Z and CC WorkshoP&Z Public Hearin City Council Public Hearin City Project Team Close Out Meetin ra e ormance Monitoring Spreadsheet & Package'"--’ I Digital Files & Transfer to Cit A 8,000.00 TOTAL LABOR COST $ 196,500.00 $ 3,500.00EXPENSES TOTAL LUMP SUM PROJECT FEE $ 200,000.00 17 DocuSign Envelope ID: CAF70384-779D4850-825F-9E85DDCB71 1 F Appendix B FEE SCHEDULE Note: Additional Meetings can be provided at an additional cost per the schedule below: Meeting Details Cost/ meeting Stakeholder Interviews/Focus Groups – assuming two (2) consultant staff, one (1) hour for interview and two (2) hours for focus group & including feedback analysis and incorporation • using already prepared materials: Interviews/Focus Groups • including new materials/ content preparation: Interviews/Focus Groups $ 600/ $1,000 $1,250/ 1,650 Meetings with Steering Committee – assuming one (1) staff, one (1) hour meeting & including presentation preparation and feedback analysis $2,500 Community Visioning Workshop/ Open House – assuming two (2) consultant staff, two (2) hour to four (4) hour staff time, materials/content preparation, and feedback analysis and incorporation $5,500/7,500 Strategic Foresight Workshop – assuming two (2) consultant staff, 16 hours or two- days staff time, use of existing materials, and feedback analysis and incorporation $15,000 Implementation Workshop – assuming two (2) consultant staff, two (2) hour to four (4) hour staff time, using existing materials/content, and feedback analysis and incorporation $5,500/7,500 Meetings with P&Z and CC - assuming one (1) staff, one (1) hour meeting & including presentation preparation and feedback analysis $3,500 18 DocuSign Envelope ID: CAF70384-779D=1850-825F-9E85DDCB71 1 F Appendix B Rate Sheet CATEGORY $377.97 $234.87 $277.66 $250.00 $189.13 $198.70 $150.74 $152.59 $197.00 $160.00 $112.95 135.00$ $178.13 $276.11 226.12$ $118.39 Project Advisor PrincipalMana Proiect Manager Task Leads Urban Planner Transportation Planner Landscape Architect Urban De:ner EngineerCommunications S ialist Graphic Designer GIS AnalystSr. Economist QA/QC Lead PM S Irt Sr. Accountant DocuSign Envelope ID: CAF70384-779D4850-825F-9E85DDCB711 F Exhibit C Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualifIed from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notifIcation of bid award, Contractor shall fIle with the Purchasing Department satisfactory certifIcates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, askfor clarifIcation of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modifIed or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifIcations, and shall be maintained in compliance with these general specifIcations throughout the duration of the Contract, or longer, if so noted, • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A- VII or better. • Any self-insured exposure shall be deemed to be an insured risk under the Contract. The beneficiaries of such insurance shall be afforded no less insurance protection than if such self-insured portion was fUlly insured by an insurance company of the quality and caliber required hereunder (including, without limitation, the protection of a legal defense, by city ,f Denton, Texas Contract 8038 Standard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18Page 16 of 23 DocuSign Envelope ID: CAF70384-779D4850-825F-9E85DDCB711 F attorneys reasonably acceptable to beneficiaries, and the payment of claims within the same time period that a third party insurance carrier of the quality and caliber otherwise required hereunder would have paid such claims. •Liability policies shall be endorsed to provide the following: • Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. (except for professional liability). •That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer’s limit of liability. • Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents, employees, and volunteers. • Cancellation: City requires 30 day written notice should any of the policies described on the certifIcate be cancelled before the expiration date. •Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. •Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, theContractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. •Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 17 of 23 Contract 8038 DocuSign Envelope ID: CAF70384-779D4850-825F-9E85DDCB71 1 F SPECIFIC ADDITIONAL INSURANCE REQUIREMENTs: An insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifcations , and shall be maintained in compliance with these additional speci$cations throughout the duration of the Contract, or longer, if so noted. lx 1 A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying andumbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. •Coverage B shall include personal injury. •Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [x 1 Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18Page 18 of 23 Contract 8038 DocuSign Envelope ID: CAF70384-779D4850425F-9E85DDCB711 F Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non-owned autos. [X]Workers’ Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a 5500,000 policy limit for occupational disease. The City need not be named as an " Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or constmction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). []Ownerts and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor’s Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [X]Professional Liability Insurance Professional liability insurance with limits not less than $1,000,000 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. []Builders' Risk Insurance Builders’ Risk Insurance, on an All-Risk form for 100% of the completed value shall beprovided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. []Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 19 of 23 Contract 8038 DocuSign Envelope ID: CAF70384-779D-+850-825F-9E85DDCB711 F portion of this coverage should be written on a “blanket” basis to cover all employees,including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. []Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract,that requirement will be described in the "Specific Conditions" of the contract specifications. City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 20 of 23 Contract 8038 DocuSign Envelope ID: CAF70384-779D4850-825F-9E85DDCB71 1 F ATTACHMENT I [ 1 Workers’ Compensation Coverage for Building or Construction Projects forGovernmental Entities A. Definitions: Certificate of coverage ("certificate'’)-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor’s/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Sen'ices" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 21 of 23 Contract 8038 DocuSign Envelope ID: CAF70384-779D4850-825F-9E85DDCB711 F E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutoryrequirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on thecurrent certificate of coverage ends during the duration of the project; 4) obtain from each other person with whom it contracts, and provide to the contractor: City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 22 of 23 Contract 8038 DocuSign Envelope ID: CAF70384-779D=F850-825F-9E85DDCB71 1 F a) certificate of coverage, prior to the other person beginning work on the project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6)notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. 7) J.By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor’s failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18Page 23 of 23 Contract 8038 DocuSign Envelope ID: CAF70384-779D4850-825F-9E85DDCB71 1 F CONFLICT OF INTEREST QUESTIONNAIRE CONFLICT OF INTEREST QUESTIONNAIRE - For vendor or other person doing business with local governmental enti1 This questionnaire reflects chang the law bym 84th Leg., Regular Session. FORM CIQ This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship asdefined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day afterthe date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is amisdemeanor. 1 2 Name of vendor who has a business relationship with local governmental entity.HDR Architecture, Inc. LJ Check this box if you are flUng an update to a previously med questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) d Name of local government officer about whom the information in this section is being disclosed. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other businessrelationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?= Yes D No B Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officernamed in this section AND the taxable income is not received from the local govemmental entity?[] Yes [] No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more? E Yes D No D.Describe each employment or business and family relationship with the local government officer named in this section 4 5 HI I have no Conflict of Interest to disclose. 07/1 1/2022 Signature of vendor doing business with the governmental entity Date DocuSign Certificate Of Completion Envelope Id: CAF70384779D4850825F9E85DDCB71 1 F Subject: Please DocuSign: City Council Contract 8038 Preparation for the Northeast Plan Source Envelope: Status: Completed Document Pages: 69 Signatures: 5Initials: 1 Envelope Originator: Certificate Pages: 6 AutoNav: Enabled Ginny Brummett 901B Texas Street Envelopeld Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) Denton, TX 76209 Ginny.Brummett@cityofdenton.com IP Address: 198.49.140.10 Record Tracking Status: Original11/1 5/2022 3:09:27 PM Holder: Ginny Brummett Ginny.Brummett@cityofdenton.com Location: DocuSign Signer Events Ginny Brummett ginny.brummett@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Signature Timestamp Sent: 11/1 5/2022 3:12:35 PM Viewed: 11/1 5/2022 3:12:46 PM Signed: 11/1 5/2022 3:13:58 PM Completed Using IP Address: 198.49.140.10 Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication(None) Sent: 11/1 5/2022 3:14:04 PM Viewed: 11/1 5/2022 3:14:37 PM Signed: 11/15/2022 3:14:59 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Deputy City Attorney City of Denton Security Level: Email, Account Authentication(None) Sent: 11/1 5/2022 3:15:03 PM Viewed: 11/1 5/2022 4:07:35 PM Signed: 11/15/2022 4:09:35 PM Signature Adoption: Pre-selected Style Using IP Address: 47.190.47.120 Signed using mobile Electronic Record and Signature Disclosure:Not Offered via DocuSign Chad Anderson Chad.Anderson@hdrinc.com Authorized Representative Security Level: Email, Account Authentication(None) OLd dh£Lrsoh 'DocuSlgn8d by:Sent: 11/1 5/2022 4:09:39 PM Resent: 11/1 6/2022 11:18:34 AM Viewed: 11/16/2022 11:19:01 AM Signed: 11/16/2022 11:19:21 AM ' ICBCA21953B4445 Signature Adoption: Pre-selected Style Using IP Address: 163.116.129.116 Electronic Record and Signature Disclosure:Accepted: 11/16/2022 10:26:25 AMID: e045fff6-a5e744ca-80bf-be7ad2f1 e9ca Signer Events Scott McDonald Scott.McDonald@cityofdenton.com Director Security Level: Email, Account Authentication(None) Signature 'DocuS+gtnd by:I SdALcOMAU,D45851 19F060407. Timestamp Sent: 11/1 6/2022 11:19:25 AM Resent: 11/1 7/2022 12:32:13 PM Resent: 11/17/2022 12:32:42 PM Viewed: 11/17/2022 1 :31 :31 PM Signed: 11/17/2022 1 :33:14 PMSignature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Accepted: 11/17/2022 1:31 :31 PMID: ded453c7-b29e4171 -a053-207alc4578a 1 Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Completed Sent: 11/1 7/2022 1 :33:18 PM Viewed: 12/7/2022 11 :05:50 AM Signed: 12/7/2C)22 11 :06:04 AMUsing IP Address: 198.49.140.10 Sara Hensley sara.hensley@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication(None) 'DocuSigned bV:I SMA H%@ '5236DB296270423. Sent: 12/7/2022 1 1 :06:09 AM Viewed: 12/7/2022 1:16:27 PM Signed: 12/7/2022 1:16:33 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Not Offered via DocuSign Rosa Rios rosa.rios@cityofdenton.com City Secretary Security Level: Email, Account Authentication(None) Sent: 12/7/2022 1:16:38 PM Viewed: 12/7/2022 3:29:37 PM Signed: 12/7/2022 3:33:46 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Electronic Record and Signature Disclosure:Accepted: 12/7/2022 3:29:37 PMID: dc2ea875-f39921837-a775-abbbff1 579d4 In Person Signer Events Signature Status Timestamp Editor Delivery Events Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Status Timestamp Carbon Copy Events Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Timestamp Sent: 11/15/2022 3:14:03 PM Carbon Copy Events Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Status Timestamp Sent: 11/17/2022 1:33:18 PM Viewed: 11/1 7/2022 4:00:26 PM City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Sent: 12/7/2022 3:33:51 PM Viewed: 12/7/2022 3:40:37 PM Ron Menguita Ron.Menguita@cityofdenton.com Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Sent: 12/7/2022 3:33:54 PM Shai Roos Shai.Roos@hdrinc.com Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Sent: 12/7/2022 3:33:57 PM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Envelope Sent Envelope Updated Envelope Updated Envelope Updated Envelope Updated Certified Delivered Signing Complete Completed Status Timestamps 11/15/2022 3: 12:35 PM 11/16/2022 1 1 :16:55 AM 11/16/2022 1 1 :16:55 AM 11/1 7/2022 12:32:12 PM 11/1 7/2022 12:32:12 PM 12/7/2022 3:29:37 PM 12/7/2022 3:33:46 PM 12/7/2022 3:33:57 PM Hashed/Encrypted Security Checked Security Checked Security Checked Security Checked Security Checked Security Checked Security Checked Payment Events Status Timestamps Electronic Record and Signature Disclosure I Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Chad Anderson, Scott McDonald, 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 toyou certain written notices or disclosures. 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