2008-126ORDINANCE NO. 2M!~ ^ iZ
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
A PROFESSIONAL SERVICES AGREEMENT WITH THE FIRM OF CARTER & BURGESS,
INC. TO PROVIDE ARCHITECTURAL DESIGN SERVICES FOR THE UPDATE OF THE
EXISTING COMPREHENSIVE PARKS, RECREATION AND OPEN SPACE MASTER PLAN
FOR THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR,
AND PROVIDING AN EFFECTIVE DATE (FILE 4069 IN AN AMOUNT NOT TO EXCEED
$109,800).
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 1. The City Manager is hereby authorized to enter into a professional service
contract with Carter & Burgess, Inc., to provide professional architectural and related services for the
update of the existing Comprehensive Parks, Recreation and Open Space Master Plan, a copy of
which is attached hereto and incorporated by reference herein.
SECTION 2. The City Manager is authorized to expend funds as required by the attached
contract.
SECTION 3. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ,2008.
E MCNEILLYOR
Aq
P
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: t'o
APP OVED A TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
3-ORD P 4069
ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
THIS AGREEMENT is made and entered into as of the 17th day of June, 2008, 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 Carter &
Burgess, Inc., with its corporate office at 7950 Elmbrook Drive Dallas, Texas 75247-4925 hereinafter
called "Design Professional," acting herein, by and through their duly authorized representatives.
In consideration of the covenants and agreements herein contained, the parties hereto do mutually
agree as follows:
SECTION I
EMPLOYMENT OF DESIGN PROFESSIONAL.
The Owner hereby contracts with the Design Professional, a licensed Texas architect or
engineer, as an independent contractor. The Design Professional hereby agrees to perform the services
as described herein and in the Proposal, the General Conditions, and other attachments to this
Agreement that are referenced in Section 3, in connection with the Project. The Project shall include,
without limitation, (describe the Project in the space below or in an attachment)
Update to the 2000/2001 Denton Parks & Recreation Master Plan
SECTION 2
COMPENSATION
The Owner shall compensate the Design Professional as follows:
2.1 BASIC SERVICES
2.1.1 For Basic Services the total compensation shall be $109,800.00_.
2.3 REIMBURSABLE EXPENSES Reimbursable Expenses incurred by the Design Professional, the
Design Professional's employees and consultants in the interest of the Project as defined in the General
Conditions shall not exceed a total of $3,000.00 without the prior written approval of the Owner.
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SECTION 3
ENTIRE AGREEMENT
This Agreement includes this executed agreement and the following documents all of which are attached
hereto and made a part hereof by reference as if fully set forth herein:
City of Denton General Conditions to Agreement for Architectural or Engineering Services.
2. The Design Professional's Proposal
3. Attachments N/A through N/A.
This Agreement is signed by the parties hereto effective as of the date first above written.
CITY OF DENTON
BY
GEORGE C. CAMPBELL
CITY MANAGER
CITY OF DENTON
215 E. MCKINNEY ST.
DENTON, TX 76201
ATTEST:
JEN ER WALTERS, CI Y SECRETARY
BY:
APP VED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
DESIGN FIRM
Be-
v CART BURGESS, INC.
7950 EL BROOK DR.
DALLAS, TX 75247-4925
WITN SS: r ,
BY: w W, -
CRA-r 6- a r4 ZAc
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CITY OF DENTON
GENERAL CONDITIONS
I'O
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES
ARTICLE I. ARCHITECI'ORENGINEER'SRESPONSIBII,I'1'IES
1.1 The Architect or Pngineer's scrvices consist of those services for the Project (as defined in the agreement (the "Agreement"') and proposal (the "Proposal") to which these
General Conditions are attached) perforated by the Architect or Engineer (hereinafter called the "Design Professional") or Design Professional's employees and consultants as
enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the "Services').
1.2 The Design Professional will perform all Services as an independent contactor to the prevailing professional standards consistent with the level create and skill ordinarily
exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely
actions (the "Degree of Care'). The Services shall he Ixdorncd as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of the Project.
Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the performance of the Services which may be adjusted as the Project
procceds. and shall include allowances for periods of time required for the Owners review and rot approval of submissions by authorities having jurisdiction over the Project.
Time limits established by this schedule and approved by the Owner stall not, except for masonahle cause, be excetided by the Design Professional m Owner, and any
adjustments to this schedule shall be mu sally acceptable to both parties.
ARTICLE 2 SCOPE OF BASIC SERVICES
2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 2.2 through 2.6 of these General Conditions and include
without limitation normal structural. civil, mechanical and elecn'ical engineering services and any other engineering services necessary to produce a complete and accurate sea of
Construction Documents, as described by and required in Section 2.4. The Basic Services any be modified by the Agreement.
2.2 SCHEMATIC DESICN PHASE
2.2.1 The Design Professional, in consultation with the Owner, shall develop a written progmun for the Project to ascertain Owners needs and to establish the
requirements for the Project.
2.2.2 The Design professional shall provide a preliminary evaluation of the Ownet's program, construction schedule and construction budget requirements, each in
terms ofthe other, subject to the limitations set forth in Subsection 5.2.1.
2.2.3 The Design Professional shall review with the Owner alternative approaches to design and construction of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner,
Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall
contemplate compliance with all applicable laws, statutes, ordinances, odes and regulations.
2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and
which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of time from the
commencement to the completion of construction.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Design
Pto essional shall prepare. for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and desenhe the size and
character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply
with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owners approval of the documents, Design Professional represents that the
Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project.
23.2 The Design Professional shall advise the Owner of any adjusunents to the preliminary estimate of Construction Cost in it further Detailed Statement as described
in Section 2.2.5.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Documents and any funher adjustments in the scope or quality of the Project or in the construction budget
authored by the Owner, the Design Professional shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting
forth in detail requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations.
2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding ca procurement information, bidding or procurenmenn forms, the
Conditions of the contact, and the form of Agreement between the Owner and contractor.
2.4.3 The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements
or general market conditions.
2.4.4 The Design Professional shall assist the Owner in connection with the Owners responsibility for filing documents required for the approval of govemntenttl
authorities having jurisdiction over the Project.
2.5 CONS"rRUC'1'IONCONI'RACTPR000REMENT
2.5.1 The Design Professional, following the Owner's approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cod,
shall assist the Owner in procuring a construction contract for the Project through any procurement method than is legally applicable to the Project including without
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Iinanition, the competitive sealed bidding pra.ess. Although the Owner will comider the advice of the Design Professional, the award of tire consmactioncontract is in
the sole discretion of the Owner.
25.2 If the construction contract amount for the Project exceeds the total construction coat of the Project as set forth in the approved Detailed Statement of Probable
Construction Costs of the project submitted by the Design Professional, then the Design Professional, at its sole cost and expense, will revise the Construction
Documents as may be acquired by the Owner to reduce or modify the quantity or quality of the work so that the total construction cast if the Project will not exceed
the total construction cost set forth in the approved Detailed Statement of Probable Construction Costs.
2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT'
2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract
(or Construction and terminates at the issuance to the Owner of (he final Certificate for Payment, unless extended under the terms of Subsection 83.2.
2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For design professionalss the administration
shall also be in accordance with AIA document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement as may be
attended by the City of Denton special conditions, unless otherwise provided in the Agreement. For engineers the administration shall also be in accordance with the
Standard Specifications for Public Works Construction by the North Central Texas Council of Governments. cuneni as of the date of the Agaceneni, unless otherwise
provided in the Agreement.
2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, niodi ied or extended without written
agreement of the Owner and Design Professional.
2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owners direction from
time to time during the correction, or warranty period described in the Contract for Construction. The Design Professional shall have authority to act on bchalfol the
Owner only to the extent provider) in the Agreement and these General Conditions unless otherwise modified by written instrument.
2.6.5 The Design Professional shall ohserve the construction site at least one tittle a week, while construction is in progress, and as reasonably necessary while
construction is not in progress, to become familiar with the progress and quality of the work completed and to determine if the work is being performed in a manner
indicating that the work when completed will be in accordance with the Contact Documents. Design Professional shall provide Owner a written report subsequent to
each on-site visit. On the basis of on-site observations the Design Profes's'ional shall keep the Owner informal of the progress and quality of the work, and shall
exercise the Degree of Care and diligence in discovering and promptly reporting to the Owner any observable defects or deliciencies in the work of Contractor or any
subeontrnctoa. The Design Professional represents that he will follow Degree of Care in performing all Services under the Agreement. The Design Professional shall
promptly correct any defective designs or specifications famished by the Design Professional at no cost to the Owner. The Owner's appinval, acceptance, use of a'
payment for all or any pan of the Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the
Owners rights hereunder.
2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or
procedures, of for Safety precautions and programs in connection with the work. The Design Professional shall not be responsible for the Contactors schedules or
failure to carry out the work in accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omis-
sions The Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents car employees, or of any
other persons performing portions of the work.
2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress.
2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been 6pecially authorixcd, the Owner and Contractor
shall communicate through the Design Professional. Communications by and with the Design Professional's consultants shall be through the Design Professional.
2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contactors Applications for Payment, the Design Professional
shall review and certify the amounts due the Contractor.
2.6.10 The Design Professional's certification for payment shall constitute a representation to the Owner, based on the Design Profcssional's observations at the site as
provided in Subsection 2.6.5 and on the (taut comprising the Connectors Application for Payment that the work has progressed to the point indicated mid that the
quality of the Work is in accordance with the Contract Documents. The foregoing representations ae subject to minor deviations from the Contract Documents cor-
rectable prior to completion and to specific qualifications expres's'ed by the Design Professional. The issuance of a Certificate for Payment shall further constitute a
representation that the Contractor is entitled to payment in the a riounl certified However, the issuance of a Certificate for Payment shall not be a representation that
the Design Professional has (1) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor
has used money previously paid on account of the Contract Sum.
2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contact Documents. Whenever the Design
Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to require
additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or
completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authority shall give rise
to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons
performing portions of the work.
2.6.12 The Design professional shall review and approve or take other appropriate action upon Contmdor's submittals such as Shop Drawings, Product Dam and
Samples for the purpose of (1) determining compliance with applicable laws, statutes ordinances and talcs: and (2) determining whether or not the work, when
completed, will be in compliance with the requirement' of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no
delay in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design Professional's professional judgment to
permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions
and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the
responsibility of the Contractor to the extent required by the Contract Documents. The Design Profes'sional's review shall not constitute approval ofsafety precautions
or, unless otherwise specifically stated by the Design Professional, of consimetion nicans, methods, techniques, sequences or procedures. The Design Professional's
approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics
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of materials, systems or equipment is required by the Contract Documents the Design Professional shall be entitled to rely upon such certification to establish that the
materials, systems or cquipnhem will meet the perfomaance criteria required by the Contract Document's.
2.6.13 The Design Professional shall prepare Change Orders and Construction Change Directives, with suplxhaing documentation and data if deemed necessary by
tike Design Professional as provided in Subsections 3.1.1 and 3.3.3, for the Owners approval and execution in accordance with the Contract Documents, and may
authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent
of the Contact Docunumts.
2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if
requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review written guarantees and related
documentS required by the Contract for Constnetion to be assembled by the Contractor and shall issue a final certificate for P:ryncnt upon compliance with the
requirements of the Contract Documents.
2.6.15 The Design Professional shall interpret and provide recommendations on matters concerning perfomaance of the Owner and Contractor under the requirements
of the Contract Documents on written request of either the Owner or Contractor. The Design Professional's response to such requests shall be made with wasonablc
promptness and within any tune limits agreed upon.
2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and Iwsonahly inferable from the Contract Documents and shall
be in writing or in the horn of drawings. When making such interpretations and initial decisions, the Design Professional shall endeavor insecure faithful performance
by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this
Agreement and in the absence of negligence.
2.6.17 The Design Professional shall tender written decisions within a reasonable tune on all clams, disputes or other matters in question between the Owner and
Contractor relating to the execution or progress of the work as provided in the Contract Documents.
2.6.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Cue; (2) will reimburse the Owner For all damages
caused by the defective designs the Design Professional prepares; and (3) by acknowledging payment by the Owner of any Ices due, shall not be released from any
rights the Owner may have under the Agreement or diminish any of the Design Professional's obligations thereunder.
2.6.19 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during
the Construction Phase.
ARTICLE3 ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services describers in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid Ior by the
Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if
authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond
the Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional services until it receives written
approval from the Owner to proceed. If the Owner indicates in writing that all or pan of such Contingent Additional Services are not required, the Design Professional
shall have no obligation to provide those services. Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if
they are not required due to the negligence or fault of Design Professional.
3.2 PROJECT REPRF_SEN ,VrION BEYOND BASIC SERVICES
3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is "Lived, the Design Professional shall provide one or more Project
Representatives to assist in carrying out such additional on-silk responsibilities.
3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, mid the Design Professional shall be compensated therefor as
agreed by the Owner and Design Professional.
33 CONTINGENI'ADDI'FIONAL SERVICES
33.1 Making material revisions in Drawings, Specifications or other docurents when such envisionsare:
1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's
program or Project budget;
2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or
3. due to changes required as a result of the Owners failure to render decision in a finely manner.
3.3.2 Providing services squired because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owners schedule, except
for services squired under Subsection 2.5.2.
3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and
Construction Change Directives.
3.3.4 Providing consultation conceming replacement of work damaged by fire or other cause during consimction, and famishing services required in connection with
the replacement of such work.
33.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of performance
of either the Owner or Contractor under fie Contract Ior Construction.
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3.3.6 Providing services in evaluating an extensive number ofclaimS Submitted by the Contractor or others in connection with the work.
3.3.7 Pmviding services in connection with a public hearing, arbitration proceeding or legal proceeding except where tine Design professional is parry thereto.
33.8 Providing services in addition to those required by Article 2 for preparing documents lot alternate. separate or sequential bids or providing services in connection
with bidding or construction prior to the completion of the Construction Documents Phase.
3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are
caused or necessitated in whole or in pan due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the
Basic Services under the Agreement with no additional compensation above and beyond the coniNnsation due the Design Professional for the Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.3.9.
3.4 OPPIONALADDITIONALSP.RVICFS
3.4.1 Providing financial feasibility or other special studies.
3.4.2 Providing planning surveys, site evaluations or comparative studies ofprn'pective sites.
3.4.3 Providing special surveys, emiromnental studies and submissions required for approvals of govcmmental authorities or others having jurisdiction over the
Project.
3.4.4 Providing services relative to future facilities, systems and equipment.
3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof.
3.4.6 Providing services to, crify the accuracy of drawings or other information famished by the Owner.
3.4.7 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with
construction performed and equipment supplied by the Owner.
3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor.
3.4.9 Providing analyses of operating and maintenance costs.
3A. 10 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities.
3.4.12 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals,
training personnel for operation and maintenance and consultation during operation.
3.4.13 Providing interior design and similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related
equipment.
3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment and expiration of the Warranty
period of the Contract for Construction.
3.4.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering portions of the Project provided as a pan of
Basic Services.
3.4.16 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural
practice.
3.4.17 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during con-
struction based on marked-up prints, drawings and other data furnished by the Contractor to the Design Professional.
3.4.18 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are
caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a pan of the
Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. 71ne
intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.4.18.
ARTICLE4 OWNER'S RESPONSIBILITIES
4.1 The Owner shall consult with the Design Professional regarding requirennents for the Project, including (1) the Owner's objectives, (2) schedule and design
constraints and criteria, including Space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more speci-
fically described in Subsection 2.2.1.
4.2 'rhe Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies
whited to all of these casts.
4.3 If requested by the Design Professional, the Owner shall famish evidence that financial arrangements have been made to fulfill the Owner's obligations under this
Agreement.
4.4 "1 lie Owner shall designate a representative authorited to act on the Owner's behalf with respect to the Project. The Owner or such authori7ed representative shall
render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential
progress of the Design Professional's smites.
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4.5 Where applicable, the Owner shall I umi.sh surveys desciihing physical characteristics, legal limitations and utility locations forthe site of the Project, and a written
legal description of the site. The surveys and legal information shall include, as applicable, grades mid lines of streets, alleys, pavements and adjoining progeny and
stmcmres; adjacent drainage; rights-of-way, restrictions, casements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,
dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both
Public mid private, above and below grade, including inverts and depths. All the information on the suncy shall be referenced to a project benchmark.
4.6 Where applicable, the Owner shall furnish the services ofgeotechnical engineers when such services are requested by the Design Professional. Such services may
include but are not limited to test borings, tea pits, determinalmoS of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and re-
sistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations.
4.6.1 The Owner shall Flemish the services of other consultants when such services arc reasonably required by the scope of the Project and arc requested by the Design
Professional and arc not retained by the Design Professional as part ofits Basic Services or Additional Services.
4.7 When not it pan of the Additional Services, the Owner shall furnish structural, mechanical, chemical, air and water pollution teas, tests of hazardous materials,
Lord other laboratory and environmental rests, inspections and reports required by law or the Contract Documents.
4.8 The Owner shall fumish all legal, accounting and insurance counseling services as may he necessary at any tittle for the Projcct, including auditing services the
Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contracwr has used the money paid by or on
behalf of the Owner.
4.9 The services, infor ation, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished at the Owner's expense, and the Design
Professional shall he entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional.
4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware ninny fault or defect in the Project or nonconformance with
the Contract Documents.
4.11 Design Professional shall propose language for certificates or certifications to he requested of the Design Professional of Design Professional's consultants and
shall submit such to the Owner for review and approval at bast fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require
knowledge or services beyond die scope of the Agreement.
ARTICLE5 CONS'rRUCHON COST
5.1 CONSTRUCTION COST DEFINED
5.1.1 The Construction Cast shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Design Professional.
5.1.2 The Construction Cost shall include the cost at cument neuter rates of label and materials furnished by the Owner and equipment designed, specified, selected or
specially provided for by the Design Pmfessional, plus a reasonable allowance for the Contractors overhead and profit. In addition, a reasonable allowance for con-
tingencies shall be included for market conditions at the time of bidding and for changes in the work during eonsnuction.
5.13 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights-of-way,
financing or other costs which are the responsibility of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONS'TRUC`TION COST
5.2.1 Evaluations of the Owner's Project budget, prelinrinmy estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design
Professional represent the Design Professional's best judgment its a design professional familiar with the construction industry. It is recognised, however, that neither
the Design Professional nor the Owner has control over the cost of labor, materials or egquipment, over the Contractor's methods of determining bid prices, or over
competitive hidding or nimkel conditions. Accordingly, the Design Profes's'ional cannot and does not warrant or represent that bids or cost proposals will not vary
fi'our the Owner's Project budget of from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional.
5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the furnishing, proposal or establishment ofa Project budget, unless
such fixer) limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be penrimed
to include contingencies for design, bidding cold price escalation, to determine what materials, equipment, component systems and types of construction are to be
included in the Contract Documents, to make reasonable adjustments; in the scope of the Project and to include in the Contract Documents alternate bids to adjust the
Construction Cost to the fixed limit Fixed limits, if any, shall he increased in the amount of an increase in the Contract Sum occurring after execution of the Contract
for Construction,
5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project
budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission
of the Construction Documents to the Owner and the dale on which proposals are sought.
ARTICLE6 OWNERSHIP AND USE OF DOCUMENTS
6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design professional's service mid shall
become do property of the Owner upon tentimation or completion of the Agreement The Design Professional is entitled to retain copies of all such documents. Such
documents are intended only be applicable to this Project, and Owner's use of such documatts in other projects shall be at Owners sole risk and expense. In the event the
Owner uses any of the infor cation or materials developed pursuant to the Agreement in another project or for other purposes than arc specified in the Agreement the Design
Professional is released from any and all liability relating to their use in that project
6.2 Submission or distribution of documents to meet official regulatory requirements or fir similar purposes in connection with the Project is not to be construed as publication
in derogation of the Design Professional's reserved rights.
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ARTICLE7 TERMINATION, SUSPENSION OR ABANDONMENT
7.1 The Design Pinfevsional may terminate the Agreement upon not Icss dear thirty days written notice should the Owner fail subse ntially to perform in accordance with the
terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause Orion thirty (30) days
prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease immediately upon Design Professional's receipt of Such
notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it satisfactorily performed prior to the receipt of such notice. No
amount shall he due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon termination of the
Agreement and shall be promptly delivered to the Owner in a reasonably organized form. Should Owner snhsequcmly contract with a now Design Professional for continuation
of services on the Project, Design Professional shall cooperate in providing information.
7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to
notice of Such .suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses inclined in the interruption
and resumption of the Design Professional's services.
7.3 The Agreement may be terminated by the Owner upon not lees than seven days written notice to the Design Professional in the clear that the Project is permanently
abandoned If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written
notice.
7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be considered substantial non-
pcdonnance and cause for termination.
7.5 It the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, to Design
Professional may, upon seven days written notice to the Owner, suspend performance of services under the Agreement.
7.6 In the evert of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily performed prior to
termination.
ARTICLE 8 PAYMEN`15 TO THE DESIGN PROFESSIONAL.
8.1 DIRECT PERSONNELEXPENSE
8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cusp of their
mandatory and customary contributions and benefits related thereto, such as employment taxes and oher statutory employee benefits, insurance, sick leave, holidays.
vacations, pensions and similar contributions and benefits.
8.2 REIMBURSABLE EXPENSES
8.2.1 Reimbursable Expenses arc in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and
Iksign Professional's employees and consultants in the interest of the Project, as identified in the following Clauses.
8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authomed out-ot-town travel; long-distance communications;
and fees paid for securing approval of authorities having jurisdiction over the Project.
8.2.1.2 Expense of reproductions (except the repr(duction of the sets of documents referenced in Subsection 26.19), postage and handling of Drawings,
Specifications and other deeunhents.
8.2.1.3 If authorized in advance by the Owner, expense of overtinhe work requiring higher than regular rates.
8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner.
8.2.1.5 Expense of computer-aided design and drafting equipment time when used in connection with the Project.
8.2.1.6 Other expenses that are approved in advance in writing by the Owner.
83 PAYMENTS ON ACCOUNT OF BASIC SERVICES
8.3.1 Payments for Basic Services shall he made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the
basis set forth in Section 2 of the Agreement and the schedule ofwork.
8.3.2 h and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional, compensation for any
services rendered durirhg the additional period of time shall be computed in the manner set forth in Section 2 of the Agreement.
83.3 When compensation is based on a pe cvntage of Construction Cost mid any portions of the Project arc deleted or otherwise not constructed, compensation for
those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 2 of the
Agreement based on (1) the lowest bona fide bid or (2) if no such hid or proposal is received, the most recent preliminary estimate of Coiva action Cost or detailed
estimate of Construction Cost for such portions of the Project.
8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expcnsa shill he mode monthly within 30 days after the
presentation to the Owner of the Design Professional's mltement of services rendered or expenses inarred.
8.5 PAYMENTS WITHHELD No deductions shall be nude from the Design Professional's compensation on account of penalty, liquidated damages or other sums withheld
from payments to contractors, or on account of the cost of changes in the work other than those for which the Design Professional is responsible.
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8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or Owners authomed represennnive records of
Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense for inspection and
copying during regular business hours for three years after the date of the final Certificate of Payment. or until any litigation related to the Project is final, whichever date is
later.
ARTICLE 9 INDEMNITY
9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees from and against any and all liability,
claims, demands, damages, lasses, 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 properly damage, resulting from the negligent acts or emissions of the Design Professional or its officers,
shareholders, agents, or employees in the performance of the Agreement -
9.2 Nothing herein shall be construed ro create it liability to any person who is not a party to the 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 it party to the Agreement. including the defense of govemmcntal immunity, which
defenses are hereby expressly reserved.
ARTICLE 10 INSURANCE Dating the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an
insurance company licensed or authorized 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 oral lead an A- or above:
10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $ 1,000,000 OF each occurrence and not less than $2,000000 in the aggregate,
and with property damage limits of not lees than SI00,000 for each occurrence and not less than $250,000 in the aggregate.
10.2 Automobile Liability Insurance with bodily injury limits of not less than 5500,000 for each person and not less than $500,000 for each accident, and with property
damage limits of not less than 5100,000 for each accident.
10.3 Worker's Corapcnsation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each
accident including occupational disease.
10.4 Deleted
10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the time
of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers. '
Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or
modifier) without thirty (30) days' prior written notice to Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date of the
Change or cancellation, famish Owner with substitute certificates of insurance meeting the requirements of this Article 10.
ARTICLE I I MISCELLANEOUS PROVISIONS
11.1 The Agreement shall be governed by the laws of the State of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusively in Denton County,
'texas.
11.2 The Owner and Design Professional, respectively, hind themselves, their partners, successors, assigns and legal representatives to the other puny to this Agreement and to
the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Design Professional shall not assign its
interests in the Agreement without the written consent of the Owner.
11.3 The term Agre rnem as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 Of the
Agreement which together represent the entire and integrated agreement between the Owner and Des'igm Professional and supersedes all prior negotiations, representations or
agreements, either written or oral. The Agreement may he amended only by written instrument signed by both Owner and Design Professional. When interpreting the
Agreement the executed Agreement, Proposal, these General Conditions and the other attachmclas referenced in Section 3 of the Agrecmcm shall to the extent that is
reasonably possible be read so as to harmonize the provisions. However, should the provisions of these documents be in conflict so that they can not be reasonably harmonized,
such documents shall be given priority in the following order:
1. Theexecuted Agreement
2. Attachments referenced in Section 3 of the Agreement other than the Proposal
3. These General Provisions
4. The Proposal
11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Design
Professional.
11.5 Upon receipt of prior writlen approval of Owner, the Design Professional shall have the right to include representations of the design of the Project, including photographs
of the exterior and interior, among the Design Professional's promotional and professional materials. The Design Professional's materials shall not include the Owners
confidential or proprietary information if the Owner has previously advised the Design Professional in writing of the specific information considered by the Owner to he confi-
dential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project.
11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, 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 he an assumption of such
responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants.
11.7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing
same in the United Stales nail to the address Shown below signature block on the Agreement, certified mail, return receipt requested, unless otherwise specified herein.
All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing.
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11.8 If any provision of the Agreement is found or deemed by a court of conhpeteni jurisdiction to be invalid or unenforceable, it shall be considered severable from the
remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform the 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.
11.9 The Design Professional shall comply with all federal, stale, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they
may now read or hereinafter he amended during the term of this Agreement.
11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the bas'isof race, color, religion, sex,
national origin or ancestry, age, or physical handicap.
11.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of the Agreement.
11.12 "Any delays in or failure of performance by Design Professional or Owner, other than the payment of money, shall not constitute default hereunder if and to the
extent such delays or failures of performance are caused by occurrences beyond the reasonable control of Owner or Design Professional, as the case may be, including
but not limited to, acts of God m the public enemy; compliance with any order or request of any governmental authority; files, floods, explosion, accidents; riots, strikes
or other concerted acts of workmen, whether direct or indirect; or any causes, whether or not of the same class or kind as those specifically named above, which arc not
within the reasonable control of Owncr or Design Professional respectively. In the event that any event of force majeure as herein defined occurs, Design Professional
shall be entitled to a reasonable extension of time for performance of its services under this Agreement".
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Exhibit 'A'
SCOPE OF SERVICES AND FEES
FOR THE UPDATE TO THE
2000/2001 DENTON PARKS & RECREATION MASTER PLAN
PROJECT DESCRIPTION
Jacobs Carter Burgess (JCB) will provide professional planning and landscape
architectural design services for the update of the existing Comprehensive Parks,
Recreation and Open Space Master Plan for the City of Denton.(City)
JCB has prepared this scope of work based upon a meeting on April 25, 2008
with City staff. At that meeting, City staff also requested that a Trail Master Plan
be added to the Master Plan. It is understood that the City of Denton would like
the Master Plan completed by October 2008. JCB will provide one (1) unbound
and six (6) bound originals and one (1) CD with digital copies of the
Comprehensive Parks, Recreation and Open Space Master Plan document at
the completion of the project.
II. SCOPE OF SERVICES
PHASE I - INVENTORY/ANALYSIS
A. Base Map Preparation
The City will provide JCB with all Park Boundaries (in the form of deeds
or boundary surveys) and all relevant GIS shape files so that JCB can
create a Park layer for the Park Maps. Those backup files will include, but
not be limited to the following: streets, buildings, topography, drainage
ways, vegetative cover, mobility plan, trail plan, sidewalk inventory and
existing park inventory maps. This digital information will be provided in a
GIS format.
B. Inventory/Supply Analysis
1. The Inventory will be done by City of Denton Parks Staff. A list of
items to be inventoried and issues to be recorded within the parks
will by provided by JCB.
2. JCB will obtain available inventory information as provided by the
City. After obtaining inventory information, JCB will perform a
citywide facility tour to review the existing and potential parks and
recreation resources, trail opportunities, facilities, and programs
provided to the citizens of the community. This tour should be
conducted with the City's Project Manager. City will provide JCB
inventory data including:
JCB k024783010.PSA02 Exhibit A- Scope of Services and Fees May 2008
City of Denton - Comprehensive Parks, Recreation and Open Space Master Wan Pape 1 of to
a. Public park and recreation areas owned and leased by the
City including a complete facility inventory. Specific
development shall be noted for each park (i.e., linear feet
of trails,number of benches, number of picnic tables, etc.).
b. Joint use facilities between the City, the DISD, TWU, and
UNT.
C. Sites for preservation or conservation of natural areas.
d. Existing recreation programs offered by the City, including
organization and projected growth of programs.
e. Existing City co-sponsored Recreation Sports Associations
and Organizations:
Number of teams and individuals participating in
each association and projected growth.
Facilities utilized by each Association.
Inventory of other public, Not-for-Profit, and private park
and recreation opportunities in Denton.
Population and Demographic Characteristics
A population analysis concentrating on the factors
of growth, distribution, and projected changes
A demographic analysis concentrating on the
factors of age, income, gender, education, ethnicity,
and projected changes
D. Standard Analysis
Park, Recreation and Open Space Classification Guidelines are
expressions of the amount of land a community determines should
constitute the minimum acreage and development criteria for different
classifications or types of parks, open space, and greenways. JCB will
use the NRPA classification system as a guide for planning and
classifying the current parks within the Denton Park System. JCB will
evaluate the City of Denton's current conditions of parks and recreation
resources based upon the "Denton Comprehensive Plan," Section 12 -
Parks, Recreation & Open Space, to determine overall community needs.
Review existing park standards and classifications which apply to
Denton.
JCB 8024783010.PSA02 Exhibit A- Scope of Services and Fees May 2008
City of Denton - Comprehensive Packs, Recreation and Open Space Master Plan Psge 2 of 10
2. Compare existing facilities to Denton's published standards to
determine the amount of facilities and park acres needed to meet
the needs of the community.
3. Evaluate existing resources of the community for open space,
greenbelt linkages, parks, and recreation facilities based upon
user participation.
E. Demand Analysis and Needs Assessment
National Service Research (NRS) will perform the Needs Assessment
Public Meeting - NSR proposes to discuss with Jacobs Carter &
Burgess the key goals, objectives and specific issues to be
included in the citizen public meeting. NSR will design a
discussion guide to include 10 to 15 key issues to be discussed at
the public meeting. City of Denton staff will be responsible for
advertising the public meeting and providing a location to host the
public meeting. The public meeting will be held on an agreed
upon date, location and time.
Focus Groups - NSR will conduct two focus group sessions in
one evening at a city provided facility. The first focus group
session will be conducted with random citizens and the second
with user groups. It will be the responsibility of City of Denton
Staff to provide NSR with contact names, phone numbers and e-
mail addresses to invite to each of the two focus groups.
3. Recruit Focus Groups - NSR will contact all prospective focus
group participants and invite them to the focus groups on an
agreed upon date, time and location. NSR will send each
participant a confirmation letter and map to the facility. NSR will
call each respondent the day prior to the session as a reminder.
4. Focus Group Discussion Guide - NSR will utilize the same
discussion questions as in the public meeting. NSR will add any
key questions that merit exploration based upon the public
meeting input.
5. Conduct Focus Groups-Andrea Thomas, owner, of NSR will
moderate each of the two focus group sessions. Notes from the
discussion will be taken on a flip chart. A summary of the findings
will be included with the final report.
6. Develop Citizen Survey Instrument- The survey instrument will be
developed by NSR in consultation with City staff and others
involved. The survey instrument design will be heavily influenced
by the findings of the public meeting and focus groups. All survey
drafts will be submitted to Jacobs Carter & Burgess and City of
Denton staff for review and approval. The final survey will be
JCB N024783010.PSA02 Exhibit A- Scope of Services and Fees May 2008
City of Denton - Comprehensive Parks, Recreation and Open Space Master Plan Pege 3 of 10
approved by the City of Denton staff prior to mailing of the
surveys.
7. City of Denton to Print/Mail Surveys_ NSR will print and mail up
to 5,000 citizen surveys. All surveys will include a business reply
The City of Denton will provide NSR a random list of resident
addresses in an excel spreadsheet.
8. Computer Survey Tabulation .7- Surveys will be computer
processed as they are returned. NSR will computer process up to
1,000 returned surveys. NSR will provide frequency distributions,
crosstabulations, tables, graphs and other data manipulations
requested by City of Denton. NSR will also provide verbatim
responses from open ended questions on the survey.
9. Final Report - NSR will prepare an analysis of all survey data, and
will prepare and submit a written (text and graphics) report of
citizen results. The report will be concise and easy to interpret for
staff. The report will summarize areas of priority and other key
findings. The report will provide a description of the methodology
and confidence level of results. NSR will submit a draft final report
utilizing color graphics and text for staff to review. The report will
be finalized by incorporating revisions and additional analyses
requested by staff. The final report will be produced in
PowerPoint. All raw survey data as well as the PowerPoint report
will be provided to the City of Denton electronically.
10. Summarize needs assessment information in order to identify the
priorities for parks and recreation as expressed by the citizens of
Denton. Based upon priorities, evaluate expressed citizen needs
versus available facilities.
PHASE II - PARKS, RECREATION AND OPEN SPACE MASTER PLAN
A. Priority Analysis
Prepare a priority analysis for for ranking the action plan
recommendations for parks acquisition, expansion, and
development. The priority analysis will provide for special
emphasis on the priorities of the citizens, City staff, JCB input, and
other factors. The following steps will be included:
a. From Needs Assessment results and other input, the
completion of a priority ranking matrix.
b. Prepare ranking matrix and present to City's Project
Manager to obtain input on overall citywide priorities.
JCB #024783010.PSA02 Exhibit A- Scope of Services and Fees May 2008
City of Denton -Comprehensive Parks, Recreation and Open Space Master Plan Page 4 of 10
B. Conceptual Trail Master Plan
Based upon the input received in Phase I, JCB will develop a
conceptual plan for trail network, linkages, greenway corridors,
etc.
2. JCB will attend one (1) meeting with City representatives and
Citizen Advisory Committee to present the conceptual trail plan.
During this meeting, a consensus will be agreed upon which
meets the overall goals and a citywide trail system, as set forth by
the City.
Based upon city feedback from task B-2, conduct a follow-up site
review with City Representatives to evaluate specific areas,
constraints, and existing conditions affecting potential trail
development.
C. Action Plan
The Action Plan clearly outlines the actions that are required to fulfill
goals, policies and objectives of the systems plan. The very purpose of
this Parks, Recreation and Open Space Master Plan is to guide future
development and provide the City with a tool to motivate the citizens of
Denton to support, participate, and collaborate with park development,
recreation programs and achieving the vision set forth by this plan.
Based upon priority analysis, JCB will provide recommendations
for an Action Plan to establish a definitive direction for parks,
recreation, open spaces and trails throughout the City.
a. This will be presented in written dialog as well as a Map for
visual
b. JCB will need to have a working meeting with City/Staff to
compose the preliminary Action Plan.
C. The City/Staff will be given this section in draft form to be
reviewed, to insure the Plan is complete by October the
Plan will need to be reviewed promptly to ensure ample
time for revisions, and the final publishing.
D. Final Update to Parks, Recreation and Open Space Master Plan
Plan contents shall include but not be limited to the following:
a. Proof of Adoption by the City Council of Denton by
Ordinance or Resolution.
b. An updated introduction which includes the unit of
government, background information about socio-
economic make-up, current and projected populations,
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City of Denton - comprehensive Parks, Recreation and Open Space Master Plan Page 5 of 1 o
growth or non-growth patterns, and the City of Denton's
role in providing parks and recreation opportunities.
Q An updated plan development process which includes
information regarding who prepared the plan, planning
committees utilized, public input received through meetings
and surveys.
d. An updated inventory of park areas and facilities.
e. Updated acreage and facility standards which apply to the
City of Denton.
f. An updated needs assessment and identification that is
demand, standard and resource based.
h. Final Conceptual Trail Master Plan exhibit/map depicting
proposed trail corridors and linkages, and a executive
summary report including recommendations for future trail
development by classification.
i. An updated Action Plan and prioritization of needs which is
area and/or facility specific and ranked according to priority
order.
j. Updated Goals and Objectives that identify parks,
recreation, open space and trail action items, and the time
period which the plan is intended to cover.
k. Updated Illustrations, maps, surveys, etc. which will help
communicate the planning process and efforts and support
stated conclusions.
2. Final Deliverables shall include:
a. Submit two (2) bound copies of an Executive Summary.
b. Submit one (1) unbound original, six (6) bound copies, and
one (1) CD with digital copies of final Master Plan
document with color exhibits/maps to be inserted. City will
be responsible for printing additional copies of the final
Master Plan.
C. Prepare one color master plan GIS exhibit to be used for
display at City Hall.
d. Present Updated Master Plan to City staff, Park,
Recreation and Beautification Board and City Council for
final approval.
JCB #024783010. PSA02 Exhibit A- Scope of Services and Fees May 2008
Oty of Denton - Comprehensive Parks, Recreation and Open Space Master Plan Page 6 of 1 o
III. SCHEDULE
The project is estimated to take approximately five-six (5-6) months to complete
depending upon the final scope of work and meetings as requested by the City of
Denton. The following outline illustrates the anticipated schedule:
PHASE I - INVENTORY/MARKETING ANALYSIS
Base Map Preparation (1-2 weeks) Inventory/Supply Analysis (2-3 weeks)
Population and Demographic Characteristics (2-3 weeks)
Standard Analysis (2-3 weeks)
Demand Analysis and Needs Assessment (5-6 weeks)
PHASE II - PARKS. RECREATION AND OPEN SPACE_ MASTER PLAN
Priority Analysis (2-3 weeks)Conceptual Trails Master Plan (3-4 weeks)
Action Plan (2-3 weeks)
Final Updated Master Plan (2-3 weeks)
JCB #024783010.PSA02 Exhibit A- Scope of Services and Fees May 2008
City of Denton - Comprehensive Parks, Recreation and Open Space Master Plan Page 7 of 10
IV. COMPENSATION SCHEDULEPHASE I - Inventory/Supply Analysis
A. Base Map Preparation
Lump Sum
$12,020.00
B. Inventory/Supply Analysis Population and Demograph
ic Characteristics
Lump Sum
$3,400.00
C. Population and Demographic Characteristics
Lump Sum
$2,280.00
D. Standard Analysis
Lump Sum
$2,080.00
E. Demand Analysis and Needs Assessment
Lump Sum
$20,100.00
Total
$39,880.00
PHASE II - PARKS. RECREATION AND OPEN SPACE MASTER PLAN
A. Priority Analysis
Lump Sum $2,320.00
B. Conceptual Trail Master Plan
Lump Sum .....................................................................$18,100.00
C. Action Plan
Lump Sum $23,100.00
D. Updated Final Master Plan
Lump Sum $23,400.00
Total $66,920.00
Reimbursable Expenses (Not-to-Exceed) .........................................$3,000.00
(Includes all reproduction, plotting, photography, materials, traveUmeals, postage
and delivery expenses incurred during the project).
Project Total $109,800.00
JCB #024783010.PSA02 Exhibit A- Scope of Services and Fees May 2008
City of Denton - Comprehensive Parks, Recreation and Open Space Master Plan Page 8 of 10
IV. ASSUMPTIONS
A. Items to be supplied by the City:
The City shall appoint a project manager with decision-making
authority to interface with JCB.
2. Parkland boundaries in the form of deeds or boundary surveys.
3. Relevant GIS shape files pertinent to this planning effort.
4. Inventory of the existing park improvements
a. Public park and recreation areas owned and leased by the
City including a complete facility inventory. Specific
development shall be noted for each park (i.e., existing
trails, number of benches, number of picnic tables, etc.).
b. Joint use facilities between the City, the DISD, TWU, and
UNT.
c. Sites for preservation or conservation of natural areas.
d. Existing recreation programs offered by the City, including
organization and projected growth of programs.
e. Existing City co-sponsored Recreation Sports Associations
and Organizations.
f. Number of teams and individuals participating in each
association and projected growth.
g. Facilities utilized by each Association.
h. Inventory of other public, Not-for-Profit, and private park
and recreation opportunities in Denton.
5. Current demographic information, including:
a. Population projections, including factors of growth and
distribution.
b. Demographic analysis concentrating on the factors of age,
income, gender, education, ethnicity, and projected
changes
B. City will have no more than 10 calendar days to review each draft to
ensure the project remains on schedule (October 2008)
C. All mapping to be created in GIS format, and delivered to the City in
electronic format, and 30 x 42 prints; as requested by the City, if the City
JCB 9024783010.PSA02 Exhibit A- Scope of Services and Fees May 2008
City of Denton - Comprehenswe Parks, Recreation and Open Space Master Plan Paga g of 10
desires to have additional maps created using different software; this may
result in additional services.
D. As a final deliverable, JCB will provide one (1) unbound and six (6) bound
originals and one (1) CD with digital copies of the Comprehensive Parks,
Recreation and Open Space Master Plan document in Adobe Acrobat
format.
E. Services not specifically listed within this scope of services will be
considered an additional service subject to a potential contract
modification, and will be undertaken by JCB after authorization in writing
by the City.
JCB #024783010.PS402 Exhibit A- Scope of Services and Fees May 2008
City of Danton - Comprehensive Parks, Recreation and Open Space Master Plan Page 10 of 10