23-371ORDINANCE NO. 23-371
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONALSERVICES AGREEMENT WITH HDR ARCHITECTURE, INC., FOR ASSISTANCE IN THECREATION OF THE SOUTHEAST DENTON AREA PLAN FOR THE DEVELOPMENTSERVICES DEPARTMENT AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ8039 – PROFESSIONAL SERVICES AGREEMENT FOR PROFESSIONAL SERVICES
AWARDED TO HDR ARCHITECTURE, INC., IN THE NOT-TO-EXCEED AMOUNT OF
$240,000.00).
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 ORDArNS:
SECTION 1. The City Manager, or their designee, is authorized to enter into the
professional service contract attached hereto with HDR Architecture, Inc., for assistance in the
creation of the Southeast Denton Area Plan for the Development Services Department.
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.
The motion to approve this ordinance was made by Br,' A ,, BecK and
secondedby JeSSe I)byl-5following vote [X - E :' This ordinance was passed and approved by the
Aye
,/
7
,/
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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:
,/'’,/
PASSED AND APPROVED this the aLs+ dayof G.b roAr y J 2023.
r‘maN
ATTEST:
ROSA RIOS, CITY SECRETARY L\\\\tIll III/
'/A2,a _Zi,z
APPROVED AS TO LEGAL FORM:
MACK RErNWAND, CITY ATTORNEY
Digitally signed by Marcella LunnDN: cn=Marcella Lunn, o, ou=City
BY: – \Xr,u'cH--I\n.com, c=USDate: 2023.02.03 14:29:49 4)6'00'
DocuSign Envelope ID: 428E9313-BC5A40EB-8010-95C935F9B61 C
DENTON
Docusign City Council Transmittal Coversheet
8039
1 i cab1 e
r\ r-\{
File Name Preparatlon for the Southeast Area Plan
Purchasing Contact Ginny Brummett
City Council Target Date FEBRUARY 21’ 2023
Piggy Back Option
Contract Expiration
Ordinance
Not App
N/A
23-371
DocuSign Envelope ID: 428E9313-BC5A40EB4010.95C935F9B61 C
PROFESSIONAL SERVICES AGREEMENTFOR CONSULTING SERVICESFILE 8039
STATE OF TEXAS §
§COUNTY OF DENTON
THIS AGREEMENT (the “Agreement”) is made and entered into on
02/21/2023 , 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 75231 , 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 a
joint venture between OWNER and CONSULTANT. The CONSULTANT hereby agrees toperform 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 Southeast Area
Plan, as described in Exhibit A, which is on file at the purchasing office and incorporated
herein (the “Project”).
ARTICLE IISCOPE OF BASIC SERVICES
The CONSULTANT shall perform the following services in a professional manner:
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A.The CONSULTANT shall perform all those services as necessary and as described in theOWNER’s RFQ 8039 –Preparation for the Southeast 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 B - Scope of Work
and Fee 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.
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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 C. 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 by
telephone (to be confirmed in writing within five (5) calendar days of the inception of such
occurrence) 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.“Subcontract Expense” is defined as expenses incurred by the CONSULTANT in
employment of others in outside firms for services related to this agreement.
2.“Direct Non-Labor Expense” is defined as that expense for any assignment incurred
by the CONSULTANT for supplies, transportation and equipment, travel,
communications, subsistence, and lodging away from home, and similar incidental
expenses in connection with that assignment.
B.BILLING AND PAYMENT: For and in consideration of the professional services to be
performed by the CONSULTANT 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 $240,000.
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
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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 if
the 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 ofreceipt 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 contract
administrator. 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, andequipment 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.
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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’ssubcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall
become the property of the OWNER upon the termination of this Agreement. The
CONSULTANT is entitled to retain copies of all such documents. The documents prepared and
furnished by the CONSULTANT are intended only to be applicable to this Project, and OWNER’s
use of these documents in other projects shall be at OWNER’s sole risk and expense. In the event
the OWNER uses any of the information or materials developed pursuant to this Agreement in
another project or for other purposes than specified herein, CONSULTANT is released from any
and all liability relating to their use in that project.
ARTICLE VIIIINDEMNITY AGREEMENT
IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904.THE CONSULTANT SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINSTLIABILITY FOR ANY DAMAGE COMM11-FED BY THE CONSULTANT ORCONSULTANT’S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITYOVER WHICH THE CONSULTANT EXERCISES CONTROL TO THE EXTENT THATTHE DAMAGE IS CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE.INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TOPAY A SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITSREASONABLE ATrORNEY’S FEES IN PROPORTION TO THE CONSULTANT'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 IXINSURANCE
During the performance of the services under this Agreement, CONSULTANT shallmaintain insurance in compliance with the requirements of Exhibit D which is attached hereto and
made a part of this Agreement as if written word for word herein.
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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, and
subconsultants for the accuracy and competency of their designs or other work; nor shall such
approval be deemed to be an assumption of such responsibility by the OWNER for any defect in
the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents,and consultants.
ARTICLE 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
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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, IncChad W. Anderson, AIA LEED AP BD+C
8057 N. Central Expressway, #100
Dallas, TX 7523 1
City of Denton
Purchasing Manager –File 8039901B 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.
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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, or
otherwise) 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 XXI
MISCELLANEOUS
A.The following exhibits are attached to and made a part of this Agreement:
Exhibit A – RFQ 8039 – Preparation for the Southeast Area Plan
Projects for the City of Denton (on file at the purchasing office)
Exhibit B – Consultant’s Scope of Work Offer and Fee Schedule
Exhibit C - Project Schedule
Exhibit D – Consultant’s Insurance Requirements
What is called for by one exhibit shall be as binding as if called for by all. In the event ofan inconsistency or conflict in this Agreement and any of the provisions of the exhibits, the
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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.
B.This Agreement shall be governed by, construed, and enforced in accordance with, and
subject 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 inaccordance with the provisions hereof. In accomplishing the projects, CONSULTANTshall take such steps as are appropriate to ensure that the work involved is properlycoordinated 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 anemployee of the OWNER. CONSULTANT shall not have or claim any right arising from
employee status.
ARTICLE XXIIIRIGHT TO AUDIT
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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
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 greateroccurs, 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 the
terms "books", "records", "documents'’ and "other evidence", as used above, shall be construed to
include drafts and electronic files, even if such drafts or electronic files are subsequently used to
generate or prepare a final printed document.
ARTICLE XXIV
Prohibition on Contracts with Companies Boycotting Israel
Contractor acknowledges that in accordance with Chapter 227 1 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 signatureprovides 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 thisagreement, Contractor certifies 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 doingbusiness with Iran, Sudan, or a foreign terrorist organization . Failure to meet or maintain the
requirements under this provision will be considered a material breach.
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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 inSection 809.001 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 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 hom the company that it (1) does not have a practice,
policy, guidance, or directive that discriminates against a firearm entity or firearm tradeassociation; 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 certifies 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 fIrearm trade association; and (2) will not discriminate during the
term of the contract against a fIrearm entity or $rearm trade association. Failure to meet at
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 the
Government 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, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18
Page 11 of 24
Contract 8039
DocuSign Envelope ID: 428E9313-BC5A2tOEB-8010-95C935F9B61 C
ARTICLE XXIXCERTIFICATE OF INTERESTED PARTIES ELECTRONIC FILING
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of theGovernment 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 1295Enter 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 solicitationshall 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 24
Contract 8039
DocuSign Envelope ID: 428E9313-BC5Az10EB4010-95C935F9B61 C
CONSUBY rM
D SIGNATURE CITY OF DENTON. TEXAS'DocuSigned bF
BY, I S'''tl„'’I'?;?€FWHENsLEYCITY MANAGER
Printed Name:
Alderson Chad Anderson
Chad W.
Title:_Authorized :::}]:: V1 ce
Representative_ATTEST:
ROSA RIOS, CITY SECRETARY
972.960.4132
PHONE NUMBER 'DocuSWd br
Ra&4Ria+
C
BY:
chad.anderson(a}hdrinc.comEMAIL ADDRESS1295 CERTIFICATE NUMBER2023-980641
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
TEXAS ETHICS COMMISSION
THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED
operational obligations and business terms.Scott MCDona1 d
PRINTED NAME
D1 rector
TITLEDevelopment Services
DEPARTMENT
City of Denton. TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18
Page 13 of 24
Contract 8039
DocuSign Envelope ID: 428E9313-BC5AdtOEB-8010-95C935F9B61 C
Exhibit A
RFQ 8039 – Preparation for the Southeast 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 24
Contract 8039
DocuSign Envelope ID: 428E9313-BC5A40EB-8010-95C935F9B61 C Exhibit B
Appendix B
SCOPE OF WORK
Phase 1. DISCOVER.
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 with contact information (or assist in finding this information) 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. Community & Stakeholder Engagement Plan. We will develop an engagement plan to include
detailed outreach methods and channels, as well as the strategies to reach all demographics of
stakeholders – current and future. This plan will also address each engagement event with place,
people, desired outcomes, and specific activities. The Plan will include a schedule of date, time and place
for all outreach and engagement events and activities.
Consultant Responsibility:
1) Develop the community & stakeholder engagement plan.
City Responsibility:
1) Assist the consultant with developing said plan by providing details regarding meeting places,
stakeholders to include, etc.
Task 320. Listening Sessions. We will host up to 24 hours or three days of conversations with residents,
stakeholders, community and business leaders, and other specific community groups lasting
approximately one to two hours per session with a maximum of 5 to 15 attendees per session. The
purpose of this task is to understand the community’s perspective through the individual experience
and 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
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SCOPE OF WORK
concerns, sensitivities, and political minefields. These sessions will also be used to collect information
regarding the area assets that the community would like to preserve.
Consultant Responsibility:
1) Develop the questions and conduct and facilitate the interviews,
2) Work with city staff to identify the individuals and groups for the listening sessions.
City Responsibility:
1) Assist the consultant with setting up meetings – coordinate the date, time, place and invite
participants to the listening sessions
2) Provide location for the interviews or focus group sessions.
Task 330. 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
and study status, a calendar of engagement events, contact information, and will host online
engagement activities as follows:
• Digital surveys (one during Discover phase and one during Development phase).
• Mapping Exercises – these will include interactive elements such as study area boundary or
location pinning with comments for discussing place-based issues and ideas twice during the
process (one during Discover phase and one during Development phase).
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 using “Discuss Denton.”
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 340. 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 Discover phase and another set of key messages to be used during online
engagement of the Development phase). We will work with the City staff to create and implement the
public outreach strategy using this messaging to 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) Develop public outreach strategy.
City Responsibility:
1) Post/Distribute the content via appropriate channels.
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Appendix B
SCOPE OF WORK
2) Coordinate implementation of the public outreach strategy.
Task 350. SteerIng CommIttee Meetinqs. We will facilitate a steering committee meeting in this phase.
This 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.
Consultant Responsibility:
1) Develop the presentation materials for the meeting.
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 meetings.
Task 360. 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.
Consultant Responsibility:
1) Organize and analyze the feedback.
2) Present the summary of the feedback in a memo or a slide deck.
City Responsibility:
1) Provide the feedback data from website to the consultant within 5 days of closing the
2)
engagement exercises.
Post/Distribute the feedback summary via appropriate channels as needed.
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? What
are the assets that should be preserved? 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
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SCOPE OF WORK
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 development infrastructure, utilities, subdivisions, street maintenance, and
stormwater. The consultant team will 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. We will analyze mobility in the area and its
relation to surrounding areas (especially the Downtown) with an emphasis on access and availability of
mode choice and connectivity. Our team will review the existing characteristics of the built form through
a walking and windshield survey in terms of formal and informal public spaces, infrastructure, built
character, historic detailing, and natural resources.
McAdams team will collect and analyze the existing parks, recreation, and open space amenities in
terms of availability, access and connectivity, equity, and inclusion. They will also provide an equity
analysis for the existing conditions information related to land use, mobility, housing, infrastructure,
public policies and the market.
Task 440. Market Assessment. We will conduct a review and analysis of market trends within the City,
and the surrounding area (especially the Downtown) to understand the new development pressures as
well as the impact of land use policy changes on current and future developments within the study area.
We will prepare a market assessment in order to provide an understanding of the development
potential, market conditions, and future trends that will influence development within the study area.
This assessment will be the basis for all ensuing efforts relating to the area plan. We will then evaluate
competitive supply & development patterns, development prototypes (scales, densities, amenities) and
demand vectors related to the following land uses:
a) Market Rate Rental Apartments
b) Single family detached for sale housing
c) Retail
Phase 1 Deliverables:
1) Summary memo of public engagement activities by each event
2) Engagement Plan with public outreach strategy, preliminary dates including social media
outreach dates and website posting dates
3) Stakeholder database. We will track stakeholder participation and engagement (meeting
attendance and substantive comments) throughout the project.
4) Updated schedule to include dates from the engagement plan and outreach strategy
implementation
5) Listening sessions summary memo (or slide deck)
6) Branding Package (logo, colors, tagline, fonts) used for print materials and website
7) One set of key messaging package to include social media messages, brochures/postcards, and
speaker notes (to help staff and other stakeholders understand issues to be addressed, pitfalls
to avoid, and provide recommendations for best approaches to gathering input and outreach)
8) Website content reflecting the key messaging to include project description, planning process
timeline, a calendar of engagement events, general feedback questions, contact information
9) Inventory and Analysis Memo in Word format or as a PowerPoint slide deck summarizing
findings and conclusions including maps, photos, and other supporting graphics related to –
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Appendix B
SCOPE OF WORK
a)
b)
C)
d)
e)
f)
g)
h)
i)
history of the area,
relationship to Downtown and other parts of the city,
analysis of current plans and regulations that impact the study area,
analysis of the people living in the area and their socioeconomics,
current land use and development pattern analysis,
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
area,
analysis of the existing character of the built forms in the area,
assessment of the parks, recreation, and open space inventory, and
market assessment.
Phase 2. DEFINE.
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. 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 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
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SCOPE OF WORK
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.
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. 4-Day DesIgn Charette. The HDR Team will work with the community to develop the initial
Conceptual Plan, Recommendations and Strategies for the different plan elements considering both
geographies and themes based on input from the previous tasks and team expertise and knowledge.
Concepts will be generated during the day and tested during evening pin-up sessions. During this
charette we will understand and convey the community’s vision and the overall concept plan and
specific site level concepts in an extremely tangible way through an appropriate combination of photo-
simulations, illustrations, maps, and reference images to include land use and development framework
elements, open space recommendations, mobility recommendations, two photo-realistic renderings,
and associated maps, diagrams, and renderings. 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 charette
2) Provide invitation language to city staff for distribution to the community
3) Staff and facilitate the charette
4) Collect, analyze, and summarize the feedback from the charette
City Responsibility:
1) Coordinate inviting the community to the workshop
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. SteerIng Committee Meeting. We will facilitate a meeting 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
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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.
Consultant Responsibility:
1) Organize and analyze the feedback.
2) Present the summary of the feedback in a memo or a slide deck.
City Responsibility:
1) Provide the feedback data from website to the consultant within 5 days of closing the
engagement exercises.
2) Post/Distribute the feedback summary via appropriate channels as needed.
Phase 2 Deliverables:
1) Summary memo of public engagement activities by each event
2) Updated stakeholder database
3) Website content to include visioning workshop summary and the design charette results and
concepts including maps and graphics produced during the charette
Phase 3. DEVELOP.
Task 600. Plan Development
Task 610. Develop Draft Recommendations and Strategies. Much of this work will be accomplished
during Task 530. Following the design charette we will digitally refine the concepts and develop
appropriate diagrams and renderings and refine the recommendations and strategies that will assist in
realizing the community vision in terms of land use and urban design, affordability and displacement,
multi-modal mobility and infrastructure, public health and open space, resiliency and environmental
justice, economic development, and any other concerns that might get identified in the previous phases.
We will compile all this information in a plan document which will also include associated framework
elements such as building typologies, new streets, public/civic facilities, park and open space amenities,
etc.), and will be graphics-heavy with text supporting key elements.
Task 620. City Project Team Review MeetIng. A draft document developed in Task 610 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 630. Steering CommIttee Meeting. We will facilitate a meeting to share the draft
recommendations and results of the community engagement activities from task 630.
Consultant Responsibility:
1) Develop slide deck to present at the meeting
2) Facilitate the meetings and track feedback
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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 640. OnIIne 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
1) Collect the feedback and provide to the consultant within 5 days of closing the online
engagement activities
Task 650. Joint Planning & Zoning Commission, and City Council Workshop. We will facilitate a meeting
to discuss the draft recommendations at this joint workshop.
Consultant Responsibility:
1) Develop slide deck to present at the meeting
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 660. 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
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
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Appendix B
SCOPE OF WORK
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 670. Develop Draft Implementation StrategIes. Majority of this work will be accomplished during
the workshop described in Task 660. 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 developed and vetted in previous Tasks in this phase.
Task 680. 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 690. 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 in a format 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 3 Deliverables:
1) Public Engagement Memo in Word format (including graphics) summarizing feedback received
during online engagement, Implementation workshop and other meetings
2) Draft document in Word format with 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.
Mobility – writeup of mobility assessment including up to three (3) cross-section
renderings, recommended strategies, and a map of the proposed multimodal
transportation network.
b
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SCOPE OF WORK
C.Neighborhood Character/ Development Patterns/ Aesthetic Enhancement – renderings
and supporting writeup of proposed recommendations for up to two (2) existing or new
focus/catalyst sites (the site maybe one property or a combination of multiple
properties as identified during public engagement activities) 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.
Housing – writeup with supporting maps and graphics of recommended strategies to
address concerns related to development pressures, affordability, and displacement of
existing residents.
Parks, Recreation and Open Space – writeup with supporting maps and graphics of
recommended strategies to preserve, restore and enhance existing and proposed
amenities and spaces that provide valuable infrastructure, quality of life, environmental
and aesthetic value services.
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.
d.
e,
f.
3) 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.
4) Draft of draft final plan document in InDesign format with writeup and applicable final graphics,
images, 3D renderings, and maps.
Phase 4. DELIVER.
Task 700. Adoption and Final Deliverables.
Task 710. Steering Committee Meeting. We will facilitate a steering committee meeting to discuss draft
plan document 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 and draft plan document 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 720. 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.
10
DocuSign Envelope ID: 428E9313-BC5A40EB4010-95C935F9B61 C
Appendix B
SCOPE OF WORK
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 730. 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 SE 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. 740. Joint Planning & Zoning CommissIon, and City Council Workshop. A member of the HDR
team will present the draft final plan document at a joint P&Z and City Council work session for
discussion and additional input prior to the public hearing process for adoption.
Task. 750. Planning & Zoning CommIssion Public Hearing. A member of the HDR team will present the
draft final plan document at a Planning & Zoning Commission public hearing for a recommendation to
City Council.
Task. 760. 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.
11
DocuSign Envelope ID: 428E9313-BC5A40EB-8010-95C935F9B61 C
Appendix B
SCOPE OF WORK
Task 770. Final Plan. We will make up to three 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. 780. Project Close Out Meetinq. 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 materials for the meeting as referenced above.
2) Facilitate the meeting and track feedback
City Responsibility:
1) Set up meetings – date, time and place
2) Print and distribute meeting agenda prior to the meeting
3) Provide meeting location
Phase 4 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
12
DocuSign Envelope ID: 428E9313-BC5A=FOEB-8010-95C935F9B61 C
Appendix B
PROJECr 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 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.
13
DocuSign Envelope ID: 428E9313-BC5A40EB-8C}10-95C935F9B61 C
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.
• Subconsultant Management – HDR will prepare subcontracts for suk>consultants and direct,
monitor, and review subconsultant activities and work. HDR will include subconsultant invoices
with the overall HDR invoice
14
DocuSign Envelope ID: 428E9313-BC5AZ10EB-8010-95C935F9B61 C
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 SE
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 the 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
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 providing locations, 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.
5)
15
DocuSign Envelope ID: 428E9313-BC5A40EB-8010-95C935F9B61 C
Appendix B
EXPECTATIONS
6)
7)
8)
9)
The city staff will be responsible for meeting room & equipment rentals and setup, meeting food
and drinks for public meetings.
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 B- Scope of Work and as mutually
agreed upon during project coordination meetings.
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.
The consultant will be responsible for preparing meeting materials and presenting/facilitating all
project related meetings.
2)
3)
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DocuSign Envelope ID: 428E9313-BC5AdjOEB-8010-95C935F9B61 C
Appendix B
FEE SCHEDULE
DETAIL TASKS COST
IE–-x@r–r
Task 010
Task 020
Task 030
Task 040
MM
Develop Project W ement PlanTeam Meetings and CommunicationsProiect SchedM
mo Invoices and Progress Repor@
A
PHASE 1 1 DISCOVER
I A
A
I
6,000.00
200 Study Area Tour 4,000.00
30,000.00300
Task 310
Task 320
Task 330
Task 340
Task 350
Task 360
Community & Stakeholder Engagement
Community & Stakeholder Engagement Plan
Listening Sessions (24 hrs.)
Project Website (online content)Develooinq Key Messages and Materials
o
e
400
Task 410Task 420
Task 430
Task 440
Data Collection and Review
Inventory of Previous Studies and PlansGIS Data)
Existing Conditions AnalysisMarket Assessment
2
PHASE 2 DEFINE
500
Task 510
Task 520
Task 530
Task 540
Task 550
Community & Stakeholder Enga.
Community Visioning WorksholOnline Engagement4-day Desjgn Charette
Steering CoFeedbament & Anms
lement 6
PHASE 3 DEVELOP
Task 600
Task 610
Task 620
Task 630Task 640Task 650Task 660Task 670
aTask 690
Plan Development
Develop Draft Recommendations and Strate'City Proiect Team Review MeetinSteering Committee Meetin
Online EaJoint P & Z and CC Workshol
Implementation Worksho
Develop Draft Implementation StrategiesAssemb}amr ft Final Document
I
$ 80,000.00
les
17
DocuSign Envelope ID: 428E9313-BC5A40EB-8010-95C935F9B61 C
Appendix B
FEE SCHEDULE
DETAIL TASKS COST
PHASE 4 DELIVER
Task 700 Adoption & Final DeliverableSteering Committee Meetin
Community Open HouseOnline Engagement
Joint P & Z and CC Worksh01P & Z Public Hearin
City Council Public HmFinal Plan
Project Close Out Meetin
$15,500.00Task 710Task 720
Task 730Task 740
Task 750
Task 760
Task 770
Task 780
TOTAL LABOR COST $
$
230,500.00
9,500.00EXPENSES
TOTAL LUMP SUM PROJECT FEE $ 240,000.00
18
DocuSign Envelope ID: 428E9313-BC5A40EB-8010-95C935F9B61 C
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
$5,500/7,500
4-Day Design Charette $40,000 +
expenses
Design 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
$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
19
DocuSign Envelope ID: 428E9313-BC5A40EB-8010-95C935F9B61 C
Appendix B
2023 HOURLY RATES for HDR ARCHITECTURE, Inc.
P£RSONNELTrrLE
Project Archttert
I
t
Managing Principal
Principal
Project Manager=c
Sr. Design Principat
Sr, Project Designer
Project Designer
Wrapct Designer
Sr_ Project Architect
8368_oo
$306_DO
$295_Da
5229.oo
5298_aa
$349_DO
$278_DO
$234.00
SlaG_on
5234_DO
5168_aa
5206_oo
$194.00
$104.00
$306_DO
$166.00
$l04_Da
$208.00
$277,DO
$134_Da
$277_DO
S184_aD
St27.oo
$277,DO
$277.00
$194_on
$127.00
$196,aa
$166_aa
$294.00
$150_aa
5179,DO
$272_aa
$155.00
3228,on
$294_DO
$112.00
$244.00
5201.on
$ 150,aa
$193.00
$189.00
5123_aa
$145.00
r
Project Coordinator
Sr_ Architecture Planner
Sr. Interiors Designer
Interiors Designer
Sustainable Designer
Sr_ Civil Project Engineer
Civil Pro}ect Engineer
r lgineer
StrtlcturaE Propa Engineer
Structural Drafter
Sr_ Plumbing Designer
Sr. Mechanical Project Engineer
Mechanical Project Engineer
Mechanical EIT
Mechanical ProAct Coordinator
Mechanical Drafter
[Sr. Electrical amrEtectrical EIT
Sr. Electrical Drafter
Security Designer
Electronic Security SpeciaIIst
Physical Security Specialist
Sr. Landscape Project Architect
Ha @pe Project CoordinatorSr. Constructian Contract Adminirt rata r
Construction Contract Administrator
Sr_ Graphk I>wiEner
Sr. Ffii Protection Engineer
c er
Stena Cleria I
Sr_ Administrative
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DocuSign Envelope ID: 428E9313-BC5A210EB-8010-95C935F9B61 C
Exhibit D
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 pIe with the Purchasing
Department satisfactory certifcates of insurance, containing the bid number and title of the
project. Contractor may, upon written request to the Purchasing Department, askfor dart$cation
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 modifed 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 ofthese 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 or Denton, Texas Contract 8039
Standard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18Page 17 of 24
DocuSign Envelope ID: 428E9313-BC5A2tOEB-8010-95C935F9B61 C
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 riseto 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 forpayments 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, Texas
Standard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18
Page 18 of 24
Contract 8039
DocuSign Envelope ID: 428E9313-BC5AZ10EB-8010-95C935F9B61 C
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
An insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifIcations, and shall be maintained in compliance with these
additional specifIcations throughout the duration of the Contract, or longer, if so noted.
1x 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 and
umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
• Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
•Coverage B shall include personal injury.
•Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and
ISO Form GL 0404) is used, it shall include at least:
• Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures .
• Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
lxl Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with CombinedSingle 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, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18
Page 19 of 24
Contract 8039
DocuSign Envelope ID: 428E9313-BC5AZ10EB-8010-95C935F9B61 C
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.
lx 1 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 eachemployee, and a $500,000 policy limit for occupational disease. The City need not benamed as an " Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, theContractor shall comply with the provisions of Attachment 1 in accordance with §406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation
Commission (TWCC).
[]Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall beon 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/outsidethe premises, burglary of the premises, and employee fidelity. The employee fidelity
City of Denton, Texas
Standard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18Page 20 of 24
Contract 8039
DocuSign Envelope ID: 428E9313-BC5A40EB-8010-95C935F9B61 C
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, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18
Page 21 of 24
Contract 8039
DocuSign Envelope ID: 428E9313-BC5A40EB-8010-95C935F9B61 C
ATTACHMENT 1
11 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 fLnrashes persons to provide services on the project. "Services" include, without
limitation, providing, hauling, or delivering equipment or materials, or providing
labor, transportation, or other service related to a project. "Services" does not include
activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any overage agreements, which meets the statutoryrequirements 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 22 of 24
Contract 8039
DocuSign Envelope ID: 428E9313-BC5A=FOEB-8010-95C935F9B61 C
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 the
current certificate of coverage ends during the duration of the project;
4) obtain from each other person with whom it contracts, and provide to the contractor:
City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18
Page 23 of 24
Contract 8039
DocuSign Envelope ID: 428E9313-BC5A40EB-8010-95C935F9B61 C
a) certificate of coverage, prior to the other person beginning work on theproject; and
b) a new certificate of coverage showing extension of coverage, prior to the endof 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 theproject; 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 personfor 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 coverageagreements 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, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18
Page 24 of 24
Contract 8039
DocuSign Envelope ID: 428E9313-BC5A=10EB-8010-95C935F9B61 C
CONFLICT OF INTEREST QUESTIONNAIRE
CONFLICT OF INTEREST QUESTIONNAIRE -For vendor or other person doing business with local governmental enti1
This questionnaire renectsmg the law by H.B. 23, 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 after
the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is 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 ming 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 loca1 government officer about whom the information in this section is being disclosed.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business
relationship as defIned by Section 176.001(1-a), Local Govemment 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?E ,“n ,„,
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer
named in this section AND the taxable income is not received from the local govemmental entity?[] Y„ [] No
C.Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local govemment officer serves as an
officer or director, or holds an ownership of one percent or more?n ,“n .*,
D,Describe each employment or business and family relationship with the local government officer named in this section
4
5
lal I have no Conflict of Interest to disclose.
08/22/2022
Signature of vendor doing busirms with the governmental entity Date
Certificate Of Completion
Envelope Id: 428E9313BC5A40EB801C)95C935F9B61 C
Subject: Please DocuSign: City Council Contract 8039 Preparation for the Southeast Area Plan
Source Envelope:
Status: Completed
Document Pages: 46
Certificate Pages: 6
AutoNav: Enabled
Signatures: 5
Initials: 1 Envelope Originator:
Ginny Brummett901 B Texas Street
Denton, TX 76209
Ginny.Bru mmett@cityofdenton.com
IP Address: 198.49.140.10
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
Record Tracking
Status: Original
1/27/2023 7:58:45 AM
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: 1/27/2023 8:27:53 AM
Viewed: 1/27/2023 8:28:06 AM
Signed: 1/27/2023 8:28:26 AM
Completed
Using IP Address: 198.49.140.10
Lori Hewell
lori.hewelt@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication(None)
Sent: 1/27/2023 8:28:33 AM
Viewed: 1/27/2023 10:39:22 AM
Signed: 1/27/2023 10:41:04 AM
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
Mack Reinwand City Attorney
City of Denton
Security Level: Email, Account Authentication(None)
-DoaaHd bF
iM4wL£hhKb
'4807DB3184AA43B _
Sent: 1/27/2023 10:41 :10 AM
Viewed: 1/27/2023 10:45:47 AM
Signed: 1/27/2023 10:55:27 AM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
ElectronIc Record and Signature Disclosure:Not Offered via DocuSign
Chad Anderson
Chad.Anderson@hdrinc.com
Authorized Representative
Security Level: Email, Account Authentication(None)
'Doa6bfHd br
ICLddhluMIC8CA219$38HIS
Sent: 1/27/2023 10:55:32 AM
Resent: 1/30/2023 10:32:45 AM
Resent: 1/30/2023 4:54:45 PM
Viewed: 1/31/2023 7:10:26 AM
Signed: 1/31/2023 7:10:50 AMSignature Adoption: Pre-selected Style
Using IP Address: 163.116.132.121
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
'DoaBbrBd br
I Scdt MdMAl/,D458$11m8D4a7_
Timestamp
Sent: 1/31/2023 7: 10:57 AM
Viewed: 1/31/2023 8:49:26 AM
Signed: 1/31/2023 8:50:07 AM
Signature Adoption: Pre-selected Style
Using IP Address: 76.233.246.245
Electronic Record and Signature Disclosure;Accepted: 1/31/2023 8:49:26 AMID: e4820aee-8e7ez17be-845b-b184721e7cd8
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: 1/31/2023 8:50:17 AM
Viewed: 2/9/2023 1 :21 :57 PM
Signed: 2/22/2023 8:19:30 AMUsing IP Address: 198.49.140.104
Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication(None)
Sent: 2/22/2023 8:19:35 AM
Viewed: 2/22/2023 8:33:21 AM
Signed: 2/22/2023 8:33:31 AM
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)
-HaSiFHd br1 RbuRtae
.IOCA8HE175t93_
Sent: 2/22/2023 8:33:37 AM
Viewed: 2/22/2023 1 1 :45:28 AM
Signed: 2/22/2023 11 :46:06 AM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:Accepted: 2/22/2023 1 1 :45:28 AMID: b006b8de-0a332lfbf-8fc1 -cfOfe973c2e0
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: 1/27/2023 8:28:33 AM
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: 1/31/2023 8:50:13 AM
Viewed: 1/31/2023 1 :04:30 PM
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Sent: 2/22/2023 1 1 :46:14 AM
Viewed: 2/22/2023 2:33:11 PM
Julie Wyatt
Julie.Wyatt@cityofdenton.com
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Sent: 2/22/2023 1 1 :46:21 AM
Viewed: 2/22/2023 1 1 :48:33 AM
Shai Roos
Shai.Roos@hdrinc.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Sent: 2/22/2023 1 1 :46:27 AM
Resent: 2/22/2023 1 :21 :12 PM
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
1/27/2023 8:27:54 AM
1/30/2023 10:32:38 AM
1/30/2023 10:32:38 AM
2/22/2023 1 :21:12 PM
2/22/2023 11 :45:28 AM
2/22/2023 11 :46:06 AM
2/22/2023 1 :21 :13 PM
Envelope Sent
Envelope Updated
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
SecurIty Checked
Security Checked
Security Checked
Envelope Updated
Envelope Updated
Certified Delivered
Signing Complete
Completed
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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 to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
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and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom ofthis document
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent’ form on the signing page of your
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required notices and disclosures electronically from us and you will no longer be able to use your
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All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address. .
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in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing @cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
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must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
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To confirm to us that you can access this information electronically, which will be similar to
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please let us know by clicking the 'I agree' button below.
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