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2001-068AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH FREGONESE CALTHORPE ASSOCIATES TO PROVIDE PROFESSIONAL SERVICES FOR THE DEVELOPMENT OF AN OPEN SPACE PLAN AND A DOWNTOWN REVITP.! .IZATION PLAN AS SET FORTH IN THE CONTRACT, AND PROVIDING AN EFFECTIVE DATE (PSA 2651 - PROFESSIONAL SERVICE AGREEMENT FOR OPEN SPACE PLAN AND DOWNTOWN REVITALIZATION PLAN AWARDED TO FREGONESE CALTHORPE ASSOCIATES IN THE AMOUNT OF $54,900 FOR THE OPEN SPACE PLAN AND $116,900 FOR THE DOWNTOWN REVITAI.IZATION PLAN, TOTAL AWARDED $166,900) WHEREAS, The professional services prowder (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 the Provider, Fregonese Calthorpe Associates is to provide Assistance in Implementation of the Downtown Revitalization Plan and Open Space 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 SECTION III The finchngs in the preamble of this ordinance are incorporated herein by reference SECTION IV This orchnance shall become effective immediately upon its passage and approval AND APPROVED this the d 0~/~ day of ~ 2001 PASSED EULINE BROCK, MAYOR ATTEST JENNll~ER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM DOWNTOWN RE¥1TAI.,IZATION ORDINAIqCI~- 2001 PROFESSIONAL SERVICES AGREEMENT FOR OPEN SPACE AND DOWNTOWN MASTER PLANS STATE OF TEXAS § COUNTY OF r)ENTON § A THIS AGREEMENT is made and entered into as of the ~f~ day of ~ 20 {)/ , by and between the C~ty of Denton, Texas, a Texas mumcipal cor~orauon, w~tl~lts principal office at 215 East Mcganney Street, Denton, Demon County, Texas 76201, hereinafter called "OWNER" and Fregonese Calthorpe Associates, with ~ts company office at 421 S.W. Sixth Avenue, Suite 1010, Portland, Oregon 97204, hereinafter called "CONSULTANT," acting hereto, by and through their duly authorized representauves WITNESSETH, that m consideration of the covenants and agreements herein contoaned, the partaes hereto do mutually agree as follows ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with the CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services hereto in connectmn with the Project as stated in the sectaons to follow, with &hgence and in accordance with the lughest professional standards customarily obtained for such services in the State of Texas The professional services set out herein are in connection wath the following described project The ProJect shall include, vnthout hnutatton, the development of an Open Space Master Plan and a Downtown Master Plan. SCOPE OF SERVICES The CONSULTANT shall perform the follovong services m a professional manner A The CONSULTANT shall perform all those services as necessary and as described in the OWNER's scopes of sen, lee for an Open Space Master Plan and a Downtown Master Plan, which is attached hereto and made a part hereof as Exhibit "A" as if written word for word hereto B To perform all those services set forth in CONSULTANT's proposal, wluch proposal ~s attached hereto and made a part hereof as Exlublt "B" as ff written word for word herein C CONSULTANT shall perform all those servxces set forth in lndlwdual task orders which shall be attached to tlus Agreement and made a part hereof for all purposes as separate agreements D If there ts any conflict between the terms of this Agreement and the exhlNts attached to flus Agreement, the terms and conchtmns of this Agreement will control over the terms and conditaons of the attached exhibits or task orders ARTICLE III ADDITIONAL SERVICES Additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included m the above-described Basic Services, are described as follows A During the course of the Project, as requested by OWNER, the CONSULTANT wall be available to accompany OWNER's personnel when meeting with the Texas Natural Resource Conservalaon Comnnsmon, U S Envtromental Protection Agency, or other regulatory agencies The CONSULTANT wall assist OWNER's personnel on an as- needed basis m preparing comphance schedules, progress reports, and providing general teeluncal support for the OWNER's compliance efforts B Assmtmg OWNER or contractor m the defense or prosecuuon of htlgatlon in connection , wath or in addalaon to those services contemplated by this Agreement Such services, if any, shall be furmshed by CONSULTANT on a fee basis negotiated by the respecttve parties outside of and m addition 1o tlns Agreement C Sampling, testing, or analysis beyond that specifically included m Basic Services D Prepanng apphcataons and supporting documents for government grants, loans, or planmng advances and prowdmg data for detmled applications E Appeanng before regulatory agencies or courts as an expert witness in any litigation with third pames or eondenmatton proeeechngs arising from the development or construcuon of the Project, including the preparataon of engmeenng data and reports for assistance to the OWNER PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and shall remmn in force for the period which may reasonably be reqmred for the completion of the Project, mchidmg Addmonal Servmces, if any, and any reqmred extensions approved by the OWNER Ttus Agreement may be sooner terminated m accordance wath the provisions hereof T~me ts of the essence in this Agreement The CONSULTANT shall make all reasonable efforts Page 2 to complete the services set forth hereto as expe~htaously as possable and to meet the schedule establashed by the OWNER, acting through ams Caty Manager or Ins desagnee ARTICLE V COMPENSATION A COMPENSATION TERMS 1 "Subcontract Expense" ~s defined as expenses ancurred by the CONSULTANT an employment of others an outsad~ frans for servmces an the nature of N/A 2 "Dtrect Non-Labor Expense" as defined as that expense for any assagnment recurred by the CONSULTANT for supphes, transportatxon and equapment, travel, commumcataons, subsastenee, and lodging away from home, and samflar mcxdental expenses m connaeuon wtth that assagnment B BILLING AND PAYMENT For and m consademtaon of the professmonal servaces to be performed by the CONSULTANT hereto, the OWNER agrees to pay, based on the cost estimate detml at an hourly rate shown m Exinbtt "C" winch as attached hereto and made a part of flus Agreement as xf written word for word hereto, a total fee, including , remmbursement for &rect non-labor expenses not to exceed $166,900 Pamal payments to the CONSULTANT will be made on the basas of detmled monthly statements rendered to and approved by the OWNER through ams Caty Manager or hms desagnee, however, under no ctreumstances shall any monthly statement for servmces exceed the value of the work performed at the tmme a statement as rendered The OWNER may wathhold the final five percent (5%) of the contract amount until completwn of the Project Nothing contmned m flus Amcle shall reqture the OWNER to pay for any work winch as unsatasfactory, as reasonably deterrmned by the Cmty Manager or ins designee, or winch ms not subrmtted mn eomphanee wath the terms of flus Agreement The OWNER shall not be requtred to make any payments to the CONSULTANT when the CONSULTANT ms mn default under flus Agreement It ls specafically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to thas Agreement winch would reqture addmtaonal payments by the OWNER for any charge, expense, or reambursement above the maxamum not to exceed fee as stated, wathout first havang obtained written authonzatmon from the OWNER The CONSULTANT shall not proceed to perform the servmces hsted mn Article III "Addxt~onal Sermces," w~thout obtoamng prior written authonzataon from the OWNER C ADDITIONAL SERVICES For addmonal servaees authorized an wnung by the OWNER m Article HI, the CONSULTANT shall be prod based on the Schedule of Charges at an hourly rate shown an Exluint "C" Payments for addataonal serwces shall Page 3 be due and payable upon subnuss~on by the CONSULTANT, and shall be ~n accordance voth subsectton B hereof Statements shall not be submitted more frequently than monthly D PAYMENT If the OWNER fada to make payments due the CONSULTANT for serwces and expenses wtlun stxty (60) days after receipt of the CONSULTANT's tmthsputed statement thereof, the mounts due the CONSULTANT wtll be increased by the rate of one percent (1%) per month from the satd s~xtteth (60th) day, and, ~n add~tton, the CONSULTANT may, after gtvmg seven (7) days' written notice to the OWNER, suspend servtces under tlus Agreement.until the CONSULTANT has been paid in full all amounts due for servtces, expenses, and charges, provtded, however, notlung heretn shall reqmre the OWNER to pay the late charge of one percent (1%) set forth herein if the OWNER reasonably determines that the work is unsattsfactory, tn accordance vath thts Arttcle V, "Compensation" ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercase reasonable care and due diligence tn dtscovenng and promptly reporting to the OWNER any defects or deficiencies tn the work of the , CONSULTANT or any subcontractors or subconsultants ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furmshed by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to thts Agreement are mstmments of servtce, and shall become the property of the OWNER upon the tenmnat~on of th~s Agreement The CONSULTANT ~s entttled to retam copies of all such documents The documents prepared and furmsbed by the CONSULTANT are intended only to be applicable to thts ProJect, and OWNER's use of these documents tn other projects shall be at OWNER's sole risk and expense In the event the OWNER uses any of the information or materials developed pursuant to thts Agreement an another project or for other purposes than specffied herein, CONSULTANT is released from any and all habfl~ty relattng to their use m that project INDEPENDENT CONTRACTOR CONSULTANT shall prowde services to OWNER as an tndependent contractor, not as an employee of the OWNER CONSULTANT shall not have or clmm any right arising from employee status Page 4 INDEMNITY AGREEMENT The CONSULTANT shall mdemmfy and save and hold harmless the OWNER and its officers, agents, and employees from and agmnst any and all habfllty, claims, demands, damages, losses, and expenses, including, but not hmited 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, operataon, or performance of tins Agreement , Nothing m this Agreement shall be construed to create a liability to any person who is not a party to flus Agreement, and nottung herein shall wmve any of the parties' defenses, both at law or equity, to any clatm, cause of action, or litigation filed by anyone not a party to this Agreement, lnalud~ng the defense of governmental lnunumty, wluch defenses are hereby expressly reserved INSURANCE Dunng the performance of the services under flus Agreement, CONSULTANT shall mmntam the following insurance with an insurance company licensed to do business m 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 wtth bodily injury hmlts of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage lurers of not less than $I00,000 for each occurrence and not less than $100,000 In the aggregate B Automobde Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each acmdent, and with property damage limits of not less than $100,000 for each accident C Worker's Compensation Insurance m accordance with statutory requirements, and Employers' Liability Insurance with lurers 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 The CONSULTANT shall furmsh insurance ce~fieates or insurance policies at the OWNER's request to evidence such coverages The insurance policies shall name the OWNER as an additional insured on all such pohcles, and shall eontmn a provision that such insurance shall not be canceled or modified without thirty (30) days' prior written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furmsbang the same coverage Page 5 ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parttes may agree to settle any disputes under flus Agreement by submitting the d~spute to arb~lxatlon or other means of alternate dispute resolution, such as mediation No arbitration or alternate dispute resolutton ansmg out of or relating to this Agreement, involving one party's dasagreement, may include the other party to the disagreement w~thout the other's approval ARTICLE XII TERMINATION OF AGREEMENT A Notw~thstandang any other pmvaslon of tbas Agreement, either party may termmate by g~vmg tlurty (30) days' advance written notate to the other party B Tlus Agreement may be terminated in whole or an part an the event of either party substantmlly falling to fulfill ars obhgaUons under th~s Agreement No such termination will be affected unless the other party as g~ven (1) written notace (dehvered by certified mini, return receapt requested) of intent to termmate and settmg forth the reasons , specifying the non-performance, and not less than tharty (30) calendar days to cure the fmlure, and (2) an opportumty for consultataon wath the terrmnatmg party prior to termination C If the Agreement as terminated prior to completion of the services to be provided hereunder, CONSULTANT shall ammedlately cease all servtces and shall render a final bill for services to the OWNER vathm tlurty (30) days after the date of termination The OWNER shall pay CONSULTANT for all services properly rendered and satasfactonly performed and for reimbursable expenses to termmataon incurred prior to the date of termmataon, in accordance w~th Article V "Compensation" Should the OWNER subsequently contract voth a new consultant for the continuation of services on the ProJect, CONSULTANT shall cooperate m provldmg anformatton The CONSULTANT shall turn over all documents prepared or furmshed by CONSULTANT pursuant to th~s Agreement to the OWNER on or before the date of termmataon, but may mmntaln cop~es of such documents for its use ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not coustatutc, nor bc deemed a release of the responstbflaty and habthty of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work, nor shall such approval be deemed to be an assumptmn of such rcspons~bthty by thc Page 6 OWNER for any defect m the design or other work prepared by the CONSULTANT, ~ts employees, subcontractors, agents, and consultants ARTICLE XIV NOTICES All notmes, commumeattons, and reports required or permitted under this Agreement shall be personally dehvered or mmled to the respective parties by depositing same in the Umted States mail to the address shown below, certffied mall, return receipt requested, unless otherwase specified herein Mmled notices shall be deemed commumcated as of three (3) days after mailing To CONSULTANT To OWNER John Fregonese City of Denton Fregonese Calthorpe Associates Michael W Jez, City Manager 421 S W Sixth Avenue, State 1010 215 East McI~nney Portland, Oregon 97204 Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is , given, or withxn three (3) days after mailing ARTICLE XV ENTIRE AGREEMENT This Agreement, consisting of pages and 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, negotlatlous, discussions, communications, and agreements wluch may have been made in connectaon wath the subject matter hereof ARTICLE XVI SEVERABILITY If any provision of th~s Agreement is found or deemed by a court of competent junsdmtlon to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remmnder to be invalid or unenforceable In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provis~on winch comes as close as possible to expressing the mtention of the stricken provision Page 7 ARTICLE XVll COMPLIANCE WITH LAWS The CONSULTANT shall comply w~th 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 perforrnmg the services reqmred hereunder, the CONSULTANT shall not discriminate ag0anst any person on the bas~s of race, color, rehglon, sex, national origin or ancestry, age, or physical handicap ARTICLE XIX PERSONNEL A The CONSULTANT represents that ~t has or will secure, at its own expense, all personnel reqmred to perform all the services required under this Agreement Such personnel shall not be employees or officers of, or have any contractual relations with the OWNER CONSULTANT shall inform the OWNER of any conflict of mterest or potential conflict of mterest that may anse dunng the term of this Agreement B All services reqtured hereunder will be performed by the CONSULTANT or under its supervision All personnel engaged m work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any mterest m this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) w~thout the prior written consent of the OWNER ARTICLE XXI MODIFICATION No waver or modification of th~s Agreement or of any covenant, condition, or limitation herein contained shall be vahd unless in wntmg and duly executed by the party to be charged therewith, and no evidence of any waver or modification shall be offered or received in ewdence in any proceeding ansmg between the parhes hereto out of or affecting this Agreement, or the rights or obhgattons of the part, es hereunder, and unless such waver 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 Page 8 MISCELLANEOUS A The following extublts are attached to and made a part of this Agreement (hst exhibits) B CONSULTANT agrees that OWNER shall, unlal the expiration of three (3) years after the final payment under ttus Agreement, have access to and the right to examine any dtractly pertinent books, documents, papers, and records of the CONSULTANT mvolwng transactions relatmg to tbas Agreement CONSULTANT agrees that OWNER shall have access dunng normal working hours to all necessary CONSULTANT facthtles and shall be prowded adequate and appropriate workang space m order to conduct audits m comphanee wath this sectmn OWNER shall g~ve CONSULTANT reasonable advance not~ee of intended andtts C Venue of any stat or cause of actmn under this Agreement shall he exclusively in Denton County, Texas Tins Agreement shall be conslxued in accordance w~th the laws of the State of Texas D For the purpose of tbas Agreement, the key persons who wall perform most of the work hereunder shall be John Fregonese However, notlung here~n shall lumt CONSULTANT fi.om using other qualified and competent members of ~ts firm to perform the services required here~n E CONSULTANT shall commence, can'y on, and complete any and all projects w~th all apphcable chspatch, m a sound, economical, and efficient manner and in accordance with the provisions hereof In accomphshmg the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work revolved is properly coordinated wath related work being earned on by the OWNER F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available reformation pertinent to the ProJect, mcludxng prewous reports, any other data relative to the ProJect, and arranging for the access thereto, and make all prowsmns for the CONSULTAhlT to enter m or upon public and private property as reqmred for the CONSULTANT to perform services under ttus Agreement G The captmns of flus Agreement are for reformational purposes only, and shall not in any way affect the substantive terms or condmons of th~s Agreement Page 9 1N WITNESS HEREOF, the Cay of Demon, Texas has caused th~s Agreemem to be executed by its duly authorized City Manager, and CONSULTANT, has execute~ th)s Agreement through ~ts duly anthonzed undemgned officer on th~s the ~9~/~ day of 2o OI CITY OF DENTON, TEXAS I~CISIJ~L~W JE~/ MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY HE~ERT L PROUTY, IT~TTO~EY CONSULTANT WITNESS Page 10 EXHIBIT A Scope of Work City of Denton Open Space Master Plan IntroducUon The Denton Comprehensive Plan envisions an extensive system of open spaces for recreation, wildlife enhancement, and flood control. Some of these open spaces can be protected through the land use regulations now being adopted by the Denton City Council. Some, however, need additmnal methods to be used for acquisition. As with any project that involves the expemhture of funds or the acquisition of property, a strong public involvement program is essential. Tins scope of work outlines a relatively quick process, based on other successful models, to develop a last of potential open spaces, and the means whereby they may be protected or acquired. These systems have been based on a wffiing seller commitment, and provide for many mean~ for protection, from outright acquisition to conservation easements to transfer of development rights. Denton County has expressed an interest in collaborating w~th the C~ty m protectmg lands within the ETJ. This scope of work takes the County's participation into account. TASK I Estabhsh Open Space Database Tins task is to establish the universe of open and vacant lands that would mmunally qualify as open space for any reason. This would form the basis for the development of the rmal plan. Tlus database would be developed from the Denton GIS system, modified and supplemented with various new data and recent aerial photography. TASK 2 Idelltlfy open space evaluaUon factors An evaluation method would be developed that would evaluate, with several criterm, the value of each open space area. The evaluntian system could include factors such as: Areas with streamg Tree Canopy Wildhfe Values Cultural/historicui values Accesmbdity to existing popuiatmn Accessibility to future population Connectivity to other open space Wildlife Corridors Meets future park needs (Recreation) 1 These factors would be expressed in a GIS database and could be mapped, as well as used for further pnoritization. Task 3 Open Space Threat Assessment The next task is to develop a threat assessment of open space. Tins would be based on looking at current zoning and the chances that development would preserve or threaten open space, and development trends, that would indicate the timing of any threat. Task 4 Neighborhood Workshops This task is to take this information to the neighborhoods m Denton and conduct hands-on workshops in the neighborhoods. Using high qoality maps of the area, these workshops would involve neighbors in reviewing the value and threat assessment, and providing for their input on tbe~r assessment of the values of various open spaces that exist. We then would engage them in a prioritlzation scheme, allowing them to set a priority when the have to make tradeoffs. Task 5 Estabhsh unplementauon strategies Tins would be a review with the Denton City staff of the various tools available for reservation, and the steps for implementation of an open space plan. Such strategies could include: Transfer of Development rights Conservation easement purchase Land trust donations Fee Snnple purchase City park funds City dralnoge funds Open SpaCe bonds funded by property tax Dedicated isales tax Strategies ,involving Denton County and other entries Task 6 Estabhsh priority hst This next task is to develop a draft priority list. We advocate in developing a target area, with many mo~e parcels than are intended for purchase, and a target acreage, which is the amount 2 intended for purchase or protection. Then the City has many options, and is not in the position of inversely col~demning a particular property. Each target area would: Identify eligible parcels Identify preferred preservation method Identify target acreages in each target area Task 7 Develop plan The final step is to develop a final draft of the plan, documenting all steps and mcludmg a newsletter and video for presentations. Several Neighborhood Open Houses would be included Task 8 Plan adopUon The consultant would participate in the plan adoption as needed EXHIBIT A Scope of Work Denton City Downtown Master Plan Introduction Denton's downtown is both the Instonc center and the location of the best redevelopment potential m North Texas Denton offers a home town feel, closeness to the cultural and educational facilities of the City, and the only opportumty for an urban lifestyle m the Denton area Because it is a Instonc city center, it contains a charm and feel that is impossible to reproduce in newly developed nuxod use villages As demograplucs and hvmg preferences change, Denton's core can take advantage of these trends and oppormmties However, a comprehensive strategy is needed to coordinate the acuvlues of the public sector and private businesses and investors This will look at market trends, and assess what the development potential Is m Downtown Denton A development strategy will be developed, targeting hkely and desirable investment m the Downtown area Obstacles and opportunities will be identified A detailed design plan wdl be developed that wall guide the public investments, and specific guidelines for the prxvate sector development will be created A Capital Improvement Strategy will be developed, mcindmg sources of mcome including a number of sources Finally, a pubhc mvolvement strategy will be employed that will provide for input from the downtown commumty and the Denton commumty at large Task 1: Market Assessment for Downtown Denton Market Potential. A leading Economlca firm will examine the dynanucs of growth m the Dallas-Fort Worth Metroplex, and explore ways that it can be captured m appropriate ways As Ingh technology indusmes continue to grow, the Denton area may be posluoned to sinft from being a "spillover location' for manufactunng and warehousing activities, to being a preferred location for Ingh-paying office space As software design and mternet related compames grow, these in-ms, winch have virtually no manufacturing component, wdl feel added pressures to fred space that is both available and affordable Quality of life ts becoming the biggest factor m most corporate locauon decisions Tins strength will be key to addressing both "market driven" and design issues relating to the downtown Urban style housing has also been shown to be a growmg and underserved sector, and Denton provides one of the few sites m the area that could provide housmg with a downtown flavor Tins should also be considered m the context of the CBD Finally, the urbane vitality of downtowns is not only important for drawing commumty members together, but is also an important reason for many busmess locations Consequently, retad and entertainment uses will also be examined Working with a local real estate economist, we will determine what the market potenual for development in downtown Denton Recent developments, absorpuon and vacancy rates, leasing and rental rates, and other indicators of economic activity will be chromcled Deliverables Market analysis for downtown Current lease, rental, and absorption rate 1 Potentml market demand for office, retail, housing, and potential barners to their development Task 2: Parking~ Tr~n*portation and Redevelopment Analys~s This task is to update the current Redevelopment model with complete assessor's 'qata~ mad update the assumptaons for redevelopment with the mformauon gleaned from the market assessment m Task 1 The redevelopment model calculates the potential feasibility of development of parcels In addition, we will, with the assistance of the Denton planmng Department, evaluate exastmg conditions with regard to parking usage and development or redevelopment opportumues m the Downtown area In tlus task, the consultant will assemble a two-part spreadsheet model that shows the interaction between the eyastmg land and budding values m the area, and the effect of zoning codes on redevelopment potential (note tins bmlds on the redevelopment analysis conducted m the Denton Development Code project) In addmon, we will include the module that calculates parlong demand based on tune of day demand, and shows the advantages of shared parking and rmxed-use areas Current transportation usage will also be inventoried, and we will work with the Denton Transportation staff to develop an assessment model for determining the needs of future transportauon facflmes based on the plan These models (redevelopment, parking, and transportation) will be used for analysis throughout the project A complete redevelopment and parking demand model requires an accurate inventory of current use, building square footage, assessed value, lease and rental rates, and construclaon costs 2. Parlang and Transportation and Redevelopment Analysts Dehvorables Downtown parking demand analysis Parking Demand Model Redevolopment Opportumues Model Redevelopment OpportumUes Map Bufldout Summary Current transportauon assessment Future Transportation modeling methodology Task 3: Street Design. The design of public infrastructure will also play an nnportant role Furthermore, most street-facing uses can only be expected if on-street parking is provided, and fast-movmg roads discourage pedestrian movement and actavity Several of the area's artenal streets may have excess capacity and travel lanes that can be conver~ed to on-street parking We will work With staff to determine the extent to wluch eyastmg streets can be redesigned to balance the needs of all modes, and Fregonese Calthorpe Associates will collaborate w~th engineers to design attractive streetscapes that will attract appropriate forms of new development and estabhsh a distract identity for Denton 2 Streetscape destgn Plan Dehverables Ideal streetscape designs for typical downtown streets Streetscapes applied to specific areas of the downtown, modified as necessary Task 4: Workshop to develop a Plan 4,4 Workshop In a workshop format, stakeholders wall have the opportumty to review approxtmately 100 slides depicting a range of mad to tugh-density housing raung each maage on a scale of 0 to + 10 depending on how much they like or dislike the unage Scores will be tallied and then the group will review the maages wtth the l~ghest positive and negauve ratings Discussion will be facilitated to determine what particular design elements led to positive or negative ratings The result will be a catalog of preferred design features to be included m design gmdelmes for proposed projects m the Downtown area 4B R~fine Preferred Plan The maps produced by the workshop groups will be summarized and recurrem themes and development patterns will be used to create a draft preferred village plan Staff, the M-hoc comrmttee and the consultant will refine the vdlage plan based on the previous parlong, transportauon and redevelopment analysis The refined plan wall be analyzed to determine what types of zoning changes will be necessa~ to accomphsh the proposed density and use- max Tins will be done m a two day workshop, with the concepts and designs rewewed one day, the design created the next, and reviewed w~th the participants the next mght Dehverables Newsletter advertismg workshop Orgam~e and attend Denton workshop (2 days) Catalog of preferred design features Memo about preferred design features, necessary code changes Draft downtown design plan Task,5: Implementation SA. Draft Downtown Destgn and Development Plan Using the redevelopment model and the proposed development mtenstues that were discussed m the workshop, we will produce a development plan, with site specific tmprovements m street cross sections, public open space and plazas, and braiding footprints Tlus plan wdl be based on a 20 year bulldout based on realistic assessment of market condmons and redevelopment potential 5B Dra~ Destgn Standards Draft, actual code language and design standards These standards would use the new Denton Development Code as a basis, and would focus on design needs for the Downtown Workshops w~th a task force and presentations to Planning Coimmsston, Council, and interested community groups would be to revtew the draft Stte Destgn Standards We will produce four before and after lllustrattons of key sttes m Downtown, the before ptcture will be a d~gttal panorama photograph, the after image vail be a water color based on the enwstoned development strategy A draft Downtown Destgn and Revtew section of the Denton code would be produced, and supphed to the Planning Department m dtgttal form, including fllustrattons $C. Parking. As the Downtown mtenstfies, comprebenszve strategies for parking wtll become increasingly important Shared parking, on-street parking and mumctpal sUuctures are among the strategies that will be incorporated into the Plan We will use our shared parking model and an inventory of on street and off street parking to produce a parking strategy that ts based on the development plan produced m 5A 51) Trnnnportat~on and Trannit. Working wzth the Detuon staff, we wall ldenttfy likely unprovements m roads, and m transtt servtce that would be necessary to support the proposed development destgn plan 5E lmplementatton (Implementatton strategy Key pubhc mvesUnents, expected results and benchmarks) A draft Master Plan document will be prepared that summarizes the results of the process, and explains the recommendaUons Tlus would include a draft strategtc plan for development unplementatlon of the plan that contains the following Strategtc infrastructure investments, Pubhc-pnvate parmerslups, Regulatmns for design and other pubhc goals, such as affordable housing, Other strategies as appropriate Funding Methods We wall work w~th staff to tdenttfy a proposed capttal unprovements budget, and funding methods, including tax increment financing, local unprovement d~smets and other methods of developing the funds for improvements 5F Communication A newsletter destgffed for wtde pubhc d~stnbutton wall also be produced to briefly explains both process and recommendatmns to interested commumty members Powerpoint 4 presentauons will be produced and made available on video The plan will be produced and printed with color, to be distributed to interested stakeholders and members of the public Deliverables Downtown design plan Downtown Design Standards Downtown parking management study Downtown transportation and transit assessment Four before and after unages Final Report mcludmg Implementation Strategic Plan Pubhc Newsletter Final Downtown Plan Document Develop Pilot ProJect As a pdot project, a parmershlp with a downtown property owner would be forged to develop a demonstration project that explores the feaslbthty of key components of the Denton Plan Possible projects would be a rmxed use bulldmg that brings neighborhood services and housing to the Downtown, a hotel or entertainment use, a rmxed use office and retad budding, a major retail tenant, or other keystone downtown projects that would enhance the downtown environment The subtasks m th~s task would be Develop a set of criteria for a partnerslup Develop a set of criteria for a downWwn project Develop a set of mcentlves that may be made available for a pilot project Assist the City m recruiting interviewing, negotiating, and selecting a private sector partner and project (Note Tlus would be contingent on the circumstances ex,sung that would lead to a proJect, most unportantly, a willing and able private sector partner ) Adoption Process: An estunate of the time to adopt the document and its irnplementaUon strategies with the Denton C~ty Council FT eg°nese rffillmIT 1.3[thorpe ASSOCIATES Budget & Scope of Work City of Denton Open Space Master Plan Introduction The Denton Comprehensive Plan envisions an extensive system of open spaces for recreaUon, wildlife enhancement, and flood control Some of these open spaces can be protected through the land use regulations now being adopted by the Denton City Courted Some, however, need additional methods to be used for acqmsmon As w~th any project that revolves the expenditure of funds or the acqmsitmn of property, a strong public mvolvemant program is essential Tlus scope of work outlines a relatively quick process, based on other successful models, to develop a list of potential open spaces, and the means whereby they may be protected or acquired These systems have been based on a wdlmg seller eomm~tmant, and provide for many means for protecuon, from outright aeqmsluon to conservation easements to transfer of development rights The Denton County would be mvolved and used as a parmer m protecting lands m the Denton ETJ as appropriate TASK 1: Estabhah Open Space Database. Tlus task ~s to establish the umverse of open and vacant lands that would mmmmlly qualify as open space for any reason Tlus would form the bas~s for the development of the f'mal plan Tills database would be developed from the Denton GIS system, modified and supplemented with various new data and recent aerial photography TASK 2: Identify open space evaluation factors An evaluation method would be developed that would evaluate, with several criteria, the value of each open space area The evaluation system could include factors such as Areas with streams b Tree Canopy c Wildlife Values d Accessibility to existing populaUon e Accessibility to future population f Connectivity to other open space g Wildlife Comdors h Meets future park needs (Recreation) These factors would be expressed m a GIS database and could be mapped, as well as used for further prionuzatlon Task 3: Open Space Threat assessment Fregonese Calthorpe Associates Denton Open Space Plan Scope of Work August 4, 2000 The next task is to develop a threat assessment of open space Tins would be based on looking at current zomng and the chances that development would preserve or threaten open space, and development trends, that would indicate the timing of any threat Task 4: Neighborhood Workshops Tins task is to take tins reformat,on to the neighborhoods m Denton and conduct a hand-on workshops m the neighborhoods Using Ingh quality maps of the area, these workshops would revolve neighbors m rewewmg the value and threat assessment, and providing for their input on their assessment of the values of various open spaces that ex]st We then would engage them m a pnormzat~on scheme, allowing them to set a priority when the have to make tradeoffs Task $: Establish implementation Strategies. Tins would be a rewew w~th the Denton City staff of the various tools avadable for reservaUon, and the steps for unplementatton of an open space plan Such strategies could include o Tr.n~i~er of Development rights o ConservaUon easement purchase o Land trust donat~oas o Fee Suople purchase · C~ty park funds · Clty drainage funds · Open Space bonds funded by · property tax · Dedicated sales tax · etc o Strategies used m cooperaUon w~th Denton County Task 6: Establish priority list Tlus next task m to develop a draft priority lint We advocate m developing a target area, With many more parcels than are intended for purchase, and a target acreage, winch is the mount intended for purchase or protection Then the C~ty has many opUons, and m not m the pos~t~on of reversely conder~nmg a particular property Each target area would · Identify el,gxble parcels · Identify preferred preservation method · Ident,fy target acreages m each target area Fregone~e Calihorpe Associates 2 Denton Open Spa~e Plan S~pe of Work August 4~ ~000 Task 7: Develop plan The final step Is to develop a final draft of the plan, documenting all steps and including a newsletter and wdeo for presentations Several Neighborhood Open Houses would be included Task 8: Plan adoption The consultant would pa.ruc~pate m the plan adoption as needed Frogonese Calthorpe Associates Denton Op~ 8pace Plan Scope of Wo~ August 4, 2000 F; egonese Ca[thorpe ASSOCIATES Budget & Scope of Work Denton City Downtown Master Plan Introduction Denton's downtown Is both the lmtorm center and the location of the best redevelopmem potantml m North Texas Denton offers a home town feel, closeness to the cultural and educatmnal facilities of the City, and the only opportumty for an urban hfestyle m the Denton area Because It is a lustonc city center, it contains a charm and feel that Is unposs~ble to reproduce m newly developed rmxed use vdlages As demograplucs and hvmg preferences change, Denton's core can take advantage of these trends and opportumues However, a eomprebens]ve strategy is needed to coordinate the act~vmes of the pubhc sector and private bnsmesses and investors Th~s wall look at market trends, and assess what the development potential ~s m Downtown Denton A development strategy wall be developed, targeting hkely and desirable mveslxnent m the Downtown area Obstacles and opportumt]es will be ]dentffied A detailed design plan wdl be developed that wall grade the pubhe mveslments, and spe¢ffic gunlelmes for the private sector development will be created A Capital Improvement Strategy wall be developed, including sources of income mcludmg a number of sources Finally, a pubhc involvement strategy wdl be employed that will provide for input from the downtown commumty and the Denton commumty at large Task,l: Market Assessment for Downtown Denton Market Potential. A leading E¢ononucs firm wdl examine the dynarmcs of growth m the Dallas-Fort Worth Metroplex, and explore ways that it can be captured m appropriate ways As h~gh technology mdnsmes contmne to grow, the Denton area may be posmoned to sluft from being a "spfllover location' for manufactunng and warehousing activities, to being a preferred locatwn for tugh-paymg office space As software design and mternet related compames grow, these firms, wluch have virtually no manufacturing component, wall feel added pressures to f'md space that Is both avmlable and affordable Quahv~ of hfe is becoming the biggest factor m most corporate location dec]stuns Tins strength will be key to addressing both "market driven' and design issues relating to the downtown Urban style housing has also been shown to be a growing and underserved sector, and Denton provides one of the few sites m the area that could provide honsmg vnth a downtown flavor Tins should also be considered m the context of the CBD Finally, the urbane v]tahty of downtowns Is not only unportant for drawing commumty members together, but is also an tmportant reason for many business locanons Consequently, retad and entertainment uses will also be examined Worlang with a local real estate econormst, we will determine what the market potenttal for development m downtown Denton Recent developments, absorption and vacancy rates, leasing and rental rates, and other indicators of economic activity will be chromcled Fregonese Ct#thorpe Associates ] Denton Dovmtown Plan Scope of Work August 4, 2000 Budget $12,500 Dehverables Market analysas for downtown Current lease, rental, and absorpuon rate Potential market demand for office, retail, housang, and potentml bamers to thear development Task 2: Parkin~ Transportation and Redevelopment Analysas Tbas task is to update the current Redevelopment model with complete assessor's data, and update the assumptmus for redevelopment wath the mformaUon gleaned from the market assessment m Task 1 The redevelopment model calculates the potential feas~bahty of development of parcels In addat~on, we wall, with the assastance of the Denton Planmng Department, evaluate exastmg condatlons wath regard to parking usage and development or redevelopment opportumaes m the Downtown area In th~s task, the consultant will assemble a two-part spreadsheet model that shows the mteractlOn between the ex~stmg land and budding values m the area, and the effect of zomng codes on redevelopment potential (note tins builds on the redevelopment analysis conducted m the Denton Development Code project) In addmon, we wdl include the module that calculates parking demand based on time of day demand, and shows the advantages of shared parlang and maxed-use areas Current transportaaon usage wall also be inventoried, and we wall work wxth the Denton Transportatmn staff to develop an assessment model for determining the needs of future transportauon facdatms based on the plan These models (redevelopment, parking, and transportataon) will be used for analysas throughout the project A complete redevelopment and parkang demand model reqmres an accurate inventory of current use, budding square footage, assessed value, lease and rental rates, and construcUon costs 2 Parlang and Transportation and Redevelopment Analysas Budget $13,200 Dehverables Downtown parlang demand analysas Parking Demand Model Redevelopment Opportumtaes Model Redevelopment Oppormmt~es Map Bmldout Summary Current transportataon assessment Future Transportataon modelmg methodology Task 3: Street Design. Pregonese Catthorpe Associates 2 Denton Downtown Plan Scope of Wo~ August 4, 2000 The design of pubhc infrastructure will also play an important role Furthermore, most street, facing uses can only be expected if on-street parking is provided, and fast-moving roads,discourage pedestrian movement and acttvity Several of the area's ax~erial streets may have excess capacity and travel lanes that can be converted to on-street parking We will work with staff to determine the extent to which existing streets can be redesigned to balance the needs of all modes, and Fregonese Calthorpe Associates will collaborate with engineers to design attractive streetscapcs that will attract appropriate forms of new development and establish a distract identity for Denton Streetscape destgn Plan Budget $3,700 Deliverables Ideal streetscape designs for typical downtown streets Streetscapes applied to specific areas of the downtown, modified as necessary Task 4: Workshop to develop a Plan 4A Workshop Budget $11,500 In a workshop format, stakeholders w~ll have the opportumty to review approxunately 100 slides depicting a range of rind to high-densIty housmg ratmg each tmage on a scale of 0 to + 10 dapendmg on how much they hke or dlshke the unage Scores will be tallied and then the group will review the unages with the highest positive and negauve raungs D~scusslon will be facilitated to determine what particular design elements led to posmve or negattve ratings The result w~ll be a catalog of preferred design features to be mcluded m design guidelines for proposed projects m the Downtown area 4B Refine Preferred Plan Budget $4,500 The maps produced by the workshop groups will be summarized and recurrent themes and development patterns will be used to create a draft preferred vdlage plan Staff, the ad-hoc committee and the consultant wdl refine the village plan based on the previous parking, transportation and redevelopment analysis The refined plan w~ll be analyzed t~ detemune what types of zomng changes wdl be necessa_r~ to accomplish the proposed density and use- n~x This will be done m a two day workshop, with the concepts and designs reviewed one day, the design created the next, and reviewed with the parttelpants the next mght Deliverables Newsletter adverttsmg workshop Orgamze and attend Denton workshop (2 days) Catalog of preferred design features Fr~lonestt Calthorpe Associates 3 Denton Downtown Plan Scope of Work August 4~ 2000 Memo about preferred design features, necessary code changes Draft downtown design plan Task 5: Implementation ~A. Drt~ft Downtown Design and Development Plan Using the redevelopment model and the proposed development mtens~ues that were discussed m the workshop, we wdl produce a development plan, with site specific unprovements m street cross secUons, pubhc open space and plazas, and bmldmg footpnnts Tlus plan will be based on a 20 year bmldout based on reahstm assessment of market conditions and redevelopment potential Budget $12,000 SB Draft Destgn Standards Draft actual code language and design standards These standards would use the new Denton Development Code as a basis, and would focus on design needs for the Downtown Workshops with a task force and presentations to Planning Comrmssion, Council, and interested commumty groups would be to review the draft Site Design Standards We will produce four before and after lllustraUons of key sites m Downtown, the before picture will be a digital panorama photograph, the after unage will be a water color based on the envisioned development strategy A draft Downtown Design and Review secuon of the Denton code would be produced, and supplied to the Planning Department in digital form, including fllustraUons Budget $2,000 5C. Parking. As the Downtown intensifies, comprehensive strategies for parkmg will become increasingly unportant Shared parlang, on-street parking and mumc~pal structures are among the strategies that will be incorporated into the Plan We will use our shared parking model and an inventory of on street and off street parking to produce a parking strategy that is based on the development plan produced m 5A Budget $5,600 b'I) Transportation and Tr~nnit. Worlang with the Denton staff, we will ~denUfy hkely unprovements m roads, and m transit service that would be necessary to support the proposed development design plan Budget $3,500 Fregonese Calthorpe Associates 4 Downtown PI(dh Scope of Work August4, 2000 SE Irnplernentatton (ImplementaUon strategy Key pubhc investments, expected results and benchmarks) A draft Master Plan document w~ll be prepared that surnmanzes the results of the process, and explains the reconunandauous This would include a draft strategic plan for development unplementat~on of the plan that contains the following Strategic infrastructure investments, Pubhc-pnvate partnerships, Regulat~ous for design and other public goals, such as affordable housing, Other strategies as appropriate Funding Methods We wdl work wxth staff to ~dentffy a proposed capital tmprovements budget, and funding methods, including tax increment financing, local tmprovement chstncts and other methods of developing the funds for unprovements Budget $11,000 5F Commumcation A newsletter designed for w~de public d~stnbut~on wtll also be produced to briefly explains both process and recommendations to interested commumty members Powerpoint presentations w~ll be produced and made avatlable on wdeo The plan will be produced and printed w~th color, to be d~stnbuted to interested stakeholders and members of the public Dehverables Downtown design plan Downtown Design Standards Downtown parking management study Downtown transportation and transit assessment Four before and after maages Final Report including Implementation Strategic Plan Public Newsletter Final Downtown Plan Document Budget $5,500 Develop Pilot Project As a ptlot proJect, a partnership w~th a downtown property owner would be forged to develop a demoustrat~on project that explores the feaslhihty of key components of the Denton Plan Possible projects would be a nuxed use braiding that brings neighborhood servmes and housing to the Downtown, a hotel or entertainment use, a rmxed use office and retml budding, a major retail tenant, or other keystone downtown proJects that would enhanse the downtown envtronment The subtasks m this task would be Develop a set of criteria for a partnership Develop a set of criteria for a downtown proJect Fregorle~e Calthorpe At~oclates 5 Denton Downtown Plan Scope of Work August 4, 2000 Develop a set of incentives that may be made available for a p~lot project Assist the City m recrmtmg mterwewmg, negotiating, and selecUng a private sector parmer and project Assist Im design rewew and zoning approval for the project Budget $12,500 (Note Th~s would be contingent on the c~rcumstances ex~stmg that would lead to a project, most tmportantly, a willing and able private sector partner ) Adoption Process: An esmnate of the tune to adopt the document and its u-nplementat~on strategies w~th the Denton C~ty Councd Budget $14,500 Total' $112,000 Fregoneae Ca//hoqee Associates Denton Downtown P/an Scope of Work August 4, 2000 Urban & Re:tonal Planmng EXHIBIT C TO Ed Hodney FROM. Glen Bolen, Senior Planner SUBJECT: Hourly Rates for FCA DATE: February 14, 2001 Following are the hourly rates for team members from Fregonese Calthorpe Associates that will be ~nvolved m this planning prolect John Fregonese, Principal $165 David Ausherman, Senior Associate $100 Glen Bolen, Semor Planner $85 Julia Reissman, GIS Specialist $55 Scott Fregonese, Assistant Planner $55 Darlene R~shng, Secretary $40