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RES 2024-08 EDC Small Area Plan with McAdams TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2024-08 A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING A PROFESSIONAL CONSULTING SERVICES AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS, THE TROPHY CLUB ECONOMIC DEVELOPMENT CORPORATION, AND THE JOHN R. MCADAMS COMPANY, INC., IN THE NOT-TO-EXCEED AMOUNT OF $89,437.00; AUTHORIZING THE TOWN MANAGER TO EXECUTE SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club (the "Town") is a home rule municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, in accordance with Texas Gov't Code Ch. 2254, the John R. McAdams Company, Inc. ("McAdams") responded to RFP No. TMO2024-01 to provide professional consulting services to identify development potential and create a small area plan for the undeveloped parcels generally located at the intersection of State Highway (SH) 114 and Trophy Wood Drive and were fully depicted on the attached Exhibit A, in the Town of Trophy Club, Texas (the "Project"); and WHEREAS, the Trophy Club Economic Development Corporation ("EDC") has approved and recommended McAdams to the Town Council as the consultant for the Project, and the Town has been presented a proposed Professional Consulting Services Agreement (the "Agreement"), a copy of which is attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, the Town and EDC have determined that McAdams is acceptable to the Town and EDC and the McAdams is the most highly qualified provider of professional consulting services for the Project; and WHEREAS, upon full review and consideration of the Agreement, and all matters attendant and related thereto, the Town Council finds and determines that the Agreement should be approved, and the Town Manager shall be authorized to execute the Agreement on behalf of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: SECTION 1. The recitals above are true and correct and are incorporated into this resolution as if fully set forth herein. Page 1 SECTION 2. The Agreement, attached hereto as Exhibit A, is found to be in the best interest of the Town and its citizens and is approved in the not-to-exceed amount of $89,437.00. SECTION 3. The Town Manager is hereby authorized to execute the Agreement. SECTION 4. This Resolution shall become effective from and after its passage after two separate readings. PASSED AND APPROVED on FIRST READING this the 28th day of May, 2024. PASSED AND APPROVED on SECOND READING this theaS day of PI call , 2024. • Je nn it i any ayor ATTEST: a ThC C*, , 1(--4<fLGJI49-Dn". Ma9+e McCormick-Krukowski, Records Analyst APPROVED AS TO FORM: Dean ggia, Attorney Page 2 EXHIBIT "A" Professional Consulting Services Agreement Page 3 PROFESSIONAL CONSULTING SERVICES AGREEMENT This Professional Consulting Services Agreement (the "Agreement") is made and entered into this 41&ay of WWAK 2024, by and between the Town of Trophy Club, a Texas home -rule municipa ity (the "Town"), the Trophy Club Economic Development Corporation ("EDC"), a nonprofit Corporation organized under Title 12, Subtitle Cl, and Ch. 505 of the Texas Local Government Code, and The John R. McAdams Company, Inc. (dba McAdams), 201 Country View Drive, Roanoke, Texas (the "Consultant"). RECITALS WHEREAS, the Town and EDC have requested proposals pursuant to RFP No. TM02024-01, to identify development potential and create a small area plan for the area outlined in Exhibit A near the intersection of State Highway (SH) 114 and Trophy Wood Drive, in the Town of Trophy Club, Texas (the "Project"); and WHEREAS, the Town and EDC desire to obtain professional consulting services in connection with the Project as provided in this Agreement and the detailed Fee Schedule, Scope of Services, and Proposal attached hereto as Exhibit A; and WHEREAS, in accordance with Texas Gov't Code Ch. 2254, the Consultant responded to RFP No. TM02024-01, and the Town and EDC have determined that the Consultant is acceptable to the Town and EDC and the Consultant is the most highly qualified provider of professional consulting services for the Project, and the Consultant is willing to enter into this Agreement with the Town and EDC to perform such professional consulting services as more fully described in this Agreement and Exhibit A (collectively referred to as the "Services"); and NOW, THEREFORE, in consideration of the premises above and the mutual covenants contained herein, and for other good and valuable consideration, the Town and the Consultant agree as follows: AGREEMENT 1. Services Consultant shall perform the Services described in this Agreement and Exhibit A, which is attached to and made a part of this Agreement. 2. Compensation and Reimbursement 2.1. The Town or EDC shall pay Consultant a fee in the amount of EIGHTY NINE THOUSAND FOUR HUNDRED AND THIRTY SEVEN DOLLARS ($89,437) for the Services. 2.2. Consultant shall submit invoices to the Town monthly, as the work progresses. The Town shall then pay Consultant the total amount of the statement which is validly due within thirty (30) days in accordance with the Texas Prompt Payment Act, Texas Gov't Code Ch. 2251, with the final monthly installment being paid upon satisfactory completion of the services. All payments made under this Agreement shall be made from currently available funds in accordance with Texas law. 2.3. In the event the Town should request additional services not set forth in Exhibit A, Consultant and }the Town shall agree on the compensation for those services prior to performance by Consultant. Under no circumstances will Consultant perform additional services without prior written authorization from the Town. 3. Confidential Relationship and Media Coverage 3.1 The Town and EDC may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the Services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the Town or EDC, as applicable. The Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the Services. The foregoing obligations of this Section 3, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third -party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third -party. 3.2 Consultant shall not disclose any reports, recommendations, conclusions, or other results of the services or the subject matter of this Agreement without the prior written consent of Town or EDC, as applicable. 3.3 Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm, or corporation. 3.4 'Consultant will not provide any public statements, press releases, articles, writings or materials to the any media outlet, including but not limited to, newspapers, social media, websites, blogs, magazines, or TV stations, which refers to the Town or EDC, or any of the services provided by Consultant to Town or EDC, under this Agreement without the prior written authorization of the Town or EDC, as applicable. Requests for prior written approval of such releases, public statements, articles, writings or materials shall be directed to the Town's Director of Corporate Communications. 4. Proprietary' Rights 4.1 The work product of the Services, and any writings, discoveries, inventions, and innovations or data resulting from the Services, shall be promptly communicated to, and be the property of the Town, excluding any pre-existing proprietary rights of Consultant, including without limitation its standard details. PROFESSIONAL CONSULTING SERVICES AGREEMENT - SMALL AREA PLAN PAGE 2 4.2 As instruments of service, all documents, including original drawings, estimates, and notes shall be owned by and be available for use by the Town. The Town shall have unlimited right for the benefit of the Town for use in future projects to all drawings, designs, specifications, the Consultant's designs and structures, notes and other pertinent consultant, architectural, or engineering work procured in the performance of this Agreement. Any use of the aforementioned documents for future projects shall be at the Town's own risk and shall be made without use of Consultant's name or registration seal and without any liability whatsoever to the Consultant, its agents, employees, subcontractors, and consultants, and the Town shall hold harmless Consultant from any and all claims, liability, damages, and costs arising from such use. 5. Term This Agreement shall be effective on the date first mentioned above (the "Effective Date"), and shall remain in effect until the Services are completed (the "Termination Date"). This Agreement shall be subject to termination upon a ten (10) day written notice at any time by the Town. In the event of termination prior to the Termination Date for any reason, payment shall be made for the Services performed through the effective termination date including reimbursable expenses (expenses in addition to Consultant's compensation for its services which are incurred by Consultant directly related to the Project) then due. In addition, upon termination or expiration of this Agreement, Consultant shall return to the Town any and all equipment, documents, or materials, and all copies made thereof, which Consultant received from, or developed for the Town or EDC for the purposes of this Agreement. G. Right to Audit The Town or EDC, at its own expense, shall have the right at all reasonable times during normal business hours and upon at least twenty-four (24) hours advance notice, to audit, to examine, and to make copies of or extracts from the books of account and records maintained by Consultant with respect to the services. If such audit shall disclose overpayment by Town or EDC to Consultant, written notice of such overpayment shall be provided to Consultant and the amount of overpayment shall be promptly reimbursed by Consultant to the Town or EDC. In the event any such overpayment is not paid within ten (10) days after receipt of such notice, the unpaid amount of such overpayment shall bear interest at the rate of one percent (1 %) per month from the date of such notice until paid. 7. INDEMNIFICATION CONSULTANT (THE "INDEMNIFYING PARTY"), SHALL AT ITS SOLE COST INDEMNIFY, DEFEND, AND HOLD HARMLESS THE TOWN AND EDC, TOGETHER WITH THE TOWN'S AND EDC'S OFFICERS, AGENTS, COUNCIL MEMBERS, EMPLOYEES, ATTORNEYS AND REPRESENTATIVES (COLLECTIVELY, INCLUDING THE TOWN AND EDC, THE "TOWN INDEMNIFIED PARTIES"), FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITIES, DEMANDS, CAUSES OF ACTION, CLAIMS, JUDGMENTS, SUITS, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) MADE BY ANY THIRD -PARTY, TO THE EXTENT ARISING FROM OR RELATED TO PROFESSIONAL CONSULTING SERVICES AGREEMENT -SMALL AREA PLAN PAGE 3 THE SERVICES PROVIDED BY CONSULTANT PURSUANT TO THIS AGREEMENT (COLLECTIVELY, "INDEMNIFIED CLAIMS"), REGARDLESS OF THE LEGAL THEORY ASSERTED BY ANY THIRD -PARTIES AND REGARDLESS OF WHETHER THE DAMAGES OR CLAIMS OF THIRD -PARTIES ARE KNOWN OR FULLY APPRECIATED AT THIS TIME BY CONSULTANT, THE TOWN, OR THE EDC. THE INDEMNITIES IN THIS AGREEMENT ARE SPECIFICALLY INTENDED TO OPERATE AND BE APPLICABLE EVEN IF IT IS PROVED THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED IN WHOLE OR IN PART BY ANY ACT, ERROR, OMISSION, NEGLIGENCE, GROSS NEGLIGENCE, INTENTIONAL CONDUCT, BREACH OF CONTRACT, BREACH OF WARRANTY, VIOLATION OF STATUTE OR COMMON LAW, VIOLATIONS OF THE STATE OR FEDERAL CONSTITUTIONS, OR ANY OTHER CONDUCT WHATSOEVER OF THE TOWN INDEMNIFIED PARTIES. CONSULTANT SHALL USE LEGAL COUNSEL REASONABLY ACCEPTABLE TO THE TOWN AND EDC IN CARRYING OUT ITS OBLIGATIONS HEREUNDER. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLY TERMINATION OF THIS AGREEMENT. THIS INDEMNIFICATION IS NOT INTENDED TO APPLY TO CLAIMS MADE AGAINST THE TOWN INDEMNIFIED PARTIES RESULTING FROM NEGLIGENT ACTS OF TOWN EMPLOYEES COVERED UNDER SECTION 101.021 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE. The parties hereby acknowledge and agree that Town is entering this Agreement pursuant to its governmental functions and that nothing contained in this Agreement shall be construed as constituting a waiver of the Town's or EDC's governmental immunity from suit or liability, which is expressly reserved to the extent allowed by law. Notwithstanding anything to the contrary herein, the parties hereby acknowledge and agree that to the extent this Agreement is subject to the provisions of Subchapter I of Chapter 271, Texas Local Gov't Code, as amended, the Town's immunity from suit is waived only as set forth in Subchapter I of Chapter 271, Texas Local Gov't Code. Further, the parties agree that this Agreement is made subject to all applicable provisions of the Texas Civil Practice and Remedies Code ("CPRC"), including but not limited to all defenses, limitations, and exceptions to the limited waiver of immunity from liability provided in CPRC Chapter 101 and Chapter 75. 8. Insurance Prior to the commencement of Services under this Agreement, Consultant shall obtain standard comprehensive professional liability insurance coverage in an amount of at least $1,000,000.00 per occurrence with a $2,000,000.00 aggregate policy limit per year, covering the Services provided under this Agreement, including contractual liability under this Agreement. A "claims made" policy is acceptable subject to coverage being maintained during the course of the Project and up to two (2) years after completion and acceptance of the Project by the Town and EDC. Consultant shall maintain such professional liability insurance coverage during all phases of services and for two (2) years after final completion of the Project. The Town shall be supplied with a certificate of such coverage which shall provide for a thirty (30) day notice of cancellation, non -renewal, or change in limits by endorsement, to the Town by certified mail. Consultant will maintain general liability insurance coverage as follows: PROFESSIONAL CONSULTING SERVICES AGREEMENT - SMALL AREA PLAN PAGE 4 \ PE OF INSURANCE Allot N I OF INSI R %M F. PROVISIONS I Workers' Compensation Statutory Limits 'Town to be provided a WAIVER Employers' Liability OFSUBROGATION AND PROVIDED 30 DA Y NOTICE OF CANCELLATION or material $100,000 per occurrence change in coverage. Insurance Company trust be A - rated or abo%c. 2 Commercial Ceneral Bodily Injury - $250,000 per Town to be listed as (Public) Liability to include person. $500,000 per DDITIOIYAL INSURED AND PROVIDED.30 DAY.NOTICE OF coverage for: occurrence: a. Premises/Operations Property Damage - $100,000 CArVCELLATION or material b. Products/Completed Operations c. Independent P' Contractors per occurrence -OR- Combined simple limit of $600,000 change in coverage. Insurance ('omp,rn% must be :%- rated or above. d, Personal Injury e. Contiactual Liabilil, Business Auto Liability to Bodily Injury - $250,000 per Town to be listed as include coverage for: person. $500,000 per ADDITIONAL INSURED AND a. Owned/Leased occurrence: PROVIDED 30 D.4 YNOTICE O� vehicles Property Damage - $100,000 CANCELL.4 TION or material b. Non -owned vehicles per occurrence change in coverage. c. Hired vehicles -OR- lnsurancc Colrlpany roust he :t- Combined simple limit of $600,000 ratedor above. The Town and EDC, including their officers, officials, employees, Boards and Commissions, and volunteers shall be named as an additional insured by endorsement to the general insurance coverage listed in this Agreement, excluding Workers' Compensation, Employers' Liability, and Professional Liability, (for which a waiver of subrogation is required to be issued in favor of the Town), with regard to the Consultant's activities as required by this Agreement. The Consultant shall provide any defense provided by the policy to a named insured. The coverage shall contain no special limitations on the scope of protection afforded to the Town and EDC, and all premiums arising from the coverage herein shall be the responsibility of the Consultant. Consultant shall maintain such general liability coverage during all phases of services and for two (2) years after final completion of the Project. The Town shall be supplied with a certificate of such coverage which shall provide for a thirty (30) day notice of cancellation, non -renewal, or change in limits by endorsement, to the "Town by certified mail. 9. Notices Any notices, consents, or other communications required or permitted to be given pursuant to this Agreement must be in writing and shall be sent to the address set forth below (or such other address as the party might hereafter designate for itself by notice to the other parties as required hereby). Any such notice or communication shall be sufficient if sent by registered or certified mail, return receipt requested, postage pre -paid; by hand delivery; by overnight courier service; or by facsimile, with an original by regular mail. Any such notice or communication shall be effective on (a) the date of receipt if delivered personally; (b) three (3) days after deposit in an official depository under the regular care and custody of the United States Postal Service, if transmitted by registered or certified mail, return receipt requested; (c) PROVESSIONAI CONSH HNG SFRVII'IS AGREEMGNI-.SiNIA1 I ARV A PI AN PAGV i the first business day after the date of deposit, if transmitted by overnight courier service; or (d) the date of transmission with confirmed answer back, if transmitted by facsimile, whichever shall first occur: To Town and EDC: Town of Trophy Club Attn: Brandon Wright 1 Trophy Wood Drive Trophy Club, TX 76262 Trophy Club Economic Development Corporation Attn: Brandon Wright 1 Trophy Wood Drive Trophy Club, TX 76262 To Consultant: The John R. McAdams Company, Inc. Attn: Jameson Pinson 201 Country View Drive, Roanoke, TX 76262 10. General 10.1 The terms and conditions of Sections 3, 4, 6, and 7 hereof shall survive the termination of this Agreement and completion of the Services. 10.2 Consultant shall perform the Services as an independent contractor and shall not be considered an employee of Town or EDC for any purpose whatsoever, including, but not limited to, entitlement to Town employee benefits. Consultant hereby expressly waives any claim or entitlement to such benefits. 10.3 The waiver or failure of any party to exercise in any respect any right provided for in this Agreement shall not be deemed a waiver of any further right under this Agreement. 10.5 If any provision of this Agreement is invalid, illegal, or unenforceable under any applicable statute, court decision, or rule of law, it is to that extent to be deemed omitted. The remainder of the Agreement shall be valid and enforceable to the maximum extent possible. 10.6 This Agreement shall be governed by the laws of the State of Texas, without regard for conflict of laws principles. Venue of any action arising from this Agreement shall be in Denton County, Texas. 10.7 This Agreement may not be modified, altered or amended except by written instrument duly executed by both parties, except that a party may change its address for notices by providing written notice to the other party. PROFESSIONAL CONSULTING SERVICES AGREEMENT - SMALL AREA PLAN PAGE 6 10.8 This Agreement constitutes the entire understanding between Consultant, Town, and EDC respecting the Services described herein. 10.9 Notwithstanding any other provision to the contrary in the Agreement, all information, documents, and communications relating to the Agreement shall be subject to the Texas Public Information Act ("Act") and any opinion of the Texas Attorney General or a court of competent jurisdiction relating to the Act. 10.10 Ethics Disclosure. To the extent required by law, Consultant represents that it has completed a Texas Ethics Commission (the "TEC") form 1295 ("Form 1295") generated by the TEC's electronic filing application in accordance with the provisions of Texas Gov't Code Ch. 2252.908 and the rules promulgated by the TEC. The parties agree that, with the exception of the information identifying the Town and the contract identification number, the Town is not responsible for the information contained in the Form 1295. 10.11 Additional Verifications. To the extent required by Texas law, Consultant verifies that: (1) It does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, as defined in Texas Government Code § 2274.001, and that it will not during the term of the contract discriminate .against a firearm entity or firearm trade association; (2) It does not "boycott Israel" as that term is defined in Texas Government Code Ch. 2271 and § 808.001 and it will not boycott Israel during the term of this Easement Agreement; and (3) It does not "boycott energy companies," as those terms are defined in Texas Government Code §§ 809.001 and 2276.001, and it will not boycott energy companies during the term of the Easement Agreement; (4) It does not engage in scrutinized business operations with Sudan, Iran, or designated foreign terrorist organization as defined in Texas Government Code, Chapter 2270; and (5) It is not owned by or the majority of its stock or other ownership interest is held or controlled by i) individuals who are citizens of China, Iran, North Korea, Russia, or a designated country as defined by Texas Government Code § 2275.0101; or ii) a company or other entity, including a governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; nor is it headquartered in China, Iran, North Korea, Russia, or a designated country. [SIGNATURE PAGE TO FOLLOW] [REMAINDER OF PAGE LEFT BLANK] PROFESSIONAL CONSULTING SERVICES AGREEMENT - SMALL AREA PLAN PAGE 7 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first above written. TOWN: TOWN OF TROPHY CLUB, TEXAS By: B7ndon Wright, ]Town Manager Date: 6 • -7 • ?,z Zy CONSULTANT: THE JOHN R. MCADAMS COMPANY, INC. (DBA MCADAM ' I� Date: ATTEST: A I' 11 By: M is McCormick-Krukowski, Records Analyst By: EDC: TROPHY CLUB ECONOMIC DEVELOPMENT CORPORATION, a Texas non-profit corporation By: Name: Title: a U.Y. Date: (o • 3 ` U t � Al Il Board •retary R,Po`,-ed (a,.� 0DC.(3t" 516(au A'W 0'tto �� '5 I'L% i RL� Elena Lucia Parker My CoExpires 9/15/2026 Notary ID 125835239 PROFESSIONAL CONS( It IING SE{RVICI-S AGREEMENT -SMALL AREA PLAN PAGE 9 EXHIBIT A FEE SCHEDULE, SCOPE OF SERVICES, AND PROPOSAL PROFESSIONAL CONSULTING SERVICES AGREEMENT -SMALL AREA PLAN PAGE 10 FXHIRIT A T(C�*77 TOWN OF TROPHY CLUB PURCHASING AND CONTRACTING DEPARTMENT REQUEST FOR PROPOSALS (RFP) For SMALL AREA PLAN RFP No. TM02024-01 Issue Date: 3,15 2024 BID SUBMISSION DEADLINE: ' 4f 15!2024 at 3:00 P-M CST' NO LATE BIDS SHALL BE ACCEPTED RESPONSES SHALL BE DELIVERED TO: Town of Trophy Club I Trophy Wood Drive "Trophy Club, TX 76262 Pre -Submittal Conference will be held: March 18, 2024, at 11:00AM CST Community Conference Room I Trophy Wood Drive Trophy Club, TX 76262 FOR ADDITIONAL INFORMATION REGARDING THIS RFP PLEASE CONTACT: April Duvall Director of Finance aduvall(�trophyclub.org BIDDERS MUST RETURN THIS COMPLETED COVER SHEET ALONG WITH THE BIDDER'S RESPONSE: April Duvall Director of Finance aduvaliCa)trophyclub.org I Trophy Wood Drive Trophy Club, TX 76262 RESPONSES SHALL BE MAILED TO: Town of Trophy Club Finance Department 1 Trophy Wood Drive Trophy Club, TX 76262 NAME AND ADDRESS OF COMPANY SUBMITTING BID: Contact Perso Title: Phone: ( ) Fax: ( ) I'mail: signature: — Printed Name: Shall contract be available for Cooperative Contract use? (See Section 25, page 9) Yes No Acknowledgment of Addenda: 01 42 43 #4 95 INTRODUCTION REQUEST FOR PROPOSALS The Town of Trophy Club "TOWN" is seeking proposals from any and all parties ("FIRM") related to creating a small new area plan for properties located near State Highway 114 Frontage Road and Trophy Wood Drive. SUBMISSION OF SOO or Response 1.1 One (1) original, five (5) copies, and one (1) USB flash drive of all SOQ documents shall be submitted in sealed packages. The submitter's name and address should be marked on the outside of the envelope. Facsimile transmittals or offers communicated by telephone will not be accepted or considered. Submittal information that is not submitted in sealed packages will not be considered. 1.2 Mail or Deliver Sealed Responses to the Following Address: April Duvall Director of Finance aduvall@trophyclub. org 1 Trophy Wood Drive Trophy Club, TX 76262 Submittals must be received by 3:00 PM CST on 04/1512024. The submitter is responsible for the means of delivering the SOQ to the location listed in paragraph 1.2 on time. Delays due to any instrumentality used to transmit the SOQ, including delays occasioned by the submitter or the Town of Trophy Club's internal mailing system, will be the responsibility of the submitter. SOQs must be completed and delivered in sufficient time to avoid disqualification for lateness due to difficulties in delivery. Late SOQs will not be accepted under any circumstances. Responses must be prepared in conformance with the guidelines described in this RFP. Responses received after the deadline will not be considered. This RFP does not obligate the Town of Trophy Club to pay any cost incurred by submitters in the preparation and submission of a Response. Furthermore, a Response to the RFP does not obligate the Town of Trophy Club to accept or contract for any expressed or implied services. The Town of Trophy Club reserves the right to waive any formalities and deficiencies, and to reject any and all submittals at any time for any reason, or no reason. Town of Trophy Club is committed to a program of equal employment opportunity regardless of race, color, creed, sex, age, nationality or disability. Page 2 of 22 THE OPPORTUNITY: The TOWN is actively seeking a FIRM to create a Small Area Plan for the mixed -use development and/or highest and best use of the property situated near the intersection of State Highway 114 and Trophy Wood Drive. Some of the property is currently within a Tax Increment Reinvestment Zone (TIRZ) and holds zoning designations for Office, Restaurant, Hospitality, and Residential purposes. With its strategic location the site offers significant potential for a mixed -use development approach. There are currently two blocks available for immediate development, and the Town is keen on envisioning the entire area within and outside of the current TIRZ Zone for future development prospects. The envisioned Small Area Plan should encompass a versatile mix of uses to cater to diverse community needs and enhance the area's vibrancy. The Small Area Plan should also develop options for area parking and walkability to enhance pedestrian use of the properties. We invite interested FIRMs to create innovative and sustainable plans that capitalize on the site's attributes and align with the community's vision for growth and prosperity. This endeavor presents an exciting opportunity to contribute to the evolution of our town's landscape and create a dynamic hub for commerce, recreation, and residential living. SITE BACKGROUND & HISTORY Originally located: West along the Trophy Wood Business Center Block B Lot 2R1, to Solana Land Additional Block A Lot 1, down Trophy Wood Drive to Trophy Wood Business Center Block A Lot 3R2, to Trophy Wood Business Center Block B Lot 4. History: In August of 2013, the Town of Trophy Club enlisted FIRMs and planners to develop a Tax Increment Reinvestment Zone #1 with the goal of facilitating the development of the vacant land. At the time, the majority of the land was vacant with the exception of the Hampton Inn and Suites that sit in the Solana Land Addition Block A Lot 1. The land was zoned: • Block A o Hampton Inn (2015)-95 Rooms o Homewood Suites (2017)-108 Rooms o Retail (2017)- 21,900 square feet o Retail (2018)-11,000 square feet o Office (2018)-6,000 square feet • Block B o MOB (2016)-10,000 square feet o Office (2019)-20,000 square feet ■ Block C (2018) o Office-20,000 square feet ■ Block D (2016) o Holiday Inn-138 rooms • Block E (2015) o Residential 35 units Page 3 of 22 0 Currently, the only lots available for development are Block A Retail and Block C Office. GENERAL PROVISIONS a. Right of refusal: The TOWN reserves the right to either accept or reject any and all proposals received as a result of this Request for Proposal or to negotiate in any manner necessary to serve the best interest of the TOWN. b. Professional Liability Insurance: The FIRM team will provide evidence of professional liability insurance to include current limits, deductible, aggregate, and discovery period. c. Project Reporting: The successful FIRM must communicate regularly with the TOWN regarding the project's status, impending complications, and proposed plans. It is the intent of the TOWN to perform a review and approval of the plan concepts. PROPOSAL SELECTION SCHEDULE RFP ISSUE DATE March 25, 2024 PRE -SUBMITTAL CONFERENCE March 18, 2024 SITE TOUR (OPTIONAL) April 5, 2024 RFP RESPONSE DUE DATE April 15, 2024 INTERVIEW ANTICIPATION DATE April 22-26, 2024 RFP PROPOSAL APPROVAL DATE May 28, 2024 The TOWN is actively seeking a FIRM with the expertise and vision to reimagine the property outlined in the Request for Proposal (RFP) while adhering to elevated development standards. The TOWN envisions a transformative project for the area and anticipates that the proposed development will be appropriately scaled to harmonize with the surrounding environment. The plan should include area parking solutions and increased pedestrian walkability and safety. The FIRM will be entrusted with the task of conceptualizing and preparing a Small Area Plan that meets the highest standards of quality and aligns with the TOWN's redevelopment strategy. Collaboration between the FIRM and the TOWN will be essential to ensure that the proposed project seamlessly integrates with the broader vision for the area. The TOWN's objective is to identify a FIRM and proposal that offers the most compelling highest likelihood to develop a high -quality Small Area Plan based on the needs and desires of the community. Responding firms shall provide a description of the professional and technical experience, background, qualifications, and professional licensing / certification of the firm. The firm should show that their company possesses demonstrated experience in all areas of the profession. If this is a Joint Venture submittal, include information for both firms for this section (Section 2). Include: Page 4 of 22 PRIORITY OBJECTIVES The FIRM should consider the priority objectives listed below. o Improving the community's economic resiliency; o Attracting and retaining service -based employment; o Enhancing the TOWNS quality of life; o Promoting economic and environmental sustainability; o Plan for area parking within the current limitations of an existing private parking easement on the property immediately to the west of the FIG Sply building; o Plan for improved pedestrian walkability and safety while incorporating outdoor areas to gather and assemble; and o Provide for future development and redevelopment of properties that can improve the economic resiliency of this property. PRIORITY OBJECTIVES These requirements are designed to establish a FIRM's overall capacity to complete this project and to meet the requirements and obligations associated with the Small Area Plan. 1. Title Sheet: Provide the name(s) of the team submitting with the name of the primary contact clearly identified. 2. Cover Letter: The cover letter must indicate the composition of the entire team including the Principal in Charge, Project Manager, and support team. 3. Table of Contents 4. Background Information: Summarize the FIRM's background and focus. List and describe the principals, their length of association, and general background. Provide a list of currently active projects, including the name, type of project, location, FIRM's role in the project, and status of the project. 5. Relevant Experience of the FIRM. List three to five examples of planning/design projects comparable in scale, program, process, component parts; and/or function to this project. Include drawings, photographs, or published materials to illustrate the nature and scope of each example project including the location, client, date of involvement, description of why the project is comparable to this Small Area Plan project,'probable cost and scope, and specific services performed by the FIRM. 6. Team Composition: Provide the names, titles, and qualifications of individuals who will be assigned to the project. This section of the response should include descriptions of the respective roles that will be played by the team members. Discuss the experiences of team members on the example projects referred to above, if applicable. A resume (no more than one page in length) should be included for key team members in an addendum to the response. Page 5 of 22 7. Professional References: List a minimum of three (3) references for the FIRM. List references for the example projects. For each reference, list the contact's name, address, phone number, and relationship to FIRM. 8. State of Philosophy and Project Understanding: Provide a concise statement (no more than two pages) outlining the philosophy of the team in approaching projects of this nature and the team's grasp of issues and goals to address in the study. Include the approach to collecting input from residents, businesses, and/or other stakeholders. Include a separate page outlining the list of deliverables to be presented to TOWN in the completion of the Small Area Plan. 9. Project Pricing: Provide a summary of fees and costs associated with FIRM's completion of the Small Area Plan. The amount should include a summary of hourly charges for all team members assigned to the project, as well as a not -to -exceed maximum price for all deliverables, listed individually for each deliverable as well as collectively for all deliverables. Additional optional add -on fees should be clearly identified. ALL RESPONSES MUST BE RECEIVED BY APRIL 15, 2024, AT 3:00 PM CST FOR CONSIDERATION, AND LATE RESPONSES WILL NOT BE REVIEWED. SELECTION CRITERIA A FIRM will be selected based on, but not limited to, the following criteria: a. Accuracy and completeness of the entire RFP response. (5 points) b. Skillset and experience of the identified project team and FIRM. (30 points) c. Experience with comparable projects. (20 points) d. Project philosophy and understanding. (30 points) e. Project pricing. (15 points) A FIRM will be recommended to the TOWN boards and Council based on the overall score by reviewers based on the Selection Criteria above. To ensure receipt of any addenda to the RFP, please email aduvall@trophyclub.org The TOWN must approve the FIRM selected for the project through all required approval processes. The TOWN also reserves the right to reject any and all submissions. LEGAL INFORMATION The TOWN shall have the right to verify the accuracy of all information submitted and to make such investigation as it deems necessary to determine the ability of a prospective FIRM to perform the obligations in the response. 1. The TOWN shall, by its sole determination, select which proposal best meets the selection Page 6 of 22 criteria. Notwithstanding anything in this RFP to the contrary, MOWN reserves the right to reject any or all proposals received, to waive any submission requirements contained within the RFP, and to waive any irregularities in any submitted proposal. Zoning and other Ordinances. Current zoning information for the property can be found at https://ecode360.com/40210242440210242. INSURANCE REQUIREMENTS a. The selected FIRM shall furnish the Town of Trophy Club with a Certificate of Liability Insurance showing satisfactory proof of insurance required hereunder and such insurance shall be approved by the "Town prior to the FIRM and any Subcontractor of the FIRM commencing any services under this Agreement. The Town of Trophy Club shall be the Certificate Holder and shall be named as an Additional Insured, with waivers of subrogation in favor of the Town. In addition to the insurance listed below, the selected FIRM shall obtain standard professional liability insurance coverage in an amount of at least $1,000,000.00 per claim with a $2,000,000.00 aggregate policy limit per year, covering the damages to the extent caused by the negligent acts, errors or omissions in the performance of professional services provided under the Agreement. Listed below are the types and minimum amounts of insurance required and which must be maintained during the term of the contract. The Town reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work. ITvPE OF INst�kANCE IA.%iot NT of IVSt KkNCE IPKovtsiONS I I Workers' Compensation (Statutory Limits Employers' Liability own to be provided a WAIVER OF or material change in coverage. IOO,OOC) per occurrence Insurance Company mast be A -rated nor ahoNe. Page 7 of 22 Commercial General (Public) 'Bodily Injury - $250,000 per Liability to include coverage for: person, $500,000 per occurrence; a. Prem ises/Operations Property Damage - $100,000 per b. Products/Completed occurrence Operations c.Independent Contractors d. Personal Injury e. Contractual Liability -OR- Business Auto Liability to include coverage for: a. Chvned/Leased vehicles b. Non -owned vehicles C. [tired vehicles Combi simple limit of ned $600,0 00 Bodily Injury - $250,000 per person, $500,000 per occurrence; Property Damage - $100,000 per occurrence -OR- Combi simple limit ned $600,0 00 Page 8 of 22 of Town to be listed as ADDITIONAL INSURED AND PROVIDED 30 DAY NOTICE OF CANCELLATION or material change in coverage. Insurance Company must be A -rated or above. Town to be listed as ADDITIONAL INSURED AND PROVIDED .30 D: I Y NOTICE OF CANCELLA TION or material change in coverage. Insurance Company must be A -rated or above. ATTACHED EXHIBITS Exhibit: • Exhibit A: Small Area Plan Property Area • Exhibit B: TIRZ Parcel Map • Exhibit C: Tarrant Appraisal District Map Attachment: • Attachment A: Conflict of Interest • Attachment B: Business Information Form • Attachment C: Insurance Requirements • Attachment D: HB 89 Form ■ Attachment E: SB 252 Chapter 2252 Certification • Attachment F: Drug -Free Workplace Certificate • Attachment G: Qualifications and Reference Sheet • Attachment H: Form 1295 Page 9 of 22 Exhibit A: Small Area Plan Property Area Map area outlined In orange. Approximately 54.2 acres. Subject to change. Page 10 or 22 —Uft ti x ZZJO Zl ;1oPd O r Ay Cf r jar rr rr O o FI �I I r I - I n r I c t Q r r ti cn C) --4v CA J w"t O •err AA 4 �40 co O Lp A I � W N O W N G � O A V -4 � fvJ1 O Vco O W OD O 414 m A A N coj i O\OTC) V N 40 ccn 0 LnZcSto Cc O Litl awl = A W 1 �O ( IN Ipsip.rt c \' 1110.1.1p.l. 3 I!q!4Xl A o V cn 0 0 0 co P RI r V Ln co W p V A V y A K) N 0'n OD LA A Sri O rT V Ln co LA N J V Ln 00 C) ,A O V CA O w W co C O V 1_ ATTACHMENT A CONFLICT OF INTEREST DISCLOSURE REQUIREMENT Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e., The Town of Trophy Club) must disclose in the Questionnaire Form CIQ ("Questionnaire") the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law, the Questionnaire must be filed with the Town's City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the Town, or submits an application or response to a Request for Statement of Qualifications or bids, correspondence, or another writing related to a potential Contract with the Town. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaire Form CIQ is enclosed with the submittal documents. The form is also available at http://www.ethics.state.tx.us/forms/CIO.Ddf. Questions about compliance shall be directed to the bidder's or Bidder's own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor. Page 13 of 22 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing bus.iness with local g'ovemmental entity This questionnaire reflects changes made to the law by H.B. 23. 84th Leg., Regular Session. OFFICE USE ONLY This ques ionnaire is being filed in accordancewith Chapter 176, Local Government Code, Date Re>ce,!, led by a vendorwho ilas abusiness re!a.tiol 1 ship as defined by Section 176.001 (1 -a)with a local go.vernmenlal entity and the vendor meets requirements under Section 176.006(a}. By law this questionnaire must be filedwlth Illerecords administrator of Ille local governmental entity not later than the 7th business day alter the date the vendor becomes aware of !acts that require the statement to be filed. See Section 176.00G(a-'I }, Local Government Code. A vendor commits an olfense if the vendor knowingly v1iolates Section 178. 006, Local Government Code An offense under this section is a misdemeanor- W IName ofvendorwh o hasa business relaUonshlp wllh local governmenta (!entity. !J L,J /A� DT >F't (.1 c t-P,;.Lz Check this box if yoularb filing anupdate to a prevlously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the, date on which you became aware Iha! the originally filed questionnaire was incomplete or inaccurate.) Name of loca.l government officer aboutwhom the Information In tlllis sect 14on Is being disclosed. oT A pp u ote;,tc Name of Officer This section (item 3 including subparts A. 8, C, & D) must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code, Attach additional pages to this Form CIQ as necessary. A I's the local government officer named in this section receiving or likely to receive taxable income other than investment income, from the vendor? Dves otNo 8. Is the ve,ndor receiving or likely to receive taxable income, other tha t 'lin (vestment income, from or at the direction of the local government officer named in this section AND the taxable income is not rooeived from the local governmental entity2 Dves nNo C.Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership. interest of one percent or more? C)Ves ONo D. Describe each employment or business and family relaUonship with the local government officer named in this section. 5ignat ra of vendor doing business with the governmel liall entity Dale Adopted 817120,15 Page 14 of 22 ATTACHMENT B BUSINESS INFORMATION FORM Complete Legal Name of Business The John R. McAdams Company, Inc. (Address) 2.01_ Country View Drive (City/State/ZIP) Roanoke, Texas 76262 Form of Business Entity (check one) ( ) Texas corporation ( ) Out -of -State corporation ( ) "Texas non-profit corporation ( ) Texas professional corporation North Carolina state of incorporation (check one) x profit non-profit ( ) Texas general partnership ( ) Out -of -State partnership ( ) Individual doing business as ( ) Texas limited liability company ( ) Other (describe) ( ) Texas limited partnership where partnership is legally registered. List the full name of each Officer of the Company: PRESIDENT: Mike Munn VICE PRESIDENT: Bobby Dollak �T SECRETARY: TREASURER: Who is legally authorized to sign and execute contracts? Jameson Pinson Who, if anyone, is required to witness contract signatures? Jameson Pinson Page 15 ot' 22 ATTACHMENT C TOWN OF TROPHY CLUB CONTRACTOR INSURANCE REQUIREMENTS Contractors performing work on Town property or public right-ot=way for the Town of Trophy Club shall provide the Town a certificate of insurance and a copy of their insurance policy(s) evidencing the coverages and coverage provisions identified herein. Contractors shall provide the Town evidence, as required, showing all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor's policy. All insurance companies and coverages must he authorized by the Texas Department of Insurance in compliance with Insurance Code 181 1 to transact business in the State of Texas and must be acceptable to the Town of "trophy Finance Department. Listed below are the types and minimum amounts of insurances required and which must be maintained during the term of the contract. The Town reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work. TYPE OF INSURANCE ANIOUNT OF INSURANCE PROVISIONS 1.Workers' Statutory Limits Town to be provided a WAIVER Compensation $100,000 per occurrence OF SUBROGATIONAND 30 DAY NOTICE Employers' Liability OF CANCELLATION or material change in coverage. Insurance company must be A- raled or abo■ e. 2. Commercial Bodily Injury- - $250,000 Town to be listed as ADDITIONAL INSURED and Provirled 30 DA Y General (Public) per person, NOTICE OF CANCELLATION or Liability to include $500,0 coverage for: 00 per occurrence; Material change in coverage. A) Premises/Operations Propertyy Damage - Insurance company must be A- B) Prod ucts/Complet $ l 00,000 prrRccurrence ,.. �rtcd orabove. ed Operations Combined simplelimitof C) Independe $600,000 nt Contractor s D) Personallnjury E Contractual Liability Pace 16ot22 3. Business Auto Bodily Injury - $250,000 Town to be listed as ADDITIONAL Liability to per person, $500,000 INSURED and provided 30 DAY include per occurrence; Property NOTICE OF CANCELLATION coverage for: Dania xe or A) Owned/Leased $100,N00 per occurrence. material change in coverage. Vehicles Combined simple limit of Insurance company must he B) Non -Owned $600,000 rated or ahove. Vehicles c) Hired vehicles Certificate of Liability Insurance forms may he faxed to Finance Department, (a (682)237-2996, hone (682)237-2914 or emailed to: aduvall a Iroplit chi lomrg. Questions regarding required insurance should be directed to April Duvall. This form must be signed and returned with your quotation. You are stating Dim � ou �Io hav �� lli� r«lui-Cd ir1surz icc and if'scicchd io t)"'rlOrnt ��Ork for the T(mn, mill hrovi 11 tlic insIIrancc ilh the A)M e rcyuir'cnicnts to the Town. A PURCHASE ORDER/CONTRACT WILL NOT BE ISSUED WITHOUT PROOF OF INSURANCE. AGREEMENT l agree to provide the above -described insurance coverages within 10 working days if selected to perform work for the Town of Trophy Club. I also agree to provide the Town proof of insurance coverage on any and all subcontractors performing work on the project. Project/Bid# Trophy Club TX, Small Area Plan Company McAdams ,p Vendor# (if applicable) Printed Name:,)q��.5?J f t 1-'TGVJ S' ature: Date: 6 �S • 2-SF Page 17 of22 X ATTACHMENT D HB 89 FORM Effective September 1, 2017, House Bill 89 Prohibition on Contracts with Companies Boycotting Israel states that a state agency and a political subdivision (which includes a city) may not enter a contract with a company for goods or services unless the contract contains a written verification from the company that; (i) it does not Boycott Israel; and (ii) will not Boycott Israel during the term of the contract. "Boycott Israel" is defined to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes. "Company" is defined to mean a for -profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. To Be Completed By Vendor: "I,•�r4rw ca �i 5a� (Name of certifying official), theQwo;ftr i Meor position of certifying official) of )!Jc.�Avym3 (name of company), does hereby verify on behalf of said' company to the City that said company does not Boycott Israel and will not Boycott Israel (as that term is defined in Texas Government Code Sect' 808.001) during the term of this contract. Signature of Certifying Official Title: �1 1►�tt�,�G- Date: Page 18 of 22 K ATTACHMENT E SB 252 CHAPTER 2252 CERTIFICATION I, Jameson Pinson - the undersigned an representative. - of McAdams (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152, and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above -named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the Town of Trophy Club. Jameson __Pinson Name of Company Representative (Print) S' nre of Company Representative •5' - Date Page 19 of 22 ATTACHMENT F DRUG -FREE WORKPLACE CERTIFICATION The McAdams (company name) will provide a Drug Free Work Place in compliance with the Drug Free Work Place Act of 1988. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited on the premise of the — (company name) or any of its facilities. Any employee who violates this prohibition will be subject to disciplinary action up to and including termination. All employees, as a condition of employment, will comply with this policy. CERTIFICATION REGARDING DRUG -FREE WORKPLACE The undersigned FIRM certifies it will provide a drug -free workplace by: Publishing a policy statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the consequences of any such action by an employee; Establishing an ongoing drug -free awareness program to inform employees of the dangers of drug abuse in the workplace, the FIRM's policy of maintaining a drug -free workplace, the availability of counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed on employees for drug violations in the workplace; Providing each employee with a copy of the FIRM's policy statement; Notifying the employees in the FIRM's policy statement that as a condition of employment under this subcontract, employees shall abide by the terms of the policy statement and notifying the subcontractor in writing within five days after any conviction for a violation by the employee of a criminal drug abuse statue in the workplace; Notifying the City within ten (10) days of the FIRM's receipt of a notice of a conviction of any employee; and, Taking appropriate personnel action against an employee convicted of violating a criminal drug statue or requires such employee to participate in a drug abuse assistance or rehabilitation program. Name of Qr anization/FlRM s : McAdams Signature of Authorized Representative: Date: 4-6- 25 Page 20 of 22 ATTACHMENT G QUALIFICATIONS & REFERENCE SHEET Please Complete and Return This Form with the bid The FIRM shall furnish, with the RFP, the following information, for at least three (3) recent references to whom products and/or services have been provided that are similar to those required by this RFP. Company's Name M iF..-S it i Tic Name of Contact Title of Contact Ass siotorwT CrrY 1'? NAtti�r� Present Address 12vo F pd*&M 5?_ City, State, Zip Code rt+ *f4.4 F j Lruy, Tit ' Tio 6 3 Telephone Number (�t-I) _-�` . a� �,Z g Fax Number ( ) 2. Company's Name Name of Contact At4 W4 Title of Contact Asitsirsypi Garr t-To,#j *c-P '- Present Address Fasa.GSt Qtio&& ✓ f City, State, Zip Code 15*Vr _ 12 760L l Telephone Number (g I -r) %,L - ZZoa Fax Number ( ) 3. Company's Name _1414l44r -ejjP u, UA*?G TX Name of Contact _P�"L !STS:%Ofr►� Title of Contact Present Address d� City, State, Zip Code 14 t�y�ZyI4i5 -Ile "156-17 Telephone Number (qn_,r /31 Fax Number ( ) Page 21 of 22 ATTACHMENT H FORM 1295 CERTIFICATE OF INTERESTED PARTIES FORM 1295 CIFRIMMEONRY Compete Nos_ a - 4 and 6 11 there are Interested parties Complete Nos. 1, 2, 3, 5, and 6 11 there are no Interested parttes- C Marne of bur.1r ecc entity ff 11np form- and the oft tuba and ovum" at the bnmlrrecc erAlly% pl&" of buritnec4- y Name of governmental ontlty or ctaile aganoy bW 16 a party o the o0wdwa0tT<w whfeih the form Ic belmg filed. ► • Prcvide the ldenlifination number ucod by the g4ovmmnantal enWy or ctate apemy to t de�ntify tiro oantraol, and provide a decoriptlon of the carvleec, Qoodc, or other property to be prodded aonhraut coy, states ooufrtry abmre of Inured (ohm* appdnabiet Name W hferectad Party ipta" of m'%&r ecat .L ci� CCeirUMog Interm*dLwy CheoR ortly if tftiare Party. e U144WORN DEI_� . ._.. .... ..... .... .... ..... _.._ _. .._._.. ._... �••! idarwo ;its:, ;rm-181 fuarA�; 4r,tw LW,Au Y d Po" the 9w farwry 7 raLM *-J cv-p-A E.cycsi�r+ - - ._-.. ._... lnurxly �d ..,_.._. ..-• 1D'4rr •- --- �� ......_... ._..�- - ;rrc3�s1 gyrflt• 0 oJauw! &.Wt ar Lw[tn3ly, Vumrwm 0'" �L`�rw rRl ADD ADDITIONAL PAGES AS NECESSARY i* Lr�rw fie: W Trots Err era'-._niraw*vn b U% Rwtwr! 1J�3�C1 7 MMCADAMS May 10, 2024 Town of Trophy Club Mrs. April Duvall 1 Trophy Wood Drive Trophy Club, Texas 76262 RE: Trophy Club TX, Small Area Plan Trophy Club, Texas TT24002 Dear Mrs. Duvall, Ti"C2=4002 > PROPOSAI We are pleased to offer this proposal for planning services for the proposed small area plan in Trophy Club, Texas. PROJECT UNDERSTANDING SITE The small area plan consists of approximately 54 acres and includes hotels, restaurants, medical office buildings, overflow parking lots, residential, civic uses, and vacant lots. The planning area is generally located at the intersection of State 114 Highway and Trophy Wood Drive shown on Exhibit A below. PROPOSED DEVELOPMENT The Town of Trophy Club aims to undertake a conceptual master planning initiative to assess the viability of reimaging the corridor by integrating placemaking and mixed -uses in a context -sensitive manner. This planning exercise will evaluate existing conditions and explore interventions to transform the area into a more sustainable, productive, and cohesive development. creating experiences through experience 201 Country View Drive, Roanoke, TX 76262 / 972. 436. 971 9MCAUAMS Exhibit A• Small Area Plan Proyer(N :area i1 R ri C)=t(?()? > PROPOSA q4 AL ASSUMPTIONS This proposal is based on the following assumptions: > Decision -making personnel will be available to meet on a timely basis. • Access to project site will be available for the project team. > Town staff will act as a liaison to TxDOT, with McAdams support, as needed. • This proposal is for site investigation, project programing, stakeholder and community engagement and advanced planning only. Amendments to scope will requirea change order for future design scope and fee. > GIS or other georeferenced data (AutoCAD) will be provided to the project team that reflects the full scope of the RFP and as reflected in this proposal from McAdams. Desktop survey will utilize readily available GIS, beyond the data provided by the Town, and aerial photography to gather site boundary, topography and environmental information. > Master planning will be prepared from available GIS data. A site survey may be needed and can be quoted if required. If a survey is provided at a later date, the master plan will need to be updated to reflect the correct property boundary or other site characteristics. > Environmental reports for the property will be provided by the Owner, if needed. creating experiences through experience 2 of llll M("ADANiS > PROPOSA > A traffic impact analysis (TIA) is not included in the scope of services. > The project will be designed and submitted in a single phase. > Planning drawings to be provided in DWG or PDF format. PROPOSED SERVICES + FEES We propose the following services (Alphanumeric task numbers are for internal coding purposes): DELIVERABLES A11.10 Project Program: (billi-0 percent complete. bayed on progress) The early design process is best undertaken with a collaborative and iterative approach. To initiate the project, the design team and Town representatives will meet for a project kick-off meeting. The objective of the kick-off meeting is to set expectations, establish lines of communication, review the project schedule, determine preferred method of outreach for community engagement, discuss, and collectively analyze the preliminary site program, anticipate the capacity use of the site and answer design questions. Meetings will be conducted throughout project for continued coordination. > Project Initiation + Preparation • Design Fee Proposal > Kick -Off meeting with Staff > Creation of Design Schedule A1.15 Stakeholder Interviews + Summary: The project team will conduct five (5) in -person or virtual interviews with existing property/business owners that will include the following: * HG Supply (HG SPLY TROPHY CLUB LLC) > Hutchins BBQ (BREAD 114 LLC) * The Vineyards at Trophy Club (ARMORE TROPHY CLUB LLC) > 301 Trophy Branch Drive (EDWARD D JONES & CO LP) > 306 Trophy Branch Drive (TROPHY CLUB WSS LLC) Interview list can be confirmed during project kick-off meeting and may be adjusted as directed by the Town. Additional interviews beyond the initial list provided in this task may require additional scope. The purpose of these interviews is to obtain specific insight related to the property such as previous development proposals, development interest, site conditions, constraints, or other special consideration! that will inform direction of future tasks and provide input for community engagement discussions. cr.�atin ; experiences throw;h o_iporienr- 3 of A1.20 A1.25 A1.30 .-, -�; ;- > PROPOSA v Opportunities + Constraints Plan(s): i a � The project team will prepare an exhibit that identifies features and components of the area that could be opportunities or constraints for the purposes of (re)development related to the stated project goals. This exhibit will serve as a visual graphic that can be used for subsequent tasks. Data set will be gathered through desktop survey utilizing GIS and aerial photography. Specific items to be performed for this task include: Site Visit Base Map Creation > Opportunities and Constraints Plan Market Study: ihll(ed perrent complete. te. based on progressi Catalyst will review and provide synthesis of relevant economic data including employment, population, economic trends, and other relevant data accessible. As part of this process, Catalyst will conduct a market assessment for Trophy Club that benchmarks key economic factors in context of local and regional economies, establishes potential for economic targets based upon research, and office, retail, entertainment, and restaurant demand . Ultimately, this will create a blueprint or economic development strategy to activate the vision and grow Trophy Club in a sustainable and fiscally responsible manner. The strategy shall support comprehensive planning polices and regulations from an economic lens that manages growth, recommends infrastructur( to serve future development needs, increases and retains local talent, enhances neighborhood quality, reinforces placemaking, and increases the overall quality of life for Trophy Club residents, workforce, visitors, and students. This process will link land -use and economic development strategies to integrate the responsible redevelopment and reinvestment of targeted areas with a priority of value capture and other economic priorities based upon the nexus of community input, major landowner goals, and Town priorities. Community Engagement: (billod pi-i ent C:umolete based on progress) The project team will facilitate, in partnership with Town staff, public meetings to solicit general feedback on community values, user preferences and desired experiences, residents wants and needs, and perceived quality of service. Community engagement meetings include the following: crps(uig experiences fhi0u.vh (,x)ononCo 4 of 2 MCADAMS ( 2.,10C > PPOPOSA > One (1) project visioning/programming and community public engagement open house workshops. Workshops will entail 5-8 stations asking input on various aspects of the programming and site analysis; > Report of community engagement findings; and > Overall project management between City and McAdams staff. A11.35 Scenario Concept Plan Illustrations (2): tf;!; .)�i.`l•-li) jCjil;l1(;E(c'�lt.l)!i':l)I°'ii? ';�l�i�(�.if?�)i;)f'"i'�s! Project team will prepare up to two (2) scenario concept plans of the area to illustrate possible development alternatives. Said plans will be prepared as a sketch -like illustration that will take into consideration the input received from the previous tasks. Plans may include proposed land uses, approximate building placement, access points, parking areas, amenity areas, possible trail and street connections, sidewalks, open space, or other features to illustrate the possible configuration, development form of the area and project inspiration/visioning photos. Said plans will be used to evaluate by stakeholders, such as Town staff and officials, as part of a separate task included in this agreement. A1.40 Council Work Session Presentation: Ft: � i,=1� G ;!11t"-i it'., erzt Task includes preparation of power point presentation and attendance at council workshop meeting to present concepts and demonstrate how the plans supports the values shared during community engagement. Feedback received during this work session will aid in preparation of preferred concept plan. A11.45 Preferred Concept Plan: FEE 57,9") 0.)iI10(I perre+rl complete. Mired Oil progre5Sj Upon the recommendations from the stakeholder feedback from the above task, the project team will prepare one (1) preferred concept master plan for the area. Said plan will be a color enhanced site plan illustration. Perspective 3D illustrations are not included but may be quoted upon request. ALSO Area Plan document (including drafts + final version): FFF Sl+_,t1 Ue c:°nt .onnpIote. haled On 11tC1Ers„'S5i Throughout the planning process, the project team will draft components of the Area Plan document for staff review. Said components will be complied into a final document at the completion of the planning process to present to Town Council for approval of the final Area Plan. creating experiences lhrou�h oxponnnco 5 of TIM C A DA M S > PROPOSAI A1.55 Fiscal Impact Analysis: FEE: $7,500 (billed percent complete, based on progress) A high-level fiscal analysis will be performed for the preferred scenario of the preferred concept plan to evaluate the fiscal implications of the future vision, projected build -out population, and increase in workforce to establish recommendations in the area plan document. DELIVERABLES TOTAL: $84,437.50 ADDITIONAL SERVICES IF REQUESTED A1.60 Statistically Valid Survey: FEE: S10,000 A1.66 Create + Maintain a SAP Website: FEE. $10,000 A11.54 3D Massing Model + GLA Charts: FEE: $6,450 A11.55 3D Model + Perspective Renderings: FEE: S28,000 A11.56 3D Animated Video: FEE: 518WO ADDITIONAL SERVICES TOTAL: $72,450 EXTRA SERVICES J. Additional Services (billed percent complete, based on progress) (billed percent complete, based on progress) (billed percent complete, based on progress) (billed percent complete. based on orogressl (billed percent complete, based on progress) When requested by the Owner and confirmed by the Owner and/or Firm in writing, the Firm shall perform services in addition to those described above in this Agreement and the Owner shall compensate the Firm by hourly charges in accordance with the attached Rate Schedule. creating experiences through experience 6 of 'J MCADAMs TTC24002 > PROPOSA PROJECT SCHEDULE The Firm's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the project. The following is the expected schedule for completion of work on this project: Schedule to be mutually agreed upon between Owner and Firm. The time limits and schedule set forth above have been agreed to by the Owner and Firm, but the time limits and schedule shall be extended for (1) reasonable cause, or for (2) any delays associated with the Firm's work on the project that are not the sole responsibility of the Firm. OWNER RESPONSIBILITIES Owner shall be responsible for the following: • Notification to proceed; > Timely approval of sketches presented for Owner approval; > Timely providing of information from other professional services (architect, geotechnical engineer, etc.), as described hereinabove; Payment of all application, permit and filing fees, as well as any other required fees incurred; Payment of invoices in accordance with Item 1 of Terms and Conditions; and - Notification to Firm of any problems, in accordance with Item 2 of Terms and Conditions. Coordination with any subconsultants related to this Agreement will be provided by Firm as additional services based on subconsultant fee(s) plus 12.5%. If project is put on hold for a period longer than 1 month after design has commenced, Firm reserves the right to revise fees and schedule. creating experiences through experience 7 of 2 McADAMS > PROPOSA EXCLUSIONS The following services are not included in this Agreement: > Off -site utility extensions or roadway improvements (will be quoted if required); > Off -site stormwater management facilities, revisions to the existing stormwater infrastructure or analysis of "downstream" stormwater system (will be quoted if required); > Subsurface Utility Location; > Architectural design services; > Property survey or other geomatics services; > Preliminary engineering services; > Cost estimating services; • Additional public engagement beyond scope described above; > Wetlands delineation and permitting (will be quoted if required); • MEP and structural Engineering design services; > Traffic Impact Analysis; > Color graphics for meetings or marketing purposes (will be quoted if required); > Permit application, plans review or re -review fees; > Revised directives from Owner after design has begun; > Acquisition of easements; preparation of off -site easements; > Flood study; > Court appearances for litigation, or preparation for same; > Legal advertisements for construction contracts; • Soils investigations, borings, or compaction tests; > Environmental investigations, wetlands permitting, wetlands surveying; and • Any costs incurred by Owner or Contractor due to changes required by the approving authority or their inspectors after construction drawings have been approved. GENERAL CONDITIONS • The attached "Terms and Conditions" shall apply to this Agreement. > This proposal is valid for 30 days from the above date. • Reimbursable expenses will be billed in accordance with the attached Rate Schedule. > Owner is responsible for all application and permit fees. cwatinf, experiences through experience 8 of WADAMS TTC24002 > PROPOSAI CONCLUSION We appreciate this opportunity to propose our services. We are eager to pursue this project further and thank you for your consideration. Sincerely, MCADAMS riJa eson Pinson RLA rector, Landscape Architecture 1P/mm ACCEPTANCE By: Date: 6 ''3' � �-� Name: Title: L' A-& g4 ACCOUNTING INFORMATION Billing Contact: 1_l2iL fU\ G""�0 DLI Billing Contact Email Address: n an c e V-- lno-k i4clL-t , Billing Contact Phone Number: J900 Billing Address: qLonod creatinK experiences through experience 9 of