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2009-204lei ORDINANCE NO. 210 20~ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH JACOBS ENGINEERING GROUP, INC., TO PROVIDE PLANNING, ARCHITECTURAL DESIGN, AND ENGINEERING SERVICES IN ASSOCIATION WITH THE DEVELOPMENT OF THE DOWNTOWN IMPLEMENTATION PLAN FOR THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $224,995; AND PROVIDING AN EFFECTIVE DATE (RFSP 4237). WHEREAS, The professional services provider (the "Provider") mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, The fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. The City Manager is hereby authorized to enter into a professional service contract with Jacobs Engineering Group, Inc., to provide professional architectural and related services for the Downtown Implementation Plan, a copy of which is attached hereto and incorporated by reference herein. SECTION II. The City Manager is authorized to expend funds as required by the attached contract, in an amount not to exceed $224,995. SECTION III. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION IV. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 15 day of,2009. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:lxn,XL06 -I--, L)al APP OVED /ZO LEGAL FORM: PROFESSIONAL SERVICES AGREEMENT FOR DOWNTOWN IMPLEMENTATION PLAN STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT is made and entered into as of the day of September, 2009, 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 Jacobs Engineering Group Inc., with its corporate office at 7950 Elmbrook Dr., Dallas, Texas 75247-4925, hereinafter called "CONSULTANT," acting herein, 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 I EMPLOYMENT OF CONSULTANT OWNER hereby contracts with CONSULTANT, as an independent contractor, and CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project: The Project shall include, without limitation, the basic project goals and specific implementation tasks and procedures outlined in Article II.A., below, for a Downtown Implementation Plan, for the City of Denton, Texas. ARTICLE II SCOPE OF SERVICES CONSULTANT shall perform the following services in a professional manner: A. In support of the basic project goals outlined in OWNER's Request for Service Proposal #4237, which is attached hereto as Exhibit "A", CONSULTANT shall perform all those services described by, and in the manner set forth in, CONSULTANT's proposal dated February 24, 2009, as subsequently modified and attached hereto as Exhibit "B", and incorporated by reference as if set forth fully herein. B. CONSULTANT shall perform all those services set forth in individual task orders which shall be attached to this Agreement and made a part hereof for all purposes as separate agreements. C. If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits or task orders. ARTICLE III ADDITIONAL SERVICES Additional services to be performed by CONSULTANT, if authorized in writing by OWNER, which are not included in the above-described Basic Services, are described as follows: A. Possible expansion of the existing scope of services to specifically incorporate bicycle use and bicycle lanes into some or all of the meetings, consultations, surveys, maps, elevations, proposals, assessments, design standards, presentations, plans, reports, implementation strategies and form based code proposals described in the basic scope of services, or other tasks related to that purpose, according to the terms of a supplemental or revised scope of services to be agreed upon at a later date, if at all. B. Possible additional meetings, consultations, surveys, maps, elevations, proposals, assessments, design standards, presentations, plans, reports, implementation strategies and form based code proposals, in addition to those described in the basic scope of services, or other tasks related to that purpose, according to the terms of a supplemental or revised scope of services to be agreed upon at a later date, if at all. ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by OWNER and CONSULTANT and upon issue of a notice to proceed by OWNER, and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by OWNER, acting through its City Manager or his designee. ARTICLE V COMPENSATION A. COMPENSATION TERMS: 1. "Subcontract Expense" is defined as expenses incurred by CONSULTANT in employment of others in outside firms for services in the nature of professional planning. 2. "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment. Page 2 B. BILLING AND PAYMENT: For and in consideration of the professional services to be performed by CONSULTANT herein, OWNER agrees to pay, based on the cost estimate detail at an hourly rate shown in Exhibit "C" which is attached hereto and is incorporated by reference as if set forth fully in this Agreement, a total fee, including subcontract expenses and reimbursement for direct non-labor expenses, not to exceed $224,995.00. Partial payments to CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by 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. OWNER may withhold the final five percent (5%) of the contract amount until completion of the Project. Nothing contained in this Article shall require OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement. OWNER shall not be required to make any payments to CONSULTANT when CONSULTANT is in default under this Agreement. It is specifically understood and agreed that CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization from OWNER. CONSULTANT shall not proceed to perform the services listed in Article III "Additional Services," without obtaining prior written authorization from OWNER. C. ADDITIONAL SERVICES: For additional services authorized in writing by OWNER in Article III, CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate shown in Exhibit "C." Payments for additional services shall be due and payable upon submission by CONSULTANT, and shall be in accordance with subsection B hereof. Statements shall not be submitted more frequently than monthly. D. PAYMENT: If OWNER fails to make payments due CONSULTANT for services and expenses within 30 days after receipt of CONSULTANT's undisputed statement thereof, prompt payment act interest as set forth in Chapter 2251 of the Texas Government Code shall be paid on the amounts due CONSULTANT. In addition, CONSULTANT may, if it has not received payment by the 31" day after OWNER's receipt of CONSULTANT's invoice, after giving 10 days' written notice to OWNER, suspend services under this Agreement until CONSULTANT has been paid in full all amounts due for services, expenses, and charges; provided, however, nothing herein shall require OWNER to pay prompt payment act interest if OWNER has a bona fide dispute with CONSULTANT concerning the payment, or if OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article V, "Compensation." Page 3 ARTICLE VI OBSERVATION AND REVIEW OF THE WORK CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to OWNER any defects or deficiencies in the work of CONSULTANT or any subcontractors or subconsultants. ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of OWNER upon the termination of this Agreement. CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by 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 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 VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status. ARTICLE IX INDEMNITY AGREEMENT CONSULTANT shall indemnify and save and hold harmless OWNER and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and 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. Notwithstanding any other provision of this Agreement, CONSULTANT shall have no liability to the OWNER for contingent, consequential or other indirect damages, including, without limitation, damages for loss of use, revenue or profit, operating costs and facility downtime, or other similar business interruption losses, however the same may be caused. The limitations and exclusions of liability set forth in this paragraph shall apply regardless of the Page 4 fault, beach of contract, tort (including negligence), strict liability or otherwise of CONSULTANT, its employees or subconsultants'. ARTICLE X INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident. C. Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident. D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. E. CONSULTANT shall furnish insurance certificates at OWNER's request to evidence such coverages. The insurance policies shall name OWNER as an additional insured on all such policies, except for Worker's Compensation Insurance and Professional Liability Insurance and shall contain a provision that such insurance shall not be canceled or modified without 30 days' prior written notice to OWNER and CONSULTANT. In such event, CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to mediation. No mediation arising out of or relating to this Agreement may proceed without the agreement of both parties to submit the dispute to mediation. The location for the mediation shall be the City of Denton, Denton County, Texas, unless a different location is agreed to by the parties. ARTICLE XII TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate by giving 30 days' advance written notice to the other party. Page 5 B. This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than 30 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 OWNER within 30 days after the date of termination. 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 X "Compensation." Should OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information. CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to OWNER on or before the date of termination, but may maintain copies of such documents for its use. ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of 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 OWNER for any defect in the design or other work prepared by CONSULTANT, its employees, subcontractors, agents, and consultants. CONSULTANT retains design responsibility and liability at all times during this Agreement and after completion of this Agreement. ARTICLE XIV NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three days after mailing: To CONSULTANT: Jacobs Engineering Group Inc Mr. Rick Leisner, Project Manager 7950 Elmbrook Dr. Dallas, Texas 75247-4925 To OWNER: City of Denton, Texas ATTN: Director of Planning 215 East McKinney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three days after mailing. Page 6 ARTICLE XV ENTIRE AGREEMENT This Agreement, consisting of ten pages and three exhibits, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior or contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE XVI SEVERABILITV If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE XVII COMPLIANCE WITH LAWS CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTICLE XVIII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE XIX PERSONNEL A. CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with OWNER. CONSULTANT shall inform 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 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. C. In those instances deemed necessary by OWNER, CONSULTANT, its employees and or its sub-consultants shall be required to submit to background checks. Page 7 ARTICLE XX ASSIGNABILITY CONSULTANT shall not assign any of its scope of work under this Agreement, and shall not transfer any of its scope of work under this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of OWNER. Should CONSULTANT assign any part of the monies due under this Agreement, CONSULTANT is required to provide written notice of same to OWNER. Any assignment of monies due under this Agreement shall not change any of the terms or conditions of this Agreement, to include, but not limited to the terms and conditions for payment under this Agreement. ARTICLE XXI MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE XXII MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: Exhibit A City of Denton RFSP #4237 Exhibit B CONSULTANT's proposal, as modified by agreement Exhibit C Project Cost Summary, including hourly rates for additional services B. CONSULTANT agrees that OWNER shall, until the expiration of five years after the final payment or after the final completion of all work required under this Agreement, whichever is longer, have access to and the right to examine any directly pertinent books, documents, papers, correspondence, to include e-mails, and records of CONSULTANT involving transactions relating to this Agreement. CONSULTANT is required to maintain and make available all electronic records associated with this Agreement for purposes of examination. CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. OWNER shall give CONSULTANT reasonable advance notice of intended audits. This paragraph shall work in conjunction with the audit provision set forth in Article XXIII. C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. Page 8 D. For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be Mr. Rick Leisner, Mr. Dave Retzsch, Mr. Dennis Wilson, and Mr. Todd LaRue. However, nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the services required herein. CONSULTANT also agrees to provide OWNER with notice of the name(s) of who intends to replace the key person. OWNER shall have a right to reject any replacement key person(s) and CONSULTANT agrees to name a replacement key person(s) acceptable to OWNER. E. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by OWNER. F. OWNER shall assist CONSULTANT by placing at 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 CONSULTANT to enter in or upon public and private property as required for CONSULTANT to perform services under this Agreement. G. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. H. Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement if such delay or failure arises by any unforeseeable act or reason beyond its reasonable control, including any act of God, any acts of the common enemy, the elements, earthquakes, floods, fires, epidemics, riots or failures or delay in transportation or communications. The parties will promptly inform and consult with each other as to any of the above causes, which in their judgment may or could be the cause of a delay in the performance of this Agreement. ARTICLE XXIII AUDITS AND INSPECTION OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. CONSULTANT shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, CONSULTANT shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow 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 OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by CONSULTANT which must be payable within five business days of receipt of an invoice. Page 9 Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in 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. IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTA T has executed this Agreement through its duly authorized undersigned officer on this the 199 day of SePtember, 2009. CITY OF DENTON, TEXAS ATTEST: JENNIFER WALTERS, CITY SECRETARY WITNESS: i GEORGE C. Ck BELL, CITY MANAGER 46-~ & Nager q 11 101 )NSULTANT C S ENGINEERING GROUP INC. GAP U(LC- Pzesmca? BY: Gl~- RElrid, Jtccj) reAc r M01466re Page 10 CITY OF DENTON, TEXAS RFSP # 4237 DOWNTOWN IMPLEMENTATION PLAN City of Denton Planning Department 221 N. Elm Street Denton, Texas 76201 DUE DATE: FEBRUARY 24, 2009 EXHIBIT A RFSP #4237 - DOWNTOWN IMPLEMENTATION PLAN L INTRODUCTION The City of Denton (City), through the Planning & Development Division, is interested in receiving proposals to contract with a qualified planning, research, and design consulting firm (Firm) with considerable experience in citizen involvement/participation, planning, architectural design, market analysis, and sustainability, to develop a Downtown Implementation Plan (Plan). The Plan will be the catalyst to achieve the goals that define the vision for downtown Denton and will be focused according to the boundaries in the attached Downtown Business Districts Map. The Plan will consist of the following elements: Parking; Architectural Design; Open Space and Linkages; and Land Use Analysis with each component containing recommendations for specific action items to implement: (1) A readily actuated and incremental comprehensive vision for the area; (2) Land development regulations and a regulatory framework to facilitate economic development in the area; (3) Establish and recognize an innovative and distinct downtown environment and experience; and (4). Provide recommendations to existing policies, regulations, and code provisions to implement the proposed Plan. The Denton Downtown Master Plan, the Denton Plan, and the Denton Development Code will be used as the basis for all Plan element recommendations. II. BACKGROUND Denton, Texas is a Main Street City that tops a triangle formed by itself, Ft. Worth and Dallas. Established in 1857, Denton is the county seat of Denton County and was named for John B. Denton. The Denton Downtown square is the heart of the city and has been a focal point for commerce. The center-piece of the downtown square is the old Denton County Courthouse which was erected in 1896 and restored in 1987. In 2002, the City adopted the Denton Downtown Master Plan. The primary focus of the plan is the balance between encouraging development and exploring partnership opportunities with private investors, while at the same time ensuring that proper design practices are employed. Denton is a virtual orchestra of small town charm and big city arts, culture, education and entertainment. Some of Denton's many annual festivals and events include: Arts & Jazz Festival; Arts, Antiques & Autos; Denton Blues Fest; Concerts on the Square; Holiday Lighting Festival. In 2011, Denton will serve as the terminus for the Denton County Transportation Authority (DCTA) transit rail line. The rail line will provide passenger rail service from Denton to the City of Carrollton, where riders may transfer to the Dallas Area Rapid Transit (DART) system and continue into the Dallas/Fort Worth Metroplex. Two transit stations will be built in the City of Denton. The Downtown transit station will be less than one-half mile from the historic Downtown Square. The City is currently planning an Arts Corridor so that the transit passengers' walk from the station to Downtown will Page 2 of 12 RFSP #4237 - DOWNTOWN IMPLEMENTATION PLAN be pleasant and enjoyable. The firm selected will coordinate this effort with the consultant developing the DCTA Downtown Transit Station Plan. III. SCOPE OF WORK A. EFFORT REQUIRED The Firm's efforts will include the following: Downtown Parking Plan a. Review and become familiar with the City's 2002 Downtown Master Plan, the Denton Plan, and the Denton Development Code and any other plan documents to gain insight into development issues within the study area. This will also require meetings with appropriated departments coordinated by the City's Director of Planning & Development. b. Conduct an on-site examinations of designated downtown parking areas both on-street and off-street and perform parking counts and determine peak times and usage requirements. c. Consider planned transit station location and identify parking requirements for bus, and passenger rail in the overall parking plan for downtown. d. Assess parking supply and demand and identify specific locations for additional parking, shared parking, and new public facilities. e. Perform an economic feasibility study of financing options (i.e., Tax Increment Financing) for the provision of required parking spaces with recommendations, as a funding mechanism for infrastructure improvements. Deliverable A parking plan prepared on a block-by-block-basis that details the overall parking supply and demand for on-street and off-street parking and identify specific locations for additional parking, shared parking, and new public facilities with recommendations for funding mechanisms over a specified time period. Plan shall also include recommendations for amendments to existing codes, planning policy decisions and regulations that would impede implementation of the parking plan. Page 3 of 12 RFSP #4237 - DOWNTOWN IMPLEMENTATION PLAN Architectural Design Guidelines a. Assist in the assembling of the downtown architectural design committee consisting of membership approved by the City. b. Facilitate a design and data gathering charrette with the committee to obtain input on desired architectural character of downtown including lighting, signage, setbacks, storefront details, landscaping, screening, and streetscape elements. c. Develop architectural elevations in support of the design guidelines that detail the characteristics and elements of the overall design theme for the project area and other features reflective of the history and culture of downtown Denton, while also allowing for useful and respectful innovations, such as design features that reflect the Leadership in Energy and Environmental Design as well as Crime Prevention Through Environmental Design guidelines. Become familiar with the Historic resources survey as part of this effort. d. Develop a solid waste plan as part of the guidelines to consolidate trash revetments on downtown streets and screen and buffer areas. This will include access issues and dumpster locations. f. Regulating Plan (a schematic representation of the Downtown Master Plan) illustrating the location of streets, blocks, public spaces, and other special features. Deliverable Architectural Design Standards to be implemented for new construction for all land uses in the project area and/or modifications, alterations, or fagade changes to existing structures, and recommendations for how plans should be implemented. Land Use Analysis a. Analyze and review and the current zoning of the project area and recommend zoning and code changes to facilitate the Plan goals of the Downtown Master Plan. b. Prepare matrix of land uses that support downtown Development/Redevelopment with underlying zoning classifications by percentage for project area. Matrix shall include density for residential development. Page 4 of 12 RFSP #4237 - DOWNTOWN IMPLEMENTATION PLAN c. Plan shall include vertical and horizontal mixed-use design standards for integration into downtown land uses along with an efficient process for review and/or approval by the City. d. Facilitate a data gathering charrette with the members of the Architectural Design Committee, Planning and Zoning Commission and City Council to obtain input on land use classifications and appropriate zoning to facilitate implementation of the Plan. nolivornhlo A plan for facilitation of zoning amendments to existing codes and land use regulations and/or creation of new land use districts within the study area with recommended guidelines and standards. Parks, Recreation, and Open Space a. Facilitate a data gathering charrette with the members of the Architectural Design Committee, Planning and Zoning Commission, the Parks, Recreation and Beautification Board, and City Council to obtain input on existing open space and opportunities for open space including streetscape nodes, plaza design integration into building facade and parks. The consultant will also include potential locations for two dimensional and three dimensional pieces of public art throughout the plan area. b. Prepare guidelines and standards for the development of downtown open space and greenway linkages that includes design elements for open space by type of facility (i.e., plaza design v. traditional open space). c. Review and become familiar with the City's 1997 Civic Center Park Master Plan, Downtown Master Plan, the Denton Plan, the 2009 Parks, Recreation and Trail System Master Plan, the Denton Development Code and any other plan documents to gain insight into development issues within Quakertown Park. This will also require meetings with appropriated departments coordinated by the City's Director of Planning & Development and on-site evaluations of the park and City facilities. d. Perform an economic feasibility study of financing options (i.e., Tax Increment Financing) for the provision of required parking spaces with recommendations, as a funding mechanism for infrastructure improvements. l olivornhloc a. A plan for improving and increasing existing open space and greenway in the study area to support the planned increase in Page 5 of 12 RFSP #4237 - DOWNTOWN IMPLEMENTATION PLAN downtown residential development with recommendations for funding, and; b. An updated Master Plan for Quakertown Park that also addresses future use of existing buildings, use of the park for large special events and festivals, parking, and connectivity to the downtown area and universities. Linkages a. Public Space/Street Standards defining design attributes and geometries for streets that balance the needs of motorists, pedestrians, bicyclists, and transit riders while promoting a vital public realm. These standards should include design specifications for pedestrian friendly sidewalks, travel lane widths, on-and-off street parking, and bicyclists T)Pllv,,rnhh, A plan for improving and increasing linkages in the study area to support the planned increase in downtown residential development with recommendations for funding. General a. Prior to commencement of Downtown Implementation Plan, the City and selected consultant will conduct an initial meeting to review project scope, project schedule, deliverables and planning process. b. Selected consultant will facilitate all stakeholder meetings and make all needed presentations to Planning & Zoning Commission and City Council and any other Council subcommittee necessary for review prior to adoption of the Plan. c. Prior to finalization of all documents the selected consultant shall submit for review and comment a draft document to City representatives. B. FIRM REQUIREMENTS The Firm must demonstrate compliance with the following requirements: 1. Firm will not perform any work for private clients on projects that may be submitted for review and approval through the City's Development Review or Permitting Process for the downtown area. This does not preclude the Firm from other private work not meeting this criterion. 2. Firm must have in its employment a multi-disciplinary staff of a size sufficient to perform the services. These disciplines must include Page 6 of 12 RFSP #4237 - DOWNTOWN IMPLEMENTATION PLAN Planning, Architecture, and Civil Engineering. The project manager must be a Professional Architect, or Engineer licensed in the State of Texas, or a Professional Planner holding an AICP designation with at least ten years of development design and/or project management experience in Texas. 3. City desires continuity from the Firm's review team: Lack of continuity or frequent changes in staffing for this Plan may result in termination of the contract. 4. Firm will provide customer service to the City in accordance with the City's customer service mission of "Whatever It Takes". 5. Provide comments and feedback in a timely manner in accordance with City's timelines. C. PROJECT IMPLEMENTATION SCHEDULE 1. The City has developed the following project implementation schedule: Distribution of RFP: February 3, 2009 Proposal Submittal Deadline: February 24, 2009 Firm Selection: March 6, 2009 Firm Contract Negotiation: March 9 - 20, 2009 Firm Contract Award: March 27, 2009 Firm Starts Work: April 8, 2009 IV. SELECTION PROCESS The responses should address each of the following areas in the same order in which they are set forth below. A. STATEMENT OF INTEREST Provide a statement of interest relative to this specific project, including a statement of availability to undertake this project, personnel proposed for the project team, information on similar or relevant projects which the firm has executed and describe the firm's approach and understanding of the project. Page 7 of 12 RFSP #4237 - DOWNTOWN IMPLEMENTATION PLAN B. FIRMS ORGANIZATION Name and Address of the Firm 2. General overview of the Firm 3. Firm Profile, including: a. Type of firm (limited partnership, corporation, etc.) b. Firm History and Age c. Firm Size (including number in each required discipline) d. Areas of special concentration: particular attention should be paid to identifying work in downtown development, specifically with parking plans, open space, economic feasibility studies, downtown architectural design guidelines, and land development code and zoning analysis, and the preparation of land development code amendments e. Telephone number and fax number 4. Description of the Team: a. Identification of the proposed Project Manager b. Identification of key review personnel c. Organization Chart d. Resumes for each key individual on the team and definition of that individual's role in the project How the firm will be organized in order to provide continuity of project review over time and on any individual development application 6. Awards Page 8 of 12 RFSP #4237 - DOWNTOWN IMPLEMENTATION PLAN C. REVELANT EXPERIENCE AND CAPABILITIES Relevant experiences and capabilities of the Firm's team members and team as a whole will be rated by the City by a review of both completed and on-going assignments, years of relevant experience, credentials; greater weight will be given to project experience within the past five (5) years containing the team members proposed: 1. Relevant project experience information to include: a. Entity Name and Location. b. Project description with specific descriptions of responsibilities, successes and failures related to project scope. c. Nature of professional services delivered by Firm on each of these relevant projects, including identification of the responsibility and scope of the team member proposed for participation on the City project. d. List of municipal and private developer client references for relevant projects with contact names and telephone numbers e. Past experience on similar and relevant projects. 2. Project Understanding: a. Briefly describe your understanding of the project scope, important issues, and City requirements. 3. Project Approach: a. State briefly the firm's opinion about the most important considerations and challenges that must be addressed in this project, and how the firm intends to overcome them. Specifically address consensus building and economic feasibility of implementation plan. 4. Team Organization: a. Discuss the firm's proposed team organization and communication methods. Be specific with regard to internal and external communications, quality control, electronic capabilities, and individual responsibilities. 5. Relevant Experience: a. Include three (3) examples of past work that has been adopted by a local jurisdiction that demonstrates plans for downtown development. Page 9 of 12 RFSP #4237 - DOWNTOWN IMPLEMENTATION PLAN V. SELECTION PROCEDURES / DESCRIPTION OF PROCESS All submissions of proposals must be received by 2:00 p.m. (Central Time) on February 243 2009 to be considered. A. SUBMITTAL OF PROPOSALS 1. One original copy signed by an officer authorized to bind the company, and nine (9) copies of your completed proposal must be submitted in a sealed envelope by 2:00 p.m. on February 24, 2009. Proposals may be mailed or hand delivered. However, if sent by mail, the proposer is responsible for the timely delivery of the proposal. 2. Proposals shall be no more than thirty (30) 8-1/2" x l l" pages, not including cover sheet. An additional 1-page cover letter is also allowed. 3. Each sealed proposal shall be properly addressed with the name of the Firm's firm and the item description "RFSP #4237 Downtown Implementation Plan" written on the outside of the package and delivered to: City of Denton Materials Management/Purchasing 901-B Texas Street Denton, TX. 76209 Attn: Tom Shaw 4. Proposals received after 2:00 p.m. on February 24, 2009 will not be considered, and any proposal received after the schedule closing time will be returned to the proposer unopened. 5. Questions concerning technical issues related to this proposal should be directed Brian Lockley at 940-349-8378. 6. Questions concerning procurement issues related to this proposal shall be directed to Tom Shaw at 940-349-7133. B. PROPOSAL WITHDRAWAL No proposal may be withdrawn after having been formally opened by the City. C. LEGAL DISPUTES Proposer agrees and stipulates that in the event any litigation should occur concerning or arising out of any proposals submitted in response to a Request for Proposal, the sole venue of any such legal action shall be in Denton County Texas. Page 10 of 12 RFSP #4237 - DOWNTOWN IMPLEMENTATION PLAN D. E. F. G. H. I. J. CITY AND LICENSES The Proposing Firm must be registered by the State of Texas to provide engineering in the State and have a Texas registered professional engineer or any other professional licensure required by the State to complete this project. Any and all fees and taxes are the responsibility of the proposer. REJECTION OF PROPOSALS The City reserves the right to: 1. Reject any and all proposals, and 2. Issue subsequent Requests for Proposals PROPOSER RESPONSIBILITY - PROPOSAL COSTS Proposer understands and agrees that this Request for Proposals does not obligate the City to pay any costs incurred by the proposer in the preparation and submission of a proposal, or oral interview. PROPOSALS - PUBLIC INFORMATION After evaluation and award by the City, the unsuccessful proposer may request a debriefing regarding their proposal. Please contact Tom Shaw at 940-349-7133. PROPOSAL FORMAT Telecopy (facsimile) proposals will not be accepted by the City. EQUAL OPPORTUNITY/AFFIRMATIVE ACTION All Equal Employment Opportunity laws apply to this project. STANDARD REQUIREMENTS modifications to the Agreement, other than the information needed to consummate it, need to be addressed in the proposal. The City reserves the right to consider these objections or modifications. Any resulting contract will be subject to the standard requirements, terms and conditions of the City covering such contracts. An Official and signed copy of the contract requirements (Agreement) will be furnished to the firm awarded this contract. Attached is the City's Standard Agreement. Any objection or Page 1 I of 12 RFSP #4237 - DOWNTOWN IMPLEMENTATION PLAN K. CANCELLATION The City reserves the right to cancel the contract if the services provided are not meeting the City's needs. Notification will be provided in writing by the City. Payment will only be provided on those services that are performed prior to possible cancellation of the contract. VI. EVALUATION AND SELECTION PROCESS A. PROPOSAL REVIEW A Selection Team will review the proposals. This Selection Team will include members of the staff of the City and others familiar with this proposed project. Selection for the professional services in this request will be made on the basis of demonstrated competence and qualifications to perform the services required. The firms most highly qualified and responsive to the City's need may be invited for an oral interview, if necessary. Once this selection has been made, the City will attempt to negotiate a contract with the selected firm at a fair and reasonable price. Evaluation of proposals will be based on the following: 1. Identification and understanding of the City's requirements and needs for this project; this includes an understanding of the codes, processes, and overall goals that define the vision for Downtown Denton: FACTOR 40% 2. Firm's past performance and experience on projects of this magnitude and complexity: FACTOR 30% 3. Firm's experience with specific issues related to this project: FACTOR 15% 4. Experience and qualifications of key personnel available for this project: FACTOR 15% B. FURTHER INFORMATION The City has the option to request that a firm provide further information in order to complete the evaluation. C. CONTRACTING The selected firm will be offered a contract to perform these services. D. NOTIFICATION All proposers will be notified of the firm selected to perform the requested work, upon final determination by the City. Page 12 of 12 z a z 0 H z w w a a 0 0 Q M N Downtown Implementation Plan Denton, Texas City of Denton, Texas Downtown Implementation Plan Scope of Services Exhibit B 15 September 2009 The following scope of services has been specifically written for the City of Denton (client) regarding the completion of their Downtown Implementation Plan (DIP). Jacobs and their team (planning & design consultant) will develop a set of plans and detailed recommendations that result from a series of planning and design tasks. The following defines the approach and tasks to establish a Downtown Implementation Plan. Phase 1 Data Assembly & Establish Goals 1.1 Kick-off Meeting Meet with City staff and appropriate department heads to discuss existing data sources, maps, reports and other potential data sources for this comprehensive downtown study. The City will compile existing downtown historic data, studies; - Population data, - Maps on existing land use, - Existing zoning, - Environmental systems, - Recent developments, - Transportation systems, - CIP projects (planned or funded) and provide to the Jacobs team. The team will review and analyze relevant background materials, particularly with respect to downtown development issues and scope items. 1.2 Project Management Notebook The team will use a project management notebook for all materials supplied during the course of the project. A notebook will be created for three (3) City staff & Steering Committee members and will be updated with copies of graphics, powerpoints, etc. The notebook will include; project schedule, contact information and divided into phases. 1.3 Downtown Implementation Plan Steering Committee Meetings The team will meet with the Steering Committee (Downtown Task Force) monthly at regularly scheduled dates to solicit input, review plans & graphics, and provide a project overview. Members of this committee will be notified and scheduled by the City. JACOBS Team Downtown Implementation Plan Denton, Texas 1.4 Consensus Building Plan The team will met with the City's Public Information Officer and City staff to define a detailed plan for communication. The total consensus building plan will include the following elements: - Press release (2) - Project Logo (1) - Articles for current downtown newsletter (2) The team will provide text, graphics, and content for the items above. The City will handle the delivery and printing of the communication elements. 1.5 Downtown Base Map Obtain existing digital files from the City, to develop a base map of the entire Downtown study area. The large DIP base map will generally include the area bounded by: Carroll Boulevard to the west, Congress Street to the north, Bradshaw Street to the east and Sycamore Street to the south. Their will be some smaller study areas within this large area for specific downtown elements. The transit oriented development (TOD) plan study area, adjacent to the proposed DCTA transit center, will be included in the DIP study area. Files need to include: - Existing road plans, profiles and sections - Land use, - Buildings, - Utilities, - Recent aerials (high resolution), - Natural features, - Downtown land ownership 1.6 Site Reconnaissance Detailed Site Reconnaissance - reviewing existing conditions including; parking, transportation linkages, urban design system, parks and public realm environment. The team will walk and photograph the study area defining issues and opportunities for increased economic development. 1.7 Stakeholder Interviews Questionnaire The team will develop a set of questions that will result in scalable answers targeting such topics; downtown investment, opportunities for growth, issues in downtown, financing, future land uses, parking, transportation, public space and others. The questionnaire will be approved by City prior to interviews. 1.8 Stakeholder Interviews (up to 60 interviews) Conduct sixty interviews for a thirty (30) minute period with key individuals and small groups concerning Downtown. Interviews will be conducted in Downtown Denton at a venue provided by the City. The venue needs to have three (3) adjacent conference rooms where interviews can be scheduled to run concurrently. All individual & small group interview answers are private; answers are only presented in a group set of percentages and trends. Individual interviews are contacted and scheduled by City staff. JACOBS Team 2 Downtown Implementation Plan Denton, Texas Interviews are to include: developers, downtown Denton land owners, City leadership and senior City staff to understand their concerns and objectives with regard to new investment in the area. Identify developers' largest obstacles with regard to investment in Downtown Denton, financial or otherwise. Identify City's obstacles, goals and concerns for downtown redevelopment. The following is a list of potential stakeholders to be interviewed by the team: • Mayor • City Council Members • Planning and Zoning Commission Members • Economic Development Representatives • City Manager • City Staff Members • Downtown Business Leaders • UNT and TWU Representatives • Large Property Owners Phase 1 Deliverables: la - Kick off meeting (1) lb - Steering committee meetings (1 per month) - Power point presentation - Handouts 1 c - Project management notebooks 1 d - Consensus building plan - Press release (1) - Project Logo (1) - Newsletter (1) le - Downtown base map If - Site reconnaissance digital photographs (copy) I g - Stakeholder interview questionnaire I h - Stakeholder interviews (60 interviews) Phase 2 Assessments & Analysis 2.1 Downtown Implementation Plan Steering Committee Meetings The team will meet with the Steering Committee monthly at regularly scheduled dates to solicit input, review plans & graphics, and provide a project overview. Members of this committee will be notified and scheduled by the City. Establish Goals and Objectives for the Downtown Implementation Plan (DIP) - the team will establish a draft set of goals and objectives from input during Steering Committee meetings and stakeholder interview responses. 2.2 Analysis of Physical Systems JACOBS Team Downtown Implementation Plan Denton, Texas Analysis graphics developed for the following systems including, urban patterns, existing land uses, transportation network & parking areas, parks and pedestrian linkages, etc. Graphics of existing systems will include: - Land use (density by residential type will be determined) - Transportation, parking & transit - Park & open space network - Existing street sections - Pedestrian network - Architectural fagade (photo boards and analysis) - Additional items as deemed necessary Through the use of maps, graphics summarize existing conditions in the study area including existing land uses, area development patterns, urban design and supporting elements. 2.3 Assessments The following downtown elements will have individual assessments conducted related to the Downtown Implementation Plan and its goals. 2.3.1 Land Use Assessment A. Analyze and review and the current zoning of the project area and recommend zoning and code changes to facilitate the goals of the Downtown Master Plan. B. Prepare matrix of land uses that support downtown Create a matrix for existing/proposed land uses that relate to the goals developed for the Downtown Implementation Plan. Also, define percentage of zoning categories within downtown study area and what currently can include residential development. 2.3.2 Parking Assessment A. Review and become familiar with the City's 2002 Downtown Master Plan, the Denton Plan, and the Denton Development Code and any other plan documents to gain insight into development issues within the study area. This will also require meetings with appropriated departments coordinated by the City's Director of Planning & Development. B. Conduct an on-site examinations of designated downtown parking areas both on-street and off-street and perform parking counts and determine peak times and usage requirements. C. Consider planned DCTA transit station location and identify parking requirements for bus, and passenger rail in the overall parking plan for downtown. D. Assess parking supply and demand and identify specific locations for additional parking, shared parking, and new public facilities. 2.3.3 Parks, Recreation, and Open Space Assessment JACOBS Team 4 Downtown Implementation Plan Denton, Texas A. Facilitate a data gathering meeting with the members of the Architectural Design Committee, Planning and Zoning Commission, the Parks, Recreation and Beautification Board, and City Council to obtain input on existing open space and opportunities for open space including streetscape nodes, plaza design integration into building facade and parks. B. In steering committee meeting and (1) other present analysis of physical systems - park & open space and pedestrian network. 2.3.4 Architectural Design Guidelines Assessment A. Facilitate a design and data gathering meeting with the steering committee to obtain input on desired architectural character of downtown including lighting, signage, setbacks, storefront details, landscaping, screening, and streetscape elements. Streetscape elements include: recommendations for trash receptacles, newspaper vending machines, benches, bicycle racks, etc. Recommendations will also include locational criteria, enclosure fencing and door access for sidewalk cafe's along streets in downtown Denton. B. In meeting present analysis of physical systems - Architectural facade and streetscape (photo boards and analysis). 2.3.5 Linkages/Street ROW Assessment A. Analyze and review the current public space/street ROW cross-sections for the safe movement of pedestrians, bicycles, transit and motorist. The standards for the Downtown Implementation Plan are one of "complete streets", that is, streets that equally allow safe and pleasant movement of all modes. B. In meeting, present analysis of physical systems - linkages/street ROW (photo boards and analysis). 2.4 City Presentations The team will conduct a briefing of the project to date defining current assessment findings. The four (4) presentations will allow for public comment in the following meetings: - Denton City Council (work session & final) - Planning & Zoning (two presentations) These presentations include a verbal presentation with an associated powerpoint presentation. Handouts for City and staff will be provided. 2.5 Public Meeting #1 The team will conduct a public meeting to solicit input from community and downtown stakeholders on the project findings to date. The City will assist the event by having staff work sign-in table, advertise for meeting and secure meeting venue. The team will develop a powerpoint presentation and have wall graphics for the meeting. Phase 2 Deliverables: 2a - Steering committee meetings (1 per month) JACOBS Team Downtown Implementation Plan Denton, Texas - Power point presentation - Handouts - Draft DIP goals and objectives 2b - Physical systems (existing) analysis graphics displayed in color (maps) - Land use - Transportation, parking & transit - Park & open space network - Existing street sections - Pedestrian network - Architectural facade & streetscape (photo boards and analysis) 2c - Land Use Assessment - Analysis and matrix of existing downtown uses 2d - Parking Assessment - Review documents - On site re vie w - Review DCTA system - Assess parking supply and demand 2e - Parks, Recreation, and Open Space Assessment - Input on open space opportunities for downtown - Review physical system - park & os 2f - Architectural Design Guidelines Assessment - Input on desired architectural character for downtown - Input on desired streetscape elements and locational criteria - Review physical system - architectural facade 2g - Linkages/Street ROW Assessment - Input on desired complete street concept - Review physical system - linkages/street ROW 2h - City Presentations (2) - Denton City Council - Planning & Zoning 2i - Public Meeting #1 - Powerpoint & handouts - Wall graphics Phase 3 Comprehensive Vision & Recommendations 3.1 Downtown Implementation Plan Steering Committee Meetings The team will meet with the Steering Committee monthly at regularly scheduled dates to solicit input, review plans & graphics, and provide a project overview. Members of this committee will be notified and scheduled by the City. 3.2 Comprehensive Vision The team will establish a comprehensive vision for downtown which relates to all the following individual elements. This vision will facilitate economic development in Downtown which is innovative and distinct to Denton while working with the existing assets. JACOBS Team 6 Downtown Implementation Plan Denton, Texas 3.2.1 Land Use - Draft Form Based Code (FBC) A. Draft FBC text reflecting the goals of Downtown, and shall include vertical and horizontal development standards, land uses, and an efficient process for review by the City that will attract quality developers. Mixed-use design standards will be included in this FBC. B. Regulating Plan - create a regulating plan document (a schematic representation of the Downtown Master Plan) illustrating the location of development patterns, blocks, public spaces, and other special features which will serve as the basis for the FBC. 3.2.2 Parking A. Downtown Parking Plan - develop a conceptual Parking Plan prepared on a block-by-block-basis that details: - Overall parking supply - Demand for on-street - Off-street parking - Identifies specific locations for additional parking, shared parking, and (general location) for new public facilities and garage. B. Parking - perform an economic feasibility study of financing options (i.e., Tax Increment Financing and other potential real mechanisms) for the provision of required parking spaces with recommendations, as a funding mechanism for infrastructure improvements. C. Regulating Plan - create a regulating plan document (a schematic representation of the Downtown Master Plan) illustrating the location of parking linked to the FBC. 3.2.3 Parks, Recreation, and Open Space A. Prepare conceptual guidelines for a system of open space and greenway elements by type (plaza, traditional, environmental, etc.). The plan will also include potential locations for two dimensional and three dimensional pieces of public art throughout the plan area. B. Parks - perform an economic feasibility study of financing options (i.e., Tax Increment Financing and other potential real mechanisms) for the provision of park improvements and recommendations, as a funding mechanism for implementation. C. Regulating Plan - create a regulating plan document (a schematic representation of the Downtown Master Plan) illustrating the location of parks, public spaces, and other special features linked to the FBC. 3.2.4 Architectural Design Guidelines A. Develop architectural elevations in support of the design guidelines that detail the characteristics and elements of the overall design theme for the project area and other features reflective of the history and culture of downtown Denton, while also allowing for useful and respectful innovations, such as design features that reflect the Leadership in Energy and JACOBS Team 7 Downtown Implementation Plan Denton, Texas Environmental Design as well as Crime Prevention Through Environmental Design guidelines. Become familiar with the existing Historic resources survey (provided by City) as part of this effort. B. Regulating Plan - create a regulating plan document (a schematic representation of the Downtown Master Plan) illustrating the location of fagade preference, streets, blocks, and other special features linked to the FBC. 3.2.5 Linkages / Street ROW A. Recommendations for Public Space/Street Standards defining design attributes and geometries for streets that balance the needs of motorists, pedestrians, bicyclists, and transit riders while promoting a vital public realm. These standards should include design specifications for pedestrian friendly sidewalks, travel lane widths, on-and-off street parking, and bicyclists B. Regulating Plan - create a regulating plan document (a schematic representation of the Downtown Master Plan) illustrating the location of streets, blocks, and other special features linked to the FBC. 3.3 Economics & Implementation Strategy Public Investment Strategy - Develop a coordinated public investment strategy for Denton by identifying mechanisms for intergovernmental and public-private cooperation and public financing for further study. Evaluate current incentive programs in place that are targeted towards increased investment in Downtown Denton. We will address the following questions during this evaluation process: a) Who is using these incentives? b) How successful have they been in attracting development / investment? c) How have other downtowns, similarly situated to Denton, been able to utilize such incentives? Recommend any adjustments to existing incentive programs or recommend new development incentives - financial and other - to encourage investments that will support, enhance, or build off of new or proposed projects, and will address funding strategies for the provision of required parking spaces. Measures analyzed will include business improvement districts, tax abatement strategies, TIFs, other public-private partnership initiatives. 3.4 Downtown Supporting Components Components that assist economic development and create a better urban design environment in Downtown, such as the following will include recommendations: 3.4.1 Solid Waste Plan Develop a solid waste plan as part of the guidelines to consolidate trash revetments on downtown streets and screen and buffer areas. This will include access, screening and dumpster locations issues. 3.4.2 Revised Master Plan for Quakertown Park JACOBS Team Downtown Implementation Plan Denton, Texas An updated Master Plan for Quakertown Park will redefine future use of existing buildings, use of the park areas for large special events and festivals, parking location, and connectivity to the downtown area and local universities. Sub-tasks to include: - Define new program elements (by client) - Create a site analysis - Review session with City - Create master plan concept Plan will be provided in an illustrative master plan (sketch) in color with conceptual improvement costs. 3.4.3 Catalyst Projects Will be defined for near term implementation that jumpstart additional private economic development in Downtown. These projects will be described in detail with; specific locations, cost sharing, funding strategies, urban design role and definition of cost and benefits. 3.5 Public Meeting #2 The team will conduct a public meeting to solicit input from community and downtown stakeholders on the project findings to date. The City will assist the event by having staff work sign-in table, advertise for meeting and secure meeting venue. The team will develop a powerpoint presentation and have wall graphics for the meeting. Phase 3 Deliverables: 3a - Steering committee meetings (1 per month) - Power point presentation - Handouts 3b - Land Use - Draft Form Based Code (FBC) - Regulating plan 3c - Parking - Downtown parking plan - Economic feasibility study of financing options - Regulating plan linked to FBC 3d - Parks, Recreation, and Open Space - Conceptual guidelines for system - Economic feasibility study of financing options - Regulating plan linked to FBC 3e - Architectural Design Guidelines - Architectural elevations in support of the design guidelines that defines the characteristics and elements of the overall theme - Regulating plan linked to FBC 3f - Linkages/ Street ROW - Recommendations for public space/street standards - Regulating plan linked to FBC 3g - Economics & Implementation Strategy - Coordinated public investment strategy - Evaluate current incentive programs JACOBS Team 9 Downtown Implementation Plan Denton, Texas 3h - Solid Waste Plan 3i - Revised Master Plan for Quakertown Park - Define new program elements (by client) - Create a site analysis - Review session - Create master plan concept 3j - Catalyst Projects 3k - Public Meeting #2 - Powerpoint & handouts - Wall graphics Phase 4 Implementation 4.1 Downtown Implementation Plan Steering Committee Meetings The team will meet with the Steering Committee monthly at regularly scheduled dates to solicit input, review plans & graphics, and provide a project overview. Members of this committee will be notified and scheduled by the City. 4.2 Draft Downtown Implementation Plan Report and FBC The team will develop a report document at 8-1/2 x 11 that describes the content of the planning process and recommendations. These are specific to DIP and the desired recommendations. Details include; text, charts, matrixes, graphics, photographs and more defining the detailed recommendations. An outline will be agreed upon with City prior to final report production. The Jacobs team will deliver 3 hard copies and 1 CD of the Draft DIP and FBC at a 95% level of completion. 4.3 Review Meeting on Draft Downtown Implementation Plan Report and FBC The team will conduct a meeting (1) with senior staff on the recommendations and layout of the final Downtown Implementation Plan report and FBC. Comments by the City will be received in one document for delivery to Jacobs Team within 2 weeks. 4.4 Final Draft Downtown Implementation Plan Report and FBC The team will develop a report document at 8-1/2 x 11 that describes the content of the planning process and recommendations. Comments from the City staff review will be included. The Jacobs team will deliver 3 hard copies and 1 CD of the Final Draft DIP and FBC at a 100% level of completion. 4.5 City Presentations 10 JACOBS Team Downtown Implementation Plan Denton, Texas The team will conduct a briefing of the project defining recommendations. The four (4) presentations will allow for public comment toward adoption proceedings in the following meetings: - Denton City Council (2 workshop & public hearing) - Planning and Zoning (2) 4.6 Final Downtown Implementation Plan Report Final report including specifics of Downtown Implementation Plan. Elements within this document include concepts, final plans and implementation actions for the following: - Downtown Parking Plan - Linkages & Urban Design Plan - Architectural Design Guidelines - Parks Recreation & Open Space - Implementation Strategies - Solid Waste Plan - Catalyst Projects definition - Public Investment Strategy - Parks, Recreation, and Open Space economic feasibility study of financing options - Revised Master Plan for Quakertown Park The Jacobs team will deliver 10 bound color copies of the final Denton Downtown Implementation Plan (DIP) and a digital copy (CD) for printing by City 4.7 Final Downtown Form Based Code (FBC) Form Based Code (FBC) for the agreed upon Downtown area that include text, charts, tables, and graphics to regulate new development in Downtown consistent with the goals established for the Downtown Implementation Plan. The Jacobs team will deliver 10 bound color copies of the final Denton Downtown Form Based Code (FBC) and a digital copy (CD) for printing by City Phase 4 Deliverables: 4a - Steering committee meetings (1 per month) - Power point presentation - Handouts 4b - Consensus building plan - Press release (1) - Newsletter (1) 4c - Draft Downtown Implementation Plan Report and FBC - 3 hard copies and 1 CD of Draft DIP at 95% - 3 hard copies and 1 CD of Draft FBC at 95% 4d - Review Meeting on Draft Downtown Implementation Plan Report and FBC 4e - Final Draft Downtown Implementation Plan Report and FBC - 3 hard copies and 1 CD of Final Draft DIP at 100% - 3 hard copies and 1 CD of Final Draft FBC at 100% 4f - City Presentations (4 total - 2 each) - Denton City Council JACOBS Team 11 Downtown Implementation Plan Denton, Texas - Planning and Zoning 4g - Final Downtown Implementation Plan Report - 10 bound color copies of the final Denton Downtown Implementation Plan (DIP) and a digital copy (CD) 4h - Final Downtown Form Based Code (FBC) - 10 bound color copies of the final Denton Downtown Form Based Code (FBC) and a digital copy (CD) Assumptions: 1. City staff will provide prompt and accurate information as may be needed for the project. 2. City staff will provide meeting venues, notice of meetings and will circulate information to committee members and interested parties. End of Scope of Services Denton Implementation Plan JACOBS Team 12 d 7 a W r U r U d O L a C O cc C 3 C o o y a O Y Z W W f z C ° a N L o Z I ~ 0 LU c i Q o n F U M ~ y 0 W 0 y Z 0 Z H E a ~ a W e~ 2 dJ H F O W z E W C z W g a c 0 f F O O ~ ~ ~ V U 0 V Q ~ • n C a W ' z LU .r n cn c a W 3 O vi vi vi u vi i ° O cc d F to x x x x x a a a a a 0 a Denton Downtown Implementation Plan PROJECT COST SUMMARY - EXHIBIT C 15 -Sep-09 Percentage of Project Subtotal Project Total Labor Phase Team Labor Labor Expenses by Firm Phase l Data Assembly & Establish Goals Jacobs $ 19,792 Townscape $ 11,510 RCLCO $ sub totals 14.7% $31,302 below below Phase 2 Assessments & Analysis Jacobs $ 37,110 Townscape $ 19,184 RCLCO $ 1,935 sub totals 27.3% $58,229 below below Phase 3 Comp Vision & Recommendations Jacobs $ 43,295 Townscape $ 30,694 RCLCO $ 9,675 sub totals 39.2% $83,664 below below Phase 4 Implementation Jacobs $ 25,503 Townscape $ 15,347 RCLCO $ 1,290 sub totals 18.8% $40,140 below below Total Project Expenses Jacobs $ 7,395 Townscape $ 765 RCLCO $ 1,500 Professional Fee Jacobs $ 125,700 Townscape $ 76,735 RCLCO $ 12,900 totals 100% $215,335 $9,660 Total Labor Cost $215,335 Estimated Direct Costs (Expenses, Travel, etc) $9,660 Total Project Cost $224,995 Additional Services Hourly Rates: Additional services will occur upon a written document defining tasks and associated costs and/or hours by noted professionals below agreed by both parties. Role/Title Hourly Billing Rate per Person Dave Retzsch (PIC) $219.24/hr Allan Zreet $195.55/hr Rick Leisner (PM) $156.91/hr Doug Tennant $156.00/hr Alexis Massaro $71.76/hr Randy Phillips $102.591hr Noelle Flocke $69.40/hr Brad Moulton $65.99/hr April Sawin $54.60/hr Team Dennis Wilson $210.00/hr Todd LaRue $250.001hr Annie Melton $155.00/hr Bud Melton $140.00/hr Public Meetings' $1,900.00 each (Public meetings are broad community based meetings designed to solicit public input; the term does not include Council or P8Z meetings. Fixed price includes participation by a core team of Jacobs employees, whose hourly rates will not be billed, unless the City requests additional staff participation.) Jacobs Team Page 1 of 1