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