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October 19, 2010 Agenda
AGENDA CITY OF DENTON CITY COUNCIL October 19, 2010 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, October 19, 2010 at 3:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: WORK SESSION 1. Consider adoption of an ordinance suspending certain portions of Section 2-29 of the City Code relating to Rules of Procedure for the City Council of the City of Denton, Texas, until January 1, 2011 and substituting alternative provisions through December 31, 2010 for the purpose of testing interim Rules of Procedure herein established and declaring an effective date. 2. Requests for clarification of agenda items listed on the agenda for October 19, 2010. 3. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item. 4. Receive a report, hold a discussion and give staff direction regarding the creation of a Tax Increment Financing (TIF) District for Downtown. Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below. CLOSED MEETING 1. Closed Meeting: A. Deliberations Regarding Real Property - Under Texas Government Code Section 551.072; Consultation With Attorneys - Under Texas Government Code Section 551.071. 1. Discuss, deliberate, and receive information from Staff and provide Staff with direction pertaining to the acquisition of a fee simple tract, being Lot 1, Block 2, College Beauty Addition, in the City of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 198, Page 365 of the Deed Records of Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the tract referenced above where a public City of Denton City Council Agenda October 19, 2010 Page 2 discussion of these legal matters would conflict with the duty of the City's attorneys to the Denton City Council under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceedings or potential litigation. 2. Discuss, deliberate, and receive information from Staff and provide Staff with direction pertaining to the acquisition of permanent sanitary sewer easements and temporary constriction easements in the B.B.B & C.R.R. Company Survey, Abstract No. 185 and the Hiram Sisco Survey, Abstract No. 1184, generally along the Pecan Creek Tributary in the City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the necessary easement tracts where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the Denton City Council under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceedings or potential litigation. (Pecan Creek Sanitary Sewer Project - Phase 11) B. Consultation with Attorney - Under Texas Government Code Section 551.071. 1. Consult with City's attorneys regarding: (1) legal issues associated with the regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including Constitutional limitations, statutory limitations upon municipal regulatory authority and statutory preemption of municipal regulatory authority; (2) Federal preemption (and limitations on that preemption) of certain municipal regulations relating to the compression and transmission of natural gas, and the location of gas pipelines; (3) analysis of risks and enforceability of such regulations, including impacts and strategies associated with local permit protections; (4) legal limitations associated with the setting of fees for administration, inspection, enforcement, and other governmental or proprietary services related to gas well drilling and production, both within the City and its extraterritorial jurisdiction and, (5) discussion of legal bases, legal risks, and possible responsive legal strategies, associated with recent feedback to the City's gas well code provisions and associated permitting, platting and regulatory practices, both in general and as specifically applied to unplatted portions of proposed developments. 2. Consultation, discussion, deliberation, and receipt of information from the City's attorneys regarding contemplated litigation with Denton County Electric Cooperative, Inc. d/b/a CoServ Electric and CoServ Gas, Ltd. relating to disputes concerning franchise issues, where public discussion of these legal matters would clearly conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. City of Denton City Council Agenda October 19, 2010 Page 3 ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE `PUBLIC POWER EXCEPTION-). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOVT. CODE, §551.001, ET SE Q. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: REGULAR MEETING 1. PLEDGE OF ALLEGIANCE A. U. S. Flag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one state under God, one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards I. Goodwill Industries of Fort Worth Helping People with Disabilities Day 2. Presentation of grant from Keep America Beautiful and Waste Management to Keep Denton Beautiful. 3. National Breast Cancer Awareness Month 4. Amy Pelzel Appreciation Day 3. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: I. Willie Hudspeth regarding the Bonnie Brae rezoning. 4. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. City of Denton City Council Agenda October 19, 2010 Page 4 Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - L). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A - L below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of tricking services for various City of Denton departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4453-Annual Contract for Tricking Services awarded to the lowest responsible bidder meeting specification, Jagoe-Public Company in the annual estimated amount of $200,000). B. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the rental of heavy equipment for various City of Denton departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4582-Annual Contract for Rental of Heavy Equipment awarded to the lowest responsible bidder meeting specification for each item, in the annual estimated amount of $750,000) C. Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for electrical energy transmission fees to those cities and utilities providing energy transmission services to the City of Denton; and providing an effective date (File 4596-2010- 11 Electrical Energy Transmission Fees in the total amount of $1,403,633.03). D. Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement with Lockwood, Andrews & Newman, Inc. for engineering design and constriction phase services in connection with the Loop 288 Pedestrian Bridge Project; authorizing the expenditure of funds therefor; and providing an effective date (File 4585 in an amount not to exceed $134,067). E. Consider adoption of an ordinance rejecting any and all competitive bids for a public works contract for the constriction of drainage improvements for the City of Denton as specified in Bid 4554-Eagle Drive Drainage Improvements Phase I; and providing an effective date. F. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the constriction of a concrete lined channel, pilot channels, and two outlet strictures for the Magnolia Drainage Improvements Phase 1 Detention Pond Project; providing for the expenditure of funds therefor; and providing an effective date (Bid 3516-awarded to the lowest responsible bidder meeting specification, Floyd Smith Concrete, Inc. in the amount of $149,911.14). City of Denton City Council Agenda October 19, 2010 Page 5 G. Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during a fundraiser held at the North Texas State Fairgrounds on Sunday, October 24, 2010. The concert will begin at 1:00 p.m. and conclude at 10:00 p.m. This request is for an exception to the sound ordinance for amplified sound on Sunday. H. Consider a request for an exception to the Noise Ordinance for the purpose of performing live music at the residence of 1604 N. Elm Street on Sunday, October 31, 2010, beginning at 9:00 p.m. and concluding at 1:00 a.m. This request is for amplified sound on Sunday, an extension of hours from 10:00 p.m. for amplified sound, and for the amplified sound to be increased up to 75 decibels. L Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during two outdoor concert events in residential areas hosted by Scott Mulvahill. The first concert would be located at 1709 W. Oak Street on Friday, October 22, beginning at 9:00 p.m. and concluding at 12:00 a.m. The second concert would be located at 3000 Montecito on Saturday, October 23, beginning at 8:00 p.m. and concluding at 10:00 p.m. This request is for an extension of hours for amplified sound from 10:00 p.m. to 12:00 midnight and for an increase in decibels from 65 to 80 for both concerts. J. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the Mayor to execute an amendment to Interlocal Cooperation Agreement, by and between the City of Denton, Texas ("City") and the Denton Independent School District ("DISD"), amending that certain Interlocal Cooperation Agreement, dated on or about July 20, 2004, by and between the City and DISD, granting the right to utilize additional street right of way for the DISD fiber optic system; and providing an effective date. K. Consider adoption of an ordinance finding that a public purpose and necessity exists to acquire sanitary sewer easements and temporary constriction easements and authorizing the acquisition through agreement or eminent domain of variable width sanitary sewer easements and variable width temporary constriction easements on the hereinafter described parcels of real property situated in the City and County of Denton, Texas, and all being embraced within the limits of the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185 and the Hiram Sisco Survey, Abstract Number 1184 for the installation of utilities relating to the "Pecan Creek Interceptor - Phase 11 Project"; providing a severability clause; providing an effective date. The Public Utilities Board recommends approval (6-0). L. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a real estate contract by and between the City of Denton, Texas and Philip R. Tharp and Joe B. Moore, and any other documents and conveyances that are necessary to acquire 602 Rose Street being Lot 1, Block 2, College Beauty Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 198, Page 365 of the Deed Records of Denton County, Texas; authorizing the expenditure of funds therefor; providing an effective date. (Paisley Street Drainage Improvements) City of Denton City Council Agenda October 19, 2010 Page 6 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement for design and engineering services relating to the Bonnie Brae Road Widening and Improvements project: providing for the expenditure of funds therefor; and providing an effective date (File 4520 - awarded to Graham Associates, Inc. in an amount not-to-exceed $5,444,253.00). B. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement for design and engineering services relating to the Mayhill Road Widening and Improvements project: providing for the expenditure of funds therefor; and providing an effective date (File 4511 - awarded to Freese and Nichols, Inc. in an amount not- to-exceed $4,501,530.00). C. Consider nominations/appointments to the City's Boards and Commissions: 1. Zoning Board of Adjustment 6. PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Ordinances 86-173 and Ordinance No. 98-324 to amend the boundaries, concept plan and conditions associated with roughly 235.65 acres of land designated as Planned Development 120 (PD-120), located at the southeast corner of the intersection of F.M. 2164/Locust Street and Loop 288, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, defining the applicability of obsolete zoning use standards and designations referenced herein; and providing a severability clause and an effective date. (PDA10-0001, Gardens (?f Denton) The Planning and Zoning Commission recommends approval with conditions (7-0). B. Hold a public hearing and consider adoption of an ordinance granting approval of a sub-surface use of a portion of Mack Park for the purpose of a Utility Easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of a utility easement; and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (6-0). C. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, adopting Standards of Care for Youth/Teen Programs administered by Denton's Parks and Recreation Department pursuant to Texas Human Resources Code Section 42.041 (b)(14); and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (6-0). 7. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation City of Denton City Council Agenda October 19, 2010 Page 7 of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 2010 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY- TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. This page left blank intentionally . salegallour documentslmiscellaneous1101101910 ais cc rules ofproasuspending application in pilot project.doc AGENDA INFORMATION SHEET AGENDA DATE: October 19, 2010 DEPARTMENT: Legal Department CM/DCM/ACM: Anita Burgess, City Attorney SUBJECT: Consider an ordinance suspending certain portions of section of 2-29 of the City Code relating to Rules of Procedure for the City Council of the City of Denton, Texas, until January 1, 2011 and substituting alternative provisions through December 31, 2010 for the purpose of testing interim Rules of Procedure herein established and declaring an effective date. BACKGROUND: The Rules of Procedures are revised for your consideration on an interim basis pursuant to the Council's discussion in its Work Session Meeting of October 12. OPTIONS: City Attorney recommends approval of this ordinance. PRIOR ACTION/REVIEW: None Respectfully submitted, Anita Burgess S:AL.egid\0ur Documents\0rdinances\10\CC Rules of Procedure - Suspending Application in Pilot Project Final.doc ORDINANCE NO. AN ORDINANCE SUSPENDING CERTAIN PORTIONS OF SECTION OF 2•-29 OF THE CITY CODE RELATING TO RULES OF PROCEDURE FOR THE CITY COUNCIL OF THE CITE'' OF DENTC►N, TEXAS UNTIL JANUARY 1, 2011 AND SUBSTITUTING ALTERNATIVE PROVISIONS THROUGH DECEMBER 31, 2010 FOR THE PURPOSE OF TESTING INTERIM RULES OF PROCEDURE HEREIN ESTABLISHED AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton desires to conduct the City Council meetings of the City of Denton in the most efficient and time effective rnamier; and WHEREAS, the City Council also desires to allow open dialogue by citizens of the community regarding the business of city government, and WHEREAS, recent meetings of the City Council have run into the late evening hours and even the early morning hours, thereby inconveniencing citizens waiting to make comments to the City Council and fatiguing the Council, staff and citizens; and WHEREAS the City Council desires to test same alternative processes and procedures to streamline the City Council meetings, limit their duration, and facilitate citizen's access to make comments to their local governing body; and WHEREAS the City Council desires to suspend certain provisions of its Rules of Procedure in order to test the alternative processes and procedures; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That certain portions of Section 2-29 of the City Code, known as the Denton City Council Rules of Procedure, are hereby suspended until January 1, 2011 and alternative procedures are substituted to test their efficiency through December 31, 2010, as follows: SUSPENDING 2-29(d) Types, of Meetings (3) Workshop Meetings:: Citizens or other interested persons attending the work session will not be allowed to participate in the session unless invited to do so by the Mayor. Citizens should be advised of the nature of the work session and that their input may be received and considered at a regularly scheduled couuicil meeting where the agenda provides for final action to be taken on the matter. The purpose of this procedure is to allow the citizens attending the regular meeting the opporturnity of hearing the views of their fellow citizens in a more formal setting. Any citizen may supply the City Council a written statement or report regarding the citizen's opinion on a matter being discussed in a work session. If the Mayor invites citizens to participate in a work session, their participation will cease at the point the Mayor closes the session to public input to allow the Council to give City staff direction as to needed information for the possible fatLue s:\Legal\our Documentslordinances\10\CC Rules of Procedure - suspending Application in Pilot Prqject Final. doe meeting without distracting comment from the audience. SUBSTITUTING 2-29(d) Types of Meetings: (3) Workshop Meetings; total i i i Ti uh W) iteim. As i citizens or other interested persons may 110L participate in the session UnICSs im'ited to do so by the Mayor. Citizens should be 1:dvis:.d of the rlaturz ofthework session , ' ~ti I4ao1`ll--of oil ti1c collselit age1'16(, W I, " d"i hen- 111 but that their input on other- items on the agenda may be received and considered at a regularly scheduled council meeting where the agenda provides for final action to be taken on the matter, The purpose of this procedure is to allow the citizens attending the regular meeting the opportunity of hearing the views of their fellow citizens in a more formal setting. Any citizen may supply the City Council a written statement or report regarding the citizen's opinion on a matter being discusscd in a woi l:_ session. If the Mayor invites citizens to participate in a work session W11v !'i coi1 Lilt iH their participation will cease at the point the Mayor closes tlic session to public input to allow the Council to give City staff direction as to needed information for the possible future meeting i hout distracting comment from the audience. SUSPENDING 2-29(f)(4) presentations from Members of the Public: a. Reports from Members of the Public. Any person who wishes to place a subject on the Council agenda at regular City Council meetings shall advise the City Manager's office of that fact and the specified subject matter which he or she desires to place on the agenda no later than 5:00 p.m. Wednesday prior to the Council meeting at which he or she wishes the designated subject to be considered. A time for such reports shall be determined by the Agenda Committee giving due consideration to the length of the Agenda, the convenience of the public, and the orderly flow of public business. Any speaker providing a report shall speak for no longer than four (4) minutes on all items that he or she may bring before the Council at each meeting, unless the Mayor or the majority of the Council grants an extension of tune. No person may fill out a "request to speak" farm in order to speak or comment on another: person's report, which is given at the same Council meeting. Ain announcement shall be made, prior to the time for reports from members of the public on the agenda, surnmariziing the main portions of the Rules and subsection (c), "Code of Conduct" as they may apply to members of the public speaking to the Council. PAGE, 2 S:\Lega]lonr Docurrtentslordinmtces\10l CC Rules of'Procedure - Suspending Application in Pilot Proiect Finl.doe b.. Speaking on Regular and Consent Agenda Items: Any person who wishes to address the Council regarding a non-public hearing item that is on the Council's agenda for a regular or special meeting, shall complete a "request to speak" fare asking to spear regarding the itepn and shall return it to the City Secretary before the Council considers the item. The Mayor will call upon the person to speak for no longer than three (3) minutes as that particular agenda item is considered by the City Council except that applicants and their agents on public hearing items shall be allowed to speak for no longer than five (5) minutes or as indicated in (f)(5) "Tine Limits." The provisions of this paragraph do not apply to workshop meetings, and a person's right to speak and provide input at these meetings shall be limited and controlled by subsection (d)(3) "Workshop Meetings". 2-29(f)(5): Time Limits: Speakers before the Council shall limit their remarks to no more than three (3) minutes for public hearing items provided that applicants for land use or other public hearing items and their agents shall limit their remarks to five (5) minutes or less per speaker and shall have a maximum of fifteen (15) minutes to speak to the item. Reports from members of the public shall be limited to four (4) minutes or less. Groups or organizations comprised of ten or more members shall lint their remarks in accordance with the parameters established in paragraph (f)(4). At the discretion of the presiding officer or a majority of the City Council, any speaker may be granted an extension of time to speak. SUBSTITUTING 2-29(f)(4) Presentations from Members of the Public: a. Reports from Members of the Public: Any person who wishes to place a subject on the Council agenda at regular City Council meetings shall advise the City Manager's office of that fact and the specified subject matter which he or she desires to place on the agenda no later than 5:00 p.m. Wednesday prior to the Council meeting at which he or she wishes the designated subject to be considered. I1 l ~11 7j ~ 'fl r c~ d1l to „ I Any speaker providing a report sha11 speak 1'ur no lodger than four (4) winates on all itei is that he or she may bring before the Council at each meeting, unless the Mayor or the majority of the CoLUICil grants an extension of time. No person may till out a "request to speak" form in order to speak or comment on another person's report, which is given at the sane Council meeting. An atu-iouncenent iiu y be made, prior to the time for reports from members of the public on the agenda, summarizing the main portions of the Rules and PAGE 3 S.\Legallour Documents\0rdinancs\l0\CC Rules of Procedure Suspc€rding Application in Pilot Project Final.doc subsection (c), "Code of Conduct" as they may apply to members of the public speaking to the Council. lz. Sneaking on Regular and Consent Agenda Items: Any person who wishes to address the Council regarding a non-public hearing item.. that is on the Council's agenda4a- shill complete a "'request to speak" form asking to speak regarding Lh,; t,.,n and shall return it to the Cite Secrotary before the Council considers the item. 71ils lvoc I t_ Ile CI d I 1 d i'cal~s the Mayor will call upon the person to speak for no longer than three (3) minutes as that particular agenda item is considered by the City Council, except that applicants and. their agents on public hearing items shall be allowed to speak for no longer than five (5) minutes or as indicL[Ied in subsection (f)(5). T'I ter,, ,rr1oI 2-29(f)(5) Time Limits: Speakers b ~)re the Council shall limit their remarks to no more than three (3) minutes for public hearing items provided that applicants for land use or other public hearing items and their agents shall limit their remarks to five (5) minutes or less per speaker and shall have a maximum of fifteen (15) minutes to speak to the item, Reports from members of the public shall be limited to four (4) minutes or less. Groups or organizations comprised of ten or more members shall limit their remarks in accordance with the panuncters established in paragraph 2-29(f)(4). III a ,_i _ ac !II 1 _ 1 1r,rtl (MIll ttlitlitteS At the discretion of the presiding officer or a majority of the City Council, any speaker may be granted an extension of time to speak. SECTION 2. That this Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: AI` ITA BURGESS, CITY ATTORNEY BY: PAGE 4 S:ILegallOur Documentsl0rdinances\MCC Rules of Procedure - Suspending Application in Pilot Project Final.doc ORDINANCE NO. AN ORDINANCE SUSPENDING CERTAIN PORTIONS OF SECTION OF 2-29 OF THE CITY CODE RELATING TO RULES OF PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS UNTIL JANUARY 1, 2011 AND SUBSTITUTING ALTERNATIVE PROVISIONS THROUGH DECEMBER 31, 2010 FOR THE PURPOSE OF TESTING INTERIM RULES OF PROCEDURE HEREIN ESTABLISHED AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton desires to conduct the City Council meetings of the City of Denton in the most efficient and time effective manner; and WHEREAS, the City Council also desires to allow open dialogue by citizens of the community regarding the business of city government; and WHEREAS, recent meetings of the City Council have run into the late evening hours and even the early morning hours, thereby inconveniencing citizens waiting to make comments to the City Council and fatiguing the Council, staff and citizens; and WHEREAS the City Council desires to test some alternative processes and procedures to streamline the City Council meetings, limit their duration, and facilitate citizen's access to make comments to their local governing body; and WHEREAS the City Council desires to suspend certain provisions of its Rules of Procedure in order to test the alternative processes and procedures; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That certain portions of Section 2-29 of the City Code, known as the Denton City Council Rules of Procedure, are hereby suspended until January 1, 2011 and alternative procedures are substituted to test their efficiency through December 31, 2010, as follows: SUSPENDING 2-29(d) Types of Meetings (3) Workshop Meetings: Citizens or other interested persons attending the work session will not be allowed to participate in the session unless invited to do so by the Mayor. Citizens should be advised of the nature of the work session and that their input may be received and considered at a regularly scheduled council meeting where the agenda provides for final action to be taken on the matter. The purpose of this procedure is to allow the citizens attending the regular meeting the opportunity of hearing the views of their fellow citizens in a more formal setting. Any citizen may supply the City Council a written statement or report regarding the citizen's opinion on a matter being discussed in a work session. If the Mayor invites citizens to participate in a work session, their participation will cease at the point the Mayor closes the session to public input to allow the Council to give City staff direction as to needed information for the possible future S:ILegahOur Documents\Ordinances1101CC Rules of Procedure - Suspending Application in Pilot Project Final.doc meeting without distracting comment from the audience. SUBSTITUTING 2-29(d) Types of Meetings: (3) Workshop Meetings:... Citizens or other interested persons attending the workshop meeting will be allowed to make citizen comment regarding consent agenda items to be considered in the regular council meeting. Speakers will be allowed three minutes per speaker and may comment on any or all consent agenda items so long as any speaker's time does not exceed a total of three minutes. All speakers must comply with 2-29(f)(4)b. with regard to completing a "right to speak" card prior to the council's consideration of the clarification of the consent agenda items. As it concerns all other items posted on the workshop agenda, citizens or other interested persons may not participate in the session unless invited to do so by the Mayor. Citizens should be advised of the nature of the work session and that they may make comment on the consent agenda items as herein specified, but that their input on other items on the agenda may be received and considered at a regularly scheduled council meeting where the agenda provides for final action to be taken on the matter. The purpose of this procedure is to allow the citizens attending the regular meeting the opportunity of hearing the views of their fellow citizens in a more formal setting. Any citizen may supply the City Council a written statement or report regarding the citizen's opinion on a matter being discussed in a work session. If the Mayor invites citizens to participate in a work session other than citizen comment on consent items, their participation will cease at the point the Mayor closes the session to public input to allow the Council to give City staff direction as to needed information for the possible future meeting without distracting comment from the audience. SUSPENDING 2-29(f)(4) Presentations from Members of the Public: a. Re orts from Members of the Public: Any person who wishes to place a subject on the Council agenda at regular City Council meetings shall advise the City Manager's office of that fact and the specified subject matter which he or she desires to place on the agenda no later than 5:00 p.m. Wednesday prior to the Council meeting at which he or she wishes the designated subject to be considered. A time for such reports shall be determined by the Agenda Committee giving due consideration to the length of the Agenda, the convenience of the public, and the orderly flow of public business. Any speaker providing a report shall speak for no longer than four (4) minutes on all items that he or she may bring before the Council at each meeting, unless the Mayor or the majority of the Council grants an extension of time. No person may fill out a "request to speak" form in order to speak or comment on another person's report, which is given at the same Council meeting. An announcement shall be made, prior to the time for reports from members of the public on the agenda, summarizing the main portions of the Rules and subsection (c), "Code of Conduct" as they may apply to members of the public speaking to the Council. PAGE 2 S:1LegallOur Documentslordina3nccsll0\CC Rules of Procedure -Suspending Application in Pilot Project Final.doc b. S eakin on Regular and Consent Agenda Items: Any person who wishes to address the Council regarding a non-public hearing item that is on the Council's agenda for a regular or special meeting, shall complete a "request to speak" form asking to speak regarding the item and shall return it to the City Secretary before the Council considers the item. The Mayor will call upon the person to speak for no longer than three (3) minutes as that particular agenda item is considered by the City Council except that applicants and their agents on public hearing items shall be allowed to speak for no longer than five (5) minutes or as indicated in (f)(5) "Time Limits." The provisions of this paragraph do not apply to workshop meetings, and a person's right to speak and provide input at these meetings shall be limited and controlled by subsection (d)(3) "Workshop Meetings". 2-29(f)(5): Time Limits: Speakers before the Council shall limit their remarks to no more than three (3) minutes for public hearing items provided that applicants for land use or other public hearing items and their agents shall limit their remarks to five (5) minutes or less per speaker and shall have a maximum of fifteen (15) minutes to speak to the item. Reports from members of the public shall be limited to four (4) minutes or less. Groups or organizations comprised of ten or more members shall limit their remarks in accordance with the parameters established in paragraph (f)(4). At the discretion of the presiding officer or a majority of the City Council, any speaker may be granted an extension of time to speak. SUBSTITUTING 2-29(f)(4) Presentations from Members of the Public: a. Reports from Members of the Public: Any person who wishes to place a subject on the Council agenda at regular City Council meetings shall advise the City Manager's office of that fact and the specified subject matter which he or she desires to place on the agenda no later than 5:40 p.m. Wednesday prior to the Council meeting at which he or she wishes the designated subject to be considered. Such reports shall be heard either at the beginning of the regular meeting of the City Council, or later on the council's agenda at a place determined by the Agenda Committee in light of the length of the agenda and the anticipation of time needed for the agenda items under consideration. Placement of citizen reports at the beginning of the agenda shall be determined by a rule of rotation as follows: Every member of the public will be given an opportunity for placement of their report at the beginning of the regular city council meeting once every six (6) months; should a citizen desire to present reports more frequently than once every 6 months, such reports will be heard by the council at the time determined by the Agenda Committee after the calling of an agenda item posted for such purpose; and speakers will be assigned to the first part of the meeting on a first come, first served basis with a limit of three (3) speakers assigned to this early forum. It is the intent of the rule of rotation to better manage the time of the City Council members, the city staff, and to fashion some more available and convenient time for all members of the public to address the City Council on anon-discriminatory and rotating basis. Any speaker providing a report shall speak for no longer than four (4) minutes on all items that he or she may bring before the Council at each meeting, unless the Mayor or the majority of the Council grants an extension of time. No person may fill out a "request to speak" form in order to speak or comment on another person's report, which is given at the same Council meeting. An announcement may be made, prior to the time for reports from members of the public on the agenda, summarizing the main portions of the Res and PAGE 3 S:1LegaWur Doc=ents\Ordinances\10\CC Rules of Procedure - suspending Application in Pilot Project Final.doc subsection (c), "Code of Conduct" as they may apply to members of the public speaking to the Council. b. S eakin on Re ar and Consent Agenda Items: Any person who wishes to address the Council regarding a non-public hearing item that is on the Council's agenda, shall complete a "request to speak" form asking to speak regarding the item and shall return it to the City Secretary before the Council considers the item. This procedure applies to speakers desiring to speak to agenda items during the regular meeting of the City Council or the workshop session of the meeting as it regards comments directed toward the consent agenda items. During the regular session, the Mayor will call upon the person to speak for no longer than three (3) minutes as that particular agenda item is considered by the City Council, except that applicants and their agents on public hearing, items shall be allowed to speak for no longer than five (5) minutes or as indicated in subsection (f)(5). The provisions of 2-29(d)(3) "Workshop Meetings" shall control with regard to time limitations for speakers on consent agenda items. 2-29(f)(5) Time Limits: Speakers before the Council shall limit their remarks to no more than three (3) minutes for public hearing items provided that applicants for land use or other public hearing items and their agents shall limit their remarks to five (5) minutes or less per speaker and shall have a maximum of fifteen (15) minutes to speak to the item. Reports from members of the public shall be limited to four (4) minutes or less. Groups or organizations comprised of ten or more members shall limit their remarks in accordance with the parameters established in paragraph 2-29(f)(4). Speakers before the Council on consent agenda items during the workshop sessions shall limit their remarks on all consent items to no more than three (3) minutes per section 2-29(d). At the discretion of the presiding officer or a majority of the City Council, any speaker may be granted an extension of time to speak. SECTION 2. That this Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: PAGE 4 This page left blank intentionally . AGENDA INFORMATION SHEET AGENDA DATE: October 19, 2010 DEPARTMENT: Economic Development ACM: Jon Fortune n SUBJECT Receive a report, hold a discussion and give staff direction regarding the creation of a Tax Increment Financing Reinvestment Zone (TIF) in Downtown. BACKGROUND A Tax Increment Financing Reinvestment Zone (TIF) is a tool that local governments can use to publicly finance needed structural improvements and enhance infrastructure within a defined area in order to stimulate private development and redevelopment. An ad valorem valuation base is established in the first year, and the revenue from the increased valuation from subsequent years is reallocated to TIF development. The City enlisted the services of Schrader and Cline, Dallas economic development consultants, to assist in establishing the TIF. The process requires the compilation of a great deal of data to ensure the area will meet TIF criteria and to develop the final project and financing plans. The City Council reviewed the process and purpose of a TIF in 2008. After several meetings regarding the Downtown TIF, it was decided to postpone the establishment of the TIF until the Downtown Implementation Plan (DTIP) was complete; the DTIP was approved by City Council on August 17, 2010. The DTIP identified specific projects and goals in order to spur development and redevelopment in Downtown, as well as financing opportunities, which includes creating a TIF district. Based on the recommendations of the Downtown Master Plan, the RTKL study and the Downtown Implementation Plan, staff recommends the creation of a TIF Reinvestment Zone for the downtown area. In previous discussions regarding a TIF for downtown, Council requested information on specific projects that would be eligible for TIF funds. Although the DTIP does not provide information on specific projects, it does identify the types of projects needed and areas where eligible projects should be considered. For example, the DTIP identifies three locations for parking/parking strictures, describes the elements of complete streets, and supports redevelopment projects in downtown. The proposed TIF district duplicates the boundaries of the Downtown Implementation Plan, excluding the tax exempt properties around Quakertown Park. The current recommended district is approximately one-half the size of the 2008 recommended TIF district. The current recommended district contains approximately 413 properties. The estimated value generated by the 2008 TIF was $35 million, compared to $23.6 million for the 2010 revised boundaries. These dollars reflect City of Denton participation only. -1- ESTIMATED SCHEDULE OF PROJECT On August 3, 2010, Council approved a resolution for a Notice of Intent regarding the Downtown TIF. Approval of the resolution did not formally commit the City to establish the TIF. It provided the opportunity for the City to notify the DISD and Denton County of its intent to create a TIF and to seek participation from them. The DISD and Denton County declined to participate. If directed by City Council to proceed, the following actions are required: 1. Public Hearing adopting an ordinance creating the TIF and authorizing the formation of a TIF Board and TIF Fund. In order to establish 2010 as the base year, this must be accomplished prior to December 31, 2010. 2. Approval of Board Bylaws. 3. Appointment of Board by City Council. (City Council members may serve on Board) 4. Board develops final Project and Financing Plans. 5. City Council approves final Project and Financing Plans. 6. Report to State Comptroller of TIF establishment. 7. TIF Board provides Annual Report to City Council, Comptroller and Attorney General on TIF Fund and project activity 90 days following the end of the fiscal year. Prior to holding the public hearing, staff will present the proposed project and finance plans to the Downtown Task Force and the Economic Development Partnership Board and seek their input at their October and November meetings, respectively. PRIOR ACTION/REVIEW The Downtown Master Plan, the RTKL Catalyst Project study, and the Downtown Implementation Plan (DTIP) have all been reviewed and have been endorsed by the Downtown Task Force, the Economic Development partnership Board and City Council. All three of these studies/plans recommended the creation of a TIF. In addition, the Economic Development Partnership Board received a briefing on the revised boundaries of the TIF at their August meeting. The Board recommended Council approve the Resolution of Notice of Intent. Council approved the resolution on August 3, 2010. FISCAL INFORMATION It is estimated that the TIF would generate approximately $23.6 million over a 30 year period for downtown improvements. EXHIBITS Draft Finance Plan Draft Project Plan Feasibility Plan Respectfully submitted: Linda Ratliff, Director Economic Development Department -2- FINANCE PLAN - DENTON TIF NO. I PRELIMINARY FINANCE PLAN October 2008 Tax Increment Financing Reinvestment Zone No. I City of Denton, Texas SCHRADER & CLINE, LLC George R. Schrader Larry D. Cline 4800 Broadway, Ste A Addison, TX 75001 972-661-1973 schcli cr,swbell.net FINANCE PLAN - DENTON TIF NO. 1 PRELIMINARY October 2010 The Financing Plan provides information on the projected monetary impact that the formation of the Tax Increment Financing Reinvestment Zone (TIF) could have on the property described in Finance Plan Exhibit: A and shown in Finance Plan Exhibit: B. It will also describe how that impact can be utilized to enhance the area and region through leveraging the resources of each entity that participates in the project. Below is a summary of the Financing Plan items required by law. 1. The proposed public improvements in the TIF may include: • Capital costs, including the actual costs of the constriction of public works, public improvements, new buildings, strictures, and fixtures; and the actual costs of the acquisition of land and the clearing and grading of land; • Financing costs, including all interest paid to holders of evidences of indebtedness or other obligations issued to pay for project costs and any premium paid over the principal amount of the obligations because of the redemption of the obligations before maturity; • Any real property assembly costs; • Professional service costs, including those incurred for architectural, planning, engineering, and legal advise and services; • Any relocation costs; • Organizational costs, including costs of conducting environmental impact studies or other studies, the cost of publicizing the creation of the TIF, and the cost of implementing the project plan for the TIF; • Interest before and during constriction and for one year after completion of constriction, whether or not capitalized; • The amount of any contributions made by the municipality from general revenue for the implementation of the project plan; • Imputed administrative costs, including reasonable charges for the time spent by employees of the municipality in connection with the implementation of a project plan; • The cost of operating the TIF and project facilities; and • Payments made at the discretion of the governing body of the municipality that the municipality finds necessary or convenient to the creation of the TIF or to the implementation of the project plans for the TIF. 2 FINANCE PLAN - DENTON TIF NO. I PRELIMINARY The specific capital improvement projects anticipated to be undertaken in the Denton TIF No. 1, are included in Finance Plan Exhibit. C. 2. Estimated Project Cost of TIF, including administrative expenses. • Project costs are estimated at approximately $23.6 million dollars. Specific cost estimates are included in Finance Plan Exhibit: C. 3. Economic Feasibility Study. • An economic feasibility analysis has been completed and is included as Finance Plan Exhibit: D. 4. The estimated amount of bonded indebtedness to be incurred. • If initial project costs are not advanced by a Developer, the City of Denton may consider issuing bonds when tax increment funds exceed the amount necessary to support debt service. 5. The time when related costs or monetary obligations are to be incurred. • Please refer to Finance Plan Exhibit: C for details regarding the type of improvement costs anticipated. The timing will be monitored by the TIF Board to insure adequate TIF funds are available. 6. A description of the methods of financing all estimated project costs and the expected sources of revenue to finance or pay project costs including the percentage of tax increment to be derived from the property taxes of each taxing unit on real property in the TIF. • Project costs will be financed through loans advanced by developers or by the use of tax increment funds received on a pay-as-you-go basis. No new debt is envisioned at this time, but bonds may be issued at a later date when adequate tax increment has been created to support debt service. The revenue sources will be the real property taxes captured by the TIF, which will account for 100% of revenues used to fund project costs or bond debt service. For the Financial Plan, the City will participate at varied tax rates for thirty (30) years, all on the incremental taxable value and all as shown in Finance Plan Table 2. 7. The current total appraised value of taxable real property in the TIF. • The current appraised base value of the taxable real property in the TIF using the 2009 certified values provided by the Appraisal District is $76.4 million. 8. The estimated appraised value of the improvements in the TIF during each year of its existence. • The estimated appraised value of the improvements in the TIF per year is listed in the following FINANCE PLAN TABLE 1. FINANCE PLAN - DENTON TIF NO. 1 PRELIMINARY TABLE 1 Assessed Real Property Value Including Anticipated New Development Years 2010-2039 YEAR TOTAL ASSESSED VALUE, $M 2010 76.4 2011 77.9 2012 91.6 2013 96.1 2014 110.6 2015 114.2 2016 132.8 2017 140.4 2018 144.2 2019 156.9 2020 163.2 2021 171.5 2022 185.8 2023 194.2 2024 203.6 2025 217.5 2026 227.5 2027 237.6 2028 252.6 2029 259.7 2030 270.4 2031 276.1 2032 286.8 2033 292.6 2034 303.4 2035 309.8 2036 319.2 2037 325.7 2038 335.2 2039 341.8 4 FINANCE PLAN - DENTON TIF NO. I PRELIMINARY The estimated annual incremental funds available from future development in the TIF are listed in the following table. TABLE 2 Annual Incremental Funds Provided for TIF No. 1 Years 2010-2040 Year ASSESSED VALUE $1\1 BASE ASSESSED VALUE $YI ANNUAL CAPTURED VALUE $YI TIE FUND, $h 2010 76.4 76.4 2011 77.9 76.4 1.5 2012 91.6 76.4 15.2 10 2013 96.1 76.4 19.7 101 2014 110.6 76.4 34.2 131 2015 114.2 76.4 37.8 228 2016 132.8 76.4 56.4 251 2017 140.4 76.4 64.1 374 2018 144.2 76.4 67.8 425 2019 156.9 76.4 80.5 450 2020 163.2 76.4 86.8 534 2021 171.5 76.4 95.1 521 2022 185.8 76.4 109.4 570 2023 194.2 76.4 117.8 656 2024 203.6 76.4 127.2 707 2025 217.5 76.4 141.1 763 2026 227.5 76.4 151.1 846 2027 237.6 76.4 161.2 906 2028 252.6 76.4 176.2 967 2029 259.7 76.4 183.3 1,057 2030 270.4 76.4 194.0 1,100 2031 276.1 76.4 199.7 1,099 2032 286.8 76.4 210.4 1,131 2033 292.6 76.4 216.2 1,192 2034 303.4 76.4 227.0 1,225 2035 309.8 76.4 233.4 1,286 2036 319.2 76.4 242.8 1,322 2037 325.7 76.4 249.3 1,376 2038 335.2 76.4 258.8 1,412 2039 341.8 76.4 265.4 1,466 2040 1,504 TOTAL 341.8 76.4 265.4 23,610 TIE CONTRIBUTION TAX RATE $100 VALUATION Tax Rate $100 Valuation YEARS I - 5 YEARS 6 - 10 YEARS I I - 20 YEARS 21 - 30 Cite of Denton 0.66652 0.66652 0.663194 0.599868 0.566542 9. The duration of the TIF: The TIF was created in 2010. It is proposed that the TIF exist for thirty (30) years with termination of the TIF set as 2039 or the date when all project costs are paid and any debt is retired, whichever comes first. FINANCE PLAN - DENTON TIF NO. I PRELIMINARY EXHIBIT A Boundary Description Beginning at the southwest corner of the ROW intersection of Carroll Blvd. and Sycamore, the POINT OF BEGINNING; THENCE, north along the west ROW of Carroll Blvd. to the northwest corner of the ROW intersection of Carroll Blvd. and W. Parkway Street; THENCE, east along the north ROW of W. Parkway Street to the northeast corner of the ROW intersection of W. Parkway Street and Locust; THENCE, south along the east ROW of Locust to the north ROW of McKinney; THENCE, east along the north ROW of McKinney to a point directly north of the southeast corner of the ROW intersection of McKinney and N. Bradshaw Street; THENCE, south across McKinney and continuing south along the east ROW of N. Bradshaw Street continuing directly south across E. Hickory Street to the south ROW of E. Hickory Street; THENCE, west along the south ROW of E. Hickory Street to the northeast corner of a tract in the Fred Hill Addition, Block A, Lot 1; THENCE, south and east following the property line of a tract in the Fred Hill Addition, Block A, Lot 1 to the northwest corner of a 1.406 acre tract, A1184A H. Cisco, Tract 14; THENCE, south along the west property line of a 1.406 acre tract, Al 184A H. Cisco, Tract 14 to its intersection with the north property line of a 1.694 acre tract Al 184A H. Cisco, Tract 15; THENCE, west and south along the north and west property line of a 1.694 acre tract A1184A H. Cisco, Tract 15 to the northwest corner of a 0.16 acre tract, A1184A H. Cisco, Tract 20; THENCE, south along the west property line of a 0.16 acre tract, A1184A H. Cisco, Tract 20 to the north ROW of Sycamore; THENCE, directly south across Sycamore to the south ROW of Sycamore; THENCE, west along the south ROW of Sycamore to the northwest corner of the Oakwood Cemetery; THENCE, south along the west property line of the Oakwood Cemetery to the north ROW of Prairie; THENCE, directly south across Prairie to the south ROW of Prairie; THENCE, west along the south ROW of Prairie to the southwest corner of the ROW intersection of Prairie and Elm; 6 FINANCE PLAN - DENTON TIF NO. I PRELIMINARY Boundary Description THENCE, north along the west ROW of Elm to the south ROW of Sycamore; THENCE, west along the south ROW of Sycamore to the southwest corner of the ROW intersection of Sycamore and Carroll Blvd. and the POINT OF BEGINNING, and containing a total area of approximately 225.73 acres. 7 0 O _ L 0) (0 J ii Q L N (D L ~O O E i cu _ C/) U) 0 0 (D 3 0 E Q o U - E a~ E o O L N / O U o c ILL O U m (D 0) N N E U N ILL (D N (D cn - 0 J ~ U Q Q U D w (D cu a (D 0 T a TM, ° z w wy°NAb C4 Z lA J.- I I rnFFrm IT-ml Q ~ ~ w 4TrTTrTTP I J-1.1 iii p w~YP4 _ o = cn- a _ i- I -1, HW 71/~m s, 1 W13~ rffi is o0~ 4 1[MVFHsavw ~IIC P [i 1a!als!Q Bu!auau!=l juawaaaul xal :8 I!q!uxg I g O J N IO 17 O LO O O O EXHIBIT C PROJECT ESTIMATED COST, $M Parking / Transportation 14.0 Streetscape Projects 5.6 Support for Downtown/Transit Projects 2.0 Utility / Drainage Improvements 2.0 TOTAL 23.6 PROJECT PLAN - DENTON TIF NO. 1 PRELIMINARY PROJECT PLAN October 2010 Tax Increment Financing Reinvestment Zone No. I City of Denton, Texas SCHRADER & CLINE, LLC George R. Schrader Larry D. Cline 4800 Broadway, Ste A Addison, TX 75001 972-661-1973 schcli cr,swbell.net PROJECT PLAN - DENTON TIF NO. 1 PRELIMINARY October 2010 The City of Denton, Texas proposes to establish a Tax Increment Financing Reinvestment Zone ("TIF") for the purpose of dedicating the increase in tax revenue generated within the TIF to provide funds for public infrastructure to encourage accelerated development and redevelopment in the downtown area of the City. The TIF consists of approximately 225.73 acres and is more fully described in Project Plan Exhibit A. The City is creating this TIF to encourage accelerated development and redevelopment in this area of the City in an effort to stimulate new higher value, higher density development which would benefit and be incentivized from the proposed public infrastructure improvements. It is expected that the TIF will exist for thirty (30) years or the date when all project costs are paid, whichever comes first. As set forth in Section 311.011 of the Tax Increment Financing Act of the Texas Tax Code Ann., the Project Plan for Tax Increment Financing Reinvestment Zone No. 1, Denton, Texas must and does include the following elements: 1. A map showing existing uses and conditions of real property in the TIF and a map showing proposed improvements to and proposed use of the property. ■ The boundaries of the TIF are shown on the map labeled Project Plan Exhibit: B; ■ Project Plan Exhibit: C shows existing land use within the TIF. Currently, the area is generally developed but contains less than ten percent residential. ■ Project Plan Exhibit: D lists public improvements being proposed for the TIF; ■ Project Plan Exhibit: E shows anticipated Future Land Use within the TIF. 1 PROJECT PLAN - DENTON TIF NO. 1 PRELIMINARY 2. Proposed changes of zoning ordinances, the master plan of the municipality, building codes, and other municipal ordinances. ■ Any changes to codes, ordinances, or master plan as a result of the creation of the TIF will be made through the standard process and procedures of the City. 3. A list of estimated non-project costs. ■ Non-project costs within the TIF are those development costs not paid for by the TIF. These costs will include, but are not limited to, $207.5 million, which is comprised of new private development. 4. A statement of a method of relocating persons to be displaced as a result of implementing the plan. ■ Although not anticipated, in the process of developing the TIF, any relocation will be made through the standard process and procedures of the City. 2 PROJECT PLAN - DENTON TIF NO. 1 PRELIMINARY EXHIBIT A Boundary Description Beginning at the southwest corner of the ROW intersection of Carroll Blvd. and Sycamore, the POINT OF BEGINNING; THENCE, north along the west ROW of Carroll Blvd. to the northwest corner of the ROW intersection of Carroll Blvd. and W. Parkway Street; THENCE, east along the north ROW of W. Parkway Street to the northeast corner of the ROW intersection of W. Parkway Street and Locust; THENCE, south along the east ROW of Locust to the north ROW of McKinney; THENCE, east along the north ROW of McKinney to a point directly north of the southeast corner of the ROW intersection of McKinney and N. Bradshaw Street; THENCE, south across McKinney and continuing south along the east ROW of N. Bradshaw Street continuing directly south across E. Hickory Street to the south ROW of E. Hickory Street; THENCE, west along the south ROW of E. Hickory Street to the northeast corner of a tract in the Fred Hill Addition, Block A, Lot 1; THENCE, south and east following the property line of a tract in the Fred Hill Addition, Block A, Lot 1 to the northwest corner of a 1.406 acre tract, A1184A H. Cisco, Tract 14; THENCE, south along the west property line of a 1.406 acre tract, A1184A H. Cisco, Tract 14 to its intersection with the north property line of a 1.694 acre tract Al 184A H. Cisco, Tract 15; THENCE, west and south along the north and west property line of a 1.694 acre tract A 1184A H. Cisco, Tract 15 to the northwest corner of a 0.16 acre tract, A1184A H. Cisco, Tract 20; THENCE, south along the west property line of a 0.16 acre tract, A1184A H. Cisco, Tract 20 to the north ROW of Sycamore; THENCE, directly south across Sycamore to the south ROW of Sycamore; THENCE, west along the south ROW of Sycamore to the northwest corner of the Oakwood Cemetery; THENCE, south along the west property line of the Oakwood Cemetery to the north ROW of Prairie; THENCE, directly south across Prairie to the south ROW of Prairie; THENCE, west along the south ROW of Prairie to the southwest corner of the ROW intersection of Prairie and Elm; 0 O _ L 0) (0 J ii Q L N (D L ~O O E i cu _ C/) U) 0 0 (D 3 0 E Q o U - E a~ E o O L N / O U o c ILL O U m (D 0) N N E U N ILL (D N (D cn - 0 J ~ U Q Q U D w (D cu a (D 0 T a TM, ° z w wy°NAb C4 Z lA J.- I I rnFFrm IT-ml Q ~ ~ w 4TrTTrTTP I J-1.1 iii p w~YP4 _ o = cn- a _ i- I -1, HW 71/~m s, 1 W13~ rffi is o0~ 4 1[MVFHsavw ~IIC P [i 1a!als!Q Bu!auau!=l juawaaaul xal :8 I!q!uxg I g O J N IO 17 O LO O O O 0 O _ L 0) (0 J ii Q L (D 0 (D E ~ N 0 L ! Q O ( , E O U E W O O L N / A o E U C LL O U (D 0) W x W 0- E ~ v (D M r LL (D (D 0- (D cn 0 -Fu 0) Y J ~ U Q Q U D w 0 ~ a ~ 05 0 ° z w wy°NAb C4 Z lA t - II -n I I I I i I~I li - - - - - - - - - r I ~ I it II-- o I CC MN o _ FFFT-L I~ I IT1~ I-W n~= I IIIIIII I 'I 1 I Illt ~II I ~ a r -------i - - _ - t y I I J- T-01 F _-_`I`-- ~s n ooh F-F I I I i, FRi --j--------- Floumv III -T - -L--A asn pua-! fuRs!x3 PARSla JIl :0 I!q!4x3 d y V r y rL L NNaI r c L W y ~VI[ (a~ a a d r O O O N C V O "!E W O V a c E N d a O .2 t: C r N d O m a N N O 2,0 > o o y R r y 7 'a U L cvi 7 O O r r V > y X H O C d afn+0+ Q. (Q L r C E 0 o~ MO a 'i f y L y 0 L y O YL 7 0 A C V V O L (Q O L w ~cn C-0 m_ 6 Ln r y R X N 0 H O_ CL 0 m cm p y E- y Oyw y m O ~Ncn a 2--4- 0 o M O N O 17 O LO O 0 PROJECT PLAN - DENTON TIF NO. 1 PRELIMINARY Boundary Description THENCE, north along the west ROW of Elm to the south ROW of Sycamore; THENCE, west along the south ROW of Sycamore to the southwest corner of the ROW intersection of Sycamore and Carroll Blvd. and the POINT OF BEGINNING, and containing a total area of approximately 225.73 acres. 4 PROJECT PLAN - DENTON TIF NO. 1 PRELIMINARY EXHIBIT D Project Plan PROJECT ESTIMATED COST, $M Parking / Transportation 14.0 Complete Streets 5.6 Support for Downtown/Transit Projects 2.0 Utility / Drainage Improvements 2.0 TOTAL 23.6 r: ~ r 11 r~ 'ID n~ ~ .f Ali t iL ~ rLy` N _ u, 5, F ? z y y~ y C6 ~Fj ~Zj ~ y ~y ~:y C) ri 7 _ ill ill _ -,j } - ~ } C, L, s CC F CC u7 C3 C: 0 c 0 L] CA c Lo f Q ' d p U an L-oalied {ll I` „i 'eAV Ilao Cl) Y I 0 ~ o O a. s-- 'IS PUUIV O (D -0 -}S leuisnpul V i YJ ~ ~ 0 ® 1 E IS uiIsnb x C U 2 S is n O, U _ ~S aepao D ma RN c) '}S aL-nilo8 X - `r x tea Z> . 26 - pn l8 lloa.iu3 FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY PRELIMINARY FEASIBILITY ANALYSIS (EXHIBIT D OF THE FINANCE PLAN) October 2010 Tax Increment Financing Reinvestment Zone No. I City of Denton, Texas SCHRADER & CLINE, LLC George R. Schrader Larry D. Cline 4800 Broadway, Ste A Addison, TX 75001 972-661-1973 schcli c,swbell.net FINANCE PLAN: EXHIBIT D Feasibility Analysis INDEX Index Forivard Section I: Section II: Section III: Section IV: Section V HISTORY CURRENT CONDITION / STATE TAT INCREMENT ANALYSIS TABLES TABLE I General Value Increase, $l\I TABLE 2 Catalyst Project Value Increase, $1\1 TABLE 3 Other Development; Redevelopment Value Increase, $1\1 TABLE 4 Cumulative Total Value Increase, $1\1 TABLE City Contribution to TIF, W TABLE 6 City BPP Value Increase, W TABLE 7 Total Income to City, W EXHIBITS EXHIBIT I Catalyst Project Overview EXHIBIT II Area A EXHIBIT III Area B EXHIBIT IN' Area C EXHIBIT V-- Area D EXHIBIT VI Area E PRELIMINARY Page 1 2 3 4 6 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY FOR WARD Schrader & Cline, LLC was asked to prepare a Feasibility Analysis using tax increment financing to encourage accelerated development and redevelopment for Tax Increment Financing Reinvestment Zone (TIF) No. 1 in the City of Denton, Texas. The areas of the City within the boundary of the TIF need public infrastructure projects that will provide a stimulus for new development. Section I summarizes the history of Denton. Section II is a brief discussion of the current condition/state. Section III details the tax increment analysis. Section IV contains Tables. Section V contains Exhibits. The following projections of development, redevelopment and tax revenues are subject to change. As underlying conditions in the national and regional economy change, the pace and value of new development and redevelopment projected for the TIF area may shift. Future property tax rates are particularly difficult to predict given their dependence on changes in the tax base, the mix of taxes levied and the various jurisdictions' overall fiscal and budgetary policies. Thus, the projected tax increments are subject to change. The analysis of future tax increment funds is dependent on a series of projections, assumptions, and other inputs. As a result, the report should be reviewed in totality. Neither this report nor its conclusions may be referred to or included in any prospectus or part of any offering made in connection with private syndication of equity, sale of bonds, sale of securities or sale of participation interests to the public without express written approval. 2 FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY SECTIONI.• HISTORY Denton, the county seat of Denton County, is located on IH 35, less than forty miles north of Dallas and Fort Worth. Because of its proximity, Denton has become closely associated with the Dallas - Fort Worth metropolitan area. The City was founded in 1857 in order to become the county seat, because it was located near the center of the County. Although established in 1857, and with a courthouse built on the north side of the square, it was not until 1866 that Denton was incorporated. In its early years, Denton grew slowly, but that changed with completion of the Texas and Pacific Railway and the Missouri, Kansas and Texas Railway through Denton in 1881. With only north and south rail connections, however, the town did not develop as a manufacturing and wholesale center. The next spur to Denton's growth came in 1890 with the opening of North Texas Normal College (now the University of North Texas) and in 1903 with the opening of the Girls Industrial College (now Texas Woman's University). With these developments as catalysts, the City grew from a population of 1,194 in 1880 to 2,558 in 1890 and subsequently, over time, to a population of 26,844 in 1960 and to 48,063 in 1980. Proximity to Dallas and Fort Worth, with good interstate highway connections, played a major role in this growth. Steady and at times rapid growth of enrollment at the two universities was important also. Additionally, after 1974 the City added many new residents as a result of the opening of Dallas - Fort Worth International Airport, which is closer to Denton than to many parts of Dallas and Fort Worth. Many airline employees and executives who traveled for major companies took up residence in Denton. The City of Denton has also benefitted from the continued rapid growth of the metropolitan area and as this growth has moved northward, the City has grown in population from 66,270 in 1990 to 80,537 in 2000 to a currently estimated 110,300. FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY SECTION IL• CURRENT CONDITION I STATE While Denton has grown to a population in excess of 100,000, the Denton downtown has not shared in the growth. One of the primary reasons for the lack of growth in the downtown area is the condition of the infrastructure. Many of the water and sewer lines serving downtown are 50 years old or older and are undersized to support new and more dense development and redevelopment. Drainage is poor. Many streets have fallen in need of repair or reconstruction, with unsafe sidewalks which do not meet ADA requirements. There also is a lack of parking to serve a higher level of development. The City of Denton has the potential, the need and the desire to undergo a successful revitalization of its downtown. To begin the effort, the City approved a Downtown Masterplan by Fregonese Calthorpe Associates and TIP Strategies in May/June 2003. This was followed by a Downtown Redevelopment Implementation Plan done by Leland Consulting Group and RTKL in 2005. The Leland / RTKL plan suggested five catalyst projects which would • Address underserved market niches • Provide direction for targeting and leveraging public investment • Advance market-tested vision over near-term and long-term • Create a physically and economically sustainable plan As one of the potential implementation tools for this plan, Leland/RTKL recommended creation of a Tax Increment Financing (TIF) Reinvestment Zone to fund public improvements which would provide assistance and stimulus for private redevelopment and new development. To further define and guide downtown public infrastructure improvements that would help stimulate private development and be funded by a TIF, the City of Denton asked Jacobs to prepare a Downtown Implementation Plan. This plan, presented to the community and city council in May 2010, focused on parking, complete streets, solid waste, a form base code and the planned transit oriented development. 4 FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY Based on the Leland/RTKL recommendation, and following the Downtown Implementation Plan recommendations, the City of Denton is proposing creation of a TIF Reinvestment Zone for the downtown area. The "defined area" of approximately 225.73 acres was developed by city staff along with the Downtown Task Force and the Economic Development Partnership Board. New private development and redevelopment expected to occur as a result of public improvements funded by the TIF will increase downtown property values and tax income as well as bolster business personal property value and its related tax income for all taxing jurisdictions. TIF has been used in many other cities and is a proven method to stimulate private development and redevelopment growth sooner, rather than later, and in many cases will stimulate growth in value which might never occur without public improvements funded by the TIF. 5 FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY SECTION III: TAX INCREMENT ANALYSIS This section documents the detailed analysis and inputs used to generate the tax increment revenue estimates. Tax Increment Financing involves: ■ Designating an eligible redevelopment area as a Tax Increment Financing Reinvestment Zone; ■ Soliciting participation of other taxing jurisdictions; ■ Setting the assessment base at the level of the most recent assessment; and ■ Placing tax revenues generated by the increase in assessed value in a tax increment fund for funding public improvements. Thus, future tax increment revenues depend on four elements: ■ The timing and added value of new development; ■ Appreciation of existing land and improvements; ■ The loss of value from any existing improvements demolished to make way for new development; and ■ Future tax rates and the percentage of participation of each taxing jurisdiction. Assessment policies typically set building assessments at 100 percent of fair market value, which are generally comparable to constriction costs for new constriction. Assessed values are established as of January 1 of the tax year. Thus, development in 2010 goes on the tax rolls for the Tax Year 2011. In this analysis, to be conservative, no increase in value on redevelopment or new development after completion has been included. In addition, after the initial five years, only a portion of the taxes from increases in real property values for the City of Denton are directed to the TIF Fund. Taxes from the remaining portion on real property values and 100% of all taxes from increases in business personal property values will flow to the City. All taxes from increases in real property and business personal property values will flow to the other taxing jurisdictions. Sales tax income generated from both existing retail and new retail will continue to flow to the City of Denton. The total year 2009 taxable value of the property within the TIF boundary is estimated to be $76.4 million. 6 FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY For the purposes of this tax increment analysis, the initial tax base for the Tax Increment Fund is assumed to be $76.4 million. This value with be revised to certified 2010 values. Taxes on the amount of base tax value will continue to flow to all taxing jurisdictions during the 30-year life of the TIF. The increase in value as a result of development and redevelopment within the TIF boundary is expected to be created in three different categories: 1. the general increase in values over time through normal Appraisal District revaluations and overall inflation; 2. the new values created by completion of the catalyst projects identified in the Downtown Redevelopment Implementation Plan; and 3. other general development and redevelopment expected to occur within the TIF boundary. Each of these will be discussed in more detail in the following sections. General Increase General value increases are based on the City of Denton forecast through 2014. The average increase through 2014 is 2.2% per year. To be somewhat conservative, beyond 2014 an average annual increase of 2% per year was used. This annual increase still generated an increase in value within the TIF from $73.2 million to $131.1 million, an increase of $57.9 million (see Table 1 attached). Catalyst Projects As mentioned previously, the city of Denton commissioned the team of Leland Consulting Group and RTKL Associates, Inc. to provide a Downtown Redevelopment Implementation Plan. This team evaluated five potential catalyst projects (see Exhibit 1) which would-- Address underserved market niches in Denton, • Promote density and increase in "rooftops", • Provide direction for targeting and leveraging public investment, • Advance market-tested vision over near- and long-term, and • Create a physically and economically sustainable plan. 7 FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY These catalyst projects would focus on-- • Strengthening the core, • Transit, • Infill development, • Connecting the Civic Center to downtown, and • Gateways into downtown. For this analysis, the project values developed by the team for each catalyst project except catalyst project A were used. Project A value was developed based on more recent input from City Staff. Each project is projected to develop over the time periods shown below. The location of each project is shown in Exhibits 11, III, IV, V, and VI, and a summary is shown below. Area Description Value, $M Development Time Period A Mixed-use Residential/Retail/Transit 55 2012-2028 B Mixed-use Residential/Retail 14 2017-2029 C Residential Infill 16 2020-2034 D Mixed-use Office/Residential 27 2022-2038 E Residential Infill 13 2017-2027 The value created over the life of the TIF by these five catalyst projects is shown in Table 2 attached. Other Development/Redevelopment New development and redevelopment value increases during the past few years within the downtown area have averaged about $1.7 million per year. With the stimulus provided by the catalyst projects and with the potential aid of TIF funds, this analysis assumed that a higher level of development and redevelopment within the TIF are would occur as shown below. 8 FINANCE PLAN: EXHIBIT D Feasibility Analysis Development Annual Value Time Period Increase, $M 2010 2011 3.0 2012-2014 1.5 2015-2019 2.0 2020-2024 2.5 2025-2029 3.0 2030-2034 3.5 2035-2039 4.0 PRELIMINARY The value created over the life of the TIF by general development/redevelopment is shown in Table 3 attached. The forecast of increased value created within the TIF boundary during the next 30 years from these three categories is shown in Table 4 attached. Income to the TIF Fund based on the values shown in Table 4 and the City of Denton tax rate assumptions shown below is detailed in Table 5 attached. Jurisdiction Years 2009 Tax Rate % of $/$100 Value Tax Rate City of Denton 1-5 0.666520 100 6-10 0.633194 95 11-20 0.599868 90 21-30 0.566542 85 The attached Table 5 also shows income which flows to the general fund of the City from the remaining tax rate not applied to the TIF. Business Personal Property tax income will also be generated from increased values within the TIF. Business Personal Property & Inventory (BPP) values for the 2010 in the City of Denton was 40.8% of real property values and the current valuation in the TIF District is 54%. For this 9 FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY analysis, a conservative forecast of BPP tax income to the City in the TIF District is based on BPP values being only 40% of real property values initially, declining annually to 30% by 2021 and remaining at 30% thereafter using 100% of the tax rate. This income from BPP is shown in Table 6 attached. Attached Table 7 shows a forecast of total income to the City during the 30 year life of the TIF. This income is generated from the non-TIF portion of the real property tax rate and BPP income, both from new values generated within the TIF and also from real property and BPP base values. A summary of income to the TIF and the City General Fund over the 30-year life of the TIF is shown below. Jurisdiction TIF Fund, $K CITY Income, $K City of Denton 23,610 89,334 The public infrastructure projects planned to stimulate the higher values created by the TIF are shown in Project Plan Exhibit D. 10 FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY SECTION IV.• TABLES 11 FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY TABLE 1 CITY OF DENTON TAX INCREMENT FINANCING REINVESTMENT ZONE NO. I GENERAL VALUE INCREASE, $M YEAR VALUE BASE VALUE VALUE INCREASE 2010 73.2 73.2 - 2011 71.7 73.2 (1.5) 2012 73.9 73.2 0.7 2013 76.9 73.2 3.7 2014 79.9 73.2 6.7 2015 81.5 73.2 8.3 2016 83.1 73.2 9.9 2017 84.8 73.2 11.6 2018 86.5 73.2 13.3 2019 88.2 73.2 15.0 2020 90.0 73.2 16.8 2021 91.8 73.2 18.6 2022 93.6 73.2 20.4 2023 95.5 73.2 22.3 2024 97.4 73.2 24.2 2025 99.3 73.2 26.1 2026 101.3 73.2 28.1 2027 103.4 73.2 30.2 2028 105.4 73.2 32.2 2029 107.5 73.2 34.3 2030 109.7 73.2 36.5 2031 111.9 73.2 38.7 2032 114.1 73.2 40.9 2033 116.4 73.2 43.2 2034 118.7 73.2 45.5 2035 121.1 73.2 47.9 2036 123.5 73.2 50.3 2037 126.0 73.2 52.8 2038 128.5 73.2 55.3 2039 131.1 73.2 57.9 TOTAL 131.1 73.2 57.9 *Increases based on City of Denton forecast through 2014. Beyond 2014 assumed average of 2% / year increase. 12 FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY TABLE 2 CITY OF DENTON TAX INCREMENT FINANCING REINVESTMENT ZONE NO. I CATALYST PROJECT VALUE INCREASE, $M YEAR A B C D E TOTAL CUM.TOTAL 2010 - - - - - - - 2011 - - - - - - - 2012 10.0 - - - - 10.0 10.0 2013 - - - - - - 10.0 2014 10.0 - - - - 10.0 20.0 2015 - - - - - - 20.0 2016 15.0 - - - - 15.0 35.0 2017 - 2.0 - - 2.0 4.0 39.0 2018 - - - - - - 39.0 2019 5.0 2.0 - - 2.0 9.0 48.0 2020 - - 2.0 - - 2.0 50.0 2021 - 2.0 - - 2.0 4.0 54.0 2022 5.0 - 2.0 3.0 - 10.0 64.0 2023 - 2.0 - - 2.0 4.0 68.0 2024 - - 2.0 3.0 - 5.0 73.0 2025 5.0 2.0 - - 2.0 9.0 82.0 2026 - - 2.0 3.0 - 5.0 87.0 2027 - 2.0 - - 3.0 5.0 92.0 2028 5.0 - 2.0 3.0 - 10.0 102.0 2029 - 2.0 - - - 2.0 104.0 2030 - - 2.0 3.0 - 5.0 109.0 2031 - - - - - - 109.0 2032 - - 2.0 3.0 - 5.0 114.0 2033 - - - - - - 114.0 2034 - - 2.0 3.0 - 5.0 119.0 2035 - - - - - - 119.0 2036 - - - 3.0 - 3.0 122.0 2037 - - - - - - 122.0 2038 - - - 3.0 - 3.0 125.0 2039 - - - - - - 125.0 TOTAL 55.0 14.0 16.0 27.0 13.0 125.0 125.0 13 FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY TABLE 3 CITY OF DENTON TAX INCREMENT FINANCING REINVESTMENT ZONE NO. I OTHER DEVELOPMENT/REDEVELOPMENT VALUE INCREASE, $M YEAR VALUE CUM. VALUE 2010 - - 2011 3.0 3.0 2012 1.5 4.5 2013 1.5 6.0 2014 1.5 7.5 2015 2.0 9.5 2016 2.0 11.5 2017 2.0 13.5 2018 2.0 15.5 2019 2.0 17.5 2020 2.5 20.0 2021 2.5 22.5 2022 2.5 25.0 2023 2.5 27.5 2024 2.5 30.0 2025 3.0 33.0 2026 3.0 36.0 2027 3.0 39.0 2028 3.0 42.0 2029 3.0 45.0 2030 3.5 48.5 2031 3.5 52.0 2032 3.5 55.5 2033 3.5 59.0 2034 3.5 62.5 2035 4.0 66.5 2036 4.0 70.5 2037 4.0 74.5 2038 4.0 78.5 2039 4.0 82.5 TOTAL 82.5 82.5 14 FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY TABLE 4 CITY OF DENTON TAX INCREMENT FINANCING REINVESTMENT ZONE NO. I CUMULATIVE TOTAL VALUE INCREASE, $M YEAR GENERAL CATALYST OTHER TOTAL 2010 - - - - 2011 (1.5) - 3.0 1.5 2012 0.7 10.0 4.5 15.2 2013 3.7 10.0 6.0 19.7 2014 6.7 20.0 7.5 34.2 2015 8.3 20.0 9.5 37.8 2016 9.9 35.0 11.5 56.4 2017 11.6 39.0 13.5 64.1 2018 13.3 39.0 15.5 67.8 2019 15.0 48.0 17.5 80.5 2020 16.8 50.0 20.0 86.8 2021 18.6 54.0 22.5 95.1 2022 20.4 64.0 25.0 109.4 2023 22.3 68.0 27.5 117.8 2024 24.2 73.0 30.0 127.2 2025 26.1 82.0 33.0 141.1 2026 28.1 87.0 36.0 151.1 2027 30.2 92.0 39.0 161.2 2028 32.2 102.0 42.0 176.2 2029 34.3 104.0 45.0 183.3 2030 36.5 109.0 48.5 194.0 2031 38.7 109.0 52.0 199.7 2032 40.9 114.0 55.5 210.4 2033 43.2 114.0 59.0 216.2 2034 45.5 119.0 62.5 227.0 2035 47.9 119.0 66.5 233.4 2036 50.3 122.0 70.5 242.8 2037 52.8 122.0 74.5 249.3 2038 55.3 125.0 78.5 258.8 2039 57.9 125.0 82.5 265.4 TOTAL 57.9 125.0 82.5 265.4 15 FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY TABLE 5 CITY OF DENTON TAX INCREMENT FINANCING REINVESTMENT ZONE NO. I CITY YEAR TOTAL REAL PROPERTY VALUE INCREASE, $M CONTRIBUTION TO TIF, $K* INCOME TO CITY, $K 2010 - - - 2011 1.5 - - 2012 15.2 10 - 2013 19.7 101 - 2014 34.2 131 - 2015 37.8 228 - 2016 56.4 251 1 2017 64.1 374 2 2018 67.8 425 2 2019 80.5 450 2 2020 86.8 534 3 2021 95.1 521 58 2022 109.4 570 63 2023 117.8 656 73 2024 127.2 707 79 2025 141.1 763 85 2026 151.1 846 94 2027 161.2 906 101 2028 176.2 967 107 2029 183.3 1,057 117 2030 194.0 1,100 122 2031 199.7 1,099 194 2032 210.4 1,131 200 2033 216.2 1,192 210 2034 227.0 1,225 216 2035 233.4 1,286 227 2036 242.8 1 322 233 2037 249.3 1,376 243 2038 258.8 1,412 249 2039 265.4 1,466 259 2040 - 1,504 265 TOTAL 265.4 23,610 3,205 * Based on 2009 tax rate of: Years 1 - 5 $0.66652 / $100 valuation (100%) Years 6 - 10 $0.663194 / $100 valuation (95%) Years 11 - 20 $0.599868 / $100 valuation (90%) Years 21 - 30 $0.566542 / $100 valuation (85%) 16 FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY TABLE 6 CITY OF DENTON TAX INCREMENT FINANCING REINVESTMENT ZONE NO. I CITY YEAR TOTAL REAL PROPERTY VALUE INCREASE, $M BUSINESS PERSONAL PROPERTY INCOME TO CITY, $K** % VALUE INCREASE, $M 2010 - - - - 2011 1.5 40 0.6 - 2012 15.2 39 5.9 4 2013 19.7 38 7.5 39 2014 34.2 37 12.7 50 2015 37.8 36 13.6 85 2016 56.4 35 19.7 91 2017 64.1 34 21.8 131 2018 67.8 33 22.4 145 2019 80.5 32 25.8 149 2020 86.8 31 26.9 172 2021 95.1 30 28.5 179 2022 109.4 30 32.8 190 2023 117.8 30 35.3 219 2024 127.2 30 38.2 235 2025 141.1 30 42.3 255 2026 151.1 30 45.3 282 2027 161.2 30 48.4 302 2028 176.2 30 52.9 323 2029 183.3 30 55.0 353 2030 194.0 30 58.2 367 2031 199.7 30 59.9 388 2032 210.4 30 63.1 399 2033 216.2 30 64.9 421 2034 227.0 30 68.1 433 2035 233.4 30 70.0 454 2036 242.8 30 72.8 467 2037 249.3 30 74.8 485 2038 258.8 30 77.6 499 2039 265.4 30 79.6 517 2040 - - - 531 TOTAL 265.4 30 79.6 8,165 *Estimated Business Personal Property & Inventory value for 2010 is $29.9 million. 40.8% of real property value. To be conservative this percentage was reduced to 300 o over the next I I vears. This value was used for the remainder of the TIF life. **Based on tax rate of $0.66652 ' $100 valuation applied to business personal property & inventory value increases. 17 FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY TABLE 7 CITY OF DENTON TAX INCREMENT FINANCING REINVESTMENT ZONE NO. I CITY YEAR INCOME FROM REAL PROPERTY TAX, $K INCOME FROM BUSINESS PERSONAL PROPERTY TAX, $K SUBTOTAL INCOME FROM NEW VALUES, $K INCOME TO CITY FROM BASE REAL AND BPP VALUES, $K* TOTAL INCOME TO CITY, $K 2010 - - - 687 687 2011 - - - 687 687 2012 - 4 4 687 691 2013 - 39 39 687 726 2014 - 50 50 687 737 2015 - 85 85 687 772 2016 1 91 92 687 779 2017 2 131 133 687 820 2018 2 145 147 687 834 2019 2 149 151 687 838 2020 3 172 175 687 862 2021 58 179 237 687 924 2022 63 190 253 687 940 2023 73 219 292 687 979 2024 79 235 314 687 1,001 2025 85 255 340 687 1,027 2026 94 282 376 687 1,063 2027 101 302 403 687 1,090 2028 107 323 430 687 1,117 2029 117 353 470 687 1,157 2030 122 367 489 687 1,176 2031 194 388 582 687 1,269 2032 200 399 599 687 1,286 2033 210 421 631 687 1,318 2034 216 433 649 687 1,336 2035 227 454 681 687 1,368 2036 233 467 700 687 1,387 2037 243 485 728 687 1,415 2038 249 499 748 687 1,435 2039 259 517 776 687 1,463 2040 265 531 796 687 1,483 TOTAL 3,205 8,165 11,370 21,297 32,667 * Based on preliminary 2010 real property value and business personal property & inventory value. 18 FINANCE PLAN: EXHIBIT D Feasibility Analysis PRELIMINARY SECTION V.• EXHIBITS 19 III------111 C~j C~j w Q H I~ W U w ' (11 , Q h i-+ 0) (n Q u v Q iv tl) [l) 0 I 1 j r I D r i ~ .w - l I 1 I t I r i I I I 1 I I I 17, r I 0 N 21, C~j C~j a~ w Q H W W a W v w H F~ tl] I (TJ ~ ~ [11 ~ ~ ~ (I7 r kc n m All, TT) loot, i _ r r~R t N W a CA 21, C~j C~j w Q H W W a W v w H F~ W C7 tiRl Ql ~ iB j D ti3 CTS (13 LL- n m O-. co N N F~ CA 21, C~j C~j N w Q H W W a W v w H F~ W tli N-= ~ (D 0 tC3 Ul ~ ~ ~ ~ v- (J7 '`y fn 0 -a Uj lJ - _ u SJ ~ M N H F~ W M - t17 Q ~ ~ ~ [U ~ ~ ~ ~7 to [L~ ~ ~ ~ ~ ) - = uJ C~j C~j w Q H W W a W v w f- : t iE k ~,If ITT W M 1 J, N 21, CIJ CIJ I--I H~ I~ P-I wl U ~Z Fes' w H F~ ~ I s, I 1 , 7 cn I u~ Q ~ I Cl~ Q n O U M , 1. Q1 ~ ~ U , l _ I 11 ~ rte" ;,a J ~ 1 YS I I. s•yl niHw~wnt n+ ~ nww~r ~ t 1 1 - . . t f a I r i CA E v`~ k f f i 5`'f I , l l „w Y ' v ' I~ r• I ~ M~IN•N`•W+ ~ ,Wra I a ~ i r I pg P 3 1 N AGENDA INFORMATION SHEET AGENDA DATE: October 19, 2010 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Karen Smith 349-7144 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of tricking services for various City of Denton departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4453-Annual Contract for Tricking Services awarded to the lowest responsible bidder meeting specification, Jagoe-Public Company in the annual estimated amount of $200,000). BID INFORMATION This bid is for annual tricking services as needed by the City of Denton. The contract is for a set hourly rate for 12-yard to 14-yard tandem dump tricks and 20-yard tandem trailers. This contract will be used to supplement our fleet in the hauling of spoil materials, gravel, concrete, asphalt, and other materials as needed. This bid was originally awarded in the annual estimated amount of $80,000 on January 4, 2010. During the past eight months, it has been determined that there is a higher demand for this service than originally anticipated and that the annual estimated amount needs to be increased. PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISSIONS) This bid was awarded to Jagoe-Public in the estimated amount of $80,000 on January 4, 2010 by the City Manager. The City Manager is authorized to approve bid awards up to $100,000, RECOMMENDATION Award to Jagoe-Public Company in the annual estimated amount of $200,000. PRINCIPAL PLACE OF BUSINESS Jagoe-Public Company Denton, TX ESTIMATED SCHEDULE OF PROJECT This is an annual bid that can be renewed for additional one-year periods with all terms, conditions and pricing remaining the same. Agenda Information Sheet October 19, 2010 Page 2 FISCAL INFORMATION Several City departments will utilize this bid on an as needed basis and the cost will be charged to the appropriate account at that time. EXHIBITS Exhibit 1: Bid Tabulation Respectfully submitted: Antonio Puente, 349-7283 Assistant Director of Finance I-.CIS-Bid 4451 E-~ x W W W z W O O O ~ N V N ~ N o M ~ U A ~ A A-i ° o ~ ~ A W ~ ~v A A 61 S s. U 1 CA cd C) O 0 O C~j CA _ z C~j CG 609, 609, x x x C~j O o z o o ~ O Q Z 609, Q x ~ x z w U o z 00 609, ~ ~ Q o U U Q~ ~ O x C~j C~ C C~j CA O U 0 O N CA ~O O C j A C~j C~j C~j C a zs z C~j ~ a o x x I~ W O N N N W N ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF TRUCKING SERVICES FOR VARIOUS CITY OF DENTON DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4453-ANNUAL CONTRACT FOR TRUCKING SERVICES AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, JAGOE-PUBLIC COMPANY IN THE ANNUAL ESTIMATED AMOUNT OF $200,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of fluids to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID VENDOR AMOUNT 4453 Jagoe-Public Company Exhibit A SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder{s} wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 41A t L~-t 3-ORD-BID 4451 EXHIBIT A BID # 4453 DATE: December 22, 2009 ANNUAL CONTRACT FOR TRUCKING SERVICES ITEM UOM DESCRIPTION VENDOR Jagoe Public Company Principle Place of Business: Denton, TX ITEMIZED PRICING: Price per hour to haul spoil materials, HMAC, concrete, gravel & other materials as required, for different operations throughout nenod- the contract Per hour, Per Tandem Truck-Minimum 14 Yard 1 Per Ho dump $44.00 2 Per Hour Perr our, Per Tandem Trailer - 20 plus yard end $78,00 P p Shipment i Day Bidder is an authorized distributor, by the manufacturer, and is authorized to sell to the City of YES Denton? Yes No NIA EXHIBIT A BID # 4453 DATE: December 22, 2009 ANNUAL CONTRACT FOR TRUCKING SERVICES ITEM UOM DESCRIPTION VENDOR Jagoe Public Company Principle Place of Business: Denton, TX ITEMIZED PRICING: Price per hour to haul spoil materials, HMAC, concrete, gravel & other materials as required, for different operations throughout the contract 1 Per How Per hour, Per Tandem Trick-Minimum 14 Yard $44.00 dump 2 Per How Per hour, Per Tandem Trailer - 20 plus yard end dump $78.00 Shipment 1 Day Bidder is an authorized distributor, by the manufacturer, and is authorized to sell to the City of YES Denton? Yes No N/A This page left blank intentionally . AGENDA INFORMATION SHEET AGENDA DATE: October 19, 2010 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Tony Puente 349-7283 ACM: Jon Fortune k SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for the rental of heavy equipment for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4582-Annual Contract for Rental of Heavy Equipment awarded to the lowest responsible bidder meeting specification for each item in the annual estimated amount of $750,000). BID INFORMATION This bid is for the annual contract to supply the rental of heavy equipment to all City departments. From time to time, the City of Denton has a need for heavy equipment to supplement our fleet. This annual agreement will allow us quick access to expensive equipment without the delay of the bid process. In addition, the annual agreement for multiple items lends itself to more competitive pricing than incidental usage. No guarantee of any minimal usage is part of this agreement and each rental will have an individual purchase order. The equipment list consists of the most commonly used sizes and types of heavy equipment. RECOMMENDATION We recommend award of this bid to the lowest responsible bidder meeting specification for each item as listed on Exhibit A of the Ordinance for an estimated annual amount of $750,000. The award for each item will be based upon monthly rate plus delivery and pickup rate. No bids were received for items 5, 33, 41, 44, 60, and 61; therefore they will not be awarded. On Items 9, 19, 26, 26a, 31, 43, 62, 65, 68, 70, and 72 the low bidder did not meet specification, so the item was awarded to the next lowest bidder. PRINCIPAL PLACE OF BUSINESS Ahearn Rentals B&R Equipment Co. Bane Machinery Las Vegas, NE Fort Worth, TX Fort Worth, TX Hertz Equipment Rental Corp. Howard McAnear Equipment Hi-Way Equipment Fort Worth, TX Fort Worth, TX Euless, TX Agenda Information Sheet October 19, 2010 Page 2 PRINCIPAL PLACE OF BUSINESS (CONTINUED) Landmark Equipment Kirby-Smith Machinery Irving, TX Dallas, TX Romco Equipment Co. Dallas, TX Pioneer Equipment Rental Rental One Denton, TX Denton, TX United Rentals T-K-O Equipment Co Denton, TX Irving, TX ESTIMATED SCHEDULE OF PROJECT United Rentals/Heavy Equipment Fort Worth Xtreme Iron Frisco, TX This price agreement will be in effect for a period of one year from the date of award and may be extended for additional one-year periods if agreed to by both parties with all pricing, terms and conditions remaining the same. FISCAL INFORMATION These items will be charged to the using departments as needed. 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O ~ Z Z Z Z Z Z Z Z Z Z Z Z W V ~ O a ~ O O O O O O O O O O O O Q w i. O i. y C Irv H O ~ ~ >C p O H 0 0 O~ O O O --i p C O O p O O p Q O O O a a. C ~O P O H H O b9 N O Cf? ~ U N N 1 N 11 N CC C". 11 11 V] N N N N U ~ O O. O O. O O. O O. • C z ~ ~ ~ ~ N ~ N ~ O V ct N U N U N U N U U ~ ~ 72 ~/1 o Q o Q o Q 72 o Q o W s. ~ > • I~ W O z ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE RENTAL OF HEAVY EQUIPMENT FOR VARIOUS CITY DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4582-ANNUAL CONTRACT FOR RENTAL OF HEAVY EQUIPMENT AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION FOR EACH ITEM IN THE ANNUAL ESTIMATED AMOUNT OF $750,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: ITEM NUMBER 21 28 16, 19, 23, 24, 26, 27, 37, 42, 43, 50 9, 10, 11, 13, 17, 18, 27a, 29, 30 31, 46, 47, 48, 49, 52, 53, 62, 63, 67, 69, 71 73 8, 26a, 56 39 20, 64, 65, 66 72 12 22, 57, 58, 59 2, 3, 4, 14, 25, 32, 34, 35, 36, 3 38,40,45 68,70 51 1, 6, 7, 15, 54, 55 VENDOR Ahearn Rentals Bane Machinery B&R Equipment Co. Hertz Equipment Rental Hi-Way Equipment Kirby-Smith Machinery Howard-McAnear Equipment Landmark Equipment, Inc. Pioneer Equipment Rental One Romco Equipment Co. T-K-O Equipment Co. AMOUNT Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A United Rentals/Denton Exhibit A United Rentals/Fort Worth Exhibit A Xtreme Iron Exhibit A SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 12010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 3-ORD-BID 482 Q m_ w ONO A ~I M Iti A O ~ x ~V W W ~ x~WU ° w o cl on ~x >z l o ~ x o W a w C eC O a~ aWU ° w o x ~ ~ H I/ a W i. 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O O. • C O V ct N U N U N U N U U ~ ~ a ...i y y _y _y U v o o ~/1 o Q ~ o Q ~ o Q ~ o Q o w ~ s. ~ O N M U Z U I~ W O AGENDA INFORMATION SHEET AGENDA DATE: October 19, 2010 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Phil Williams 349-8487 ACM: Jon Fortune G SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for electrical energy transmission fees to those cities and utilities providing energy transmission services to the City of Denton; and providing an effective date (File 4596-2010-11 Electrical Energy Transmission Fees in the total amount of $1,403,633.03). (The Public Utilities Board approved this item by a vote 6-0). FILE INFORMATION The Public Utility Regulatory Act of 1995 (PURA 95) required the development of a new, statewide mechanism for electric transmission service in Texas. PURA 95 also placed municipal utilities under the jurisdiction of the Public Utility Commission of Texas (PUCT) for matters related to transmission. As a result, the Denton Municipal Electric Utility has been ordered by the PUCT to pay various other electric utilities in the State specific amounts. The subject requisitions listed in the Fiscal Impact section of this document provide the City of Denton the authority required by the City Charter to make those payments. These requisitions will encumber funds estimated as costs for services through September 2011. No funds will actually be spent until invoices are received, reviewed, and approved. PRIOR ACTIONNIEW COUNCIL, BOARD, COMMISSIONS) The Public Utilities Board approved this item at its October 11, 2010, meeting. RECOMMENDATION Approve the payment of transmission fees to American Electric Power (AEP) in the amount of $205,56930, Electric Transmission Texas (ETT) in the amount of $200,128.96, Texas Municipal Power Agency (TMPA) in the amount of $112,585.46 and Lower Colorado River Authority (LCRA) in the amount of $885,349.31 for a total of $1,403,633.03 in energy transmission fees. PRINCIPAL PLACE OF BUSINESS American Electric Power (AEP) Electric Transmission Texas (ETT) Canton, OH Canton, OH Agenda Information Sheet October 19, 2010 Page 2 PRINCIPAL PLACE OF BUSINESS (CONTINUED) Lower Colorado River Authority (LCRA) Texas Municipal Power Agency (TMPA) Austin, TX Bryan, TX ESTIMATED SCHEDULE OF PROJECT These fees are estimated for electric transmission services through September 2011. FISCAL INFORMATION Funds to meet these regulatory fee obligations were budgeted in 2010-2011 budget account 600100.6072.5650A. Requisitions have been entered for the listed agencies and dollar amounts: Requisition# Agency Amount 100173 American Electric Power $205,56930 100178 Electric Transmission Texas $200,128.96 100181 Lower Colorado River Authority $885,349.31 100184 Texas Municipal Power Agency $112,585.46 Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance I AIS-File 4596 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY TRANSMISSION FEES TO THOSE CITIES AND UTILITIES PROVIDING ENERGY TRANSMISSION SERVICES TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 4596-2010-11 ELECTRICAL ENERGY TRANSMISSION FEES IN THE TOTAL AMOUNT OF $1,403,633.03). WHEREAS, in order to comply with the legislative requirements contained in the Utility Regulatory Act of 1995, for the payment for energy transmission services fees, the City of Denton is required to pay such fees imposed by the Public Utilities Commission of Texas to the four listed utilities set forth in Exhibit "A"; and WHEREAS, the City Manager has reviewed and recommended that the City Council approve and authorize the payment of such fees; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The expenditure of funds in the amount of $1,406,633.03 to be paid to the Listed Utilities in the specified amount shown on Exhibit "A", which is attached hereto and made a part of this ordinance for all purposes, is hereby authorized. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: LA \-,-L 1-~" 3-ORD-FILE 4596 EXHIBIT "A" American Electric Power $205,569.30 Electric Transmission Texas $200,128.96 Lower Colorado River Authority $885,349.31 Texas Municipal Power Agency $112.585.46 Total $1,403,633.03 DRAFT MINUTES PUBLIC UTILITIES BOARD October 11, 2010 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on Monday, October 11, 2010 at 9:04 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton. Present: Vice Chair Bill Cheek, John Baines, Bill Grubbs, Phil Gallivan, Randy Robinson and Barbara Russell Ex Officio Member: Howard Martin, ACM Utilities Absent: Chair Dick Smith, excused Ex Officio Member George Campbell, City Manager OPEN MEETING: CONSENT AGENDA: The Public Utilities Board has received background information, staff's recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. 1) Consider recommending adoption of an Ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for electrical energy transmission fees to American Electric Power (AEP), Brazos Electric Power Coop (BEPC), Electric Transmission Texas (ETT), Lower Colorado River Authority (LCRA), South Texas & Medina Electric Coop (STEC), Texas Municipal Power Agency (TMPA), and TXU/Oncor (ONC) for providing energy transmission services to the City of Denton; and providing an effective date (File 4596-2010-11 AEP-$205,56930 / BEPC-$77,711.60 / ETT-$200,128.96 / LCRA-$885,349.31 / STEC-$61,773.11 / TMPA-$112,585.46 / ONC-$55,057.87 - Total Amount of $1,598,175.61). Board Member Russell moved to approve item I with a second from Board Member Baines. The motion was approved by a 6-0 vote. Adj ournment was at 10:04am This page left blank intentionally . AGENDA INFORMATION SHEET AGENDA DATE: October 19, 2010 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Bob Tickner 349-8275 ACM: Jon Fortune O b SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement with Lockwood, Andrews & Newman, Inc. for engineering design and constriction phase services in connection with the Loop 288 Pedestrian Bridge Project; authorizing the expenditure of funds therefor; and providing an effective date (File 4585 in an amount not to exceed $134,067). FILE INFORMATION This professional services agreement is for the design and specifications for the constriction of a Pedestrian and Bicycle Bridge over Loop 288 as part of the Denton Branch Rail Trail project. Lockwood, Andrews & Newman, Inc. (LAN) currently is providing engineering services and project management for Denton County Transportation Authority on the constriction of the DCTA rail commuter line and the new Denton Branch Rail Trail constriction project. The selection of Lockwood, Andrews & Newman was based on the knowledge and experience they bring to the project since they already have the environmental knowledge, plans, soils reports, etc. from the design and installation of the adjacent rail bridge currently under constriction. RECOMMENDATION Award a Professional Services Agreement to Lockwood, Andrews & Newman, Inc. in an amount not to exceed $134,067. PRINCIPAL PLACE OF BUSINESS Lockwood, Andrews & Newman, Inc. Dallas, TX ESTIMATED SCHEDULE OF PROJECT Project design is estimated to begin November 2010 with installation of the bridge and completion of the project by December 2011. Agenda Information Sheet October 19, 2010 Page 2 FISCAL INFORMATION This project will be funded from account 40008844.1360.40100. Requisition 100371 has been entered in the Purchasing software system. Respectfully submitted: 1 Antonio Puente, Jr., 349-7283 Assistant Director of Finance I -.CIS-File 4 5 8 5 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH LOCKWOOD, ANDREWS & NEWMAN, INC. FOR ENGINEERING DESIGN AND CONSTRUCTION PHASE SERVICES IN CONNECTION WITH THE LOOP 288 PEDESTRIAN BRIDGE PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 4585 IN AN AMOUNT NOT TO EXCEED $134,067) WHEREAS, The professional services provider (the "Provider) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, The fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to enter into a professional service contract, and to expend funds as required by the contract, with Lockwood, Andrews & Newman, Inc., to provide professional engineering design and related services for the Loop 288 Pedestrian Bridge Project, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY f BY: I -t L < < 2-ORD-File 4585 ATTACHMENT A PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER THIS AGREEMENT is made and entered into as of the day of , 20 , by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "Owner" and Lockwood, Andrews & Newnam, Inc. with its corporate office at 2925 Briarpark Drive, Suite 400, Houston, Texas 77042 hereinafter called "Design Professional," acting herein, by and through their duly authorized representatives. In consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: SECTION 1 EMPLOYMENT OF DESIGN PROFESSIONAL The Owner hereby contracts with the Design Professional, a licensed Texas architect or engineer, as an independent contractor. The Design Professional hereby agrees to perform the services as described herein and in the Proposal, the General Conditions, and other attachments to this Agreement that are referenced in Section 3, in connection with the Project. The Project shall include, without limitation, (describe the Project in the space below or in an attachment) Design, engineering and specifications for a pedestrian bridge on the Denton Branch Rail Trail crossing over Loop 288 near mile marker 724. Page 1 N:1_2010 Proposals and PresentationslPedestrian Bridge- City Denton 15P-10179-000\ContractslDenton Professional Services Agreement Architect Engineer LAN hie Rail Trail bridge Loop 288 9-28-10.doc SECTION 2 COMPENSATION The Owner shall compensate the Design Professional as follows: 2.1 BASIC SERVICES 2.1.1 For Basic Services the total compensation shall be $127,670.00; Basic Design Services $109,693.00 and Construction phase services of $17,977.00. 2.1.2 Progress payments for Basic Services shall be paid in the following percentages for of the total compensation for the Basic Services satisfactorily completed at the end of the following phases of the Project: Schematic Design Phase 4.0% Design and Development Phase 15.0% Construction Documents Phase 68.0% Bidding Phase 4.0% Construction Phase 9.0% 2.2 ADDITIONAL SERVICES 2.2.1 Compensation for Additional Services is as follows: Principals Associates Technical Staff Clerical Staff $198.60 per hour 181.73 per hour 108.75 per hour 46.59 per hour 2.2.2 Compensation for Additional Services of consultants, including additional structural, mechanical and electrical engineering services shall be based on a multiple of 1 times the amounts billed to the Design Professional for such additional services. 2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of 1 times the expenses incurred by the Design Professional, the Design Professional's employees and consultants in the interest of the Project as defined in the General Conditions but not to exceed a total of $6,397.00 without the prior written approval of the Owner. Page 2 N:1_2010 Proposals and Presentations\Pedestrian Bridge- City Denton 15P-10179-0001ContractslDenton Professional Services Agreement Architect Engineer LAN Inc Rail Trail bridge Loop 288 9-28-10.doc SECTION 3 ENTIRE AGREEMENT This Agreement includes this executed agreement and the following documents all of which are attached hereto and made a part hereof by reference as if fully set forth herein: 1. City of Denton General Conditions to Agreement for Architectural or Engineering Services. 2. The Design Professional's Proposal 3. Attachments Exhibits A through C. This Agreement is signed by the parties hereto effective as of the date first above written. CITY OF DENTON BY: ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA B((NRGESS, CITY ATTORNEY BY: t GEORGE C. CAMPBELL CITY MANAGER DESIGN FIRM: Lockwood, Andrews & Newnam, Inc. B Fnm's Offi epr entative WITNES BY: 0t*R7 pbe MICHELLE LANES ARCHIE nc Notary Public, State of Texas My Commission Expires too January 28, 2014 Page 3 N:1 2010 Proposals and PresentationslPedestrian Bridge- City Denton 15P-10179-0001ContractslDenton Professional Services Agreement Architect Engineer LAN Inc Rail Trail bridge Loop 288 9-28-10.doc CITY OF DENTON GENERAL CONDITIONS TO AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSIBH,fTIES 1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "Agreement") and proposal (the "Proposal") to which these General Conditions are attached) performed by the Architect or Engineer (hereinafter called the "Design Professional") or Design Professional's employees and consultants as enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the "Services"). 1.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely actions (the "Degree of Care'). The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of the ProjecL Upon request of the Owner, the Design Professional shall submit for the Owners approval a schedule for the performance of the Services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any adjustments to this schedule shall be mutually acceptable to both parties. ARTICLE 2 SCOPE OF BASIC SERVICES 11 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 2.2 through 2.6 of these General Conditions and include without limitation normal structural, civil, mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set of Construction Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain owner's needs and to establish the requirements for the Project. 2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Subsection 5.21. 2.2.3 The Design Professional shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations. 2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of time from the commencement to the completion of construction. 23 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Design Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fur and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design Professional represents that the Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project 2.3.2 The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described in Section 2.2.5. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any father adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Design Professional shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. 2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information, bidding or procurement forms, the Conditions of the contract, and the form of Agreement between the Owner and contractor. 2,4,3 The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. 2.4.4 The Design Professional shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 CONSTRUCTION CONTRACT PROCUREMENT 2S.1 The Design Professional, following the Owner's approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost, shall assist the Owner in procuring a construction contract for the Project through any procurement method that is legally applicable to the Project including without Page 4 N:1_2010 Proposals and PresentationslPedestrian Bridge- City Denton 15P-10179-000\Contracts\Denton Professional Services Agreement Architect Engineer LAN Inc Raft Trail bridge Loop 288 9-28-10.doc limitation, the competitive sealed bidding process. Although the Owner will consider the advice of the Design Professional, the award of the construction contract is in the sole discretion of the Owner. 25.2 If the construction contract amount for the Project exceeds the total construction cost of the Project as set forth in the approved Detailed Statement of Probable Construction Costs of the Project submitted by the Design Professional, then the Design Professional, at its sole cost and expense, will revise the Construction Documents as may be required by the Owner to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed the total construction cost set forth in the approved Detailed Statement of Probable Construction Costs. 2.6 CONSTRUCTION PHASE - ADAIMISI'RATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the. award of the Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the terms of Subsection 8.3.2. 2.61 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For design professionalss the administration shall also be in accordance with AIA. document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement as may be amended by the City of Denton special conditions, unless otherwise provided in the Agreement. For engineers the administration shall also be in accordance with the Standard Specifications for Public Works Construction by the North Central Texas Council of Governments, current as of the date of the Agreement, unless otherwise provided in the Agreement. 2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, modified or extended without written agreement of the Owner and Design Profiessional. 2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owner's direction from time to time during the correction, or warranty period described in the Contract for Construction. The Design Professional shall have authority to act on behalf of the Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument. 2.65 The Design Professional shall observe the construction site at least one time a week, while construction is in progress, and as reasonably necessary while construction is not in progress, to become familiar with the progress and quality of the work completed and to determine if the work is being performed in a manner indicating that the work when completed will be in accordance with the Contract Documents. Design Professional shall provide Owner a written report subsequent to each on-site visit. On the basis of on-site observations the Design Professional shall keep the Owner informed of the progress and quality of the work, and shall exercise the Degree of Care and diligence in discovering and promptly reporting to the Owner any observable defects or deficiencies in the work of Contractor or any subcontractors. The Design Professional represents that he will follow Degree of Care in performing all Services under the Agreement. The Design Professional shall promptly correct any defective designs or specifications famished by the Design Professional at no cost to the Owner. The Owner's approval, acceptance, use of or payment for all or any part of the Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the Owner's rights hereunder. 2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work. The Design Professional shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omis- sions. The Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through the Design Professional. Communications by and with the Design Professional's consultants shall be through the Design Professional. 2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Design Professional shall review and certify the amounts due the Contractor. 2.6.10 The Design Professional's certification for payment shall constitute a representation to the Owner, based on the Design Professional's observations at the site as provided in Subsection 2.6.5 and on the data comprising the Contractor's Application for Payment, that the work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to minor deviations from the Contract Documents cor- rectable prior to completion and to specific qualifications expressed by the Design Professional. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Design Professional has (1) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract Documents. Whenever the Design Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to require additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or.not such Work is fabricated, installed or completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authority shall give rise to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons perfomvng portions of the work. 2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractors submittals such as Shop Drawings, Product Data and Samples for the purpose of (1) determining compliance with applicable laws, statutes, ordinances and codes; and (2) deternrhring whether or not the work, when completed, will be in compliance with the requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no delay in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design Professionals professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of detemhing the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Design Professional's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Design Professional, of construction means, methods, techniques, sequences or procedures. The Design Professional's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional. certification of performance characteristics Page 5 N:1_2010 Proposals and PresentationsTedestirian Bridge- City Denton 15P-10179-0OO1ContractsWenton Professional Services Agreement Architect Engineer LAN Inc Rai] Trail bridge Loop 288 9-28-10.doc of materials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.6.13 The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Design Professional as provided in Subsections 3.1.1 and 3.33, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review written guarantees and related documents required by the Contract for Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the requirements of the Contract Documents. 2.6.15 The Design Professional shall interpret and provide recommendations on matters concerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Design Professional shall endeavor to secure faithful performance by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this Agreement and in the absence of negligence. 2.6.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and Contractor relating to the execution or progress of the work as provided in the Contract Documents. 2.6.18 The Design Professional (t) shall render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner for all damages caused by the defective designs the Design Professional prepares; and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any rights the Owner may have under the Agreement or diminish any of the Design Professional's obligations thereunder. 2.6.19 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during the Construction Phase. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond the Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional services until it receives written approval from the Owner to proceed. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Design. Professional shall have no obligation to provide those services. Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if they are not required due to the negligence or fault of Design Professional. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as agreed by the Owner and Design Professional. 33 CONTINGENT ADDITIONAL SERVICES 33.1 Malang material revisions in Drawings, Specifications or other documents when such revisions are: 1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such docurents, or 3. due to changes required as a result of the Owner's failure to render decision in a timely mariner. 33.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except for services required under Subsection 2.52. 333 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and Construction Change Directives. 33.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and famishing services required in connection with the replacement of such work. 335 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. Page 6 N:1 2010 Proposals and PresentationslPedestrian Bridge- City Denton 15P-10179-OOO1ContractslDenton Professional Services Agreement Architect Engineer LAN Inc Rail Trail bridge Loop 288 9-28-10.doc 3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work- 33.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto. 33.8 Providing services in addition to those required by Article 2 for preparing documents for alternate, separate or sequential bids or providing services in connection with bidding or construction prior to the completion of the Construction Documents Phase. 33.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.3.9. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing financial feasibility or other special studies. 3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.43 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4A Providing services relative to future facilities, systems and equipment. 3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.6 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.7 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 3A.8 Providing detailed quantity surveys or inventories of material, equipment and labor. 3A.9 Providing analyses of operating and maintenance costs. 3.4.10 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.12 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance and consultation during operation. 3.4.13 Providing interior design and similar services required for or in connection with the selection, procurement or installation of furniture, fumishings and related equipment. 3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment and expiration of the Warranty period of the Contract for Construction. 3.4.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. 3A.16 Providing any other services not otherwise included in this Agreement or not customarily famished in accordance with generally accepted architectural practice. 3.4.17 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during con- struction based on marked-up prints, drawings and other data furnished by the Contractor to the Design Professional. 3.4.18 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.4.18. ARTICLE 4 OWNER'S RESPONSIMLITIES 4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, including (1) the Owner's objectives, (2) schedule and design constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more speci- fically described in Subsection 2.2.1. 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 43 If requested by the Design Professional, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. Page 7 N:1_2010 Proposals and PresentationsTedestrian Bridge- City Denton 15P-I0179-000\Contracts\Denton Professional Services Agreement Architect Engineer LAN Inc Rail Trail bridge Loop 298 9-28-Miloc 4.4 The Owner shall designate a representative authorized to act on the Owners behalf with respect to the Project The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential progress of the Design Professional's services. 4.5 When applicable, the Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-0f--way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark. 4.6 Where applicable, the Owner shall famish the services of geotechnical engineers when such services are requested by the Design Professional. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and re- sistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services. 4.7 When not a part of the Additional Services, the Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be famished at the Owner's expense, and the Design Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional. 4.10 The Owner shall give prompt written notice to the Design Professional ifthe Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require knowledge or services beyond the scope of the Agreement. ARTICLE 5 CONSTRUCTION COST 5.1 CONSTRUCTION COST DEFINED 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Design Professional. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Design Professional, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for con- tingencies shall be included for market conditions at the time of bidding and for changes in the work during construction. 5.13 Construction Cost does not include the compensation of the Design Professional and Design Professional`s consultants, the costs of the land, rights-of-way, financing or other costs which are the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design Professional represent the Design Professional's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the famishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fined limit Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction- 5.2-3 if the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS 6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professional's service and shall become the property of the Owner upon termination or completion of the Agreement The Design Professional is entitled to retain copies of all such documents. Such documents are intended only be applicable to this Project, and Owner's use of such documents in 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 the Agreement in another project or for other purposes than are specified in the Agreement, the Design Professional is released from any and all liability relating to their use in that project Page S N:1 2010 Proposals and PresentationslPedestrian Bridge- City Denton 15P-10179-0001ContractslDenton Professional Services Agreement Architect Engineer LAN Inc Rail Trail bridge Loop 288 9-28-10.doc 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Design Professional's reserved rights. ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT 7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thirty (30) days prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease immediately upon Design Professional's receipt of such notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it satisfactorily performed prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon temmination of the Agreement and shall be promptly delivered to the Owner in a reasonably organized fomn. Should Owner subsequently contract with anew Design Professional for continuation of services on the Project, Design Professional shall cooperate in providing information. 7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to notice of such suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design Professional's services. 73 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written notice. 7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be considered substantial non- performance and cause for termination. 7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design Professional may, upon seven days written notice to the Owner, suspend performance of services under the Agreement. 7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily performed prior to termination. ARTICLE 8 PAYMENTS TO TBF DESIGN PROFESSIONAL 83 DIRECT PERSONNEL EXPENSE 8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 8.2 REIMBURSABLE EXPENSES 8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and Design Professional's employees and consultants in the interest of the Project, as identified in the following Clauses. 8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project. 8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings, Specifications and other documents. 8.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner. 8.2.1.5 Expense of computer-aided design and drafting equipment time when used in connection with the Project. 8.2.1.6 Other expenses that are approved in advance in writing by the Owner. 83 PAYMENTS ON ACCOUNT OF BASIC SERVICES 83.1 Payments for Basic Services shall be made monthly and, when applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Section 2 of the Agreement and the schedule of work. 83.2 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Section 2 of the Agreement. 8.33 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 2 of the Agreement based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. 8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days after the presentation to the Owner of the Design Professional's statement of services rendered or expenses incurred. Page 9 N:1_2010 Proposals and Presentations\Pedestrian Bridge- City Denton 15P-10179-0001ContractslDenton Professional Services Agreement Architect Engineer LAN Inc Rail Trail bridge Loop 288 9-28-IOAoc 8.5 PAYMENTS W1TIIIIELD No deductions shall be made from the Design Professional's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the work other than those for which the Design Professional is responsible. 8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or Owners authorized representative records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense for inspection and copying during regular business hours for three years after the date of the final Certificate of Payment, or until any litigation related to the Project is final, whichever date is later. ARTICLE 9 INDEMNITY 9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the Owner, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its officers, shareholders, agents, or employees in the performance of the Agreement. 9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an insurance company licensed or authorized to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: 10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $2,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $250,000 in the aggregate. 10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident 10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident including occupational disease. 10.4 Deleted 10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the time of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers' Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days' prior written notice to Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date of the change or cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of this Article 10. ARTICLE I I MISCELLANEOUS PROVISIONS 11.1 The Agreement shall be governed by the laws of the State of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusively in Denton County, Texas. 11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Design Professional shall not assign its interests in the Agreement without the written consent of the Owner. 11.3 The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of the Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that is reasonably possible be read so as to harmonize the provisions. However, should the provisions of these documents be in conflict so that they can not be reasonably harmonized, such documents shall be given priority in the following order: L The executed Agreement 2. Attachments referenced in Section 3 of the Agreement other than the Proposal 3. These General Provisions 4. The Proposal 11,4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Design Professional. 11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Design Professional's promotional and professional materials.. The Design Professional's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Design Professional in writing of the specific information considered by the Owner to be confi- dential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project. Page 10 N:1_2010 Proposals and Presentations\Pedestrian Bridge- City Denton 15P-10179-000\ContractslDenton Professional Services Agreement Architect Engineer LAN Inc Rail Trail bridge Loop 288 9-28-10.doc 11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and. liability of the Design Professional, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants. 11.7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless otherwise specified herein. All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing. 11.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. 11.9 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended during the term of this Agreement. 11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. 11.11 The captions of the Agreement are for informational purposes only, and shall not in anyway affect the substantive terms or conditions of the Agreement. Page ll N:1 2010 Proposals and Presentations\Pedestrian Bridge- City Denton 15P-10179-0001ContractslDenton Professional Services Agreement Architect Engineer LAN Inc Rail Trail bridge hoop 289 9-28-10.doc Lockwood, Andrews Newnam, Inc. nA LEO A DALY COMPANY September 28, 2010 Mr. Robert Tickner, CPRP City of Denton Parks and Recreation Department 601 East Hickory, Suite B Denton, Texas 76205 Re: Loop 288 Pedestrian Bridge Proposal Dear Mr. Tickner: Lockwood, Andrews & Newnam, Inc. is pleased to have this opportunity to perform professional services for The City of Denton Parks and Recreation Department. We propose to render professional engineering services in connection with the Loop 288 Pedestrian Bridge Project (hereinafter called the "Project'). The City of Denton will furnish us with full information as to project requirements including any special or extraordinary considerations for the Project or special services needed, and also to make available all pertinent existing data. Our services will consist of providing surveying, preparing of final plans, specifications, estimates and construction phase services all as set forth in the City of Denton Engineering Services Agreement, provided by you, and as amended and supplemented in Exhibits B through C, thereto, which is attached to this letter. We will also furnish such Additional Services as you may request. We propose to perform Basic Design Services for a maximum lump sum fee of $109,693.00 and additional Construction phase services for a maximum lump sum fee of $17,977.00 for a total fee of $127,670.00 plus expenses estimated to be $6,397.00 as detailed in Exhibit C attached. Additional services will be charged on the basis of Salary Cost times a factor of 3.1 and reimbursable expenses incurred with all Additional Services will be charged on the basis of actual cost times a factor of 1.0. We will bill you monthly for our services. The above financial arrangements are on the basis of prompt payment of our bills and the orderly and continuous progress of the Project through construction. We would expect to start our services promptly after receipt of your acceptance of this proposal and to complete our services within the time period as detailed in the contract. If there are protracted delays for reasons beyond our control, we would expect to negotiate with you an equitable adjustment of our compensation taking into consideration the impact of such delay including but not limited to changes in price indices and pay scales applicable to the period when services are in fact being rendered. This proposal, the City of Denton Engineering Services Agreement and Exhibits A through C represent the entire understanding between you and us in respect of the Project and may only be modified in writing signed by both of us. If it satisfactorily sets forth your understanding of our agreement, the City can execute the attached agreement by signing in the spaces provided and returning it to us. P.M~an gel Attachments "A" through °C" campbell Centre 1, 8354 N. Central Expressway, Suite 1400 . Dallas, Texas 75206 • 214.522.8779 • Fax 214.526.4433 • www.lan4nacorn EXHIBIT "A" CONSULTANT SCOPE OF SERVICES Contract No. 150-10179-000 City of Denton Parks and Recreation Department Loop 288 Pedestrian Bridge Project The following items are to be provided by the CITY: 1. Available interface data for any projects adjacent to this project, including proposed construction plans, DTM, contours, and appropriate coordinate system. 2. Applicable electronic files and/or paper prints of existing Walkway paving plans, existing utility plans, City design standards, title sheet, City Logos, storm water pollution prevention plan (SW3P), etc. 3. Example estimate, general notes master file, sample specifications from similar project and related hard copy documentation for the Engineer's use in preparing preliminary estimate, general notes, and specifications. 4. Parks and Recreation design guidelines manual or special project design requirements. 5. Should additional right of way be required for the project, the CITY will make available personnel to address questions and comments. 6. Assist in identifying utility companies if utility relocations are required. 7. Assist in obtaining necessary utility agreements and adjustments for the project. 8. Assist the ENGINEER, as necessary, in order to obtain the required data and information from other local, regional, State and Federal agencies. Page I 1 EXHIBIT "B" CONSULTANT SCOPE OF SERVICES Contract No. 150-10179-000 City of Denton Parks and Recreation Department Loop 288 Pedestrian Bridge Project SERVICES TO BE PROVIDED BY THE ENGINEER The scope of services for this project will include the development of the bridge layout and preparation of final construction plans, specifications and estimate (PS&E) documents to construct the Loop 288 Pedestrian Bridge and approach walkways to the limits necessary to tie into existing north end pavement at approximate Station 942+50 and south end pavement at approximate Station 955+30. The design plans shall conform to all relevant City, State and Local requirements. The structures and descriptions of the proposed work are as follows: GENERAL DESIGN REQUIREMENTS 1. Assume Categorical Exclusion, no CLOMOR or LOMOR required. 2. Design a new Pedestrian Bridge with single column hammer head T-Bents in alignment with and parallel to existing DCTA Loop 288 LRT bridge bents and abutments. The main span over Loop 288 roadway will be a single long span 150 ft. +1- steel Pre-Engineered manufactured steel truss. All approach span superstructures shall be standard TxDOT Prestressed concrete beams spans units designed to current AASHTO code requirements. 3. Bridge section width shall have a maximum 10 ft. clear walkway opening for pedestrian and bicycle access with longitudinal alignment parallel to adjacent DCTA Loop 288 LRT Bridge. 4. Approach walkways on both north and south project ends of bridge shall transition from natural grade up to bridge abutment elevations by mechanically stabilized earth (MSE) retaining wall systems. 5. Design shall include a Pedestrian stairway (two total stairway of similar design) near each abutment for access to natural ground and sidewalks at Loop 288. 6. Single phased bridge construction with complete bridge and retaining wall constructed in one phase. 7. The ENGINEER shall prepare a project estimate of the probable cost. The estimate shall be prepared for the 30% PS&E Phase and 100% PS&E Phase using MS Excel programs. 8. Deliverables - The ENGINEER shall prepare interim review plan sets, final 11"x17" bond plans, and electronic files of the final design. 1. Interim Review Submittals - The ENGINEER shall provide three (3) copies of the 30% PS&E Phase and 100% PS&E Phase plans to the CITY for review and comments. 2. Final Plans Submittal - The ENGINEER shall provide one set of 11"x 17" reproducible bond originals with a registered Professional Engineer's seal on each sheet, including all applicable standard drawings. Page 11 9. Electronic Graphics Submittal - The ENGINEER shall provide to the CITY an electronic file deliverable (CD-ROM) of all design documents in both Micro Station .dwg and pdf formats. All work for development of the bridge layout, PS&E and Categorical Exclusion will be prepared in English units and will be prepared to sufficient detail and clarity to obtain approval from City of Denton and Texas Department of Transportation (TxDOT) for vertical and horizontal clearance over Loop 288 and to meet City Design requirements for letting. The ENGINEER will employ a computer graphics system that is compatible with the City's computer system for Document and Information Exchange°. The computer graphics files shall have the same integrity, singularity, and attributes as elements generated by the City's computer system. The ENGINEER shall collect, review, and evaluate all of the available existing data pertaining to the project and prepare the PS&E in accordance with the requirements and policies of the City. The construction plans to be prepared by the ENGINEER for this project will contain all of the required details pertaining to grading, paving, drainage, structures, storm water pollution prevention, pavement markings, delineation, signing, and all details necessary for construction. The ENGINEER will be present and provide technical support when meeting with adjacent affected property owners and utility companies. The City will be the principal contact for public and private inquiries regarding the project. The ENGINEER shall provide assistance when called upon by supplying the City with the necessary data to support the public information program. All coordinate geometry will be based on and tied into the State's coordinate system (surface coordinates). The ENGINEER shall conduct all field surveys for the establishment of a horizontal base line and benchmark circuit for the project, horizontal and vertical ties of critical existing facilities, structures and features, including all features influencing existing streets and driveways. The ENGINEER will be required to meet, as needed, with the designated City representatives on a regularly scheduled basis to report on progress. PS&E shall be prepared in accordance with the applicable requirements of the City of Denton. Standard Specifications for Construction, City of Denton Engineering Standards, and manuals (updated for revisions). Whenever possible, TxDOT standard drawings and standard specifications will be used for specialty structural elements. The ENGINEER will be responsible for assuring that all work performed goes through a QC/QA process before the City receives any deliverables. The engineering work on this project will be performed in the offices of the ENGINEER and sub- consultants and may be inspected by the City at any time. The ENGINEER will be the single point of contact between the CITY and all subcontractors. The ENGINEER will provide full management of all subconsultants including coordination of all meetings, review of all work performed, delivery and submission of all documents, plans, and reports. Page 12 Detailed engineering and surveying services are more specifically described in the following TASK OUTLINES. PHASE 1 - 30% PLANS, SPECIFICATIONS & ESTIMATES A. DESIGN SERVICES 1. Attend kick off meeting with the City of Denton 2. Develop one (1) Walkway, Retaining wall and Pedestrian Bridge Plan and Elevations for the alignment of the existing walkway and bridge approximately 25 ft. left of existing DCTA LRT Loop 288 track alignment. 3. Coordinate design efforts with Geotechnical Engineer and Survey personnel to establish as-built track and LRT bridge alignment, sidewalk pavement sections, utility types and locations, utility easements and ROW. 4. Develop under- bridge grading section based upon existing Loop 288 TxDOT roadway easements, sidewalk locations and DCTA LRT Bridge bent locations. 5. Coordinate and provide Bridge Layout drawings to TxDOT and DCTA for review and approvals. G. FIELD SURVEYING The ENGINEER shall provide flagmen, signing, traffic control, reflective vests, and other safety equipment as required by the Texas MUTCD while performing the design surveying component of the project. 1. Utilize primary horizontal and vertical control monumentation established for the survey data provided by the CITY or DCTA. 2. Provide design topographic surveys along centerline of walkway 50`east and 50' west of proposed alignment. 3. Establish a baseline along the existing walkway and rectify the survey data with existing DCTA Track alignment and Bridge data. 4. Establish the existing right of way lines and property lines to be used for the bridge layout. 5. Establish a benchmark circuit that ties into TxDOT monumentation. 6. Locate existing aboveground utility features and structures within the survey areas defined above. 7. Establish field ties for geotechnical core samples. 8. Provide electronic files in Microstation format of all topographic features generating 3-D Digital Terrain Model of the project. PHASE 2 - FINAL PLANS, SPECIFICATIONS & ESTIMATES A. CIVIL PAVING, GRADING, UTILITY RETAINING WALL DESIGN SERVICES 1. General Project Management shall develop and maintain project schedules and progress reports. ENGINEER will develop a schedule showing progress on the various tasks, subtasks, milestones, and deliverables. Project management shall coordinate and review the work produced, including work assigned to and accomplished by subconsultants, to assure compliance with City policies and procedures, and to assure that work is accomplished on time. 2. Grading - The ENGINEER shall develop the plan and profile (grading) sheets for the bridge walkway approach slab pavement sections tie-in to bridge abutment including the horizontal and vertical geometry, pavement dimensioning, limits of construction, limits of bridge construction, walkway grading, etc. 3. Typical Sections - The ENGINEER shall prepare typical pavement sections to match existing pavement utilizing a material as directed by the CITY. Page 13 4. Retaining wall plan and profile drawings showing walkway geometry grade, handrails, coping caps, top and bottom of wall elevations, finished grade at face of wall and utility locations/ penetrations. 5. Miscellaneous Details - The ENGINEER shall utilize available City and TxDOT Standard Details for miscellaneous details necessary to provide specific instruction on the construction of all design elements in the plans. 6. Storm Water Pollution Prevention Plan (SW3P) - Project area shall be less than one acre, therefore will not have to apply to the TCEQ for permit coverage under the TPDES Construction General Permit. The ENGINEER shall develop a SW3P plan consistent with the project construction phases that will minimize sediment discharge from the project site through runoff. 7. Erosion Control Plan - The ENGINEER shall prepare an erosion control plan at a 1 inch = 100 feet scale or as directed by the City. The plan will identify the SW3P components that will mitigate the impacts of construction activities. The Erosion Control Plan will be in compliance with TxDOT manual Stoma Water Management Guidelines for Construction Activities. 8. Utility Coordination a) Locate owner and obtain any maps of utilities available b) Send letter to utility companies and provide preliminary project plans for coordination c) Meet with utility companies on the site as needed to discuss locations d) The ENGINEER will plan, coordinate, and attend utility adjustment meetings with all affected utility companies. This meeting will establish the schedule for utility adjustments. 9. Summary of Quantities - The ENGINEER shall calculate and tabulate total construction quantities for the project at 30% and 100% submittals. Quantities will be in accordance with the TxDOT Standard Specifications for Construction of Highways, Streets, and Bridges 2004. B. BRIDGE DESIGN SERVICES 1. Preparation of Bridge Layout a) Bridge Layout - The ENGINEER shall submit the preliminary bridge layout for review and approval by the CITY following revisions based on 30% submittal review comments. The ENGINEER shall prepare the bridge layout at a scale of 1" = 40 feet or 1" = 20 feet. The scale for the plan view shall be the same for the elevation view. The bridge layout will include beginning and ending stations, stations of bridge joints, offset data, curve data, span lengths, approach slab dimensions, total bridge length, bridge dimensions, and soil core hole locations. b). Bridge Elevations - The ENGINEER shall prepare bridge elevations at a scale of 1" = 40 feet or 1" = 20 feet or as directed by the CITY including beginning and ending stations, existing and proposed ground line, height of bents, bent dimensions, top of footing and bridge elevations, and soil core hole data. The bridge elevations shall be in accordance with TxDOT's Bridge Division Manuals. 2. Bearing Seat Elevations - The ENGINEER shall provide bearing seat elevations for each beam or girder on the quantity summary sheet for the bridge. 3. Foundation Design - The ENGINEER shall develop the foundation design in accordance with the TxDOT's Bridge Division Geotechnical Manual. Page 14 4. Preparation of Walkway Bridge Structural Details - The ENGINEER shall prepare structural details for the bridge. Bridge structure details will conform to standard TxDOT bridge design requirements. Architectural or aesthetic amenities are anticipated to include standard exposed aggregate finishes, walkway handrails and walkway special finishes per ADA slope requirements. 5. Preparation of north and south abutment access stairway plans and detail drawings for pedestrian access to Loop 288 at-grade sidewalks. Stairway handrails and landings designed per local code requirements. 6. Bridge Total Quantities and Cost Estimates - The ENGINEER shall provide all of the bridge quantities by construction phase and the estimate of probable cost for the bridge for 30%, and 100% submittals. 7. General Guidelines for Bridge Design - The ENGINEER shall make final design calculations and provide information to the CITY. The bridge design shall be in accordance with TxDOT's Bridge Division manuals. C. ELECTRICAL DESIGN SERVICES 1. The ENGINEER shall prepare electrical lighting and conduit power service plans and details for embedded parapet lighting fixtures from beginning to end of retaining walls. The Engineer shall perform lighting, and power calculations to support design. The Engineer shall prepare specifications to govern the electrical construction. PHASE 3 - BIDDING & CONSTRUCTION PHASE SERVICES A. The ENGINEER shall assist City during bidding process by attending a Pre-bid meeting, issuing Project drawings and specifications, providing bid clarifications on plans or specifications, issuing drawing revisions or specification addendums, attending the bid opening, reviewing bids. B. The ENGINEER shall perform the following Construction Phase services: 1. Review construction shop drawings 2. Review material submittals, sample mockups 3. Answer "Requests for Information 4. Clarify drawing or specification questions 5. Perform six (6) field inspections and monitor construction progress. Page 15 a ti re°i n n m f a w , n o 9qq ~ e0 N V Y ~ m { G R W V o Y ~ a~ilil 10 _ m Q J« F V H w W < ~ iB K N of N m 2 ~ 9 U ap M V Q C! 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THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Kansas City MO 64112-1906 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (816) 950-9000 INSURED LOCKWOOD, ANDREWS & NEWNAM, INC. 1057787 ATTN: MR. DON SCHUETZ 2925 BRIARPARIC DRIVE HOUSTON, TX 77042 INSURERS AFFORDING COVERAGE NAIC # INSURER A. Continental Casual Company 20443 INSURER B: INSURER C: INSURER D: Nrn ITV YLRN47 G.3 i..uv.-. . LICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING THE PO R CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT, TERM O THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN, POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~yE POLICY ~D" LIMITS INSR D' MN D POLICYNUMBER DATE M L7R NSR TYPE OF INSURANCE EACH OCCURRENCE X.XxxxxX GE NERAL LIABILITY DAMAGE TO RENTED M- .5 XXXXXXX COMMERCIAL GENERAL LIABILITY NOT APPLICABLE PREMISES Ea occurrence) $ IMS MADE ❑ OCCUR MED EXP (Any one person) $ XXXXXXX CLA I PERSONAL & ADV INJURY $ XXXXXXX GENERAL AGGREGATE $ XX3CXXXX GE N'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ XXXXXXX POLICY X JECTPRO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ XXXXXXX ANY AUTO NOT APPLICABLE (Ea aoddent) ALL OWNED AUTOS BODILY INJURY $ XXXXXXX DULED AUTOS (Per person) SCHE HIRFDAUTOS BODILY INJURY $ XXXXXXX NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ XXXXXXX (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ XXXXXXX ANY AUTO NOT APPLICABLE OTHERTHAN EA ACC $ XXXXXXX AUTO ONLY: AGG XXXXXYR EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ XXXXXXX OCCUR FICLAIMS MADE NOT APPLICABLE AGGREGATE $ XXXXXXX $ XXXXXXX UMBRELLA DEDUCTIBLE $ XXXXXXX FORM HRETENTION $ $ XXX ' WC STATU- OTH- WORKERS COMPENSATION TORY LIMITS ER AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNEWEXECUTIVE NOT APPLICABLE E.L. EACH ACCIDENT $ XXXXXXX ❑ OFFICERIMEMSER EXCLUDED? In NH] Mandator E.L. DISEASE - EA EMPLOYEE XXXXXXX ( y If yes, describe under L. DISEASE -POLICY LIMIT E $ XXXXXXX SPECIAL PROVISIONS below . OTHER $5,000,000 EACH CLAIM AND IN A PROFESSIONAL CIII 00 616 13 40 6/10/2010 6/10/2011 THE ANNUAL AGGREGATE LIABILITY DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES I EXCLUSIONS ADDED BY.ENDORSEMENT I SPECIAL PROVISIONS DESIGN, ENGINEERING AND SPECIFICATIONS FOR A PEDESTRIAN BRIDGE ON THE DENTON BRANCH RAIL TRAIL CROSSING OVER LOOP 288 NEAR MILE MARKER 724. CERTIFICATE HOLDER GANGCLLAIIVN 11016340 SHOULD ANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF DENTON DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 215 EAST MCKINNEY STREET NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL DENTON TX 76201 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AU k. ACORD 25 (2009/01) 049WA CORPORAT0N. All rights reserved. The ACORD name and logo are registered marks of ACORD For questions regarding this certificate, contact the number listed in the'Producer' section above and specify the client cade'LEOADgt'. CERTIFICATE OF LIA PRODUCER Lock-ton Companies, LLC-1 Kansas City 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816) 960-9000 INSURED LOCKWOOD, ANDREWS & NEWNAM, INC. 1079765 ATTN: MR. DON SCHUETZ 2925 BRIARPARK DRIVE HOUSTON TX 77042 OVERAGES LEOAD01 PC INSURE s,AUrHO THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MD ' POLICY EFFECTIVE POLICY EXPIRATION LIMITS POLICY NUMBER DATE (MMIDD.. DATE MMIDD GENERAL LIABILITY DAMAGE TO RENTED 000 100 1015651942 111/2010 111/2011 PREMISES Ea occurrence , $ D X COMMERCIAL GENERAL LIABILITY ED MEQ EXP (Any one person) $ 5,000 OCCUR CLAIMS MADE PERSONAL& ADV INJURY $ 1,000,000 000 000 2 GENERAL AGGREGATE , , $ 000 000 2 PRODUCTS - COMPIOP AGG , , $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PO- LOC _ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 1015651956 1/112010 1/1/2011 (Ea accident) A X ANY AUTO X ALL OWNED AUTOS BODILY INJURY $ X~ (Per person) SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY (Per accident) S ~X X NON-OWNED AUTOS PROPERTY DAMAGE ccident) P $ :X ( er a AUTO ONLY - EA ACCIDENT $ XXXXXXX GA RAGE LIABILITY NOT APPLICABLE OTHERT14AN EA ACC $ X~ ANYAUTO AUTO ONLY: AGG $ XXXIxXX EACH OCCURRENCE $ 25,000,000 EXCESS 1 UMBRELLA LIABILITY ❑ K08000835 1/1/2010 1/1/2011 AGGREGATE $ 25 000 000 C CLAIMS MADE X OCCUR Q $ XXXXXXZ UMBRELLA $ DEDUCTIBLE FORM $ X RETENTION $ 10,000 TH- WCSTATU- O WOR KER S COMPENSATION 111/2011 ER X TORY LIMITS B AND EMPLOYERS' LIABILITY 1015651973 (AOS) 1/112010 00 0()0 YIN VE 1/1/2010 111/2011 E.L. EACH ACCIDENT , is 1,0 B ANY PROPRIETORIPARTNEREXECUTI 1063334422 (CA) OFFICERIMEMBER EXCLUDE D9 2076231879 (DC} 1/1/2010 1/1/2011 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 B (Mandatory In NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ 11000,000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS DESIGN, ENGINEERING AND SPECIFICATIONS FOR A PEDESTRIAN BRIDGE ON THE DENTON BRANCH RAIi TRAII CROSSING OVER LOOP 288 NEAR MILE MARKER 724. THE CITY OF DENTON IS AN ADDITIONAL INSUREDS AS RESPECTS TO GENERAL AND AUTO LIABILITY, AS REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION APPLIES WHERE ALLOWED BY STATE LAW AND AS REQUIRED BY WRITTEN CONTRACT. I CERTIFICATE HOLDER CANCELLATION 11016339 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF DENTON DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 215 EAST MCKIN`NEY STREET NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL DENTON TX 76201 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, YYY} (M DA E URANC BILITY I 1 12010 1`V 9/29/201 Q 011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE THIS CERTIFICATE DOES NOT AMEND, EXTEND OR HOLDER . ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURERA: Continental Casualty Cow an 20443 INSURER B: Valley Forge Insumnce Com an 20508 INSURER C: St Paul Fire and Marine Insurance Co 24767 INSURER D: National Fire Insurance CO Of Hartford 20478 INSURER E. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTEACOIRR RRED REPRESENTATIVE OR PRODUCER R AND TH ACT BETWEEN THE ISSUING E CERTIFlCATE HOLDER 25 (2009/01) O 1SM2 A RD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD For quesgone regarding Uds oerttflcate, centaet the number listed In the'Producer• section ai and specify the client eede'LEOADtit'. This page left blank intentionally . AGENDA INFORMATION SHEET AGENDA DATE: October 19, 2010 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Frank Payne 349-8946 ACM: Jon Fortune 9 SUBJECT Consider adoption of an Ordinance rejecting any and all competitive bids for a public works contract for the constriction of drainage improvements for the City of Denton as specified in Bid 4554-Eagle Drive Drainage Improvements Phase I; and providing an effective date. BID INFORMATION The Phase 1 Eagle Drive Drainage Improvements project consists mainly of replacing the existing rock lined channel with 872 linear foot of an 18' x 7' cast-in-place reinforced concrete box as well as other miscellaneous bid items required to install a storm drain system. The project is necessary to alleviate flooding in the area. The proposed box stricture is designed to handle the projected 100 year storm event. Bids were received for the project on August 26, 2010. There were nine bidders, with bids ranging from a low base bid of $1,375,901.65 to a high base bid of $2,081,788.00. The engineer's opinion of probable cost for the project was $1,520,093.00. The bid summary is enclosed as Exhibit 1. The low bidder for this project, Davis Excavation, Inc. has not demonstrated a work history that would support their ability to constrict this project. Specifically, Davis Excavation, Inc. has not demonstrated experience in constricting cast-in-place reinforced concrete strictures larger than 6'x5'. In the opinion of the Utility and Capital Improvements Program (CIP) Engineering staff and the design consultant, Teague Nall and Perkins, Inc., the lack of demonstrated experience by Davis Excavation, Inc. on larger cast-in-place reinforced concrete boxes essentially constitutes a lack of a responsible bid. Although Davis Excavation, Inc. may well be a reputable contractor capable of being bonded at these dollar amounts, this constriction project is a critical link in the City's drainage CIP infrastructure and the constriction process will involve large excavations and complicated utility coordination Due to the oversight of staff, the bid specifications did not include definitive language on qualifications criteria for the evaluation of bidders. Based on past experience with this type of bidding issue and the desire by staff to award the project to the most qualified bidder that the bid documents can provide, a rebid of the project with the necessary minimum desired experience record language inserted covering this size and scope of project is preferable. Agenda Information sheet October 19, 2010 Page 2 RECOMMENDATION Reject all bids submitted and rebid the project. ESTIMATED SCHEDULE OF PROJECT New bid specifications will be advertised and distributed contingent upon Council rejecting all bids currently submitted. FISCAL INFORMATION Funding for this project will come from existing Drainage Department bond funds-project account number 650020560. EXHIBITS Exhibit 1: Bid Tabulation Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance I-.CIS-4»4 X LL kn A a~ ^I A • O A o _ N ~ N r~ 0 1 ap C C O C~j 609, O O O C~j H Q ~ O 6~9 ti a o U x O O CA C~j 609, ti 0 a O N w 00 609, x O ~n A U U ~ H cd N M N N o Ei a 3 m a a~ m o r N a H m Q Q U ~ O a bJJ O O H cc C~j w ° U Q ° U Q CA ~C o A C~j O M C/1 C/1 C/1 Z O ~ ~ N a\ a CA o N W zs M ~ N ~ Q C~j 69 w a o O ~ . O O C/1 C/1 C/1 z C~j U N N o Ei 3 a m r N a a~ m o a H m Q Q ORDINANCE NO. AN ORDINANCE REJECTING ANY AND ALL COMPETITIVE BIDS FOR A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS FOR THE CITY OF DENTON AS SPECIFIED IN BID 4554-EAGLE DRIVE DRAINAGE IMPROVEMENTS PHASE I; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State laws and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids should be rejected and that the said construction project should be re-bid; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid numbers assigned herein are hereby rejected: BID NUMBER CONTRACTOR AMOUNT 4554 Davis Excavation, Inc. $1,375,901.65 Humphrey & Morton Construction Co. Inc. $15418,198.20 Jeske Construction Co. $1,512,745.00 Jagoe-Public Co. $1,556,805.45 Omega Contracting, Inc. $1,673,233.60 Camino Construction, LP $1,722,307.00 Earth Builders LP $1,732,493.01 AUI Contractors, LLC. $1,927,326.40 DCI Contracting, Inc. $2,081,788.00 SECTION 2. The City Manager is hereby authorized to execute all necessary documents for the rejection of said bids. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010 MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY n BY: . 3-ORD-Bid 4554 This page left blank intentionally . AGENDA INFORMATION SHEET AGENDA DATE: October 19, 2010 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Frank Payne 349-8946 ACM: Jon Fortune 9. SUBJECT Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the constriction of a concrete lined channel, pilot channels, and two outlet strictures for the Magnolia Drainage Improvements Phase 1 Detention Pond Project; providing for the expenditure of funds therefor; and providing an effective date (Bid 3516-awarded to the lowest responsible bidder meeting specification, Floyd Smith Concrete, Inc. in the amount of $149,911.14). BID INFORMATION A line item description of the project cost is included in the attached Project Estimate Information Sheet (Exhibit 1). In 2006, an annual contract was awarded by Council (Bid 3516) for concrete related repairs and small constriction projects in an estimated annual expenditure of $1.2 million. The bid is structured such that various line items can be used to generate project cost. Council stipulated that any projects costing $100,000 or more, through this bid, must obtain separate Council approval. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Bid 3516 was originally awarded by Council on June 25, 2006 and has been renewed through July 25, 2011. RECOMMENDATION Approve the award of a contract with Floyd Smith Concrete, Inc. in the amount of $ 149,911.14. PRINCIPAL PLACE OF BUSINESS Floyd Smith Concrete, Inc. Denton, TX ESTIMATED SCHEDULE OF PROJECT This project will begin upon Council approval and is estimated to be completed within 60 days. Agenda Information Sheet October 19, 2010 Page 2 FISCAL INFORMATION This item will be funded from account 650042455.1360.40100. Requisition 100427 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Project Estimate Information Sheet Respectfully submitted: CZ - Antonio Puente, 349-7283 Assistant Director of Finance 1-.CIS-Bid 1516 Exhibit 1 Floyd Smith Concretes Inc, P.O. Box 1781 Denton, TX 76202 Phone: 940-56"114 Fax: 940-382-5691 BILL TO City of Denton Accounts Payable 215 E. McKinney Denton, TX 76201 PROPOSAL DATE PROPOSAL N... 9/281201 a 2010-166r PROJECT City of Denton Contract #3516 Drainage Department Troy 349-7197. Magnolia Drainage Phase 1 *REVISED P.O. NO. TERMS Net 10 ITEM QTY DESCRIPTION RATE AMOUNT 813 670 LF Concrete Flumes 6" - 10 Ft wide with 6" 71.03 47,590.10 Curbs (10' Pilot Channel) 23A 28.88 SY 8" Concrete Pavement ( slash pacts) 40.03 1,156.07 36 1 1=A "Y" Inlet( Includes Ring & Cover) 2,057.02 2,057.02 37A 1 EA4' Inlet 1,000.71 1,000.71 24A 35.88 SY 8" Concrete Pavement drive approach 46.48 1,667:70 8 2,061 SY Concrete Rip-Rap and Drainage Flumes 44.48 91,673.28 x+11 10 878 I-F Saw Cut 1.67 1,466.26 Misc 3 EA Allow for Concrete Pump per Day 1,100.00 3,300.00 E-mail Total $149,911.14 fscincl @verizon.ne.t ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF A CONCRETE LINED CHANNEL, PILOT CHANNELS, AND TWO OUTLET STRUCTURES FOR THE MAGNOLIA DRAINAGE IMPROVEMENTS PHASE 1 DETENTION POND PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3516-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, FLOYD SMITH CONCRETE, INC. IN THE AMOUNT OF $149,911.14). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 3516 Floyd Smith Concrete, Inc. $149,911.14 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,20 t 0. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY : BY: ~ I , 1 . , r 3-ORD-Bid 3516 Exhibit 1 Floyd Smlth Concrete, Inc, P.O. Box 1781 Denton, TX 75202 Phone: 940-565-0114 Fax: 940-382-5691 HILL TO City of Denton: Accounts Payable 215 E. McKinney Denton, TX 76201 PROPOSAL DATE PROPOSAL N... 9/2812010 2010-166r PROJECT City of Denton Contract #:3516 Orainage Department ;Troy 349-7197. Magnotla Drainage Phase 1 *REVISED P.Q. NO. TERMS Net 10 ITEM QTY DESCRIPTION RATE AMOUNT 88 670 LF Concrete Flumes 6" - 10 Ft wide with 6" 71.03 47,690.10 Curbs (10' Pilot Channel) 23A 28.88 SY 6" Concrete Pavement (slash pads) 40.03 1,166.07 36 1 EA "Y" Inlet ( Includes Ring & Cover) 2,057.02 2,057.02 37A 1 EA4' inlet 1,000.71 1,000,71 24A 35.88 SY 8" Concrete Pavement drive approach 46.48 1,667:70 8 2,061 5Y Concrete Rip-Rap and Drainage Flumes 44.48 91,673.28 10 B78 LF Saw Cut 1.67 1,466.26 Misc 3 EA Allow for Concrete Pump per Day 1,100.00 3,300.00 Total $149,911.14 E-mail fscinot®verizon.net AGENDA INFORMATION SHEET AGENDA DATE: October 19, 2010 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during a fundraiser held at the North Texas State Fairgrounds on Sunday, October 24, 2010. The concert will begin at 1:00 p.m. and conclude at 10:00 p.m. This request is for an exception to the sound ordinance for amplified sound on Sunday. Staff recommends approving the noise exception request. BACKGROUND This fundraising event will help pay medical expenses for a six-year-old child with cancer. Activities will include several bands participating in live concerts, an auction, bounce houses, costume contest, and activities for the entire family. The fundraiser is open to the public with free admission. The sound will not exceed the allowable 65 decibels. RECOMMENDATION Staff recommends approving the noise exception request for amplified sound on Sunday. EXHIBITS 1. Letter of Request Respectfully submitted: Emerson Vorel, Director Parks and Recreation Department Prepared by: Janie McLeod Community Events Coordinator Sept. 21, 2010 Janie McLeod Community Events Coordinator City Hall East 601 E. Hickory, Suite B Denton, TX 76205 Dear Ms. McLeod, I would like to request a noise exception for the North Texas Fairgrounds for Sunday :Oct. 24, 2010 to run from IPM until 10 PM. This event is to raise funds for the Kodi Tutt family to help pay medical expenses. Kodi is 6 years old and has cancer. We will have a live concert with several bands participating, Live Auction, activites for the en- tire family including bounce houses, Costume contest etc. This event is open to the public with free admission and will be an afternoon of fun for the entire family. Sincerely, Jim Clater, chairman Kodifest 2010 Ana& AGENDA INFORMATION SHEET AGENDA DATE: October 19, 2010 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of performing live music at the residence of 1604 N. Elm Street on Sunday, October 31, 2010, beginning at 9:00 p.m. and concluding at 1:00 a.m. This request is for amplified sound on Sunday, an extension of hours from 10:00 p.m. for amplified sound, and for the amplified sound to be increased up to 75 decibels. Staff recommends denial of the request of amplified sound on Sunday, extending the hours of operation from 10:00 p.m. to 1:00 a.m. and for an increase in decibels. BACKGROUND Sarah Collins, resident at 1604 N. Elm Street, is planning to have entertainment with live bands and a haunted house on Halloween night. The event will benefit the North Texas Environment and Energy Club, which will donate the funds to help with the gulf coast relief. Ms. Collins considers this a great opportunity to give to a good cause, provide entertainment, and support local talent. The event location is on the corner of N. Elm Street and College Street and is located next to businesses which should help to reduce any disturbances. RECOMMENDATION Staff recommends denial of the noise exception request. EXHIBITS 1. Letter of Request 2. Map of Location Respectfully submitted: Emerson Vorel, Director Parks and Recreation Department Prepared by: m~eQ Community Events Coordinator October 1, 2010 We want to raise money to support local music and the gulf relief. Our goal is to raise money for an organization by creating a fundraiser; we are not collecting the money for ourselves in any way. We are planning to have live music playing and everyone is welcome to the event. We want people to enjoy Halloween by dressing up and having fun, but also recognize a cause we feel strongly about. It will not be a haunted house, it is more like a party with festive decorations--nothing that is scary, nor will there be a line of people outside, as we are not charging admission (only donations). We will make sure the sound is under control, but we will need to request the decibels be raised to 75. The event will be on Oct. 31st, begin at 9 pm until 1 am. If the time is an issue, we can make different arrangements as well. We want to ensure that we are able to have bands playing for the event. If you have any other concerns you can contact me at: (817)980-8496. Our address is 1604 North Elm St, Denton, TX 76201. Thank you! Sarah Collins College at Elm Street r ~F Tr A A A Fk ~ ` - ....r ~ ~ ~ ~ ~ n• . ~ ~ ~ pm °r ~ - +pa ~ , ~ t ,mn . m ~ r e< m r i7 IN, f - y 17 gyp 7 ~ I v k I ~ Wk s s µ I `a x R g 3p A ti ON w um4.. ww I" M k } `fit.-~r«~ i.~^ : y _ y~._ , - ~w 8~, I .r rIl M , m ~ tt r. I - ~^1 Yrvua ~ r. `✓'ip k y ~ry ~ k.4 II -Yd - - ~ to I~ ' @ Y ~ -IL w ° 1 . `.3'10 1515 „w z I' ti. This page left blank intentionally . AGENDA INFORMATION SHEET AGENDA DATE: October 19, 2010 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during two outdoor concert events in residential areas hosted by Scott Mulvahill. The first concert would be located at 1709 W. Oak Street on Friday, October 22, beginning at 9:00 p.m. and concluding at 12:00 a.m. The second concert would be located at 3000 Montecito on Saturday, October 23, beginning at 8:00 p.m. and concluding at 10:00 p.m. This request is for an extension of hours for amplified sound from 10:00 p.m. to 12:00 midnight and for an increase in decibels from 65 to 80 for both concerts. Staff recommends denial of the noise exception requests. BACKGROUND The outdoor concerts are celebrations for a former University of North Texas One O'clock Lab Band member who will be relocating from Denton. Both concerts will have four piece bands playing. The first event will feature different bands playing during the going away event for Mr. Mulvahill and his friends. The second event will be geared towards families that attend St. Mark's Church where Mr. Mulvahill led music on Sunday afternoons. Both events will be free to the public; however, donations will be accepted. RECOMMENDATION Staff recommends denial the noise exception requests. EXHIBITS 1. Letter of Request 2. Map Locations Respectfully submitted: M-0W . Emerson Vorel, Director Parks and Recreation Department Prepared by: Janie McLeod Community Events Coordinator To whom it concerns, I am Scott Mulvahill, and I would like to request permission to hold two separate outdoor concert events in residential areas in Denton. I am a musician who recently graduated from UNT, and I played in the UNT One O'Clock Lab Band. I am moving soon, and I am trying to organize these backyard concerts to perform my music and serve as farewell gatherings for myself. These are not business events; I am just an individual. Both gatherings would be pretty small in size (I'm anticipating 50-120 people at each), and volume levels would not be excessively loud as we would only be using minimal PA equipment. Both events will be open to anyone who wishes to come. We will not be charging admission at either event, but if attendees want to make donations to help with costs they will be able to. Nobody will be kept out if they choose not to donate. The first event would be at 1709 W Oak Street (near UNT campus) on October 22"d I planned on having music from 9 pm (of the 22"d) till 12 am (of the 23rd). If that seems too long or too late, however, the concert could be shorter and/or moved up. This concert would be geared towards my friends and former classmates at UNT. The second event would be at 3000 Montecito (the Montecito off of Hobson St) on October 23rd. The music would go from 8-10 pm. This concert would be geared towards families that attend St. Mark's Catholic Church, where I lead music on Sunday afternoons. These concerts are meant to be fun and friendly social gatherings, and I hope you will allow me to hold them. If you have any questions for me or would like to discuss anything, I can be reached at smulva2wgmail.com or at 832-576-2001. Thanks for your consideration! -Scott Mulvahill 1709 W. Oak Street IN, I - IMMIX" ~ S ~ t ~ A f o z~ 1, ~ Q, -Shp 4 1~ C , v r+ F 4 e'A,..,.>'~ k rl2 ` lip may.., JIM' Y- Ii C= 0. fi' 27 I 4.1 00 Aud r „ a "W yr I;y:? P n r Er kt~ ~S-ft F~ •~Itl ~ t,. ~ 7~ "-J11WU~1 - ~ ^ r[ P. ~ - ~ to ~~.Nt "f, ' ~ _ ~ . . ~f k i }Q rlk f t Ott" _ k N * F E i@ 6 n eA I, It ~ ~ ' r r•~Iw~f ~,lFl+/°Air:~~ rA ~`'~rF"r« l.rlF`'fd'AF ~ ~m ~ ~~o r- ~ F , ffIFF< ~rf ~'r~+ll FAR F F per /Af pf It OEM lk, '1, y1a E.?' F r to ,'P ~ ~ _•I ~hwi - ~5i'"':~ _ 3000 Montecito Drive look, 71- I ~ f I v i ~ ~'fi ~ ~ ~ I ~ , 1 i;~R .1 ,Y r A Al 4F r , y r y` s w r u~FSi. 1~ ' 00, iIF rY . . i"j 41 AGENDA INFORMATION SHEET AGENDA DATE: October 19, 2010 DEPARTMENT: Utilities UTILITIES ACM: Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, authorizing the mayor to execute an amendment to Interlocal Cooperation Agreement by and between the City of Denton, Texas ("City") and the Denton Independent School District ("DISD") amending that certain Interlocal Cooperation Agreement, dated on or about July 20, 2004, by and between the City and DISD, granting the right to utilize additional street right of way to DISD for the DISD fiber optic system; and providing an effective date. BACKGROUND In July 2004, The City of Denton and the Denton Independent School District entered into an Interlocal Cooperation Agreement to allow for the access to City right of way for the installation of a fiber optic network that was designed, installed, owned and maintained by DISD. The project allowed for the interconnection of the DISD schools, support and administrative facilities on a fiber optics system that provided for the integration of education materials and exchange of data. Presently, DISD desires to install fiber optic linkages in the distinct locations as follows: • One line crossing the right of way on Fulton Street, south of Crescent Street near Denton High School, • A line within the right of way of Bell Avenue running north to Windsor, east of Strickland Middle School • A line that begins at Evers Parkway and traversing west along Gardenview Street, proceeding north along Joyce Lane. This line continues outside of City right of way and again enters at Fallmeadow Street, south of Meadowedge, and proceeds to West Hercules Lane, traveling west to Nicosia Street, then continuing south to point just north of the intersection of Riney Road and continues on private property from that point. The constriction plans of all three of these locations were approved by City Staff in August 2010. All of the proposed fiber work will be constricted underground. This will require several bore pits within the areas in question, and DISD will be responsible for returning the constriction sites back to pre-constriction conditions. OPTIONS 1. Recommend that CC approve the ordinance. 2. Recommend that CC not approve the ordinance. 3. Table for future consideration RECOMMENDATION Recommend approval of the ordinance. ESTIMATED SCHEDULE September 2010 PRIOR ACTION/REVIEW (Council, Boards, Commissions) Development Review Committee Approval-August 2010 FISCAL INFORMATION No proposed change to current payment schedule, as the total length of additional fiber cable installations is negligible in comparison to initial system install. BID INFORMATION Not applicable EXHIBITS 1. Ordinance 2. Location Map Respectfully submitted Jimmy D. Coulter Director of Water Utilities Prepared by: Doreen E. Blackstone Right of Way Agent sAegallour documentslordinancesll Oldisd fiber ordinance.doc EXHIBIT 1 ORDINANCE NO.2010- AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT, BY AND BETWEEN THE CITY OF DENTON, TEXAS ("CITY") AND THE DENTON INDEPENDENT SCHOOL DISTRICT ("DISD"), AMENDING THAT CERTAIN INTERLOCAL COOPERATION AGREEMENT, DATED ON OR ABOUT JULY 20, 2004, BY AND BETWEEN THE CITY AND DISD, GRANTING THE RIGHT TO UTILIZE ADDITIONAL STREET RIGHT OF WAY FOR THE DISD FIBER OPTIC SYSTEM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on or about July 20, 2004, the City Council adopted Ordinance No. 2004- 191, authorizing the execution of an Interlocal Cooperation Agreement Use Of Street Right-of- Way For DISD Fiber Optic System (the "Original Agreement"), by and between the City and DISD; and WHEREAS, the City Council of the City of Denton has heretofore determined that it is advisable to consent to the amendment of the Original Agreement as set forth in Amendment No. 1 to Interlocal Cooperation Agreement ("Amendment No. I"), attached hereto and incorporated herein by reference, between the City and DISD, granting the right to DISD to utilize additional street right of way for DISD fiber optics system and other matters as set forth in Amendment No. 1; and WHEREAS the City Council desires to authorize the City Manager to execute Amendment No. 1 with DISD; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The above and foregoing preamble is incorporated into the body of the ordinance as if copied herein in its entirety. SECTION 2. The City Manager, or his designee, is hereby authorized to execute Amendment No. 1 between the City of Denton and DISD, which is attached hereto and incorporated herein by reference. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: Page 2 of 2 1AID M ( g. 1 of 54) AMENDMENT NO. 1 TO INTERLOCAL COOPERATION AGREEMENT USE OF STREET RIGHT-OF-WAY FOR DISD FIBER OPTIC SYSTEM This Amendment to Interlocal Cooperation Agreement Use of Street Right-of-Way for DISD Fiber Optic System ("Amendment No. 1"), is made and entered into between the City of Denton, Texas, a Texas home rule municipal corporation (the "City") and the Denton Independent School District, an independent school district of the State of Texas ("DISD"), organized and existing under the laws of the State of Texas, each acting by and through, and under the authority of their respective governing bodies. WHEREAS, the City and DISD, on or about July 20, 2004, entered into that certain Interlocal Cooperation Agreement Use of Street Right-of-Way for DISD Fiber Optic System (the "Original Agreement'), providing for the right to DISD to locate certain fiber optic facilities within City street right-of-way, upon the terms and conditions set forth therein; WHEREAS, the Original Agreement provided for the cable routes as indicated in the map attached as Exhibit "C", attached thereto and incorporated therein by reference; WHEREAS, DISD desires to add certain cable routes to that provided in Exhibit "C" to the Original Amendment, and the City is amenable to same; WHEREAS, DISD and City further desire to amend the Original Agreement as concerns the requirements of performance bonds and other matters, to which the parties are amenable to such amendments; AID M ( g. 2 of 54) WHEREAS, the CITY and DISD are local governmental entities, both of whom have the authority to perform the services set forth in this Agreement individually and who mutually desire to enter into an interlocal cooperation agreement, as provided for in Chapter 791 of the Texas Government Code (Vernon 2004) in order to maximize the benefits to the citizens of Denton, Texas derived from public funds; WHEREAS, there is a valid governmental purpose served by this Agreement by DISD to use City right-of-way to provide high technology communications capability and connectivity for the DISD in order that DISD may interconnect its facilities to provide enhanced services to the students of DISD, as well as to DISD's support and administrative functions; WHEREAS, the CITY and DISD agree that all payments made in connection with the governmental functions provided for by this Agreement shall be made from current revenues available to the paying party and that the payments received are adequate and fairly compensate the parties for the use of the street right-of-way; and WHEREAS, the Interlocal Cooperation Act, as set forth in Chapter 791 of the Texas Government Code (Vernon 1994), authorizes the CITY and DISD to enter into this Agreement for the purpose of achieving the governmental functions and providing the services represented by this collective, cooperative undertaking. 1AMENDMENT (Pg. 3 of 54) NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of such being acknowledged by the City and DISD, the City and DISD hereby agree to amend the Original Agreement as follows: 1. Paragraph D. of Article IV, CONSIDERATION TO BE PAID BY DISD TO THE CITY, is deleted in its entirety and replaced with the following: D. This Interlocal Cooperation Agreement is based on the cable routes indicated on the map in Exhibit "C", attached to this Agreement, and made a part hereof by reference, and Exhibit "C-1", attached to Amendment No. 1 hereof and made a part by reference. Cable routes indicated on Exhibit "C" and Exhibit "C-1" shall not be approved unless a permit for installation is obtained from the City Engineer pursuant to Article VI of the Original Agreement, as amended hereof. Future expansion of DISD cable routes, beyond those indicated on Exhibit "C" and Exhibit "C-1" hereof, shall be administered by supplemental amendments to the Original Agreement, on a case by case basis, inclusive of potential adjustments to payment considerations commensurate with such system expansions. 2. Paragraph A. of Article V, TERMINATION OF AGREEMENT, is deleted in its entirety and replaced with the following: A. DISD may voluntarily terminate this Agreement at any time upon giving to the CITY one hundred eighty (180) days written notice of such intention to terminate; 1AMENDMENT (Pg. 4 of 54) provided, however, that CITY and DISD agree that if DISD terminates this Agreement prior to the five (5) year extended term set forth in ARTICLE III, above, DISD will pay CITY a termination fee as specifically set forth below: Termination Fee will be 25% of the then in effect annual payment. 3. Article XII, PERFORMANCE BOND shall be deleted in its entirety and replaced with the following: ARTICLE XII PERFORMANCE BOND DISD shall comply with the provisions of Chapter 2253 of the Texas Government Code, including without limitation, Section 2253.021, regarding the requirement of payment and performance bonds. DISD shall file a copy of the payment and performance bonds with the City. 4. Exhibit "C-1", as attached hereto and made a part hereof, is hereby added to, and made a part of, the Original Agreement. 5. Except as expressly amended hereby, all terms and provisions of the Original Agreement shall remain valid and subsisting as originally provided. CITY OF DENTON, TEXAS A Texas Municipal Corporation BY: MARK A. BURROUGHS, MAYOR IAMENDMENT (Pg. 5 of 54} ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: DENTON INDEPENDENT SCHOOL DISTRICT BY: ATTEST: BY: APPROVED AS TO LEGAL FORM: BY: AID ENT (g. 6 of 54} xhibit C-Page 1 of 25 Exhibit C (Pages Exhibit-24) 5 ~ V I ~ _ G1 / I 1 s A II ~ I ` ! J Ti 1 1 11 1 I . ~ t l I I-~ i I t y ~ ~I k s I PK-An lT Alexander Ut ,-y ee Inc DENTON ISD FIBER OPTIC CABLE ROUTE SCALE : NTS I DATE: 04/27/04 1 SHEET NUMBER: . INDEX, N EE W DENTON ISD Alexander Utility Engineering, Inc. FIBER OPTIC. CABLE SCALE :1" = 800' DATE: 04/27/04 SHEET NUMBER: 01 JAID (g. 8 of 54) I Exhibit C-Page 3 of 25 i% C) NATATORIUM N CITY LIMITS SEE SHEET 06- SCALE :1" = 800' DENTON ISD DATE: 04/27/04 AICXandcr Utili Inc. SHEET NtlM8ER ~ ~ FIBER OPTIC FABLE ROUTE =ENDMENT (g. 9 of 54} ,r9 i CITY LIMITS xhibit C-Page 4 of 25 J i r l l • f ~ ~ i i HODGE ELEM F- U EE i SEE SHEET 07 SCALE :1" = Boo' DENTON ISD DATE: 04/27/04 Alexander Utili En im FABER OPTIC CABLE. ROUTE SHEET NUMBER: lrvp+iOUuBU~lraiai&n' Ts~erk4oromaeia~foe~ .4. , 03 AMENDMENT (g. 10 of 54) Exhibit C-Page 5 of 25 me+~ ar Alexander Utility S glupering,1w Ymfirakai-Eat ~~tCoounferiem -4..__. NEWTON RAYZOR LLEM DENTON. 1SD FIBER OPT cA.BLE. ROUTE SCALE :1" = Boa' DATE: D4l27104 SHEET NUMBER: JAID (g. 1 1O xhibit C- age 6 Of 25 SEE SHEET 01 4 . Fc: j- 'Vhf 1 i ~ % i TR ! CKLAND MIDDLE i77 216 3 i} a o F- ti r { w w a' HIM a ~s I LL-11 r CN SEE SHEET 09 ~r SCALE :1" = 800' pX&P~ ,r DE1M TON - ISD DATE: 04/27/04 Alexander UtiUty ER&! Ier!rbg, Inc. SHEET NUMBER: t~ FIBER OPTIC C'ABL 1~0LITE AID (g. 12 Of 54) xhibit C-Page 7 Of 25 SEE SHEET 02 i { LSON LEM ti 0 w A„ SEE SHEET 10 SCALE W' = 800' DENT ON ISD DATE: 04/27/04 u ,A EIIi IF]C. SHEET NUMBER: MGM FIBER OPTIC CABLE ROUTE 06 JAMENDMENT (g. 13 of 54} xhibit C-Page 8 of 25 SEE SHEET 03 _ i CITY LIMITS ~i T U SFF SHFFT 11 SCALE :1" = 800' ,"„IIM„ DENTON ISD; . DATE: 04/27/04 Alexander Ut hty Engineering, Inc. - SHEET.-NUMBER, FIBER OPTIC CAP. RaU 'E 7 AMENDMENT ( g. 14 of 54} xhibit C-Page 9 of 5 SEE SHEET 04 i HM FF I E~ I, ENTON l J III A LEI I ELL I J= ITH ~I . E ® ' U IF7fl SEE' SHEET 12 SCALE :1" = 800' DENTON ISD. DATE: 04/27/04 Alexf n&r U El~g riCCTlrig, lC. SHEET NUMBER: a taommrior ~ FIBER OPTIC 'C'ABLE ROUTE x ..,..-,our. m 0 P0.6PwNE0 LY Alexander Utility Engineering, Inc. Profcmiar l Ea&ccring Service-Ekctdc BDw t Conununiutioac SEE SHEET 13 DENTON ISD FIBER OPTIC CABLE ROUTE SCALE :1" = 800' DATE: 04127104 SHEET NUMBER: 09 PR6PA uo 1T i`. Alexander Utility Engineering, Inc. Pm(wluml F.n`uuerioe Servi-Ekcaic Puxxr k Cnmmuni-a m SEE SHEET 14 DENTON ISD FIBER OPTIC CABLE ROUTE SCALE : 1 " = 8Q+_' DATE: Dai27/0.' SHEET NUMBEF: 10 SEE SHEET 15 DENTON ISD FIBER OPTIC CABLE ROUTE SCALE :1" = 800' DATE: 04/27/04 1 SHEET NUMBER: 11 aserwaen 'r _ Alexander Utility Engineering, Inc, /mow Profouiowl Eoalueeriog ScM ELe w(a Power & Com wii=iom ENDMENT (g. 18 of 54 0 i~. i .i BOL7AN EE M Exhibit C-Page 13 of 25 DENTON ISD Alexander Utility Engineering, Inc. Pmf swmll Enginceriag &Mm-Electric Power k Gommuoiwiloas FIBER OP TIC CABLE ROUTE i SCALE = 800 DATE: 04/27/04 SHEET NUMBER: 12 SEE SHEET 36 (14- DENTON ISD SCALE W' = 800' FIBER OPTIC CABLE ROUTE I DATE: Q4/27/04 SHEET NUMSER: 13 P11CPwnlL 1Y i`. Alexander Utility Engineering, Inc. PmrmimW Payio ring Servim -Ekcttie Power & Cnmmunk wow P0.PPARPA 0.Y Alexander Utility Engineering, Inc. Pmfmiaad Engineering Ser4m-Ekcaic Power do Cca uaiatiaa SEE SHEET 17 DENTON ISD FIBER OPTIC CABLE ROUTE SCALE :1" = 800' HATE: 04/27/04 SHEET NUMBER: 14 SEE SHFFT 1S DENTON ISD FIBER OPTIC CABLE ROUTE SCALE :1" = 800' I DATE: 04/27/04 I SHEET NUMBER: 15 Pe6Pwlteo PY _ Alexander Utility Engineering, Inc. Pmf-mi.aWEegi-AgServices-Ekcuic Pnwer~Cnmmwucstiem ENDMENT (g. 22 of 54 CITY PARK CITY PARK Exhibit C-Page 17 of 25 r CITY PARK Alexander Utility Engineering, Inc. PM&Miuw F-v Savxea-Eixaia Pe+wkComm~~^~.=;~ SEE 'SHEET 20 DENTON ISD FIBER OPTIC CABLE ROUTE SCALE :t" = 800' GATE: 04/27/04 SHEET NUMBER: 16 SFF SHFFT 21 DENTON ISD FIBER OPTIC CABLE ROUTE SCALE :1" = 800' DATE: 04/27/04 SHEET NUMBER: 17 vRe'A lY _ Alexander Utility Engineering, Inc, ~~i Pm(essiaml Eagiaeeriag &rvim-Ekcviic Pow & Commuaicotioae EDWARDS SEE SHEET 22 SCALE :1" = 800' Pge,~~,Y DENTON ISD DATE: 04/27/04 Alexander Utility Engineering, Inc, SHEET NUMBER: Pro4ssiond En$La riag &nie Ek4Wc Power R Com mkadoas FIBER OPTIC CABLE ROUTE 18 pRepa Seo ~T Alexander Utility Engineering, Inc. Pmkuioml Eugj=dnj ScrviarEkdrk Power & CommunitWbm DENTON ISD FIBER OPTIC CABLE ROUTE SCALE :1" = 800' I DATE: 04/27/04 I SHEET NUMBER: 19 ENDMENT (g h RI N E M 54 vrterwaeo er Alexander Utility Engineering, Inc. Pmfevion4 Eogio riog ScmiO Eiccujc Power k Commo^jcmfi SEE SHEET 23 SCALE :1" = 800' DENTON ISD DATE: 04i27ioa FIBER OPTIC CABLE ROUTE SHEET NUMBER: 20 Pgq►u~[a qY Alexander Utility Engineering, Inc. Pmfeccioae ftiaccriag 3cMots-Eku4X Power k communkuWaf ntt i L'1 DENTON ISD FIBER OPTIC CABLE ROUTE SCALE :1" = 800' I DATE: 04/27/04 1 SHEET NUMBER: 21 Exhibit C-Page 23 of 25 CROWNOVER MIDDLE SCALE :1" = 800` PltBPA•°"nY DENTON ISD DATE; 04/27/04 Alexander Utility Engineering, Inc. SHEET NUMBER: Pmftv~~~ridg Serv~-Ele~Powr&60mm--• FIBER OPTIC CABLE ROUTE 22 Okel u- IT Alexander Utility Engineering, Inc. PrAmiood FAgiueeriog ServiewEkcCe Power d Cummuniculans DENTON ISD FIBER OPTIC CABLE ROUTE SCALE :1" = 800' DATE: 04/27/04 SHEET NUMBER: 23 0 Alex Alexander Utility Engineering, Inc. 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AGENDA INFORMATION SHEET AGENDA DATE: October 19, 2010 DEPARTMENT: Water Utilities UTILITIES ACM: Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance finding that a public purpose and necessity exists to acquire sanitary sewer easements and temporary constriction easements and authorizing the acquisition through agreement or eminent domain of variable width sanitary sewer easements and variable width temporary constriction easements on the hereinafter described parcels of real property situated in the City and County of Denton, Texas, and all being embraced within the limits of the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185 and the Hiram Sisco Survey, Abstract Number 1184 for the installation of utilities relating to the "Pecan Creek Interceptor- Phase 11 Project"; providing a severability clause; providing an effective date. The Public Utility Board recommends approval (6-0). BACKGROUND The Pecan Creek Interceptor - Phase II Project (the "Project") provides for the constriction of a new sanitary sewer line to replace an existing line. This is the second phase of what will be a new and larger capacity sanitary sewer that will ultimately be constricted from Newton Rayzor Elementary School to a point approximately 3,000 feet east of Woodrow Lane adjacent to Pecan Creek. There are ten property owners (transactions) in this second phase, some of which own several of the easement tracts needed to complete the Project. Additionally, a pipeline crossing license is required to constrict the Project across Union Pacific Railroad Company right of way. The Project will also cross City of Denton Parks Department property which will require a Texas Parks and Wildlife Code - Chapter 26 Public Hearing. Staff will endeavor to successfully negotiate the ten transactions (with nine Permanent Sanitary Sewer Easements and ten Temporary Constriction Easements), however, one or more of the transactions may require eminent domain proceedings to acquire. OPTIONS 1. Recommend that the City Council approve the proposed Ordinance. 2. Not recommend that the City Council approve the proposed Ordinance. 3. Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) September 27, 2010 - The Public Utility Board recommends approval (6-0). FISCAL INFORMATION This Project is being constricted with utility bond funds. BID INFORMATION The Pecan Creek Interceptor- Phase 11 Project will be bid in March, 2011. Constriction for the Project is estimated to begin in June, 2011. EXHIBITS 1. Ordinance 2. Location Map 3. Property Ownership Roster 4. PUB Minutes Respectfully submitted, Frank G. Payne, P.E. City Engineer Prepared by, Pa4,J- td J-a4v~e~ Paul H. Williamson Real Estate Manager EXHIBIT 1 salegallour documentslordinances1101pecan creek interceptor phase ii - ordinance.doc ORDINANCE NO. 2010- AN ORDINANCE FINDING THAT A PUBLIC PURPOSE AND NECESSITY EXISTS TO ACQUIRE SANITARY SEWER EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS AND AUTHORIZING THE ACQUISITION THROUGH AGREEMENT OR EMINENT DOMAIN OF VARIABLE WIDTH SANITARY SEWER EASEMENTS AND VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENTS ON THE HEREINAFTER DESCRIBED PARCELS OF REAL PROPERTY SITUATED IN THE CITY AND COUNTY OF DENTON, TEXAS, AND ALL BEING EMBRACED WITHIN THE LIMITS OF THE BUFFALO BAYOU, BRAZOS AND COLORADO RAILROAD COMPANY SURVEY, ABSTRACT NUMBER 185 AND THE HIRAM SISCO SURVEY, ABSTRACT NUMBER 1184 FOR THE INSTALLATION OF UTILITIES RELATING TO THE "PECAN CREEK INTERCEPTOR - PHASE II PROJECT"; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, after due consideration of the public interest and the use and benefit to accrue to the City of Denton, Texas; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Council finds that a public purpose and necessity exists, and that the public welfare and convenience require, and the City of Denton, Texas does hereby exercise its home-rule and statutory authority to acquire by agreement or through eminent domain, variable width permanent and perpetual sanitary sewer easements; and certain temporary construction easements, over, under, and across the subject tracts described in Attachment "1" attached hereto and made a part hereof by reference (hereafter the "Easements"). The project is referred to as the "Pecan Creek Interceptor - Phase II Project." The City Council hereby finds and determines that the acquisition of the Easements through agreement or eminent domain is for a public purpose to provide public utilities, to serve the public and the citizens of the City of Denton, Texas. SECTION 2. The City Attorney, or her designee, shall have the authority to do all things necessary and appropriate to acquire the Easements through agreement or by eminent domain. The City Council delegates to the City Attorney, or her designee, the details of accomplishing this objective including, but not limited to, obtaining final surveys, title insurance, engineering matters, title search, formulating and presenting offers, proper documentation, and filing and prosecuting eminent domain proceedings. SECTION 3. If any section, article, paragraph, sentence, phrase, clause or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2010. MARK A. BURROUGHS, MAYOR ATTESTED: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: Li L 31~df~ %-A a . Ordinance Attachment "1" Sheet 1 Of 36 rthur Surveying Co., Inc. Professional Lard Suz-veyors P.O. Box 54 Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 30' SANITARY SEWER EASEMENT 0.203 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to NIBS Seed Ltd. Company, recorded under County Clerk's File Number 95-R0019880 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the west line of said MBS Seed tract from which a %z inch iron rod found at the northwest corner thereof and the southwest corner of that certain tract of land described in deed to R. T. Harpool, "Tract No. 2", recorded in Volume 3417, Page 192 of the Deed Records of Denton County, Texas, bears North 00 degrees 47 minutes 58 seconds West, a distance of 47.82 feet, said point also being in the east line of Bell Place, a public roadway; THENCE over, across and through said MBS Seed tract the following two (2) calls: South 46 degrees 10 minutes 43 seconds East, a distance of 222.85 feet to a point for corner; North 89 degrees 52 minutes 13 seconds East, a distance of 74.51 feet to a point in the west line of a T. & P. Railroad right-of-way; THENCE South 00 degrees 15 minutes 11 seconds West, with the west line of said T. & P. Railroad right-of-way, a distance of 30.00 feet to a point for corner; THENCE over, across and through said MBS Seed tract the following two (2) calls: South 89 degrees 52 minutes 13 seconds West, a distance of 86.42 feet to a point for corner; North 46 degrees 10 minutes 43 seconds West, a distance of 205.35 feet to a point in the east line of said Bell Place; THENCE North 00 degrees 47 minutes 58 seconds West, with the east line of said Bell Place, a distance of 42.15 feet to the POINT OF BEGINNING, and containing 0.203 acres of land, more or less. c:1200&codlpecw creek interceptor 31dwg1291169_esmt6-revised-2.doc Ordinance AttachmeA Sheet 2 of 36:: rthur Surveying Co., Inc. .Professional Land Surveyors P.O. Box 54 Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 TEMPORARY CONSTRUCTION EASEMENT 0166 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to MBS Seed Ltd. Company, recorded under County Cleric's File Number 95-R0019880 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the west line of said MBS Seed tract from which a %2 inch iron rod found at the northwest corner thereof and the southwest corner of that certain tract of land described in deed to R. T. Harpool, "Tract No. 2", recorded in Volume 3417, Page 192 of the Deed Records of Denton County, Texas, bears North 00 degrees 47 minutes 58 seconds West, a distance of 8997 feet, said point also being in the east line of Bell Place, a public roadway; THENCE over, across and through said MBS Seed tract the following two (2) calls: South 46 degrees 10 minutes 43 seconds East, a distance of 205.35 feet to a point for corner; North 89 degrees 52 minutes 13 seconds East, a distance of 86.42 feet to a point in the west line of a T. & P. Railroad right-of-way; THENCE South 00 degrees 15 minutes 11 seconds West, with the west line of said T. & P. Railroad right-of-way, a distance of 35.15 feet to a point for corner; THENCE over, across and through said MBS Seed tract the following six (6) calls: North 87 degrees 03 minutes 30 seconds West, a distance of 40.45 feet to a point for corner at the beginning of a curve to the right having a radius of 146.84 feet; Continuing with said curve an arc length of 14294 feet, having a delta angle of 55 degrees 46 minutes 26 seconds, whose chord bears North 59 degrees 39 minutes 15 seconds West, a distance of 137.37 feet to a point for comer; North 37 degrees 26 minutes 10 seconds West, a distance of 27.95 feet to a point for corner; North 44 degrees 48 minutes 56 seconds West, a distance of 42.16 feet to a point for corner; North 40 degrees 16 minutes 18 seconds West, a distance of 36.08 feet to a point for corner; cA20081cod\pomn creels interceptor 31dwg1291169_esmt6-revised-2.doc Ordinance Attachment 61" Sheet 3 of 36 rthur Surveying Co., Inc. ProaFessio-nal Zand Surveyors P.O. Box 54 Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 North 86 degrees 23 minutes 37 seconds West, a distance of 5.10 feet to a point for corner in the east line of said Bell Place; THENCE North 00 degrees 47 minutes 58 seconds West, with the east line of said Bell Place, a distance of 25.72 feet to the POINT OF BEGINNING, and containing 0.166 acres of land, more or less. 411 c:120081codlpecan creek interceptor 3ldwg1291169_esmt6-revised-2.doc NORTH 60 0 60 Basis of beoring is based on the City of Denton CIS network. i 11 /2 1 R F. Ni11~- 00 ROB ROB ~ a L al ~ East McKinney Street (Variable width R.O. W.) Buffalo Bayou, Brazos & Colorado Railroad Company Survey, Abst. No. 185 City of Denton Denton County, Texas -2010- 1Z 0 W r hur Surveying Co., Inc. Professional Land Surveyors 972-221-9439 Fax 972-221-4675 220 Elm Street, Suite 200 P_O. Box 54 Lewisville, Teams 75067 Tract No. 2 R. T. Harpool Vol. 3417, Pg. 192 N89'1 1'43"E 236.89' r/2`~IZf MBS Seed Ltd. Company C.C. No. 95-80019880 N Sri S NI U- 0.203 Acres J. N'o- ~ 2s9 srs ~5~~ o¢ S89 52'13 W 9 S•Cs26h 86.42' ~r Tract No. 1 R. T. Harpool 13 2 94 L5 Vol. 3417, Pg. 192 3?' LINE TABLE LINE BEARING LENGTH L1 N8952'13"E 74.51' L2 S00"I5'11 "W 30.00' L3 NOD'47`58"W 42.15' L4 SD0'15'11 "W 35.15' L5 N87'03'30"W 40.45' L6 N3726'1 0"W 27.95' L7 N4448'56"W 42.16' L8 N40`16'18°W 3.6.08'. L9 N86'23'37"W 5.10' L10 NOO'47'58"W 25.72' W o~ 0 I Q%2MKCEOI WW QW" INT6RCE T(M 3W.G~291169_Rap116-IYVk1C-2.tl.e I9141=0 HAWS MI I \ I Ordinance Attachment "1" Sheet 5 of 36 rthur Surveying Co., Inc. Fttmafessivxtal -,and Suz-veyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 30' SANITARY SEWER EASEMENT 0.201 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to J. Rafael Toledo and Cecilia Toledo, recorded under Instrument Number 2005-84379 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the east line of said Toledo tract from which the southeast corner thereof and the northeast corner of that certain tract of land described in deed to Thomas Edward Hook, recorded in Volume 2390, Page 21 of the Deed Records of Denton County, Texas, bears South 00 degrees 28 minutes 53 seconds East, a distance of 75.30 feet, said point being in the west line of Frame Street, a public roadway; THENCE over, across and through said Toledo tract the following two (2) calls: North 78 degrees 16 minutes 16 seconds West, a distance of 126.08 feet to a point for corner; North 89 degrees 47 minutes 00 seconds West, a distance of 165.57 feet to a point in the east line of T_ & P. Railroad right-of-way; THENCE North 00 degrees 24 minutes 14 seconds East, with the east line of said T. & P. Railroad right-of-way, a distance of 30.00 feet; THENCE over, across and through said Toledo tract the following two (2) calls: South 89 degrees 47 minutes 00 seconds East, a distance of 168.49 feet to a point for corner; South 78 degrees 16 minutes 16 seconds East, a distance of 122.61 feet to a point in the west lute of said Frame Street; THENCE South 00 degrees 28 minutes 53 seconds East, with the west line of said Frame Street, a distance of 30.69 feet to the POINT OF BEGINNING, and containing 0.201 acres of land. more or less. 4 c:120081codlpe= creek interceptor 31dwg1291169_esmt5-revised.dm Ordinance Attachment "1" Sheet 6 of 36 Arthur Surveyiq Co.) Y Inc. Professionaj Zane Surveyors P.O. Box 54 Lewisville, Tex s 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 30' TEMPORARY CONSTRUCTI N EASEMENT 0.200 ACRES CITY OF DENTON, DENTON CO , TEXAS BEING all that certain, lot, tract or parcel of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185, City of Denton, Denton County, Texas, and being a part of that certain tract of land dese bed in deed to J. Rafael Toledo and Cecilia Toledo, recorded under Instrument Number 2005-84379 of the Real Property Records of Denton County, Texas, and being more particularly descri d as follows: BEGINNING at a point in the east line of said Toledo tract from which the southeast corner thereof and the northeast corner of that certain tract of land described in deed to Thomas Edward Hook, recorded in Volume 2390, Page 21 of the Deed Records of Denton County, Texas, bears South 00 degrees 28 minutes 53 seconds East, a distance of 105.99 feet, said point being in the west line of Frame Street, a public roadway; THENCE over, across and through said Toledo tract the North 78 degrees 16 minutes 16 seconds West, a corner, two (2) calls: of 122.61 feet to a point for North 89 degrees 47 minutes 00 seconds West, a east line of T. & P. Railroad right-of-way; THENCE North 00 degrees 24 minutes 14 seconds Railroad right-of-way, a distance of 30.00 feet; THENCE over, across and through said Toledo tract the South 89 degrees 47 minutes 00 seconds East, a corner; South 78 degrees 16 minutes 16 seconds East, a west line of said Frame Street; THENCE South 00 degrees 28 minutes 53 seconds East, w a distance of 30.69 feet to the POINT OF BEGINNING, more or less. cA20081co&pecan creek interceptor 3ldwgt291169_esmt5-reviscd.doc of 168.49 feet to a point in the with the east line of said T. & P. two (2) calls: of 171.42 feet to a point for of 119.15 feet to a point in the th the west line of said Frame Street, and containing 0.200 acres of land, F ...s.~. URNJ r NORTH 60 0 60 Basis of bearing is based on the City of Denton GIS network. O c18 E" LINE TABLE LINE BEARING LENGTH L1 NOO'24'14"E 30.00' L2 SOO 28'53"E 30.69' L3 NOO24'14"E 30:00'. L4 S00'28'53"E 30.6?'..-- 1/27. R. F. 1121 R. F. (CM.) (GM) N J. Rafael Toledo & cD Cecilia Toledo Inst. No. 2005-84379 " 30' Temporary Construction Esmt. o Z 0.200 Acres z S89'47'00"E 171.t2 578'16'16 . ` 119 15, S89'47'00"E 168.49' ft~ -,ft 30' unitary Sewer Esmt. 0201,4 cres N89 47`00"W 165.57' N7876•1 :r 0 0 My ~I Thomas Edward Hook o Volume 2390, Page 21 (0 N87'53'2$"W 291.11' X'FND. (GU.) EAST McKINNEY STREET Buffalo Bayou, Brazos & Colorado Railroad Company Survey, Abst. No. 185 City of Denton Denton. County, Texas -2010- 122.6j N n 4 126, O8, o~ rn a 570 n LV tfj p I~ O \ cn P. o. B. C E m v a 55 0 w~ o Wv VW/r VNM,,F--- / Arthur Surveying Co., Inc. PYofessional Land Surveyors 972-221-9439 - Fax 972-221-4675 220 Film Storer, Suite 200 - P.O. Box 54 Lewisc lle, Texas 75087 Ordinance Attachment "I" Sheet 8 of 36 rthur Surveying Co., Inc. Professional Y,and Sur-veyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 30' SANITARY SEWER EASEMENT 0.376 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Khosrow Sadeghian, recorded under Instrument Number 2002-99899 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the east line of said Sadegbian tract and the west line of that certain tract of land described in deed to Landy L. Mulkey Irrevocable Family Trust, dated May 22, 1984, Patricia Klammer, Trustee, recorded under Instrument Number 2005-41779 of the Real Property Records of Denton County, Texas, and from which a Y2 inch iron rod found at the southeast corner of said Sadeghian tract and the northeast corner of that certain tract of land described in deed to Gustavo Torrez and wife, Luz V. Torrez, recorded under County Clerk's File Number 97-R0082959 of the Real Property Records of Denton County, Texas, bears South 00 degrees 21 minutes 28 seconds West, a distance of 62.48 feet; THENCE over, across and through said Sadeghian tract the following two (2) calls: South 67 degrees 44 minutes 45 seconds West, a distance of 313.67 feet to a point for corner; North 79 degrees 33 minutes 27 seconds West, a distance of 231.92 feet to a point in the east line of Frame Street, a public roadway; THENCE North 00 degrees 09 minutes 16 seconds West, with the east line of said Frame Street, a distance of 30.52 feet to a point for corner; THENCE over, across and through said Sadeghian tract the following two (2) calls: South 79 degrees 33 minutes 27 seconds East, a distance of 228.74 feet to a point for corner; North 67 degrees 44 minutes 45 seconds East, a distance of 317.37 feet to a point in the west line of said Mulkey Family Trust tract; THENCE South 00 degrees 21 minutes 28 seconds West, Family Trust tract, a distance of 32.50 feet to the POINT 0.376 acres of land, more or less. c:120081cod1peean creek Wwroeptor Adwg1291 with the west line of said Mulkey OF BEGINNING. and containina Ordinance Attachment "1" Sheet 9 of 36 rthur Surveying Co., Inc. RrofessiOna l Land Surveyors P.O. Box 54 n- Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 30' TEMPORARY CONSTRUCTION EASEMENT 0.360 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Khosrow Sadeghian, recorded under Instrument Number 2002-99899 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the east line of said Sadeghian tract and the west line of that certain tract of land described in deed to Landy L. Mulkey Irrevocable Family Trust, dated May 22, 1984, Patricia Klammer, Trustee, recorded under Instrument Number 2005-41779 of the Real Property Records of Denton County, Texas, and from which a 1/2 inch iron rod found at the southeast corner of said Sadeghian tract and the northeast corner of that certain tract of land described in deed to Gustavo Torrez and wife, Luz V. Torrez, recorded under County Clerk's File Number 97-R0082959 of the Real Property Records of Denton County, Texas, bears South 00. degrees 21 minutes 28 seconds West, a distance of 94.98 feet; THENCE over, across and through said Sadeghian tract the following two (2) calls: South 67 degrees 44 minutes 45 seconds West, a distance of 317.37 feet to a point for corner; North 79 degrees 33 minutes 27 seconds West, a distance of 228.74 feet to a point in the east line of Frame Street, a public roadway; THENCE North 00 degrees 09 minutes 16 seconds West, with the east line of said Frame Street, a distance of 14.59 feet to a point for the southwest corner of that certain tract of land described in deed to Millard F. Thorp, recorded in Volume 2710, Page 553 of the Deed Records of Denton County, Texas; THENCE South 89 degrees 22 minutes 24 seconds East, with the south line of said Thorp tract, a distance of 91.84 feet to a point for corner; THENCE over, across and through said Sadeghian tract the following two (2) calls: South 79 degrees 33 minutes 27 seconds East, a distance of 132.13 feet to a point for corner, North 67 degrees 44 minutes 45 seconds East, a distance of 321.06 feet to a point in the west line of said Mulkey Family Trust tract; 62009\W&pecan creek interceptor 31dwg1291169 esmt4-revised.doc Ordinance Attachment "1" Sheet 20 of 36 rthur Surveying Co., Inc. Professional Land Surveyors P.O. Box 54 Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 THENCE South 00 degrees 21 minutes 28 seconds West, with the west line of said Mulkey Family Trust tract, a distance of 32.50 feet to the POINT OF BEGINNING, and containing 0.360 acres of land, more or less. c:1200ftc pe= creek interceptor 31dwg1291169 nmt4-revised.doc NORTH 100 0 100 Feet Basis of bearing is based on the City of Denton GS network. LINE TABLE LINE BEARING LENGTH L1 N0009'16"W 30.52' L2 S00'21'28"W 32.50' L3 N00'09'16"W 14.59' L4 S89'22'24" E 91.84' L5 S79'33'27"E 132.13' L6 S00 21'28"W 32.50' L7 S00'21'28"W 62.48' L8 S89 26'01 "E 147.09' L9 S89'51'48"E 76.57' L10 N76'40'09"E 76.97' L11 N6439'10"E 76.16' L12 N6723'25"E 57.41' L13 N71 *34'53"E 35.18' L14 N64 46'00"E 70.74' Lot 1, Block IR Frame Addition Cabinet K, Page 204 Khosrow Sadeghian ~ Inst. No. 2002-99899 (Remainder) 0 N8932'59"W 294.92' w 7RF - Or/22R.F , 000~ -1 CL a to X u) 30' Temporary rGw.) 3210, Millard F. Thorp Construction Esmt. 00 Vol. 2710, Pg. ss 0.360 Acres -Ar >.031~ ~CQeS ° o ,q5 E p3'1'~ a~ z_ L4 ::4 S 9:33 27pE N, ~ vls 6~ rGU) 0z 228 74, See 3 14 1R.F. a 000, A15 ~ 7Z17 ng 33~27~~/ 301 S6~•h 41a 1~F /21.R.F. N 231,92. o rid °3 L1j r/~x~- R.F o Gustavo Torrez & wife, fl L8 _ 9 L} Luz V. Torrez F' C.C. No. 97-R008295~ Ar AW Fnd - - - - (fix) EAST MCKINNEY STREET ~f FQ'` .C. .y~ o„............. W. THAT, :U`RLEY 111 ~''Q90 se J2 -4 '9,x;0 ~;F~sp~ y0 SU Buffalo Bayou, Brazos & Colorado Railroad Arthur Surveying Co., I fic. Company Survey, Abst. No. 185 Professional Land Surveyors City of Denton 972-221-9439 - Fax 972 221-4675 Denton. County, Texas 220 Floc st-el; suite 200 - P O. Box 54 - 2010 - I_.ewisville, Texas 750167 G~ZOGB\L~'WECW CREEK r1iTERCEPTBR 3\tlp\89Q769_eaei4Aap t./~12010 LM1N6 MF CM m M ei rD a r M L Ordinance Attachment "1" Sheet 12 of 36 rthur Surveying Co., Inc, Pxvfessic naF band Surveyors P.O. Box 54 Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 30' SANITARY SEWER EASEMENT 0.108 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Gregory R. Coward, recorded under Instrument Number 2010-60515 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the west line of said Coward tract, and the east line of that certain tract of land described in deed to Khosrow Sadeghian, recorded under Instrument Number 2002- 99899 of the Real Property Records of Denton County, Texas, and from which a'/2 inch iron rod found at the southeast corner thereof and the northeast corner of that certain tract of land described in deed to Gustavo Torrez and wife, Luz V. Torrez, recorded under County Clerk's File Number 97-ROO82959 of the Real Property Records of Denton County, Texas, bears South 00 degrees 21 minutes 28 seconds West, a distance of 62.48 feet; THENCE North 00 degrees 21 minutes 28 seconds East, with the east line of said Khosrow tract, a distance of 32.50 feet to a point for corner; THENCE over, across and through said Coward tract the following two (2) calls: North 67 degrees 44 minutes 45 seconds East, a distance of 59.85 feet to a point for corner; South 90 degrees 00 minutes 00 seconds East, a distance of 95.20 feet to a point in the west line of that certain tract of land described in deed to Hamed Mazrouei, recorded under. Instrument Number 2008-64588 of the Real Property Records of Denton County, Texas; THENCE South 00 degrees 03 minutes 11 seconds West, with the west line of said Mazrouei tract, a distance of 39.58 feet to a point for corner; THENCE over, across and through said Coward tract the following three (3) calls: North 47 degrees 58 minutes 37 seconds West, a distance of 14.31 feet to a point for corner; North 90 degrees 00 minutes 00 seconds West, a distance of 78.63 feet to a point for corner; 0200fto ftecan creek interceptor 31dwg1291169_esmt3_revised.doc Ordinance Attachment "1° Sheet 13 of 36 rthur Surveying Co., Inc. Rrolbssib.u. I Land Surveyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 . South 67 degrees 44 minutes 45 seconds West, a distance of 66.45 feet to the POINT OF BEGINNING, and containing 0.108 acres of land, more or less. 6 dRA a,~P STe; ~Q W. >N, TMEY III SV c_1200fto ftecan creek interceptor Adwg1291169_esmt3_revised.doc Ordinance Attachment °1" Sheet 14 of 36 rthur Surveying Co., Inc. l'rofessio.nal ,and Surveyors P.O. Box 54 Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 30' TEMPORARY CONSTRUCTION EASEMENT 0.107 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Gregory R. Coward, recorded under Instrument Number 2010-60515 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the west line of said Coward tract, and the east line of that certain tract of land described in deed to Khosrow Sadeghian, recorded under Instrument Number 2002- 99899 of the Real Property Records of Denton County, Texas, and from which a'/z inch iron rod found at the southeast corner thereof and the northeast corner of that certain tract of land described in deed to Gustavo Torrez and wife, Luz V. Torrez, recorded under County Clerk's File Number 97-R0082959 of the Real Property Records of Denton County, Texas, South 00 degrees 21 minutes 28 seconds West, a distance of 94.98 feet; THENCE North 00 degrees 21 minutes 28 seconds East, with the east line of said Khosrow tract, a distance of 32.50 feet to a point for comer; THENCE over, across and through said Coward tract the following two (2) calls: North 67 degrees 44 minutes 45 seconds East, a distance of 53.26 feet to a point for corner; South 90 degrees 00 minutes 00 seconds East, a distance of 101.12 feet to a point in the west line of that certain tract of land described in deed to flamed Mazrouei, recorded under Instrument Number 2008-64588 of the Real Property Records of Denton County, Texas; THENCE South 00 degrees 03 minutes 11 seconds West, with the west line of said Mazrouei tract, a distance of 30.00 feet to a point for corner; THENCE over, across and through said Coward tract the following two (2) calls: North 90 degrees 00 minutes 00 seconds West, a distance of 95.20 feet to a point for corner; South 67 degrees 44 minutes 45 seconds West, a distance of 59.85 feet to the POINT OF BEGINNING, and containing 0.107 acres of land, more or less. c:120081codlpecan creek mt=eptor 31dwg1291169 esmt3_revised.doc Ordinance Attachment "1" NORTH Sheet 0 of 36 40 0 40 Feet Basis of bearing is based on the City of Denton GIS network. t , P.O.B. ~~~~or 0g0 0 r~4 0~ ~S1 yti0 P.O.B. r N~ 0) ~ N O N Vim) ;V CN O ! O 1/2 I R.F (GAL) i Gustavo Torrez & wife, Luz V. Torrez C.C. No. 97-R0082959 - - 00000 rv90.00'00nw .00 q,5"w 75.63' 00, AAr 56l roOrq Gregory R. Coward Inst. No. 2010-60515 LINE TABLE LINE BEARING LENGTH LI N00'21'28"E 32.50' L2 N47'58'37"W 14.39' L3 N00.21'28"E 32.50' L4 S00'03'11 "W 12.18' Buffalo Bayou, Brazos & Colorado Railroad Company Survey, Abst. No. 186 City of Denton Denton County, Texas -2009- 112 -1. R. F (C'u) 0° oa M W W C00/6 ~ eb 200 o' o ~ a Sss• T&. F 1DD-D !Nair Forma Arthur Surveying Co., Inc. Professional Land Surveyors 972-221-9439 - Pax 972-221-4675 220 Elm Sams, Suite 200 - P.O. Box 54 t.ewnsvflle, Texas 75067 30 Temporary L uustructlon Easement 0.107Acres S90'00'00"E 5 10 i S90.00'00"E ~A,S~E ? 95.20' N6 59 30' Sanitary Sewer Esmt 0.108 Acres Q\2WW1COLI3ECM CREIX MUMMM 3W.C`M&9_-t7-rfYW"ds I6/4/EOlO E049M M Ordinance Attachment "1" Sheet 16 of 36 rthur Surveying Co., Inc. Rrnfessaio .W Land Suz-vevors P.O. Box 54 r- Lewisville, Texas 75067 Office- (972) 221-9439 Fax: (972) 221-4675 SANITARY SEWER EASEMENT 0.212 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Hamed Mazrouei, recorded under Instrument Number 2008-64588 of the Official Public Records of Denton County, Texas, and also being a part of Lot 4, Block 7, College View Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 1, Page 13 of the Plat Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a % inch iron rod found at the most easterly northeast corner of said Mazrouei tract and the southeast corner of that certain tract of land described in deed to Margarita Turrubiartez, recorded under County Clerk's File Number 97-R0058223 of the Official Public Records of Denton County, Texas, said point being in the west line of North Bradshaw Street, a public roadway; THENCE South 00 degrees 32 minutes 26 seconds West, with the west line of said North Bradshaw Street, a distance of 19.54 feet to a 100-D Nail found for the northeast corner of that certain tract of land described in deed to William P. Phillips, Trustee, recorded under County Clerk's File Number 97-RO011423 of the Official Public Records of Denton County, Texas; THENCE North 89 degrees 10 minutes 52 seconds West, with the north line of said Phillips tract, a distance of 16.14 feet to a point for corner; THENCE over, across and through said Mazrouei tract the following two (2) calls: North 88 degrees 21 minutes 29 seconds West, a distance of 251.70 feet to a point for comer; North 47 degrees 58 minutes 37 seconds West, a distance of 81.37 feet to a point in the west line of said Mazrouei tract from which a '/z inch iron rod found bears South 00 degrees 03 minutes 11 seconds West, a distance of 12.18 feet; THENCE North 00 degrees 03 minutes 11 seconds East, with the west line of said Mazrouei tract, a distance of 39.58 feet to a point for corner; THENCE over, across and through said Mazrouei tract the following three (3) calls: South 90 degrees 00 minutes 00 seconds East, a distance of 0.86 feet to a point for comer; c:120081codlpecan creek interceptor 3ldwg1291169_esmt1-revised-2.doc Ordinance Attachment "1" Sheet 17 of 36 rthur Surveying Co., Inc. -Pra essianal -,and Surveyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 South 47 degrees 58 minutes 37 seconds East, a distance of 96.17 feet to a point for corner; South 88 degrees 18 minutes 26 seconds East, passing at a distance of 129.69 feet to a point for corner in the west line of said Turrubiartez tract; THENCE South 01 degree 29 minutes 15 seconds West, with the west line of said Turrubiartez tract, a distance of 10.11 feet to a 'W' found for the southwest corner thereof; THENCE South 88 degrees 21 minutes 29 seconds East, with the south line of said Turrubiartez tract, a distance of 126.71 feet to the POINT OF BEGINNING, and containing 0.212 acres of land, more or less. qlotiw ~-14 ..m~~ L4 UR) j ~ c:129Q8lcodlpecan creek interceptor 31dwg1291169_esmt1-revised 2.doc Ordinance Attachment "1" Sheet IS of 36 rthur Surveying Co., Inc. Professional -,axed Surveyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 TEMPORARY CONSTRUCTION EASEMENT 0.107 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Hamed Mazrouei, recorded under Instrument Number 2008-64588 of the Official Public Records of Denton County, Texas, and also being a part of Lots 4 and 5, Block 7, College View Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 1, Page 13 of the Plat Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point for corner in the west line of that certain tract of land described in deed to Margarita Turrubiartez, recorded under County Clerk's File Number 97-R0058223 of the Official Public Records of Denton County, Texas, from which a "X" found at the southwest corner thereof bears South 01 degree 29 minutes 15 seconds West, a distance of 10.11 feet, said point being at an inner "ell" corner of said Mazrouei tract; THENCE over, across and through said Mazrouei tract the following three (3) calls: North 88 degrees 18 minutes 26 seconds West, a distance of 129.69 feet to a point for corner; North 47 degrees 58 minutes 37 seconds West, a distance of 96.17 feet to a point for corner; North 90 degrees 00 minutes 00 seconds West, a distance of 0.86 feet to a point in the west line of said Mazrouei tract; THENCE North 00 degrees 03 minutes 11 seconds East, with the west line of said Mazrouei tract, a distance of 30.00 feet to a point for corner; THENCE over, across and through said Mazrouei tract the following three (3) calls: North 90 degrees 00 minutes 00 seconds East, a distance of 12.35 feet to a point for corner; South 47 degrees 58 minutes 37 seconds East, a distance of 127.58 feet to a point for corner; South 88 degrees 18 minutes 26 seconds East, a distance of 95.08 feet to a point in the west line of said Turrubiartez tract; a 120081oodlpecan creek interceptor 31dwg1291169_esmtl-revised-2.doc Ordinance Attachmerrt "1" Sheet 19 of 36 IN rthur Surveying Co., Inc. Rro.fessro-ual Lid Suz-veyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 - Fax_ (972) 221-4675 THENCE South 01 degree 29 minutes 15 seconds West, with the west line of said Turrubiatrez tract, a distance of 10-00 feet to the POINT OF BEGUNN NG, and containing 0.107 acres of land, more or less. 020081cWNpe= creek interceptor 31dwgU91169_esmt1-revised-2.doc ♦ y NORTH 60 0 60 Feet Basis of bearing is based on the City of Denton GIS network. Temporary Construction Esmt. 0.107 Acres s ~ LS Rte. . sue. : Hamed Mazrouei S ~j3 Inst. No. 2008-64588 ~cP• F S88'18'26 "E o 95.08' S8818`26" E LINE TABLE LINE BEARING LENGTH L1 S00'32'26"W 19.54' L2 N89'10'52"W 16.14' L3 N47'58'37"W 81-37' L4 NOO'03'11 "E 39.58' L5 S90'00'00"E 0.86' L6 S47'58'37"E 96.17' L7 SOt'29'15"W 10.11' L8 N00'03'11 "E 30.00' L9 N90'00'00"E 12.35' L10 501'29'15"W 10.00' Li 1 NOO'03'11 "E 12.18' Margarita -Turrub-iartez C.C. No. 97-R0058223 P O.B. ..588'21'29"-E........ P.O.B. 12fi 71' (cam} (y TX N-" 7 D F. h e- w FOUND 988"2179"W 25170' J" f~ Gregory R. Coward .................L2 Inst. No. 2010-60515 Sanitary Sewer Esmt. William P. Phillips, Trustee cN 0.212 Acres C.C. No. _ r'~ T 97-ROO11423 FOUND 0 o Hamed,.Mazrouei.. ' . . -100-0 NAIL(f) " - ~ Inst. No. 2008-64588 . I o =Hamed Mazrouei Inst. No. 2008-33533 . . O Buffalo Bayou, Brazos & Colorado Company Survey, Abst. No. City of Denton, Denton County, Texas 2009 - -2009- Railroad A rthur Surveying Co., Inc. Railroad 185 Professional Land Surveyors 972-221-9439 Fax 972 221-4675 220 Elcn Samt, Site 200 - P.O. Box 54 Lewisville, Texas 75067 129 9 QD M 0 ~n m8 nm=\Pm l! mu kRERf£PIL9e 3\a.p~291169,to~tl-rwts.~ee.p 10/4aMO 149569 M Ordinance Attachrnerft 01" Sheet 21 of 36 7"1 rthur Surveying Co., Inc. Frofessio.nal Zand Surveyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 10' SANITARY SEWER EASEMENT 0.029 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Margarita Turrubiartez, recorded under County Clerk's File Number 97-R0058223 of the Official Public Records of Denton County, Texas, and also being a part of Lot 4 and Lot 5, Block 7, College View Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 1, Page 13 of the Plat Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found at the southeast corner of said Turrubiartez tract and the most easterly northeast corner of that certain tract of land described in deed to Harried Mazrouci, recorded under Instrument Number 2008-64588 of the Official Public Records of Denton County, Texas, said point also being in the west line of North Bradshaw Street, a public roadway; THENCE North 88 degrees 21 minutes 29 seconds West, with the south line of said Turrubiartez tract, a distance of 126.71 feet to an "X" found in concrete for the southwest corner thereof, THENCE North 01 degree 29 minutes 15 seconds East, with the east line of said Mazrouei tract, a distance of 10.11 feet to a point for corner; THENCE South 88 degrees 18 minutes 26 seconds East, over, across and through said Turrubiartez tract, a distance of 126.55 feet to a point in the west line of said North Bradshaw Street; THENCE South 00 degrees 32 minutes 26 seconds West, with the west line of said North Bradshaw Street, a distance of 10.00 feet to the POINT OF BEGINNING, and containing 0.029 acres of land, more or less. 4 LEY Ell 2 . cA20081co&pecan creek interceptor 31dwg1291169_esmt2-revised2.doc Ordinance Attachment "1" Sheet 22 of 36 A I rthur Surveying Co., Inc, 1x~ofessio.na.j Z and Suz-veyors P.O. Box 54 - Lewisville, Texas 75067 Office. (972) 221-9439 Fax. (972) 221-4675 10' TEMPORARY CONSTRUCTION EASEMENT 0.029 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Margarita Turrubiartez, recorded under County Clerk's File Number 97-R0058223 of the Official Public Records of Denton County, Texas, and also being a part of Lot 4 and Lot 5, Block 7, College View Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 1, Page 13 of the Plat Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point for corner in the east line of said Turrubiartez tract from which a %2 inch iron rod found at the southeast corner thereof bears South 00 degrees 32 minutes 26 seconds West, a distance of 10.00 feet, said point also being at the most easterly northeast corner of that certain tract of land described in deed to Hamed Mazrouei, recorded under Instrument Number 2008-64588 of the Official Public Records of Denton County, Texas, being in the west line of North Bradshaw Street, a public roadway, THENCE North 88 degrees 18 minutes 26 seconds West, over, through and across said Turrubiartez tract, a distance of 126.55 feet to point for corner in the west line thereof and from which an "X" found in concrete for the southwest corner thereof bears South 01 degree 29 minutes 15 seconds West, a distance of 10.11 feet; THENCE North 01 degree 29 minutes 15 seconds East, with the cast line of said Mazrouei tract, a distance of 10.00 feet to a point for corner; THENCE South 88 degrees 18 minutes 26 seconds East, over, across and through said Turrubiartez tract, a distance of 126.38 feet to a point in the west line of said North Bradshaw Street; THENCE South 00 degrees 32 minutes 26 seconds West, with the west line of said North Bradshaw Street, a distance of 10.00 feet to the POINT OF BEGINNING, and containing 0.029 acres of land, more or less. c_120081c0dlpe= creek interceptor 31dwg1291169_osmt2-revised-2.doc NORTH 30 0 30 Feet Basis of bearing is based on the City of Denton CIS network. Hained Mazrouei Inst. No" 2008-64588 LINE TABLE LINE BEARINC LENGTH L1 NOi'29'15"E 10.11' L2 S00'32'26"W 10.00' L3 N0] 29'15"E 10.00' L4 Sa0'32'26"W 10.00' L5 S00'32'26"W 19.54' 7 C, Margarita Turrubiartez C.C. No. 97-R0058223 S88'18'26 "E 126.38' 10 TePor yonsC truetio-n Esm~ t `0,029 AC~'es..... . _ 5 2CE- .726 55 P.O.B 10' Sanitary Sewer Easement - 0.029 Acres (CM) CN ' N88'21'29"W 126.71' P.O.B. h W H rA O h 0 100-D NAIL FOUND William P. Phillips, Trustee C.C. No. 97-R0011423 ~ C 4 W. agLEY !R Buffalo Bayou, Brazos & Colorado Railroad Company Survey, Abst. No. 1:85 City of Denton, Denton County, Texas - 2010 - Arthur Su ve 'j%D'g6~.0rec. Professional Land Surveyors 972-221-9439 Fax 972 221675 220 Elm Sheet, Suite 2,00 P.O. Box 54 Lewisville, Texas 75067 Ordinance Attachment 'I" Sheet 24 of 36 rthur Surveying Co., Inc. Rrafession-W Zand Surveyors P.O. Box 54 Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 16' SANITARY SEWER EASEMENT 0.102 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Hiram Sisco Survey, Abstract Number 1184, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Lone Star Gas Company, recorded in Volume 626, Page 398 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point for corner at the southeast corner of that certain tract of land described in deed to Elk River-McKinney Partners, LP, recorded under Instrument Number 2004-107514 of the Real Property Records of Denton County, Texas, and being the most easterly northeast corner of said Lone Star Gas Company tract, said point also being in the west line of Bradshaw Street, a public roadway; THENCE South 00 degrees 30 minutes 33 seconds West, with the west line of said Bradshaw Street, a distance of 16.00 feet to a point for corner thereof; THENCE over, across and through said Lone Star Gas Company tract the following three (3) calls: North 89 degrees 21 minutes 44 seconds West, a distance of 277.84 feet to a point for corner; North 01 degree 14 minutes 37 seconds West, a distance of 16.01 feet to a point for corner; South 89 degrees 21 minutes 44 seconds East, passing at a distance of 99.00 feet a k/2 inch iron rod found at the southwest corner of said Elk River-McKinney Partners tract and continuing with the south line thereof for a total distance of 278.33 feet to the POINT OF BEGINNING, and containing 0.102 acres of land, more or less. F W THA,r? ,.A 5eO2 SUM c:12008lcodlpecan creek interceptor 2-section 2 6401265361dtvg11004124 esrnt revised 2.doc Ordinance Attachment `1" Sheet 25 of 36 rthur Surveying Co., Inc. Rrofessional .L.-znd Surveyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 TEMPORARY CONSTRUCTION EASEMENT 0.191 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Hiram Sisco Survey, Abstract Number 1184, City of Denton, Denton. County, Texas, and being a part of that certain tract of land described in deed to Lone Star Gas Company, recorded in Volume 626, Page 398 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING in the west line of Bradshaw Street, a public roadway, and from which the southeast corner of that certain tract of land described in deed to Elk River-McKinney Partners, LP, recorded under Instrument Number 2004-107514 of the Real Property Records of Denton County, Texas, bears North 00 degrees 30 minutes 33 seconds East, a distance of 16.00 feet, said point also being the most easterly northeast corner of said Lone Star Gas Company tract; THENCE South 00 degrees 30 minutes 33 seconds West, with the west line of said Bradshaw Street, a distance of 30.00 feet to a point for corner thereof, THENCE over, across and through said Lone Star Gas Company tract the following three (3) calls: North 89 degrees 21 minutes 44 seconds West, a distance of 276.92 feet to a point for corner; North 01 degree 14 minutes 37 seconds West, a distance of 30.02 feet to a point for corner; South 89 degrees 21 minutes 44 seconds East, a distance of 277.84 feet to the POINT OF BEGINNING, and containing 0.191 acres of land, more or less. c:120081cod*can creek interceptor 2-section 2 6401265361dwg11004124_esmt revised 2.doc NORTH 50 0 50 Feet P--q F=4 LINE TABLE LINE BEARPNG LENGTH L1 S00'30'33"W 16.00' L2 N01 '14'37"W 16.01' L3 50030'33"W 30.00' L4 N01'14'37"W 30.02' Basta of bearing is based on the City of EArJ l MCKINNEY Denton G15 network. STREL"rrr'i 7 79.446' 1 Square Bar ~ttiM.) 7C,111 f ~I W P Elk River - McKinney Partners, LP 00 Inst. No. 2004-107514 0 01 0 0f o 1 z 1 P.O.B. 99.00' 1~2IRF S89 21'44"E 278.33' _ 16' SANITARY SEWE~RESM -r 0.102 ACRES N8972 1 44 W 277.84 TEMPORARY CONSTRUCTION ESMT. P1 0.191 ACRES _ r2 P.Q.B. N8921'44-W 278.' z Lone Star Gas Company o vi Volume 626, Page 398 I C) F ° yr P ocP W. THAI ;LEY III I R.F. 1 Hiram Sisco Survey, Abst. No. 1184 City of Denton Denton County, Texas -2010- W w 'S o Q Arthur Surveying Co., Inc. Professional Land Surveyors 972-221-9439 Pax 972-221-4675 220 Ehn S&eet, Suite 200 - P.O. Box 54 Ixwist ille, Texas 75067 m m 'S m N L 1 CREEK ]NTERCEPTUR 2-SECTt0N 2 640126536\dWp\1004124_*s t revised ad.p 1!1/4/2010 11419.44 Ordinance Attachment "1" Sheet 27 of 36 Arthur Surveying Co., Inc. Proafessio'na .end surveyors P.O. Box 54 Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 SANITARY SEWER EASEMENT 0.031 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Hiram Sisco Survey, Abstract Number 1184, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Lillian S. Woods, recorded in Volume 607, Page 508 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at the northeast corner of said Woods tract being in the south line of East Hickory Street and in the west line of a 10 foot wide alley; THENCE South 00 degrees 07 minutes 51 seconds West, with the west line of said 10 foot wide alley, a distance of 98.92 feet to a point for corner; THENCE South 11 degrees 26 minutes 51 seconds West, over, through and across said Woods tract and with the northwest line of a Sanitary Sewer Easement as described in said deed to Lillian S. Woods, a distance of 42.41 feet to a point for corner in the south line of said Woods tract; THENCE North 89 degrees 52 minutes 09 seconds West, with the south line of said Woods tract, a distance of 2.37 feet to a point for the southwest corner thereof; THENCE North 00 degrees 07 minutes 51 seconds East, with the west line of said Woods tract, a distance of 140.42 feet to a point for corner in the south line of said East Hickory Street; THENCE North 89 degrees 54 minutes 18 seconds East, with the south line of said East Hickory Street, a distance of 10.89 feet to the POINT OF BEGINNING, and containing 0.031 acres of land, more or less. 4 'C ei W. TV tM9.•EY N c:120081codlpecan creek interceptor 2-section 2 6401265361dwg1290926 esmt3-revised.doc Ordinance Attachment 'I" k. I Sheet 28 of 36 rthur Surveying Co., Inc. .F'rOfessio.nal Za! d Surveyors P.O. Box 54 - Lewisville, Texas 75067 , Office: (972) 221-9439 Fax: (972) 221-4675 TEMPORARY CONSTRUCTION EASEMENT 0.106 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Hiram Sisco Survey, Abstract Number 1184, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Enmon Accessories, LLC, recorded under Instrument Number 2004- 18233 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the north line of said Enmon Accessories tract from which a 1/2 inch iron rod found at the northwest corner thereof bears South 89 degrees 54 minutes 18 seconds West, a distance of 9.47 feet said point being at the northeast corner of Lot 1, Block A, Fred Hill Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet K, Slide 361 of the flat Records of Denton County, Texas, said point also being in the south line of East Hickory Street, a public roadway; THENCE North 89 degrees 54 minutes 18 seconds East, with the south line of said East Hickory Street, a distance of 30.00 feet to a point at the northwest corner of a Quit Claim Deed from the City of Denton to Lillian S. Woods, recorded in Volume 607, Page 509 of the Deed Records of Denton County, Texas; THENCE South 00 degrees 07 minutes 51 seconds West, with the west line of said Woods tract, a distance of 140.42 feet to a point at the southwest corner thereof; THENCE South 89 degrees 52 minutes 09 seconds East, with the south line of said Woods tract, a distance of 10.69 feet to a "X" found in concrete; THENCE South 01 degree 29 minutes 14 seconds West, with the west line of said Enmon Accessories tract, a distance of 10.00 feet to a "X" found in concrete at the southeast corner thereof, said point being in a north line of said Lot 1; THENCE North 89 degrees 51 minutes 55 seconds West, with the south line of said Enmon Accessories tract, a distance of 40.45 feet to a point for corner; THENCE North 00 degrees 07 minutes 51 seconds East, over, across and through said Enmon Accessories tract, a distance of 150.30 feet to the POINT OF BEGINNING, and containing 0.106 acres of land, more or less. 4 c:120081codlpec= creek interceptor 2-section 2 6401265361dwg1290926 esmt3-revised.doc LINT Lf NORTH 30 0 30 Feet L4 L5 8o5r5 of bearing is based art the City of EAST HICKORY STREET ~i Den tan G1S network. P'~"B' N89'54'18"E 30.00' l.R.F. T L7 (c.,u) 30' BLDG. LlNE~(K/3fi1} Lot 1, Block A Fred Hill Addition Cabinet K, Slide 361 P.Q.B. r.R.F. - - - - T' (C M, I I Iw ~ I I I I I cn Ivy I I f - ~ Q°IN v I az Q I~~"I~ a M N i o o ;moo ~ I pl o Q ~ ~ ~ o ^ 3 LOT 14 LOT 13 LOT i2 w ~ ©t~ w° onl I I ~ I ~I' a 3 w ~ Zo w I ~ ~ I t° ~ Block 7 w ~ ~ z Solomon H ll Supplem tal Addi a ~ ~ ~ o ~ a o ol. 340, Pg. 29 ~I olw ~ °o ¢ WI I ! z I z l o I v¢i ~ I I I Utility Esmt. R served Vol. 607, Pg. 509 ~ ~„2r (15' ALLEY R.O.W.) I ~ ~ !~I SOUTH LINE OF SOLOMON HILL __Y._ SUPPLEMENTAL ADDfTfON I ~ ~ - L4 ~ L6 _ _ ~FND N89 5?'55'° I 4 I D. Edward Green F I Vol. 51'73, Pg. 4068 ~Pr.aG`S TE/q W. TH~~' roi.~Y III ;+09.. b~~2 vtQ `'QR~35 Oaf 1 ~Q SUR.~~ Hiram Sisco Survey, Abst. No. 1184 City of Denton Denton County, Texas - 2049 - rthur Sur~ey~ng Co., Inc. Professional Land Surveyors 972-221-9439 Fax 972-221-4675 220 Elm Suer, Suite 200 P.O. Box 54 Lewisville, Texas 75067 M n m r Ordinance Attachment "1° Sheet 30 of 36 Arthur Surveying Co., Inc. Professional La d Surveyors P.O. Box 54 Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 20' SANITARY SEWER EASEMENT 0154 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Hiram Sisco Survey, Abstract Number 1184, City of Denton„ Denton County, Texas, and being a part of that certain tract of land described in deed to D. Edward Green, recorded in Volume 5173, Page 4068 of the Deed Records, Denton County, Texas,'and being more particularly described as follows: BEGINNING at the most northerly northwest corner of said Green tract and the most easterly northeast corner of Lot 1, Block A, Fred Hill Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet K, Slide 361 of the Plat Records of Denton County, Texas, said point also being in the south line of a 15 foot wide alley as shown in Block 7, Solomon Hill Supplemental Addition, an addition to the City of Denton, Denton County, Texas, according to the deed records as recorded in Volume 340, Page 29 of the Deed Records of Denton County, Texas; THENCE South 89 degrees 57 minutes 30 seconds East, with the south lane of said 15 foot wide alley, a distance of 30.00 feet to a point for corner; THENCE over, across and through said Green tract the following four (4) calls: South 00 degrees 11 minutes 56 seconds West, a distance of 80.44 feet to a point for corner; South 83 degrees 12 minutes 37 seconds East, a distance of 108.78 feet to a point for corner; South 57 degrees 52 minutes 37 seconds East, a distance of 202.72 feet to a point for corner; South 06 degrees 52 minutes 37 seconds East, a distance of 110.19 feet to a point in the north line of East Mulberry Street, a public roadway; THENCE North. 88 degrees 23 minutes 49 seconds West, with the north line of said East Mulberry Street, a distance of 20.22 feet to a point in the east line of a 10.5 foot wide Sanitary Sewer Easement, recorded in Volume 502, Page 644 and Volume 502, Page 646 of the Deed Records of Denton County, Texas; THENCE over, across and through said Green tract the following three (3) calls: North 06 degrees 52 minutes 37 seconds West, with the east line of said 10.5 foot Sanitary Sewer Easement, a distance of 97.67 feet; c:1200fto ftecan creek interceptor 2-section 2 6401265361dwg1290926_esmt4.doc Ordinance Attachment "1" Sheet 31 of 36 rthur Surveying Co., Inc. Professional Land Surveyors P.O. Box 54 M Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 North 57 degrees 52 minutes 37 seconds West, continuing with the northeast line of said 15 foot Sanitary Sewer Easement, a distance of 188.68 feet to a point for corner; North 83 degrees 12 minutes 37 seconds West, with the north line of said 15 foot Sanitary Sewer Easement, a distance of 132.17 feet to a point in the east line of said Fred Hill Addition; THENCE North 00 degrees 11 minutes 56 seconds East, with the east line of said Fred Hill Addition, a distance of 97.02 feet to the POINT OF BEGUNNING, and containing 0.254 acres of land, more or less. 4- 0200ftofteem creek interceptor 2-section 2 6401265361dwg1290926_esmt4.doc Ordinance Attachment °1' Sheet 32 of 36 rthur Surveying Co., Inc. Professianal end Surveyors P.O. Box 54 Lev+risvillc, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 TEMPORARY CONSTRUCTION EASEMENT 0.325 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Hiram Sisco Survey, Abstract Number 1184, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to D. Edward Green, recorded in Volume 5173, Page 4068 of the Deed Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the north line of said Green tract and the south line of a 15 foot wide alley as shown in Block 7, Solomon Hill Supplemental Addition, an addition to the City of Denton, Denton County, Texas, according to the deed records as recorded in Volume 340, Page 29 of the Deed Records of Denton County, Texas, from which the most northerly northwest corner of said Green tract and the most easterly northeast corner of Lot 1, Block A, Fred Hill Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet K, Slide 361 of the Plat Records of Denton County, Texas, bears North 89 degrees 57 minutes 30 seconds West, a distance of 30.00 feet; THENCE South 89 degrees 57 minutes 30 seconds East, with the south line of said 15 foot wide alley, a distance of 30.00 feet to a point for corner; THENCE over, across and through said Green tract the following three (3) calls: South 00 degrees 11 minutes 56 seconds West, a distance of 53.79 feet to a point for corner; South 83 degrees 12 minutes 37 seconds East, a distance of 88.79 feet to a point for corner; South 57 degrees 52 minutes 37 seconds East, a distance of 225.34 feet to a point corner in the west line of Lot 26, Block 4, Solomon Hill, an addition to the City of Denton, Denton County, Texas, according to the deed thereof recorded in Volume 178, Page 503 of the Deed Records of Denton County, Texas; THENCE South 00 degrees 03 minutes 48 seconds East, with the west line of said Lot 26 and continuing with the west line of Block 1, Solomon Hill Addition No. 2, an addition to the City of Denton, Denton County, Texas, according to the deed thereof recorded in Volume 183, Page 81 of the Deed Records of Denton County, Texas, a distance of 126.82 feet to a point in the north line of East Mulberry Street, a public roadway; THENCE North 88 degrees 23 minutes 49 seconds West, with the north line of said East Mulberry Street, a distance of 16.35 feet to a point for corner, THENCE over, across and through said Green tract the following four (4) calls: c:12008kcdlpww creek interceptor 2-section 2 6401265361dwg1290926_esmt4.doc Ordinance AMehment &V Sheet 33 & 36 A I rthur Surveying Co., Inc. Professional -Land Surveyors P.O. Box 54 Lewisville, Texas 75067 Office: (972) 221-9439 Fax_ (972) 221-4675 North 06 degrees 52 minutes 37 seconds West, a distance of 110.19 feet to a point for corder; North 57 degrees 52 minutes 37 seconds West, a distance of 202.72 feet to a point for corner; North 83 degrees 12 minutes 37 seconds West, a distance of 108.78 feet to a point for corner; North 00 degrees 11 minutes 56 seconds West, a distance of 80.44 feet to the POINT OF BEGHWANG, and containing 0.325 acres of land, more or less. V1/ •~l~r ; 'LEY 911 ..ao a». .v.»samc 5802 S cA20081c0dlp m creek interceptor 2-section 2 6401265361dcvg1290926_esmt4.dos IBLOCK 7 ! SOLOMON HILL SUPPLEMENTAL VOL. 340, PG. 29 NORTH 10 9 8 7 60 0 60 Feet Basis of bearing is based on the City of Denton GIS network P.o.8. P-o.eI - 1 ! .1 t , (15' ALLEY R.O.W.) I BLOIK 7 AD ITION SOLOMON HILL ADDITION VOL. 178, PG. 503 i 6 5 i 5 4 2 1 i iXp LB 589'5730°E 128.51' - - - L8 D_ EDWARD GREEN x LOT ? D ~ VOL. 5173CPG. 4060 BLOCK A Lo i141 i w o S83'12'37"E O a 00 88.79' 58849'15°w 148.97 O - - 1/2'7. R. C) crs (C. 4f } 0 z S83-1237"E VOA EDWARD 5 G R EN _ Qua ~ 8 D 0 ss~. y S c z 132.17' \ 'Q J_ ♦s~s C%, ♦ c~ 10.5' SANITARY SEWER ESM7 VOL. 502, PG. 644 & VOL. 502, PG. 646 \ LINE TABLE LINE BEARING LENGTH L1 S8957'30"E 30.00' L2 N8823'49"W 20.22' L3 S8957'30"E 30.00' L4 S00'11'56"W 53.79' L5 N8823'49"W 16.35' L6 S8957'30"E 10.70' L7 S00'07'51 "W 10.50' L8 S89'53'22"E 9.31' L9 S01"29'14"W 10.00' A O Ky w e ~W e j ~~nn 1 ~l I O 24 ml 0 M 25 0I z 086 ?s ?S N -68, ,~y ♦ ~ qcR~ gcRF.S \ \ S \ N ~ Ll~ ~ TT7 r!1 L2 L5 26 kCCN 2 W ~00 O O 3 U) s... EAST MULBERRY STREET I W. THAI? °PLEY IN °.M°•.••••o.... 13 ~'.~0 5002 ~ sUR~~y rthur Surveying Co., Inc. HYram Sisco Survey, Abst. No. 1184 Professional Land Surveyors City of Denton 972-221-9439 - Pax 972-221-4675 Denton County, Texas 220 Elm .Street; Swre 200 P 0. Box 54 - 2010 - LevasviRc Texas 75067 CID ('A VD ID L co Ordinance Attachment "1" Sheet 35 of 36 rthur Surveying Co., Inc. Professional wand Surveyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 TEMPORARY CONSTRUCTION EASEMENT 0.327 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Hiram Sisco Survey, Abstract Number 1184, City of Denton, Denton County, Texas, and being all of Lots 11 and 13, Block 5, Solomon Hill Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 178, Page 503 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod with a yellow cap stamped "ARTHUR SURVEYING COMPANY" set for the northwest corner of said Lot 13, being in the south line of McKinney Street, a public roadway, and the east line of Bradshaw Street, a public roadway; THENCE South 88 degrees 28 minutes 32 seconds East, with the south line of said McKinney Street, a distance of 100.04 feet to a 1/2 inch iron rod with a yellow cap stamped "ARTHUR SURVEYING COMPANY" set at the northeast corner of said Lot 11 and the northwest corner of Lot 9 of said Block 5; THENCE South 00 degrees 09 minutes 07 seconds East, with the west line of said Lot 9, a distance of 140.57 feet to a %2 inch iron rod found at the southwest corner thereof and being at the northwest corner of Lot 10 of said Block 5 and being the northeast corner of Lot 12 of said Block 5; THENCE South 89 degrees 53 minutes 37 seconds West, with the north line of said Lot 12 to a V2 inch iron rod found at the northwest corner thereof and continuing with the north line of Lot 14 of said Block 5 for a total distance of 100.66 feet to a 1/2 inch iron rod with a yellow cap stamped "ARTHUR SURVEYING COMPANY" set for corner in the east line of said Bradshaw Street, THENCE North 00 degrees 06 minutes 46 seconds East, with the east line of said Bradshaw Street, a distance of 143.42 feet to the POINT OF BEGINNING, and containing 0.327 acres of land, more or less. c:i2008\w&p=n Creels interceptor 2-section 2 640I265361dwg11009123_esmtdoc NORTH 30 0 30 Feet Basis of bearing is based on the City of Denton CIS network. a a r C>1 N v ~ Z on v w I M a ~ U a, N O > ance Attachment Sheet 36 of 36 McKINNEY STREET (VARIABLE WIDTH R.o.w.) S88'28'32" E 100-04' A. S. C. " 11214 R. S P.Q.B. Asc. S88 28'32 "E 149.42' E Temporary construction 1 Ease ment to 4.327 Acres Lot 13 I Lot 11 I Lot 9 ~ d dom.. ( ~ w f 1 I~ O p ° O o Z W 0 5 3 k, 00 ~ f ~ o 'A. s C. °S S89'53137" '100.66' 1/2"l.R.F. m O Lot 14 oN Lot 12 oN z CD Z ` ~~pQ~4 9cA 1127R. .,,....d...... .1... 5002 0.327 Acres in the Hiram Sisco Survey, Abst. No. 1184 City of Denton Denton County, Texas - 2010 - 4A!~~ A rthur Surveying Co,, Inc. FYofessional Land Surveyors 972-221-9439 Far 972-221-4675 220 Elm sheet, suite 200 - P.a Box 54 Lewisville, Texas 75067 G\2008\COD\PECAN CREEK INTERCEPTIIR 2-SECTION 2 640126536\8wg\1009123-esn't.dwg 10/4/2010 11,22-09 AM CDT EXHIBIT 2 0 L f f I, I................. i 3 O ~ Y W Q Y d Q O IS 3WV83 U L.I 5 FZ U W U 33Vld 1138 r 0 x u~i w 0 a H-I H-I w . p"' a z v O ~ O W O W O a ~W E~ H ~ W~ a~ WW ~a w o d a C O Z J ~ U = z EXHIBIT 1 EXHIBIT 3 Pecan Creek Interceptor - Phase H Proiect Property Owners and Addresses Tract Number Owner 1. MBS Seed Ltd. Company 2. J. Rafael & Cecilia Toledo 3. Khosrow Sadeghian 4. Gregory R. Coward & Clifton J. Reding 5. Hamed Mazrouei 6. Margarita Turrubiartez 7. Atmos Energy 8. Enmon Accessories, LLC 9. D. Edward Green 10. Tonnie Ramirez Situs Address 318 Bell Place 311 Frame St. 300 Frame St. 805 E. McKinney St. 511 N. Bradshaw St. 317 N. Bradshaw St. 106 N. Bradshaw St. 903 E. Hickory St. 300 S. Crawford St. 1004 E. McKinney St. EXHIBIT 2 EXHIBIT 4 DRAFT MINUTES PUBLIC UTILITIES BOARD September 27, 2010 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on Monday, September 27, 2010 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton. Present: Chair Dick Smith, Randy Robinson, John Baines, Barbara Russell, Bill Grubbs, and Phil Gallivan Ex Officio Member: Howard Martin, ACM Utilities Absent: Vice Chair Bill Cheek, excused Ex Officio Member George Campbell, City Manager At 9:00 a.m., Chair Smith announced there was a quorum and convened into the closed meeting. At 9:47 a.m., Chair Smith announced the closed meeting was ended and adjourned into an open meeting. OPEN MEETING: CONSENT AGENDA: The Public Utilities Board has received background information, staffs recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. 5) Consider a recommendation of approval of an Ordinance finding that a public purpose and necessity exists to acquire sanitary sewer easements and temporary constriction easements, and authorizing the acquisition through agreement or eminent domain of variable width sanitary sewer easements and variable width temporary constriction easements on the hereinafter described parcels of real property situated in the City and County of Denton, Texas, and all being embraced within the limits of the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract No. 185 and the Hiram Sisco Survey, Abstract No. 1184 for the installation of utilities relating to the "Pecan Creek Interceptor- Phase II Project"; providing a severability clause. Board Member Gallivan moved to approve item 5 with a second from Board Member Grubbs. The motion was approved by a 6-0 vote. Adjournment was at 10:14am This page left blank intentionally . AGENDA INFORMATION SHEET AGENDA DATE: October 19, 2010 DEPARTMENT: Water Utilities UTILITIES ACM: Howard Martin, 349-8232 *1--- SUBJECT Consider adoption of an Ordinance authorizing the City Manager or his designee to execute a Real Estate Contract by and between the City of Denton, Texas and Philip R. Tharp and Joe B. Moore and any other documents and conveyances that are necessary to acquire 602 Rose Street being Lot 1, Block 2, College Beauty Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 198, Page 365 of the Deed Records of Denton County, Texas authorizing the expenditure of funds therefore; providing an effective date. (Paisley Street Drainage Improvements) BACKGROUND The acquisition of 602 Rose Street is part of the Paisley Street Drainage Improvements project. The lot is approximately 11,750 square feet and includes two small houses. The limits of this drainage project are from south of Paisley Street to Lehrman Street. The project will provide drainage channel improvements that include widening and cleaning up the existing earthen channel to increase the capacity to contain the 100 year flood event. The house facing Lehrman Street, in the rear of the property, will be removed in order to provide for a constriction staging area and access to the drainage channel for the work. This stricture is also the only stricture serviced by an aerial sanitary sewer line crossing the channel. By removing this stricture it eliminates the need for a new sewer line to connect this property to the sanitary sewer running along Rose Street. The rear of the subject purchase lot (the eastern half) will be encumbered with permanent drainage improvements upon completion of the project. OPTIONS 1. Approve the proposed Ordinance. 2. Decline to approve the proposed Ordinance. RECOMMENDATION Recommend approval of the Ordinance. FISCAL INFORMATION Purchase price of $69,500 and estimated closing costs of approximately $3,000.00 are to be paid out of Account 4 650046455 (Mingo/Schmidt/Paisley). There are sufficient funds remaining in the project account for the purchase of the property. BID INFORMATION None. EXHIBITS 1. Ordinance 2. Location Map 3. Site Map Respectfully submitted, Frank G. Payne, P.E. City Engineer Prepared by, Pa4,J- 4) J-a4v~e~ Paul H. Williamson Real Estate Manager EXHIBIT 1 ORDINANCE NO.2010- AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A REAL ESTATE CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND PHILIP R. THARP AND JOE B.MOORE, AND ANY OTHER DOCUMENTS AND CONVEYANCES THAT ARE NECESSARY TO ACQUIRE 602 ROSE STREET, BEING LOT 1, BLOCK 2, COLLEGE BEAUTY ADDITION, AN ADDITION TO THE CITY OF DENTON, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 198, PAGE 365 OF THE DEED RECORDS OF DENTON COUNTY; TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; PROVIDING AN EFFECTIVE DATE. WHEREAS, after due consideration of the public interest and the use and benefit to accrue to the City of Denton, Texas; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute a Real Estate Contract by and between the City of Denton, Texas, as Purchaser and Philip R. Tharp and Joe B. Moore, together as Seller, substantially in the form that is attached hereto and made part hereof as Exhibit "A" (the "Contract"), and any other documents necessary for the acquisition of 602 Rose Street being Lot 1, Block 2, College Beauty Addition, an Addition to the City of Denton, Texas. The land is being acquired for municipal purposes. SECTION 2. The City Manager is hereby authorized to carry out the rights and duties of the City under said Contract, including the expenditure of funds. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2010. MARK A. BURROUGHS, MAYOR ATTESTED: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY J~ By: CONTRACT OF SALE STATE OF TEXAS § COUNTY OF DENTON § This Contract of Sale (the "Contract") is made this day of October, 2010, effective as of the date of execution hereof by Buyer, as defined herein (the "Effective Date"), by and between Philip R, Tharp and Joe B. Moore (collectively referred to herein as "Seller") and the CITY OF DENTON, TEXAS, a Home Rule Municipal Corporation of Denton County, Texas (referred to herein as `Buyer"). RECITALS WHEREAS, Seller owns that certain land being more particularly described as Tract I on Exhibit "A", attached hereto and made a park hereof for all purposes, being located in Denton County, Texas (the "Land"); and WHEREAS, Seller desires to sell to City, and City desires to buy from Seller, the Land, together with any and all rights or interests of Seller in and to adjacent streets, alleys and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances to the Land (collectively; the "Property"). ARTICLE I SALE OF PROPERTY . For the consideration hereinafter set forth, and the Buyer agrees to purchase from herein. contained, Seller agrees to sell and convey to Buyer, Seller, the Property. ARTICLE II PURCHASE PRICE AND EARNEST MONEY 2,OX Purchase Price. The Purchase Price to be paid to Seller for the Property is the sum of Sixty Nine Thousand Five Hundred Dollars and No/100 ($69,500-00) (the "Purchase Price"). 2.02 Earnest Money. Buyer shall deposit the sum of Three Title of Texas and 620 o/100 ochry ($3,000.00), as Earnest Money (herein so called) vrithC escrow aent, upon, or within seven (7} Street, Denton, Texas, 76201, (the "Title Company"), as g days of, execution of this Contract by Seller and Buyer. All interest earned thereon shall become park of the Earnest Money and shall be applied or disposed of in the same manner as the original Earnest Money deposit, as provided in this Contract. If the purchase contemplated hereunder is the Earnest Money, Price consummated in accordance with the terms and the provisions hereof, at Closing. together with all interest earned therenthe interest accrued thereonC hall be disposed of bythe other events, the Earnest Money, and Title Company as provided in this Contract. 2.03 Independent Contract Consideration. Within fourteen (14) calendar days after the payable ffective Date, as defined below, Buyer shall deliver to the Title Company, to and for E the benefit of Seller, a check in the amount of One Hundred and No/100 Dollars ($100.00) (the "Independent Contract Consideration"), which amount the parties hereby acknowledge and agree has been bargained for and agreed to as consideration for Seller's execution and delivery of the ent of any Contract. The Independent Contract Consideration ~ Contract, in addition to, and be retained non-refundable, and shall provided other consideration or payment by Seller notwithstanding any other provision of this Contract. ARTICLE III TITLE AND SURVEY 3.01 Title Commitment' (a) Within twenty (20) calendar days after the Effective Date, Seller, at Seller's sole cost and expense, shall cause to be furnished to Buyer a current Commitment for Title Insurance (the "Title Commitment") for the Property, issued by Title Company. The Title Commitment shall set forth the state of title to the Property, including a list of liens, mortgages, security interests, encumbrances, pledges, assignments, claims, charges, leases (surface, space, mineral, or otherwise), conditions, restrictions, options, severed mineral or royalty interests, conditional sales contracts, rights of first refusal, restrictive covenants, exceptions, easements (temporary or permanent), rights-of-way, encroachments, or any other outstanding claims, interests, estates or equities of any nature (each of which are referred to herein as an "Exception"). (b) Along with the Title Commitment, Seller shall also cause to be delivered to Buyer, at Seller's sole cost and expense, true and correct copies of all instruments that create or evidence Exceptions, ~ wcill~g b ect a~ob high agree rTitle equired to Commitment or exceptions at which the conveyance J or prior to Closing. 3.02 Survey. Within thirty (30) calendar days after the Effective Date, Seller shall cause to be prepared at Buyer's expense, a current on the ground survey of the Property (the "Survey"). The Survey shall include but not be limited to, a depiction of the location of all roads, streets, easements and rights of way, both on and adjoining the Property, water courses, 100 year flood plain, fences and improvements and structures of any kind. The Survey shall further describe the size of the Property, in acres, and contain a metes and bounds description thereof. Seller shall furnish or cause to be furnished any affidavits, certificates, assurances, and/or resolutions or amended or revised survey(s) as required by the Title Company in order to amend the survey exception as required by Section 3.05 below. The description of the Property as set forth in the Survey, at the Buyer's election, shall be used to describe the Property in the deed to convey the property to Buyer and shall be the description set forth in the Title Policy. 3.03 Review of Title Commitment, Survey and Exception Documents. Buyer shall have a period of fifteen (15) calendar days (the "Title Review Period") commencing with the day Buyer receives the last of the Title Commitment, the Survey, and the Exception documents, in which to give written notice to Seller, specifying Buyer's objections to one or more of the items ("Objections"), if any, All items set forth in the Schedule C of the Title Commitment, and all other items set forth in the Title Commitment which are required to be released or otherwise satisfied at or prior to Closing, shall be deemed to be Objections without any action by Buyer. 3.04 Seller's Obligation to Cure; Buyer's Right to Terminate. The Seller shall, within twenty (20) calendar days after Seller is provided notice of Objections, either satisfy the Objections at Seller's sole cost and expense or promptly notify Buyer in writing of the Objections that Seller cannot or will not satisfy at Seller's expense. Notwithstanding the foregoing sentence, Seller shall, in any event, be obligated to cure those Objections or Exceptions that have been voluntarily placed on or against the Property by Seller after the Effective Date. if Seller fails or refuses to satisfy any Objections that Seller is not obligated to cure within the allowed twenty (20) calendar day period, and if Buyer does not agree in writing to an extension of that period, said extension to not exceed an additional thirty (30). days, then Buyer has the option of either: (a) waiving the unsatisfied Objections by, and only by, notice in writing to Seller prior to Closing, in which event those Objections shall become Permitted Exceptions (herein so called), or (b) terminating this Contract by notice in writing prior to Closing and receiving back the Earnest Money, in which latter event Seller and Buyer shall have no f irther obligations, one to the other, with respect to the subject matter of this Contract. 3.05 Title Policy. At Closing, Seller, at Buyer's sole cost and expense, shall cause a standard Texas owner policy of Title Insurance ("Title Policy"), along with a T-19.1, T-19.2 or T-19.3 endorsement, as applicable, to be furnished to Buyer. The Title Policy shall be issued by the Title Company, in the amount of the Purchase Price and insuring that Buyer has indefeasible fee simple title to the Property, subject only to the Permitted Exceptions. The Title Policy may contain only the Permitted Exceptions and shall contain no other exceptions to title, with the standard printed or common exceptions amended or deleted as follows: (a) survey exception must be amended if required by Buyer to read "shortages in area" only (although Schedule table survey and payment, to he borne solely by Seller, of any presentation of an acceptable required additional premium); (b) no exception will be permitted for "visible and apparent easements" or words to that effect (although reference may be made to any specific easement or use shown on the survey, if a Permitted Exception); (c) no exception will be permitted for "rights of parties in possession"; (d) no liens will be shown on Schedule B. Notwithstanding the enumeration of the following exceptions, amendments and/or, deletions, Buyer may object to any Exception it deems material, in its sole discretion. ARTICLE 1V k'EASlBILITY ~ PERIOD AND EffROVEMENTS 4.01 Review Period. Any term or provision of this Contract notwithstanding, the obligations of Buyer specified in this Contract are wholly conditioned on Buyer's having determined, in Buyer's sole and absolute discretion, during the: period commencing with the Effective Date of this Contract and ending thirty (30) calendar days thereafter (the "Absolute Review Period"), based on such tests, examinations, studies, investigations and inspections of the Property the Buyer deems necessary or desirable, including but not limited to studies or inspections to determine the existence of any environmental hazards or conditions, performed at Buyer's sole cost, that Buyer finds the Property suitable for Buyer's purposes. Buyer is granted the right to conduct engineering and/or market and economic feasibility studies of the Property, and to conduct a physical inspection of the Property, including inspections that invade the surface and subsurface of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable, for any reason, far Buyer's intended use or purpose, the Buyer may terminate this Contract by written notice to the Seller, as soon as reasonably practicable, but in any event prior to the expiration of the Absolute Review Period, in which case the Earnest Money will be returned to Buyer, and neither Buyer nor Seller shall have any further duties or obligations hereunder. In the event Buyer elects to terminate this Contract pursuant to the terms of this Article IV, Section 4.01., Buyer will providee to Seller copies of (i) any and all non-confidential and non privileged reports and studies obtained by Buyer during the Absolute Review Period; and (ii) the Survey. ARTICLE V gEPgESENTATZONS WARRANTIES COVENANTS AND AGREEMENTS 5.01 Representations anal Warranties of Selleir. To induce Buyer to enter into this Contract and consummate the sale an ~ en ~ and wa ~ tsto Buy z as of the Effecti eth the terms and provisions herewith, Seller r p Date and as of the Closing Date, except where specific reference is made to another date, that: (a) The descriptive information concerning the Property set forth in this Contract is complete, accurate, true and correct. There are no adverse or other parties in possession of the Property or any part thereof, ro) and no party has been granted any license, lease or other right related to the use or possession of the Property, or any part thereof, except those described in the Leases, as defined in Article V, Section 5.02(x). (c} The Seller has good and marketable fee simple title to the Property, subject only to the Permitted Exceptions. (d) The Seller has the full right, power, and authority to sell and convey the Property as provided in this Contract and to carry out Seller's obligations hereunder. (e) The Seller has not received notice of, and has no other knowledge or information of, any pending or threatened judicial or administrative action, or any action pending or threatened by adjacent landowners or other persons against or affecting the Property. (fj The Seller has disclosed to Buyer in writing of any and all facts and circumstances relating to the physical condition of the Property that may materially and adversely affect the Property and operation or intended operation thereof, or any portion thereof, of which Seller has knowledge. (g) The Seller has paid all real estate and personal property taxes, assessments, excises, and levies that are presently due, if any, which are against or are related to the Property, or will be due as of the Closing, and the Property will be subject to no such liens. (h) Seller has not contracted or entered into any agreement with any real estate broker, agent, finder, or any other party in connection with this transaction or taken any action which would result in any real estate broker commissions or finder's fee or other fees payable to any other party with respect to the transactions contemplated by this Contract. (i) To the best of Seller's n owfiledgee,,e ere has not occurred the disposal or release of any Hazardous Substance As used in this Contract, "Hazardous Substance" means and includes all hazardous and toxic substances, waste or materials, and any pollutant or contaminant, including without limitation, PCB's, asbestos, asbestos-containing material, petroleum products and raw materials, that are included under or regulated by any Envirormental Law or that would or may pose a health, safety or environmental hazard. . As used in this Contract, "Environmental Law" means and includes all federal, state, and local statutes, ordinances, regulations and rules presently in force or hereafter enacted relating to envhontnental quality, contamination, and clean-up of Hazardous Substances, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.G. 9601, et seq.), as amended by the Superfund Amendments and Reauthorization Act of 1986, the Resource Conservation and Recovery Act (42 U.S.C. 6901, et seq.), as amended, and state superlien and environmental clean- up statutes and all rules and regulations presently or hereafter promulgated under or related to said statutes, as amended. (j) All Leases, as defined in Article V, Section 5.02(a), shall have expired or otherwise terminated and any and all tenants shall have permanently abandoned and vacated the Property on or before the date of Closing. 5.02 Covenants and Agreements of Seller. Seller covenants and agrees with Buyer as follows: (a) Unless stated otherwise, within ten true, correct, toO Buyer, respect to theD Property, Seller, sole cost and expense, shall with and complete copies of the following: (i) All lease agreements and/or occupancy agreements and/or licenses of any kind or nature (if oral, Seller shall provide to Buyer in writing all material terms thereof) relating to the possession of the Property, or any part thereof including any and all modifications, supplements, and amendments thereto (the "Leases"). (ii) All environmental audits, soil tests and engineering and feasibility reports, including any and all modifications, supplements and amendments thereto, with respect to the Property that Seller possesses or has the right to receive. (b) From the Effective Date until the date of Closing or earlier termination of this Contract, Seller shall: (i) Not enter into any written or oral contract, lease, easement or right of way agreement, conveyance or any other agreement of any kind with respect to, or affecting, the Property that will not be fully performed on or before the Closing or would be binding on Buyer or the Property after the date of Closing. (ii) Advise the Buyer promptly of any litigation, arbitration, or administrative hearing concerning or affecting the Property. ler. violation of the Not take, or omit S'coany actin that would result venants and agreements of Seller. in representations, warranties, (iv) Not sell, assign, lease or convey any right, title or interest whatsoever in or to the property, or create, or permit to exist, any lien, encumbrance, or charge thereon. (c) Seller shall indemnify and hold Buyer harmless, to the extent permitted by law, from all loss, liability, and expense, including' without limitation, reasonable attorneys' fees, arising or incurred as a result of any liens or claims resulting from labor or materials frnnished to the property under any written or oral contracts arising or entered into prior to Closing. 5.03 Survival Beyond Closing. Notwithstanding anything to the contrary contained in this Contract, the representations, warranties, covenants and agreements of Seller contained in this Contract shall survive the Closing, and shall not, in any circumstance, be merged with the General Warranty Deed, as described in Article VII, Section 7.02(a). ARTICLE VI CONDITIONS PRECEDENT TO PERFORMANCE 6.01 Performance of Seller's Obligations. Buyer is not obligated to perform: under this Contract unless, within the designated time periods, at Seller's sole cost and expense (except as herein expressly provided to the contrary), all of the following shall have occurred: (a) Seller has performed, furnished, or caused to be furnished to Buyer all items required to be so performed or furnished under other sections of this Contract; and (b) Seller cures or Buyer waives in writing, within the time periods specified in Article III, all of Buyer's objections made in accordance with Ar<icie III. 6.02 Breach of Seller's Representations, Warranties, Covenants and Agreements. Buyer is not obligated to perform under this Contract unless all representations, warranties, covenants dat. performed, pt Contract are ere~eren e is made to another been and agreements of the Closing Date, in as applicable, as o 6.03 Adverse Change. Buyer is not obligated to perform under this Contract, if on the date of Closing, any portion of the Property has been condemned, or is the subject of condemnation, eminent domain, or other material proceeding, or the Property, or any part thereof, has been. materially or adversely impaired in any manner. 6.04 Review Period, Buyer is not obligated to perform under this Contract if Buyer delivers notice to Seller pursuant to Article IV, Section. 4.01 that Buyer has determined that the Property is unsuitable to or for Buyer's purposes. 6.05 Buyer's Right to Waive Conditions Precedent. Notwithstanding anything contained in this Contract the cormance oBuyer may, at uyer's option, elect to wve any of f Buyer's obligations under this Contras by giving the the Seller, precedent to the Performance at any time prior to closing, a written waiver specifying the waived condition precedent. 6.06 Buyer's Termination if Conditions n of Buyer's obligations under this Contract have not conditions precedent to the p gation been satisfied by Seller or waived by the Buyer, the Buyer may, by giving written notice to Seiler, terminate this Contract. On Buyer's termination, the Earnest Money shall be immediately returned to Buyer by the Title Company. The Seller shall, on written request from Buyer, promptly issue the instructions necessary to instruct the Title Company to return to Buyer the Earnest Money and, thereafter, except as otherwise provided in this Contract, Buyer and Seller shall have no further obligations under this Contract, one to the other. ARTICLE VII CLOSING 7.01 Date and Place of Closing. The Closing (herein so called) shall take place in the offices of the Title Company and shall be accomplished through an escrow to be established with the Title Company, as escrowee. The Closing Date (herein sometimes called), shall occur upon the later to occur of (i) ten (10) days following the completion of all conditions precedent to Buyer's performance of this Contract, as set forth in Article V1, hereof; and (ii) January 28, 2011, unless otherwise mutually agreed upon by Buyer and Seller. 7.02 Items to be Delivered at the Closing. (a) Seller. At the Closing, Seller shall deliver or cause to be delivered to Buyer or the Title Company, at the expense of the party designated herein, the following items: (i) The Title Policy, in the form specified in Article III, Section 3.05; (ii) The General Warranty Deed, substantially in the form as at ached hereto as Exhibit "B", subject only to the Permitted Exceptions, if any, duly executed by Seller and acknowledged; (iii) Other items reasonably requested by the Title Company as administrative requirements for consummating the Closing. (b) Buyer. At the Closing, Buyer shall deliver to Seller or the Title Company, the following items: (i) The sum required by Article II, Section 2.01, less the Earnest Money and interest earned thereon, in the form of certified or cashier's check or other immediately available fiends; (ii) Other items reasonably requested by the Title Company as administrative requirements for consummating the Closing. 7.03 Adjustments at Closing. Notwithstanding anything to the contrary contained in this Contract, the provisions of this Article VII, Section 7.03 shall survive the Closing. The following item shall be adjusted or prorated between Seller and Buyer with respect to the Property: (a) Ad valorem taxes relating to the Property for the calendar year in which the Closing shall occur shall be prorated between Seller and Buyer as of the Closing Date. If the actual amount of taxes for the calendar year in which the Closing shall occur is not known as of the Closing Date, the proration at Closing shall be based on the amount of taxes due and payable with respect to the Property for the preceding calendar year. As soon as the amount of taxes levied against the Property for the calendar year in which Closing shall occur is known, Seller and Buyer shall readjust in cash the amount of taxes to be paid by each party with the result that Seller shall pay for those taxes attributable to the period of time prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to change of land usage or ownership) and Buyer shall pay for those taxes attributable to the period of time commencing with the Closing Date. 7.04 Possession at Closing. Possession of the Property shall be delivered to Buyer at Closing. 7.05 Costs of Closing. Each party is responsible for paying the legal fees-of its counsel, in negotiating, preparing, and closing the transaction contemplated by this Contract. Seller is responsible for paying fees, costs and expenses identified herein as being the responsibility of Seller. Buyer is responsible for paying fees, costs and expenses identified herein as being the responsibility of Buyer. All other costs or expenses associated with closing the transaction contemplated by this Contract not identified herein shall be paid by the Buyer. ARTICLE VIII DEFAULTS AND REMEDIES 8.01 Seller's Defaults and Buyer's Remedies. (a) Seller's Defaults. Seller is in default under this Contract on the occurrence of any one or more of the following events: (i) Any of Seller's warranties or representations contained in this Contract are untrue on the Closing Date; or (ii) Seller fails to meet, comply with or perform any covenant, agreement, condition precedent or obligation on Seller's part required within the time limits and in the manner required in this Contract; or (iii) Seller fails to deliver at Closing, the items specified in Article VII, Section 7.02(x) of this Contract for any reason other than a default by Buyer or termination of this Contract by Buyer pursuant to the terms hereof prior to Closing. (b) Buyer's Remedies. If Seller is in default under this Contract, Buyer as Buyer's sole and exclusive remedies for the default, may, at Buyer's sole option, do either one of the following: (i) Terminate this Contract by written notice delivered to Seller in which event the Buyer shall be entitled to a return of the Earnest Money, and Seller shall, promptly on written request from Buyer, execute and deliver any documents necessary to cause the Title Company to return to Buyer the Earnest Money; or (ii) Enforce specific performance of this Contract against Seller, requiring Seller to convey the Property to Buyer subject to no liens, encumbrances, exceptions, and conditions other than those shown on the Title Commitment. 8.02 Buyer's Default and Seller's Remedies. (a) Buyer's Default. Buyer is in default under this Contract if Buyer fails to deliver at Closing, the items specified in Article VII, Section 7.02(b) of this Contract for any reason other than a default by Seller under this Contract or termination of this Contract pursuant to the terms hereof prior to Closing. (b) Seller's Remedy. If Buyer is in default under this Contract, Seller, as Seller's sole and exclusive remedy for the default, may terminate this Contract by written notice delivered to Buyer in which event the Seller shall be entitled to a return of the Earnest Money, and Buyer shall, promptly on written request from Seller, execute and deliver any documents necessary to cause the Title Company to return to Seller the Earnest Money. ARTICLE IX NIISCELLANEOUS 9.o! Notice. All notices, demands, requests, and other communications required hereunder shall be in writing, delivered as provided herein, and shall be deemed to be delivered, upon the earlier to occur of (a) the date provided if provided by telephonic facsimile, and (b) the date of the deposit of, in a regularly maintained receptacle for the United States Mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: SELLER: BUYER: Philip R. Tharp City of Denton 389 Mac's Grocery Road Paul Williamson Real Estate and Capital Support Box A TX 76230 Bowie 901-A Texas Street , Denton, Texas 76209 Joe B. Moore Telecopy: (940) 349-8951 532 A 6' Street Boulder City, NV 89005 Copies to: For -Seller-- For Buyer_ Lance Vanzant Richard Casner, Deputy City Attorney Hayes, Berry, White & Vanzant City Attorney's Office 512 West Hickory Street, Suite 100 215 E. McKinney Denton, TX 76201 Denton, Texas 76201 Telecopy: (866) 590-1744 Telecopy: (940) 352-7923 9.02 Governing Law and Venue. This Contract is being executed and delivered and is intended to be performed in the State of Texas, the laws of Texas governing the validity, construction, enforcement and interpretation of this Contract. THIS CONTRACT IS pERFORMABLE IN, AND THE EXCLUSIVE VENUE FOR ANY ACTION BROUGHT WITH RESPECT HERETO, SHALL LIE IN DENTON COUNTY, TEXAS. 9.03 Entirety and Amendments. This Contract embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, related to the Property, and may be amended or supplemented only in writing executed by the party against whom enforcement is sought. 9.04 Parties Bound. This Contract is binding upon and inures to the benefit of Seller and Buyer, and their respective successors and assigns. If requested by Buyer, Seller agrees to execute, acknowledge and record a memorandum of this Contract in the Real Property Records of Denton County, Texas, imparting notice of this Contract to the public. 9.05 Risk of Loss. If any damage or destruction to any improvement located on the Land shall occur prior to Closing, or if any condemnation or any eminent domain proceedings are threatened or initiated that might result in the taking of any ponion of the Property, Buyer may, at Buyer's option, do any of the following: (a) Terminate this Contract and withdraw from this transaction without cost, obligation or liability, in which case the Earnest Money shall be immediately returned to Buyer; or (b) Consummate this Contract, in which case Buyer, with respect to the Property, shall be entitled to receive any (i) in the case of damage or destruction, any insurance proceeds, together with the deductible amount under Seller's policy or policies; and (ii) in the case of eminent domain, proceeds paid for the Property related to the eminent domain proceedings. If Buyer makes this election, the Closing shall be held on the tenth (10) calendar day after election is rjaade to close and receive the proceeds described herein. Buyer shall have a period of text (10) days after receipt of written notification from Seller on the final settlement of all condemnation proceedings or insurance claims related to damage or destruction of any improvement located on the Property, in which to make Buyer's election. 9.06 Further Assurances. In addition to the acts and deeds recited in this Contract and contemplated to be performed, executed and/or delivered by Seller and Buyer, Seller and Buyer agree to perform, execute and/or deliver, or cause to be performed, executed and/or delivered at the Closing or after the Closing, any further deeds, acts, and assurances as are reasonably necessary to consummate the transactions contemplated hereby. Notwithstanding anything to the contrary contained in this Contract, the provisions of this Article IX, Section 9.06 shall survive Closing. 9.07 Time is of the Essence. It is expressly agreed between Buyer and Seller that time, is of the essence with respect to this Contract. 9.08 Exhibits. The Exhibits which are referenced in, and attached to this Contract, are incorporated in and made a part of, this Contract for all purposes. 9.09 Delegation of Au#h are .heeb o en delegated by Buyer, pursuant to action by the City by Buyer under this Contract Y Council of Denton, Texas, to the Director of Water Utilities of Buyer, or his designee. 9.10 Contract Execution. men togThis ether shall Contract of constitute eoneaand the same agreement, and any of counterparts, all of why the parties hereto may execute this Agreement by signing any such counterpart. 9ji expiration of Offer. The execution of this Contract by Seller constitutes, subject to the terms hereof, an irrevocable offer to sell the Property to Buyer. Unless by 5:00 p.m., on October 20, 2010, this Contract is accepted by Buyer by action of the City Council of Buyer, the offer of this contract shall be automatically revoked and terminated. SELLER: By: ) --4P PHILIP R. THARP By: JOE B ORE Executed by Seller on the day of 2010. -JVI?d BUYER: By: GEORGE C_ CAMPBELL, CITY MANAGER Executed by Buyer on the day of 2010 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, Title Company acknowledges receipt of (1) an executed copy of this Contract. Title Company agrees to comply with, and be bound by, the terms and provisions of this Contract and to perform its duties pursuant to the provisions of this Contract and comply with section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and as further set forth in any regulations or forms promulgated thereunder. TITLE COMPANY: Capital Title of Texas 620 West Hickory Street Denton, TX 76201 By: printed Nance: Title: Zola Contract receipt date: EXp1IBIT "A" to Contract of Sale Legal Description 602 Rose Street Denton, TX 76209-4346 Being Lot 1, Block 2, College Beauty Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 198, Page 365 of the Deed Records of Denton County, Texas. Contract of Sale Page 15 of 18 EXHIBIT "B" to Contract of Sale NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU TARE A NATURAL HE FOLLOWING PERSON, YOU MAY REMOVE OR STRIKE ANY INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. GENERAL WARRANTY DEED STATE OF TEXAS § COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS That Philip R. Tharp and Joe B. Moore (collectively herein called "Grantor"), for and in consideration of the sum of TEN AND N01100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation (herein called "Grantee"), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee all the real property in Denton County, Texas being particularly described on Exhibit "A", attached hereto and made a part hereof for all purposes, and being located in Denton County, Texas, together with any and all rights or interests of Grantor in and to adjacent streets, alleys and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances thereto (collectively, the "Property'). This conveyance is subject to the following: [Insert Permitted Exceptions, if any] Contract of Sale Page 16 of 19 TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED the 1_ day of 2010. By: By: THE STATE OB'j/ § COUNTY OF§ This instrument was acknowledged before me 2010 by Philip R. Tharp. ADRIANA G. SANCHEZ Notary Public, State of Texas t My Commission Expires May 31, 2013 THE STATE Oi COUNTY OF k)AdM) on 4' &K~ 1 Public, State of Texas Notary My commission expires This instrument was acknowledged before me on 2010 by Joe B. Moore. *A Y PCB p ,.,o..• ADRIANA G. SANCHEZ Notary Public, to of Texas Notary Public, State of Texas My commission expires: My Commission Expires May 31, 2013 Contract of Sale Page 17 of 18 31 ~RT H. Exhibit "A" To General Warranty Deed Legal Description 602 Rose Street Denton, TX 76209-4346 Being Lot 1, Block 2, College Beauty Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 198, Page 365 of the Deed Records of Denton County, Texas. Contract of Sale Page 19 of 18 EXHIBIT 2 J CHAPEL w 0 TWU CAMPUS N oPo d ~ Psed AD ISTR ro o GO ~ GROVE Purchase 0 ~RD w LLJ Tract 71 J 0 00 COL EGE o W~ Q < O w PIRTL M CITY __J SERVICE o o CENTER o 0 SCHMITZ EXAS TEXA TEXAS PAC( 0 L- N Q MAY WITHERS 7 11 o Li PAISLEY PAISLE Quakertown W 21 Park M LL- z Y LLJ o Q t O LL- 00 >LLJ POOL o ARBiE _ Q ~ ~W w_ SENIOR ENTER Q LEH RW N ~ V)0 C 0 BAN ER 0 L J- __J = DAVI __J E N ULAND o , DAVI SHERIFF W C^ Q 0 DEPT. M w MCKINNEYM o Z a Q Q Q Q 0 = O~ Lid 0 L-L J OAK IT 1 D 00 0 -IF w , pni ins OAK 0 N Location Map 602 Rose Street October 2010 Paisley Drainage Improvements Project - Phase 11 EXHIBIT 3 1, a N Subject Purchase Tract: 602 Rose Street 4~htl w E Paisley Drainage Improvements Project - Phase II t S City of Denton, Texas October 2010 AGENDA INFORMATION SHEET AGENDA DATE: October 19, 2010 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 *1--- SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement for design and engineering services relating to the Bonnie Brae Road Widening and Improvements project: providing for the expenditure of funds therefor; and providing an effective date (File 4520 - awarded to Graham Associates, Inc. in an amount not-to-exceed $5,444,253.00). BACKGROUND The City of Denton applied for regional toll revenue (RTR) funding from S.H. 121 tolling proceeds for several major transportation projects in August 2007. In August 2008, the City was notified that the Bonnie Brae Road project (widening of Bonnie Brae Road from its existing collector configuration to a secondary arterial section from IH35E south to U.S. Hwy. 377 - refer to Exhibit 1) was selected for RTR funding. The State notified staff on September 28, 2009 that the City's contracts or advanced funding agreements had been approved in Austin. The advanced funding agreement (AFA) for Bonnie Brae Road, which was approved by City Council on February 2, 2010, sets forth the payment provisions and timing for the funding of this project. The total funded amount of the project is $57,689,189.00, with $46,151,351.00 coming from the State and $11,537,838.00 provided by local match. Denton County approved the expenditure of $2,000,000.00 from Precinct 4 as part of their TRIP '08 program. A total of $9,537,838.00 of the required local match will need to be provided from the City of Denton. Utility and CIP Engineering and the Purchasing Department issued a Request for Proposals (RFP) to a total of fourteen consulting firms for the project. Ten proposals were received from interested firms on June 17, 2010. A selection team made up of six staff members screened and ranked the proposals received based on criteria listed in the RFP and, based on that ranking, a total of four firms were shortlisted and invited to interview. Presentations were made by the various firms on July 8, 2010. Based on the presentations made, Graham Associates, Inc. was chosen by the selection team as the firm with which to initiate contract negotiations. The proposed engineering fee of $5,444,253.00 for the professional services on this project is representative of a sole source contract for all of the engineering and other professional services anticipated. For example, the fee includes amounts for a detailed preliminary investigation and schematic preparation, subsurface utility engineering (SUE), hydraulic analyses and permitting, environmental analyses and permitting, public involvement, survey, easement preparation and negotiation, geotechnical investigation and site specific pavement design, detailed design phase, bid phase assistance and full time constriction services representation and support including materials testing. Various components calculated in support of this fee included $2,432,105.00 for basic services (TxDOT geometrics, constriction plans for Bonnie Brae and the TxDOT intersection tie-ins, two railroad crossings, traffic control, utility coordination, bridge design, bidding assistance and constriction administration), $2,962,148.00 for additional services (surveying, hydraulic analyses and permitting, environmental permitting assistance, traffic signal design, geotechnical analysis for design and geotechnical/materials testing for constriction phase, ROW acquisition services and traffic engineering), and $50,000.00 for expenses. The consultant projects a preliminary opinion of probable constriction cost for the project at approximately $41.0 million dollars. Basic services represent approximately 5.93% of the projected constriction cost. It should be noted that constriction administration costs are not typically included as a component of basic services; however, this amount still does not result in the percentage being abnormally high. The total contract amount represents approximately 13.28% of the projected constriction cost; however, the engineering and other services component of the total contract amount minus the ROW acquisition and materials testing is approximately 9.66%. Staff referenced two sources for comparison of fees based on a percentage of constriction: The American Society of Civil Engineers (ASCE) Manual No. 45 and Consulting Engineers Council of Texas (CEC-T) curves of median compensation. From ASCE Manual No. 45, the design fee is projected at approximately 5% of the preliminary opinion of probable constriction cost and total fee is project at approximately 12% of the preliminary opinion of probable constriction cost. From CEC-T curve of median compensation "B", the design fee is projected at approximately 5.7% of the preliminary opinion of probable constriction cost (although this curve is referenced and utilized for comparison purposes, it dates back to 1982 and is generally considered to be out of date). Staff also looked at the hourly breakdown for each task to evaluate the effort and costs per line item and at the possible number of plan sheets for the project in order to further evaluate the effort involved. Costs and scope descriptions with the consultant went through a total of four iterations back and forth between the consultant and staff. OPTIONS 1. Approve the Professional Services Agreement. 2. Reject the Professional Services Agreement. RECOMMENDATION Staff recommends approval of the Professional Services Agreement between the City of Denton and Graham Associates, Inc. in the amount of $5,444,253.00 for Engineering Services for the Bonnie Brae Road Widening and Improvements project. The various analyses and negotiations conducted to evaluate the fee demonstrated that the amount of the contract is consistent with the level of effort required for a project of this nature. PRIOR ACTION/REVIEW (Council, Boards, Commissions) 1. Mobility Committee Meeting - October 24, 2009. 2. CIP Oversight Committee Meeting -January 7, 2010. 3. City Council Meeting -February 2, 2010. FISCAL INFORMATION Funding for the first two phases this project was approved along with the AFA on February 2, 2010. The City's share of the local match has been partially allocated to the project (constriction local match from the City in the amount of $8,046,040.22 will need to be funded). Funds from the State for the first two phases of the project (Engineering and ROW Acquisition/Utilities) have already been received and deposited. It is worth noting that, at least at the current time, the total projected constriction cost for the project is within the budgeted amount of $48,666,116.46. Likewise, the total amount of the recommended contract with Graham Associates, Inc. is less than the total amount budgeted for engineering ($6,449,383.78); however, the AFA funding will also need to cover internal staff engineering and ROW acquisition expenses. BID INFORMATION Not applicable. EXHIBITS 1. Ordinance 2. Professional Services Agreement. 3. Bonnie Brae Road Layout. Respectfully submitted, Frank G. Payne, P.E. City Engineer EXHIBIT 1 ORDINANCE NO. 2010- AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER WITH GRAHAM ASSOCIATES, INC. PERTAINING TO THE CITY OF DENTON BONNIE BRAE WIDENING AND IMPROVEMENTS PROJECT, RELATING TO DESIGN, ENGINEERING AND RELATED SERVICES FOR SAID PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FOR A TOTAL FEE OF NOT-TO-EXCEED $5,444,253). WHEREAS, the City Council deems it necessary and appropriate and in the public interest to engage the design and engineering firm of Graham Associates, Inc., a corporation (hereafter "GAP") with its corporate office at 600 Six Flags Drive, Suite 500, Arlington, Texas 76011, to provide the City with professional design and engineering services pertaining to the City of Denton Bonnie Brae Widening and Improvements Project, hereafter referred to as the "Project;" and WHEREAS, the City staff has reported to the City Council that this project is a major project and there is a substantial need for the hereinabove described professional services by the City of Denton, and that limited City staff cannot adequately perform the specialized engineering and other services and tasks, with its own personnel; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act," generally provides that a city may not select a provider of professional services on the basis of competitive bids, but must select the provider of professional services on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; and WHEREAS, the City Council hereby is of the opinion, and finds and concludes that GAI is appropriately qualified under the provisions of the law, to be retained as a design and engineering firm for the City respecting this engagement; and WHEREAS, the City Council has provided in the City budget for the appropriation of funds to be used for the procurement of the foregoing professional services, as set forth in the "Professional Services Agreement for Architect or Engineer" pertaining to the Project; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations contained in the preamble hereto are true and correct and are incorporated herewith as a part of this Ordinance. SECTION 2: The City Manager is hereby authorized to execute a "Professional Services Agreement for Architect or Engineer" (the "Agreement") with the engineering firm of Graham Associates, Inc., a Corporation, for professional design and engineering services pertaining to the 1 Project, as hereinabove described, in substantially the form of the Agreement which is attached hereto as Exhibit "A," which is incorporated herewith by reference. SECTION 3: The award of this Agreement is on the basis of the demonstrated competence and qualifications of the firm of GAI, and the ability of GAI, to perform the professional design and engineering and related services needed by the City for a fair and reasonable price. SECTION 4: The expenditure of funds as provided for in the attached Agreement is hereby authorized. SECTION 5: This ordinance shall become effective upon its passage and approval. PASSED AND APPROVED this the day of 12010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: 2 EXHIBIT 2 PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER THIS AGREEMENT is made and entered into as of the day of , 2010, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "Owner" and Graham Associates, Inc., with its corporate office at 600 Six Flags Drive, Suite 500, Arlington, Texas 76011 hereinafter called "Design Professional," acting herein, by and through their duly authorized representatives. In consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: SECTION 1 EMPLOYMENT OF DESIGN PROFESSIONAL The Owner hereby contracts with the Design Professional, a licensed Texas architect or engineer, as an independent contractor. The Design Professional hereby agrees to perform the services as described herein and in the Proposal, the General Conditions, and other attachments to this Agreement that are referenced in Section 3, in connection with the Project. The Project shall include, without limitation, but shall not be limited to the following major components (for a more precise or comprehensive description of the Scope refer to Exhibit 2, Attachment E): A. Conceptual Design Plans Task 1: Bonnie Brae Street (City Portion) - Conceptual plans (30% Plans) for this section of the project shall be prepared to such detail as is necessary to resolve all conceptual issues. Conceptual plans must be approved by Owner prior to Design Professional commencing with the preparation of preliminary design construction plans. Task 2: US Hwy 377 and FM 1515 - Prepare Geometric Design Plans - Plans for this project shall be prepared in accordance with Texas Department of Transportation (TxDOT) design criteria on such a scale (not smaller than 1" = 100') and to such detail as is necessary to resolve major design issues. Design Professional shall prepare geometric plans which will include the following: 1. Horizontal alignment of proposed paving, medians, etc. 2. Vertical alignment of proposed roadway. 3. The project traffic volumes (A,D.T.). 4. Direction of traffic flow on all roadways, 5. An opinion of probable construction costs. 6. The approximate location of all existing and proposed driveways within limits of the project. 7. The location of all trees with a diameter of six inches (6") or greater. 8. A preliminary drainage study, including drainage areas, location and size of existing drainage facilities, the approximate size and alignment of proposed drainage facilities, and approximate discharges. 9. Approximate dimensions of existing and proposed right-of-way and easements. B. Task 3: Union Pacific Railroad (U.P.R.R.) and Kansas City Southern Railroad (K.C.S.R.R.) Permit 1. Horizontal alignment of proposed roadway and track work. 2. Vertical profiles of proposed roadway and track work. 3. Typical sections. 4. Sequence of work. 5. Summary of work to be completed by Contractor. 6. Summary of work to be completed by the Railroad. 7. Submitting plans to U.P.R.R. and K.C.&R.R. for approvals. 8. Pedestrian crossing for the U.P.R.R. and K.C.S.R.R. Preliminary Design Construction Plans Task 1: Bonnie Brae Street and U.S. Hwy 377 and FM 1515 (TxDOT Portion) - Prepare 30% Plans, Specifications, and Estimate (P.S.&E) documents for TxDOT. 1. Preliminary plans title sheet with index of sheets. 2. Project layout. 3. Existing/proposed typical sections. 4. Preliminary plans summary sheets. 5. Aligmlient sheets. 6. Plan/profile sheets for all alignments (horizontal and vertical alignments final upon approval of 30% plans level). 7. Preliminary plans intersection layouts. 8. Drainage area maps. 9. Hydraulic computations. 10. Preliminary plans culvert layouts. 11. Preliminary plans storm sewer layouts. 12. Preliminary plans water and sanitary sewer layouts only. 13. Pavement design report. Task 3: Union Pacific Railroad and Kansas City Southern Railroad 1. Meetings at Dallas/ Fort Worth Division office. 2. Preliminary engineering required to satisfy U.P.R.R. and K.C.S.R.R. 3. Preliminary work on utility relocations. 2 C. Preliminary Right-of-Way Documents 60% Plans for Bonnie Brae Street - City Portion Preliminary Construction Plans Union Pacific Railroad and Kansas City Southern Railroad. Task l: - Right-of-Way Determination for the project streets - In conformance with City and State standards, Design Professional shall survey, render field notes, and prepare detailed plans (right-of-way strip maps) and individual parcel exhibits for any additional right-of-way and/or easements, including temporary construction easements, needed. Design Professional shall also set control points, which shall be based on NAD-83, on both sides of the road. The required items are necessary for the acquisition of right-of-way required to construct Project. This information shall be required prior to acceptance of final construction plans. Task 2: Bonnie Brae Street (City Portion 60% Plans) - At such time as Design Professional is directed by Owner, Design Professional shall prepare the following: 1. Title sheet with index of sheets. 2. Project layout. 3. Existing/proposed typical sections. 4. Plans summary sheets. 5. Plans traffic control plan. 6. Alignment sheets. 7. Plan/profile sheets for all alignments. 8. Intersection layouts. 9. Miscellaneous roadway details. 10. Drainage design. 11. Drainage area maps. 12. Hydraulic computations. 13. Water and sewer plan 14. Culvert layouts. 15. Storm sewer layouts. 16. Utility exhibits. 17. Traffic signal layouts. 18. Illumination layouts. 19. Signing layouts. 20. Pavement marking layouts and delineation. 21. Erosion Control layouts. 22. Cross-sections. The preliminary plans will include water, sewer, and drainage improvements design, and preliminary work on utility relocations. Task 3: - Prepare 60% P.S.&E. Documents for TxDOT for the intersection of Bonnie Brae Street with U.S. Hwy 377 and FM 1515. 23. Address 30% comments. 24. Update title sheet with index of sheets. 25. Project layout. 26. Final existing/proposed typical sections, 27. Preliminary plans summary sheets. 28. Preliminary plans traffic control plan. 29. Aligivnent sheets. 30. Plan/profile sheets for all alignments. 31. Preliminary plans intersection layouts. 32. Miscellaneous roadway details. 33. Final drainage design. 34. Drainage area maps. 35. Hydraulic computations. 36, Preliminary plans water and sewer. 37. Culvert layouts. 38. Storm sewer layouts. 39. Final utility exhibits. 40. Preliminary plans traffic signal layouts. 41. Preliminary plans illumination layouts. 42. Preliminary plans signing layouts. 43. Preliminary plans pavement marking layouts and delineation. 44. Preliminary plans for Erosion Control layouts. 45. Update cross-sections. 46. Update cost and schedule. 47. Subsurface Utility Engineering (S,U,E,) work for utility relocations. Task 3: Union Pacific Railroad and Kansas City Southern Railroad 1. Meetings at Dallas/Font Worth Division office. D. Final Construction Plans Task 1: Final Design Construction Plans (90% Plans) - Bonnie Brae Street - City Portion. 1. Construction plans. 2. Bid proposal. 3. Special specifications as required. Task 2: Prepare 90% P.S.&E. Documents for TxDOT on U.S. Hwy 377 and FM 1515. 1. Update 60% comments. 2. Update title sheet with index of sheets. 3. Project layout. 4. Existing/proposed typical sections. 4 5. Summary sheets. 6. Traffic control plan with signing and warning devices. 7. Alignment sheets. 8. Plan/profile sheets. 9. Intersection layouts. 10. Miscellaneous roadway details. 11. Drainage area map. 12. Hydraulic computations. 13. Bridge layouts (includes bridge class box culverts). 14, Culvert layouts. 15. Storm sewer layouts. 16. Utility exhibits. 17. Traffic signal layouts. 18. Illumination layouts. 19. Signing layouts. 20, Pavement markings layouts and delineation. 21. Erosion Control layouts. 22. Cross-sections. 23. Update cost and schedule. 24. Completed general notes, specification data sheets, special provisions, special specifications. 25. Completed contract time determination, other supporting paperwork needed for submittal. 26, Complete project certification forms for right-of-way, encroachment, individual relocation, and utility relocation. E. Task 3: Kansas City Southern and Union Pacific Railroad 1. Coordination with Main Office, and Dallas/ Fort Worth District. 2. Prepare preliminary agreements between K.C.S.R.R. and City and the U.P.R.R. and City. 3. Subsurface Utility Engineering Plans in the area to determine location of existing utilities to aid in the design of improvements crossing the railroad including drainage. Task 4: Right-of-Way 1, Prepare final right-of-way plans and documents for all streets on the project, 100%Construction Plans Right-of-Way, and Specifications Task 1: 100% Bonnie Brae Street - City Portion 1. Revise plans per Owner's review continents. 2. Revise specifications/bid documents per Owner's review comments. 5 3. Revise right-of-way documents per Owner's review comments. Task 2: 100% P.S.&E, for U.S. Hwy 377 and FM 1 S 1 S. 1. Complete all revisions and additional information requested by the Owner based on conmients received from TaDOT. 2. District certification of local environmental document, right-of-way, encroachments, individual relocations, and utility relocation status form. Task 3: Union Pacific Railroad and Kansas City Southern 1. Any changes to plans requested by Owner per U.P.R.R. and K.C.S.R.R. review. 2. Finalize contracts between Railroads and the City of Denton for bidding of project. F. Miscellaneous Requirements - l. Design Professional shall furnish, upon request by Owner, one (1) set of film reproducibles of the "Final" approved and dated plans. Design Professional shall submit an electronic copy of the drawings in a format acceptable to the Owner. 2. The Design Professional shall also prepare Record Drawings utilizing the construction plans based upon redline markups reflecting any field changes. The Contractor shall prepare and supply the redline markups to the Design Professional after construction is complete. Design Professional shall submit one (1) set of film reproducibles and an electronic copy of the Record Drawings in a format acceptable to the Owner. 6 SECTION 2 COMPENSATION Total compensation for the Design Professional contemplated under the terms of this agreement shall be $5,444,253.00 for all services including reimbursable expenses. The Owner shall compensate the Design Professional as follows: 2.1 BASIC SERVICES 2.1.1 For Basic Services the total compensation shall be $2,432,105. 2.1.2 Progress payments for Basic Services shall be paid monthly based on the actual work satisfactorily completed per month in each phase as a percentage of the overall compensation for that phase, with the following percentages of the total compensation for the Basic Services for each phase of the Project: Schematic Design Phase 17.8% Design and Development Phase 38.9% Constriction Documents Phase 36.2% Bidding Phase 0.6% Construction Phase 6.5% 100% 2.2 ADDITIONAL SERVICES 2.2.1 For Additional Services the total compensation shall be $2,962,148. Compensation for Additional Services shall be based on actual services authorized and performed with lump sum or maximum not to exceed subtotals depending on the service provided all as shown in Exhibit 2, Attachment A. The schedule for the hourly rates is attached as Exhibit 4. 2.2.2 Compensation for Additional Services of consultants, including additional structural, mechanical and electrical engineering services, geotechnical services, right-of-way services, etc. shall be based on a multiple of 1.1 times the amounts billed to the Design Professional for such additional services. 2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of 1.05 times the expenses incurred by the Design Professional, the Design Professional's employees and consultants in the interest of the Project as defined in the General Conditions but not to exceed a total of $50,000.00 without the prior written approval of the Owner. This amount does not include appraisals, escrow fees, abstract fees, title fees, FEMA review fees. SECTION 3 ENTIRE AGREEMENT This Agreement includes this executed agreement and the following documents all of which are attached hereto and made a part hereof by reference as if fully set forth herein: Exhibit 1. City of Denton General Conditions to Agreement for Architectural or Engineering Services. Exhibit 2. The Design Professional's Proposal Attachments A through E: Attachment A - Summary of Engineering Fees Attachment B - Projected Plan Sheets Attachment C - Organizational Chart Attachment D - Estimate of Construction Costs Attachment E - Scope of Services and Deliverables Exhibit 3. Project Schedule Exhibit 4. Schedule of Rates This Agreement is signed by the parties hereto effective as of the date first above written. CITY OF DENTON, TEXAS A Municipal Corporation BY: GEORGE C. CAMPBELL CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORK, ANITA U G S, C Y AT Y BY GRAHAM ASSOCIATES, INC. A Corporation BY- W. JEF WILLIAMS, P.E. PRESIDENT ATTES BY: LISA WILEY 8 Exhibit 1 CITY OF DENTON GENERAL CONDITIONS TO AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSIBILITIES 1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "Agreement") and proposal (die "Proposal") to which these General Conditions are attached) performed by the Architect or Engineer (hereinafter called the "Design Professional") or Design Professional's employees and consultants as enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the "Services"). 1.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely actions (the "Degree of Care"). The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of the Project. Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the performance of the Services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any adjustments to this schedule shall be mutually acceptable to both parties. ARTICLE 2 SCOPE OF BASIC SERVICES 2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 2.2 through 2.6 of these General Conditions and include without limitation normal structural, civil, mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set of Construction Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owners needs and to establish the requirements for the Project. 2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Subsection 5.2.1. 2.2.3 The Design Professional shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations. 2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of time from the commencement to the completion of construction. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Design Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design Professional represents that the Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project. 2.3.2 The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described in Section 2.2.5. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Design Professional shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. 2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information, bidding or procurement forms, the Conditions of the contract, and the form of Agreement between the Owner and contractor. 2.4.3 The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. 2.4.4 The Design Professional shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 CONSTUCTION CONTRACT PROCUREMENT 2.5.1 The Design Professional, following the Owners approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost, shall assist the Owner in procuring a construction contract for the Project through any procurement method that is legally applicable to the Project including without Page 1 of 8 H:\Misc\Blank Forms\GENERAL CONDITIONS-ARCHITECT-ENGINEER Revised 052209.doc Revised 5-30-02 limitation, the competitive sealed bidding process. Although the owner will consider the advice of the Design Professional, the award of the construction contract is in the sole discretion of the Owner. 2.5.2 If the construction contract amount for the Project exceeds the total construction cost of the Project as set forth in the approved Detailed Statement of Probable Construction Costs of the Project submitted by the Design Professional, then the Design Professional, at its sole cost and expense, will revise the Construction Documents as may be required by the Owner to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed the total construction cost set forth in the approved Detailed Statement of Probable Construction Costs. 2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the terms of Subsection 8.3.2. 2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For design professionalss the administration shall also be in accordance with AIA document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement as may be amended by the City of Denton special conditions, unless otherwise provided in the Agreement. For engineers the administration shall also be in accordance with the Standard Specifications for Public Works Construction by the North Central Texas Council of Governments, current as of the date of the Agreement, unless otherwise provided in the Agreement. 2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, modified or extended without written agreement of the Owner and Design Professional. 2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owner's direction from time to time during the correction, or warranty period described in the Contract for Construction. The Design Professional shall have authority to act on behalf of the Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument. 2.6.5 The Design Professional shall observe the construction site at least one time a week, while construction is in progress, and as reasonably necessary while construction is not in progress, to become familiar with the progress and quality of the work completed and to determine if the work is being performed in a manner indicating that the work when completed will be in accordance with the Contract Documents. Design Professional shall provide Owner a written report subsequent to each on-site visit. On the basis of on-site observations the Design Professional shall keep the Owner informed of the progress and quality of the work, and shall exercise the Degree of Care and diligence in discovering and promptly reporting to the Owner any observable defects or deficiencies in the work of Contractor or any subcontractors. The Design Professional represents that he will follow Degree of Care in performing all Services under the Agreement. The Design Professional shall promptly correct any defective designs or specifications famished by the Design Professional at no cost to the Owner. The Owner's approval, acceptance, use of or payment for all or any part of the Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the Owner's rights hereunder. 2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work. The Design Professional shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omis- sions. The Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress. 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through the Design Professional. Communications by and with the Design Professional's consultants shall be through the Design Professional. 2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Design Professional shall review and certify the amounts due the Contractor. 2.6.10 The Design Professional's certification for payment shall constitute a representation to the Owner, based on the Design Professional's observations at the site as provided in Subsection 2.6.5 and on the data comprising the Contractor's Application for Payment, that the work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to minor deviations from the Contract Documents cor- rectable prior to completion and to specific qualifications expressed by the Design Professional. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Design Professional has (1) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract Documents. Whenever the Design Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to require additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authority shall give rise to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the work. 2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples for the purpose of (1) determining compliance with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the work, when completed, will be in compliance with the requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no delay in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design Professional's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Design Professional's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Design Professional, of construction means, methods, techniques, sequences or procedures. The Design Professional's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics Page 2 of 8 H:\Misc\Blank Forms\GENERAL CONDITIONS-ARCHITECT-ENGINEER Revised 052209.doc Revised 5-30-02 of materials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.6.13 The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Design Professional as provided in Subsections 3.1.1 and 3.3.3, for the Owners approval and execution in accordance with the Contract Documents, and may authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review written guarantees and related documents required by the Contract for Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the requirements of the Contract Documents. 2.6.15 The Design Professional shall interpret and provide recommendations on matters concerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Design Professional shall endeavor to secure faithful performance by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this Agreement and in the absence of negligence. 2.6.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and Contractor relating to the execution or progress of the work as provided in the Contract Documents. 2.6.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner for all damages caused by the defective designs the Design Professional prepares; and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any rights the Owner may have under the Agreement or diminish any of the Design Professional's obligations thereunder. 2.6.19 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during the Construction Phase. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond the Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional services until it receives written approval from the Owner to proceed. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Design Professional shall have no obligation to provide those services. Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if they are not required due to the negligence or fault of Design Professional. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as agreed by the Owner and Design Professional. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are: 1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owners program or Project budget; 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or 3. due to changes required as a result of the Owners failure to render decision in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owners schedule, except for services required under Subsection 2.5.2. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such work. 33.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. Page 3 of 8 H:\Misc\Blank Forms\GENERAL CONDITIONS-ARCHITECT-ENGINEER Revised 052209.doc Revised 5-30-02 3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work. 3.3.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto 33.8 Providing services in addition to those required by Article 2 for preparing documents for alternate, separate or sequential bids or providing services in connection with bidding or construction prior to the completion of the Construction Documents Phase. 3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.3.9. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing financial feasibility or other special studies. 3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.4.3 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.4 Providing services relative to future facilities, systems and equipment. 3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.6 Providing services to verify the accuracy of drawings or other information famished by the Owner. 3.4.7 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.9 Providing analyses of operating and maintenance costs. 3.4.10 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.12 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance and consultation during operation. 3.4.13 Providing interior design and similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment and expiration of the Warranty period of the Contract for Construction. 3.4.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.16 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 3.4.17 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during con- struction based on marked-up prints, drawings and other data furnished by the Contractor to the Design Professional. 3.4.18 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.4.18. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, including (1) the Owner's objectives, (2) schedule and design constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more speci- fically described in Subsection 2.2.1. 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Design Professional, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. Page 4 of 8 H:\Misc\Blank Forms\GENERAL CONDITIONS-ARCHITECT-ENGINEER Revised 052209.doc Revised 5-30-02 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential progress of the Design Professional's services. 4.5 Where applicable, the Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark. 4.6 Where applicable, the Owner shall furnish the services of geotechnical engineers when such services are requested by the Design Professional. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and re- sistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services. 4.7 When not a part of the Additional Services, the Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall fumish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be fumished at the Owner's expense, and the Design Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional. 4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require knowledge or services beyond the scope of the Agreement. ARTICLE 5 CONSTRUCTION COST 5.1 CONSTRUCTION COST DEFINED 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Design Professional. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Design Professional, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for con- tingencies shall be included for market conditions at the time of bidding and for changes in the work during construction. 5.1.3 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights-of-way, financing or other costs which are the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design Professional represent the Design Professional's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the famishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS 6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professional's service and shall become the property of the Owner upon termination or completion of the Agreement. The Design Professional is entitled to retain copies of all such documents. Such documents are intended only be applicable to this Project, and Owner's use of such documents in 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 the Agreement in another project or for other purposes than are specified in the Agreement, the Design Professional is released from any and all liability relating to their use in that project Page 5 of 8 H:\Misc\Blank Forms\GENERAL CONDITIONS-ARCHITECT-ENGINEER Revised 052209.doc Revised 5-30-02 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Design Professional's reserved rights. ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT 7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thirty (30) days prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease immediately upon Design Professional's receipt of such notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it satisfactorily performed prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon termination of the Agreement and shall be promptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design Professional for continuation of services on the Project, Design Professional shall cooperate in providing information. 7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to notice of such suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design Professional's services. 7.3 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written notice. 7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be considered substantial non- performance and cause for termination. 7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design Professional may, upon seven days written notice to the Owner, suspend performance of services under the Agreement. 7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily performed prior to termination. ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL 8.1 DIRECT PERSONNEL EXPENSE 8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 8.2 REIDIBURSABLE EXPENSES 8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and Design Professional's employees and consultants in the interest of the Project, as identified in the following Clauses. 8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project. 8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings, Specifications and other documents. 8.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner. 8.2.1.5 Expense of computer-aided design and drafting equipment time when used in connection with the Project. 8.2.1.6 Other expenses that are approved in advance in writing by the Owner. 8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 8.3.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Section 2 of the Agreement and the schedule of work. 8.3.2 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Section 2 of the Agreement. 8.3.3 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 2 of the Agreement based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. 8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES Page 6 of 8 H:\Misc\Blank Forms\GENERAL CONDITIONS-ARCHITECT-ENGINEER Revised 052209.doc Revised 5-30-02 8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days after the presentation to the Owner of the Design Professional's statement of services rendered or expenses incurred. 8.5 PAYMENTS WITHHELD No deductions shall be made from the Design Professional's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the work other than those for which the Design Professional is responsible. ARTICLE 9 INDEMNITY 9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the Owner, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its officers, shareholders, agents, or employees in the performance of the Agreement. 9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an insurance company licensed or authorized to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: 10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $2,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $250,000 in the aggregate. 10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident. 10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident including occupational disease. 10.4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. 10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the time of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers' Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days' prior written notice to Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date of the change or cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of this Article 10. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 The Agreement shall be governed by the laws of the State of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusively in Denton County, Texas. 11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Design Professional shall not assign its interests in the Agreement without the written consent of the Owner. 113 The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of the Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that is reasonably possible be read so as to harmonize the provisions. However, should the provisions of these documents be in conflict so that they can not be reasonably harmonized, such documents shall be given priority in the following order: 1. The executed Agreement 2. Attachments referenced in Section 3 of the Agreement other than the Proposal 3. These General Provisions 4. The Proposal 11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Design Professional. 11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Design Professional's promotional and professional materials. The Design Professional's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Design Professional in writing of the specific information considered by the Owner to be confi- dential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project. 11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants. Page 7 of 8 H:\Misc\Blank Forms\GENERAL CONDITIONS-ARCHITECT-ENGINEER Revised 052209.doc Revised 5-30-02 11.7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless otherwise specified herein. All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing. 11.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. 11.9 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended during the term of this Agreement. 11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. 11.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of the Agreement. Page 8 of 8 H:\Misc\Blank Forms\GENERAL CONDITIONS-ARCHITECT-ENGINEER Revised 052209.doc Revised 5-30-02 CONSULTING ENGINEERS & PLANNERS Mr. Frank Payne, P.E. City Engineer City of Denton 901-A Texas Street Denton, Texas 76209 RE: Proposal for Professional Services Engineering Design of Bonnie Brae Street Widening and Improvements Dear Mr. Payne: Graham Associates is pleased to present this proposal to provide professional services for the survey, right-of-way acquisition, design, and construction administration to widen and improve Bonnie Brae Street. Our staff and sub-consultants proposed for the project are shown in the attached organizational chart (Attachment Q. The summary of fees is shown in Attachment A, which includes both basic and additional services. The estimate of construction costs for Bonnie Brae is shown in Attachment D. The proposed scope of services and deliverables are shown in Attachment E. Proposed schedules are shown attached as Exhibit 3. The schedule of rates is attached as Exhibit 4. Graham Associates shall comply with the City of Denton's "General Conditions to Agreement for Architectural or Engineering Services". Our firm shall also meet or exceed the insurance requirements of Denton including a $3 million professional liability insurance policy. Payment for Basic Services listed in Exhibit 3 shall be made monthly based on proportion of services performed within each phase of work. Payment for Additional Services and reimbursable expenses listed in Attachment A shall be made monthly based on statement of services rendered or expenses incurred. Please contact me if you need further information. Respec ully Submitted, W. eff Williams, P.E. President Graham Associates, Inc. TBPE Firm #F-1191 Summit Office Park Centerpoint Three Chase Bank 1300 Summit Ave., Suite 419 600 Six Flags Drive, Suite 500 3200 Broadway Blvd. Suite 268 Ft. Worth, Texas 76102-4418 Arlington, Texas 76011-6356 Garland, Texas 75043-1571 (817) 332-5756 (817) 649-1914 0 Metro (817) 640-8535 (972) 840-6671 Fax (817) 336-6909 FAX (817) 633-5240 FAX (972)-840-6671 dI O O in O O Lt) Ln O O O O o O Ln U1 f- in rl O O O O O 00 O O ® N ri 00 O vl Ol 0) O M O N 00 00 l~ o lD l0 tp 0i ln' N (q V 0) M 00 r~ 00 M V i l0 c~ l0 N N M m r°I N M r- M ai i/? r, tn. LT H V). V? c-i t/? Ln t/? t? ri oq c-I tn• t/~ tn- N a N (n 4J 47 ~ d f 4-I ~ tV N r-I b 4 f6 •Fml ~ G1 ~I N c'n r®I r-I r•1 Q! ~I 4J 4J ~ N C/5 tI V Vi O d O O O 00 0, O 00 o O U) O 00 00 Ln c~ o 00 H M r- 00 O O O r, O N O M 00 U1 Ln M In dt 0o to ri Vq o I~ (3) M d 1 O Ql C d^ :f Lf) io d to to U) C) M n d N m m t/} N t~ ~i ri V? c-i rl M dl Ul V). V? V? t? V/ tR V V/ tR N N w P4 to V U iJ~ to 0-4 H m N Lll LL3 i N 0 N tlo a Exhibit 2 - Attachment S ESTIMATED SHEET TOTALS - CITY PORTION Sheet Description Cover Sheet Quantity Sheets Survey Control Layout Typical Sections Erosion Control Erosion Control Plans Erosion Control Details Traffic Control Paving Plan/Profiles Intersection Grading Plan Intersection Layouts Driveways Bridge Plans Retaining Walls Drainage Area Map Runoff Computations Inlet Computations Storm Drainage Computations Drainage Plan/Profiles Drainage Laterals Channel Grading Street Lights Pavement Markings & Signage Traffic Signals Details Subtotal Number of Sheets = Cross-Section Plans Cover Cross-Sections Subtotal Number of Sheets = Total Number of Sheets = Schedule I - IH-35E to Roselawn Dr Number of Sheets 1 7 5 3 9 0 0 15 22 2 0 5 0 4 3 2 2 3 18 2 2 9 9 24 76 223 1 54 55 278 Schedule II - Roselawn Dr. to Vintage Blvd. Number of Sheets 1 6 6 5 10 1 2 16 13 1 1 2 57 4 2 2 2 2 10 2 4 8 8 7 56 228 1 39 40 266 Schedule III - Vintage Blvd. to SH 377 Number of Sheets 1 6 4 3 7 0 0 12 15 0 0 2 38 4 2 2 2 2 14 3 3 7 7 0 54 188 1 47 48 236 Total Number of Sheets for City Portion = 782 Exhibit 2 - Attachment S ESTIMATED SHEET TOTALS - TXDOT PORTION US Highway 377 (Fort Worth Drive) FM 1515 & IH 35E Sheet Descriation Number of Sheets Number of Sheets Title Sheet 0 1 Index of Sheets 0 2 Typical Sections 2 4 Sheet Quantities 0 9 Earthwork Quantities 0 1 Traffic Control 6 10 Traffic Control Details 14 14 Removal Layout 2 4 Survey Control Data 1 1 Centerline Control 1 1 Paving Control 1 1 Paving Layout 2 2 Plaving Plan/Profiles 2 4 Driveway Details 0 1 Intersection Layouts 1 2 Roadway Details 3 11 Retaining Wall Key Maps 0 1 Retaining Wall Layout 0 8 Retainign Wall Details 0 10 Drainage Area Maps 2 4 Runoff Computations 1 2 Storm Sewer Computations 0 2 Culvert Computations 1 0 Storm Sewer Plan/Profiles 0 4 Storm Sewer Laterals 0 2 Ditch Plan/Profiles 4 0 Culvert Plan/Profiles 3 0 Drainage Details 5 16 Existing Utilities 2 4 Signing Layout Sheets 2 3 Signing Details 6 14 Pavement Markings 2 3 Pavement Markings Details 2 5 Traffic Signals 7 10 Traffic Signal Details 4 10 Erosion Control Plans 4 4 Erosion Control Details 2 7 Cross-Sections 4 8 Total Number of Sheets = 86 185 Total Number of Sheets for TXDOT Portion = 271 Exhibit 2 - Attachment B City Right-Of Sheet Description Cover Sheet Parcel Summary Right-Of-Way Map Sheets Right-®f-Way Strip Maps -Way Strip Maps Number of Sheets 1 5 26 Total Number of Sheets _ 32 TXDOT Right-Of-Way Strip Maps Sheet Description Number of Sheets Cover Sheet 1 Right-Of-Way Map Sheets 2 Whole Property Sheet 1 Property Data 1 Point of Beginnign Location Date 1 Total Number of Sheets Total Number of Sheets for All Plan Sets = 1091 U cv d v ■ E E ommm LM ■ w to s U c 0 N cu H J f ll 4~y E IE A Ir .R] E t E I I i c 0 b L ~ o E li ~ q ~ np I ~ II o ;v u r ~ E E E t a9J~A All j 1 I~' _ 21 ]I ~ i 1 i \ J L ~ J UwL~~ 1 \ J \ J J , P 0' / l Exhibit 2 Attachment D Estimate of Construction Costs Bonnie Brae Street Summary Paving, Traffic Control, Retaining Walls (City Portion) $17,777,875.00 Roark Creek Bridge $2,627,625.00 Hickory Creek Bridge $6,361,375.00 U.P.RR (At Grade Crossing) $875,000.00 K,C,S, RR (At Grade Crossing) $875,000.00 Traffic Signals (City Portion) $1,360,000.00 Drainage (City Portion) $3,634,438.75 Street Lights (City Portion) $1,288,811.00 Pavement Markings (City Portion) $446,368.00 Landscaping & Irrigation $0.00 Effliancements $0.00 U.S. Hwy 377 Intersection $1,459,178.72 Vintage Boulevard Intersection $914,288.75 F.M. 1515 Intersection $3,370,029.10 Water $0.00 Sewer $0.00 Total $40,9899989,32 Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over contractor's methods of determining prices, or over competitive bidding or market conditions, this opinion of probable cost is made on the basis of our professional experience and represents our best judgment as a firm familiar with the construction Industry. We cannot guarantee that proposals, bids or the project costs will not vary from the opinion of probable cost prepared by Graham Associates. ATTACHMENT E SCOPE OF SERVICES, DELIVERABLES AND RESPONSIBILITIES OT OWNER BONNIE BRAE STREET IMPROVEMENTS FOR THE CITY OF DENTON GENERAL: The City of Denton Bonnie Brae Street Improvements Project (the Project) will include preparation of constriction plans and bid documents, opinions of probable construction costs, identification of right-of-way requirements and necessary ROW acquisitions, Owner utility relocation, franchise utility relocation coordination, permitting and construction phase services. ARTICLE I BASIC SERVICES: GAI shall render the following professional services in connection with the development of the Project: A. Conceptual Design 1. Attend a kick-off meeting with the Owner to discuss the various aspects of the project including planning and design criteria, work program and schedule, procedures of communication, and assignments of personnel. 2. Obtain from the Owner, franchise utility providers, and the Texas Department of Transportation (TxDOT) all available record drawings, planning reports, traffic counts, zoning ordinances, and other data that may be pertinent in considering the development of the preliminary alignments and the final design of the proposed improvements. 3. Determine from a field reconnaissance of the project area the general layout of the land for the improvements including location of existing above ground utilities and drainage structures. 4. Develop a schematic layout with two (2) roadway route alternatives at critical locations along the alignment. Submit four (4) copies of the schematic layout to the Owner for review. 5. Prepare preliminary bridge layouts for each of the creek crossings. 6. Attend meeting with Owner to discuss potential utility conflicts and the proposed relocation plan. GAI will meet with the Owner's Project Manager and Engineering staff first and utility staff later if necessary. 7. Attend a meeting with the Owner to discuss the alignment alternatives and recommendations. 8. Upon approval of alignment and schematic design, GAI shall develop a geometric alignment for F.M. 1515 and Bonnie Brae intersection in accordance with TxDOT requirements. 9. Upon Owner approval of alignment and the schematic design GAI will develop a 30% construction plan set with paving plan/profile sheets, intersection layouts, right- of-way sheets, drainage area maps, culvert layouts, bridge layouts and hydraulic computation sheets for Bomue Brae and the following intersections: a) U.S. Highway 377 b) Vintage Blvd. c) F.M. 1515 10. Prepare plans for on grade railroad crossing for the following two(2) railroad crossings; A) Union Pacific Railroad; B) Kansas City Southern Railroad. The plans shall be in accordance with the City's and the Railroad's standards and requirements. Submit and coordinate during the review process. B. Preliminary Design (60%) - Upon review of the 30% plans by the Owner, GAI will prepare preliminary construction plans as follows: 1. Prepare preliminary paving plan and profile sheets showing curb lines, driveways, elevations at all points of vertical intersection and point of intersections in the paving plan; typical sections; cross sections; high and low points, vertical curve information, and pertinent AASHTO calculations. 2. Prepare a Pavement Design Report documenting the existing soil conditions and providing pavement design recommendations based on (at a minimum) a 40-year design life, 10% truck loading and traffic volumes as agreed upon with the Owner. Prepare preliminary drainage sheets including drainage area maps, plan and profiles, and hydraulic computations. 4. Initiate coordination of utility relocations with utility owners, and prepare preliminary design of relocations of affected City water and sewer lines. GAI shall provide the design for the relocation of conflicting water and wastewater utilities. Prepare bridge layout, typical sections, foundation layout, abutment plan, and beam and bent plans. 6. Hydraulic Design of the Bridges and Culverts a) 60% Design Submittal: Update hydraulic design of bridges and culverts as necessary to reflect roadway design and to address Owner comments. (i) Update hydraulic models of bridges and culverts as necessary to reflect 60% roadway design. (ii) Preparation of Bridge Scour Analyses for each of the creek crossings. (iii) Update the following sheets as necessary for 60% submittal: (1) Drainage Area Maps (2) Hydraulic Computations (3) Culvert Layouts (4) Hydraulic Data Sheets for Bridges 7. Prepare plan/profile and construction details for retaining walls and necessary shoring design, 8. Prepare Constriction Phasing Plan including pavement phasing, transition segments, and construction detour plans. Develop constriction phasing typical cross sections at key locations. 9. Prepare traffic control plans based on the construction phasing in accordance with AASHTO and the City of Denton. to. Prepare a preliminary estimate of probable construction cost and submit with four (4) sets of plans for review. 11. Meet with the Owner to discuss the preliminary design. GAI assumes that we will meet with the Owner three (3) times during the preliminary design phase. 12. Submit preliminary plans to utility companies for review and comment. Attend a preliminary coordination meeting with the franchise utility companies. 13. GAI will attend a coordination meeting with DCTA and TxDOT to coordinate plan approval and permits for the project. C. Final Design - Following Owner approval of preliminary plans, GAI shall prepare final plans with the following additional tasks: 1. Prepare final construction drawings for paving, bridge, MSE retaining walls, drainage, traffic signal, at grade railroad crossings and City utility improvements. 2. This includes the final hydraulic design of bridges and culverts including scour analyses for the proposed bridges as necessary, and preparation of plans, specifications, and estimates. a) Final Design Submittal (i) Provide final hydraulic models to reflect 90% roadway design. (ii) Update the following sheets as necessary for 90% submittal: (1) Drainage Area Maps (2) Final Hydraulic Computations (3) Final Culvert Layouts (4) Hydraulic Data Sheets for Bridges (5) Detail Sheets (special and standard details) (6) Notes (7) Final grading layouts (8) Quantities for bid proposal (9) Technical specifications for bridge and culvert construction 3. Prepare final technical specifications and bid documents for the project, including bid proposal forms (project quantities) of the improvements to be constructed. This Scope of Services assumes that the project will be prepared using standard bid documents provided by GAI. 4. Provide quality control by independent review of plans and specifications by Senior Engineer, not on the design team. 5. Prepare a final opinion of probable construction cost based on recent project unit bid prices. 6. Furnish four (4) sets of drawings for review by the Owner at the 60% and 90% design stages, and meet with the Owner to review and discuss the plans. The review meetings will be conducted to address review comments and to take action on items to produce the final construction documents. GAI assumes that we will meet with the Owner three (3) times during each part of the final design phase (60% and 90%). D. Bidding and Constriction Administration Phase - Assist Owner in securing bids. Issue a Notice to Bidders to prospective contractors in GAI's database of prospective bidders, and to selected plan rooms. Provide a copy of the Notice to Bidders for Owner to use in notifying construction news publications and publishing appropriate legal notice. The cost for publications shall be paid by the Owner. GAI will prepare two (2) separate bid packages for the project, with the following to be provided for each bid package. Print thirty (30) sets of 11" x 17" Plans and Bid Documents and distribute to selected plan rooms, and to prospective bidders that respond to the Notice to Bidders. 2. Assist Owner by responding to questions and interpreting bid documents. Prepare and issue addenda to the bid documents to plan holders if necessary. Attend one pre-bid meeting to answer questions related to the bid documents. 4. Assist Owner in the opening, tabulating, and analyzing the bids received. Review the qualification information provided by the apparent low bidder. Recommend award of contract or other actions as appropriate to be taken by the Owner, 5. Assist Owner in the preparation of Construction Contract Documents. Provide ten (10) sets of Construction Contract Documents which include information from the apparent low bidder's bid documents, legal documents, and addenda bound in the documents for execution by the Owner and construction contractor. Distribute five (5) copies of these documents to the contractor with a notice of award that includes directions for the execution of these documents by the construction contractor. Provide Owner with the remaining five (5) copies of these documents for use during construction. Additional sets of documents can be provided as an additional service. G. Furnish contractor copies of the drawings and specifications for construction pursuant to the General Conditions of the Construction Contract. 7. Attend one (1) pre-construction meeting per bid project to discuss the project schedule for construction. 8. GAI design team staff will make (24) visits to the site to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the construction contract documents, In this effort GAI will endeavor to protect the Owner against defects and deficiencies in the work of Contractor and will report any observed deficiencies to the Owner. 9. Review Contractor shop drawings and other project related submittals. Notify the Contractor of non-conforming work observed during site visits. Review quality related documents provided by the Contractor such as test reports, equipment installation reports or other documentation required by the construction contract documents. 10. Interpret the drawings and specifications for the Owner and Contractor. Investigations, analyses, and studies requested by the Contractor and approved by the Owner, for substitutions of equipment and/or materials or deviations from the drawings and specifications are an additional service. 11. Prepare documentation for contract modifications required to implement modifications in the design of the project. Receive and evaluate notices of Contractor claims and make recommendations to the Owner on the merit and value of the claim on the basis of information submitted by the Contractor or available in project documentation, 12. Revise the construction drawings in accordance with the information furnished by Contractor reflecting changes in the project made during construction. One (1) set of mylar reproducible prints of "Record Drawings" and electronic files shall be provided by GAI to the.Owner for each set of construction drawings. ARTICLE II ADDITIONAL SERVICES (DESIGN PHASE): A. Design Surveying 1. Establish horizontal and vertical control for the project from existing TxDOT control monuments. Establish adequate control points and benchmarks for construction of the project. Cross-tie all survey control to City of Denton benchmarks. 2. Provide a topographic survey of the project. The topographic survey shall extend the entire length of Bonnie Brae Street from IH-35E to US 377. The survey corridor shall be 200' wide, extending 100' on each side of the proposed roadway centerline, and shall extend a minimum of 200' along all intersecting streets. The survey shall consist of roadway cross sections taken at 50' intervals, locating all existing features such as water valves (including top of nut elevation), curb & gutter, asphalt, driveways, culverts, headwalls, mailboxes, geotechnical boring locations, sanitary and storm sewer manholes (including invert elevations with flowlines, sizes and material types), trees with G" or greater diameter at 4' height, tops and toes of slopes, visible utilities, utilities marked by others, power poles, telephone risers, and all other visible features. 3. Provide additional topographic surveying at five creek crossings for hydraulic modeling. The limits of the survey will extend 500' upstream and downstream from the existing crossings. Trees will not be surveyed in these areas. B. USACE 404 Permitting 1. Perform Section 404 Jurisdictional Determination based on USACE guidelines. 2. Work with USACE to resolve impacts and potential mitigation. 3. Prepare 404 Permit Application and submit to USACE. 4. Coordinate with USACE through the permit process. C. Hydraulic Analysis Services - The drainage design services for this project are broken up into two phases: preliminary and final design. Preliminary design includes a drainage study and alternatives analysis for all cross-drainage associated with the roadway, including bridges and culverts. Final design includes preparations of plans, specifications, and estimates for the hydraulic design of bridges and culverts. Bridge scour analysis will be performed as part of the final design services. 1. Preliminary Phase GAI shall perform hydrologic and hydraulic computations to develop preliminary sizing of the bridges and/or drainage structures for each of the creek crossings. The deliverable of this phase shall be a drainage study to serve as the basis for final design of the drainage structures. As part of this phase, GAI shall perform the following tasks: a) Meetings - GAI shall plan, coordinate, attend, facilitate, and document meetings, as required, to discuss and coordinate various aspects of the project. Up to three (3) meetings are anticipated as part of the preliminary phase: (i) One (1) drainage study kickoff meeting with Owner staff to discuss the drainage study (ii) One (1) drainage study interim review meeting to discuss interim results and select alternatives for bridge and culvert design sizes. (iii) One (1) drainage study final meeting to present results of drainage study. b) Data Collection - In addition to data provided by Owner, GAI will research and obtain pertinent information necessary for drainage study including the following; (i) Perform a site visit to verify location and condition of existing drainage structures and observe local drainage patterns of the project alignment. (ii) Obtain effective hydrologic and hydraulic models from FEMA and Owner for each of the creek crossings. (iii) Existing drainage masterplans and hydraulic models as available from the Owner. (iv) USDA soils information, land use maps, and other GIS data necessary for hydrologic computations. (v) Digital aerial topographic and photographic information, latest edition available. (vi) Coordinate with Surveyor to obtain final layout of surveyed cross- sections for hydraulic modeling. c) Hydrology and Hydraulics - GAI shall develop existing and proposed conditions hydrologic and hydraulic models of the existing conditions drainage structures, as needed. GAI will utilize existing hydrologic studies for fully developed watershed conditions as available and applicable. (1) All calculations shall follow at a minimum the standards and procedures as outlined in the Denton Drainage Criteria Manual dated February 2002. (ii) Roadway geometry including horizontal and vertical alignment will be based on schematic developed by GAI. (iii) Create fully developed hydrology models based on the current City of Denton land use projections using HEC-HMS for drainage areas greater than 200 acres. Peak discharges for drainage areas less than 200 acres will be calculated using the Rational Method. (iv) Create existing conditions hydraulic models using HEC-RAS and Culvertmaster for existing culvert and bridge crossings along the project alignment, (v) Create proposed conditions hydraulic models for proposed bridges. Up to three (3) alternative configurations for each bridge will be modeled. The initial goal of the bridge configurations will be to develop no-rise, 100-year bridges, for fiully urbanized watershed. Other alternatives will be investigated as necessary to meet other design or budgetary constraints. (vi) Create proposed conditions hydraulic models for culverts. Up to two (2) alternative configurations for each culvert will be modeled. (vii) Conceptual OPCC - Determine concept level (order of magnitude) probable construction cost for each alternative considered. The OPCC is to be utilized as a tool in selecting proposed size and design alternatives for final design. d) Drainage Study Report - Document results of drainage study in bound report. The drainage study will serve as basis for final design of bridges and culverts. G) Provide four (4) bound copies of draft report to the Owner for review. Electronic copy (PDF) of report and digital models will also be submitted. (ih) Incorporate Owner comments into final report and provide four (4) bound copies of final report to the Owner for review. Electronic copy (PDF) of report and digital models will also be submitted. 2. Preparation of CLOMRs for two bridges. (1) Submit two (2) copies of Draft CLOMR to Owner for review. (2) Incorporate comments and submit CLOMR to FEMA. (3) Coordinate with FEMA as necessary to acquire approval of CLOMRs. 3. Preparation of LOMRs for two bridges. This phase shall include the preparation of two (2) LOMRs to FEMA. If FEMA requests more than two (2) LOMRs, the additional LOMB submittals shall be considered Extra Services. Review fees of any kind from city, state, federal or other sources will be paid by the Owner and are not included in this proposal. This scope assumes that the project is constructed to match the CLOMR and final construction plans, so if substantial changes occur during construction, additional services could be required to achieve the original intent of the CLOMR. 1. As-Built Survey - Upon construction completion of the project, necessary field surveys will be completed for as-built hydraulic model verification. 2. Hydraulic Models - Final hydraulic models will be prepared for each stream crossing based on the as-built field survey. LOMR Report and FEMA Submittal - Prepare two (2) draft copies of each FEMA submittal for review by Owner, address Owner comments, and submit one (1) final copy to FEMA and one (1) final copy to Owner for each LOMR. Coordinate with FEMA as necessary to acquire approval of LOMRs. D. Traffic Signals 1. Prepare permanent traffic signal plans for I.H. 35, F.M. 1515, Corbin Road, Willowwood, Roselawn, Vintage, and U.S. 377 for a total of seven (7) intersections. The construction plans shall include: a) Signal Layouts b) Phase Diagrams c) Wiring Diagrams d) Quantities and Charts e) Standard Details f) Specifications 2. Temporary traffic signals shall be provided for the I.H. 35 frontage road (2 locations) and F.M. 1515 (3 total installations), The construction plans shall include: a) Temporary signal layouts b) Quantities and Charts c) Standard Details E. Geotechnical Engineering and Pavement Design (LandTec/Alpha) 1. Bride Borings for Roark Branch and Hickory Creek: Drill 14 borings to depths of approximately 50 to 75 feet for foundation bearing, assuming drilled shafts will support the bridge. (Estimated 920 linear feet of drilling). 2. Retaining Wall Borings: Based on 4000 linear feet of wall, drill 20 borings to depths of approximately 40 feet. (Estimate 800 linear feet of drilling). 3. Pavement and Utility Borings: Drill 20 borings to depths of 20 feet. (Estimate 400 linear feet of drilling). Borings from bridge and retaining wall will supplement the pavement and utility borings. 4. Intersection Improvements at US 377, FM 1513, Allred Road Hamilton Street Vintage Blvd. and Corbin Road: Drill 5 borings to depths of 20 feet. (Estimate 100 linear feet of drilling), 5. Obtain soil samples and perform Texas Cone Penetrometer (TCP) and Split Spoon Tests (SPT) as appropriate for the soils encountered. 6. Perform Dynamic Cone Penetrometer (DCP) tests to evaluate pavement subgrade strength and develop California Bearing Ratio (CBR) values; Effective Modulus of Subgrade Reaction, k, values, and, resilient modulus values for the anticipated pavement subgrade soils. 7. Observe for groundwater seepage during drilling and record level. 8. Backfill boreholes with cuttings upon completion (not grouted). 9. Coordinate the clearance of underground utility locations in accordance with the Texas 811 One Call requirement and as-built information obtained by prime as part of the project at a minimum. 10, Coordinate with the local municipality while drilling on or adjacent to public roads, including traffic control and barricades as necessary. 11. Selected laboratory testing will be conducted on samples that are considered to be reasonably representative of the materials obtained from the field exploration. The tests will evaluate and classify the soils, identify subsurface site characteristics, and provide data for analysis. The tests include a) Soil classification tests including Atterberg limits (liquid and plastic limits) and Sieve Analysis tests b) Unit dry weight and moisture content tests c) Unconfined Compressive Strength tests on soil and rock d) Unconsolidated Undrained (UU) Triaxial strength tests e) Direct Shear and/or Consolidated Undrained Strength tests f) Consolidation tests g) Optimum Moisture-Density Curves (Standard and/or Modified Proctors) lu) Swell tests i) Atterberg Limits / pH series tests on pavement subgrade soils with one or more stabilization additives including Lime, Cement and Cem-Lime®. j) Soluble Sulfate tests (subgrade soils upper 4 feet) 12. An engineering analysis and evaluation of the field and laboratory data will be performed for the project, based on available project concepts. Information to be provided is as follows: a) Plan of borings illustrating the approximate location of each boring and scale to which the drawing is made b) A log of each boring indicating the boring number, location (northing, easting and elevation as provided by Graham Associates, Inc.), depth of strata, soil description, field penetration tests including Standard Penetration tests (SPT's) and/or Texas Cone Penetrometer (TCP) , laboratory tests, and groundwater information c) Description of the field exploration and laboratory testing program d) Laboratory test results and analysis of results e) Discussion of subsurface soil and groundwater conditions f) Reconunendations for the bridge foundation type, depth, allowable loading and side shear values g) Recommendations for the retaining wall lateral earth pressures and drainage requirements h) Recommendations for roadway and embankment fill material including soil type, compaction and moisture content requirements, placement and testing during construction i) Recommendations for removal and/or improvement of soft soils (if encountered) within the floodway where embankments will be constructed j) Provide subgrade and pavement design for Bonnie Brae Street and sections of the intersecting streets using field and laboratory test data, traffic volume and desired pavement design life. Pavement design analysis will be performed using the AASHTO pavement design procedure, specifically using WinPAS software and will match the design procedures used for the City of Fort Worth. lc) Ten (10) copies of the geotechnical engineering report will be provided to the design team along with PDF and CD versions. F. Subsurface Utility Engineering (Gorrondona and Associates) L SUE work required for this project will be conducted in general accordance with the recommended practices and procedures described in ASCE Publication CUASCE 38- 02 (Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data). The quality levels used on this project are as follows: a. Quality Level B - Two-dimensional (x,y) information obtained through the application and interpretation of non-destructive surface geophysical methods. Also known as "designating" this quality level provides the approximate horizontal position of subsurface utilities within approximately one foot, b. Quality Level A - Also known as "locating", this quality level provides precise three dimensional (x,y,z) information at critical locations by exposing specific utilities. Non-destructive vacuum excavation equipment is used to expose the utilities at specific points which are then tied down by survey. 2. The work areas include the intersection with US Hwy 377 (including the UPRR crossing), the intersection with FM 2449, the section of FM 1515 to IH 35E, and the KCS Railroad overpass area. SUE drawings signed and sealed by a Texas Professional Engineer will be provided to be included in the Graham Associates plans for TxDOT and railroad submittals in these four (4) areas. The four specific work areas for QL "B" SUE are described as follows: a) Intersection of US 377 / UP RR: ■ along proposed Bonnie Brae St from 200' west of US 377 to 200' east of UP RR, ■ within the US 377 right of way 800' in each direction from propose Bonnie Brae centerline and ■ within the UPRR right of way a distance of 150' in each direction. b) Intersection of KCS RR: ■ along KCS right of way a distance of 500' in each direction from Bonnie Brae CL. c) hrtersection of FM 1515 (Airport Rd) IH 35 E: ■ along proposed Bonnie Brae right of way from station 207+00 to 215+00 (south bound IH 35 frontage road), ■ Crossing IH 35 E along existing bridge, and ■ along the parkway along the north bound frontage from Bonnie Brae to the south 500'. G. Environmental Services (Blanton & Associates & GAI) The following environmental services shall be performed in support of the Bonnie Brae Street Improvements Project: 1. Compile existing data and perform an initial desktop analysis of environmental conditions of the project area. Prepare maps and other data necessary for site visit. 2. Conduct site visit. Verify and characterize the City's mapped Environmentally Sensitive Areas (ESAs) in the area affected by the proposed project. Perform a preliminary jurisdictional determination to identify and delineate boundaries of waters of the U.S., including wetlands. Make note of areas of potential environmental contamination within the project area that may warrant further investigation. Evaluate the project area for federally listed threatened or endangered species habitat. 3. Prepare a draft of the North Central Texas Council of Government's (NCTCOG) Environmental Review Checklist for the Owner's review and comment. Incorporate comments and submit the revised checklist to the NCTCOG through the Owner for review and comment. 4. Coordinate with cultural resources sub-consultant. Review and provide comments on draft cultural resources report. 5. Coordination with NCTCOG. This task would include answering questions and providing additional information through the Owner if requested by the reviewing agencies. This task assumes a maximum of three requests for clarification and information. Contested application proceedings and requests for multiple site visits are not included in this task. 6. If the preliminary jurisdictional determination results indicate that the impact to the waters of the U.S. exceeds 0.1 acre but is less than 0.5 acre, or if a jurisdictional wetland is identified within the affected area, then GAI will prepare a draft preconstruction notification (PCN) for coverage of road crossings. Submit the draft PCN to the Owner for review and comment. Incorporate comments and submit the revised PCN to the U.S. Army Corps of Engineers (USACE) for verification. This task assumes that any required compensatory mitigation for impacts to waters of the U.S. would be satisfied by the Owner's purchase of mitigation bank credits. Preparation of a detailed mitigation plan is not included in this task. 7. Historical Land Use Review - Perform an investigation into prior ownership and past land uses on the subject property. GAI will attempt to identify obvious uses of the subject property from the present back to the property's first developed use, or back to 1940, whichever is earlier. To accomplish this task, GAI will review the following records (if available): (i) Interviews with City representatives and property owners/tenants. (ii) Historical aerial photography. (iii) City directory abstracts. (iv) Sanborn fire insurance maps. (v) Recorded environmental easements or liens on the subject property. 8. Regulatory Agency Records Review - GAI will review information found in federal and state regulatory records for the subject property, including records related to environmental-related permits, notices-of-violation, and incidents involving use, disposal, or accidental release of hazardous substances, petroleum products, or other waste materials. Local records, if available, related to the subject property will also be reviewed for indications of environmental concern. 9. Site Reconnaissance Visit - GAI will perform a site reconnaissance visit to the subject property. Existing environmental conditions will be documented on the site. GAI will look for potential indicators of environmental concerns such as stained soils or other surfaces, stressed vegetation, exposed piping, and evidence of improper use or disposal of regulated substances. GAI will document the condition of each property using photographs. Copies of photographs will be included in the report. 10. Report Preparation - Following the completion of Tasks a) through b), a report will be prepared for the subject property documenting our findings. The report will contain a narrative of our findings, recommendations for additional environmental investigations, as needed, and copies of all data obtained relevant to each subject property. The report will contain appropriate maps, figures, and photographs. 11. Conduct an archaeological evaluation and submit a Request for State Historic Preservation Officer (SHPO) Consultation Form to the Texas Historical Commission (TI-IC). In addition to the information available through online databases, a review of projects conducted by AR Consultants (ARC) and other contract archaeological firms in or near the project area as well as information that may not be available from Texas Archeological Studies Association (TASA) but will be available from the University of North Texas will be synthesized in the evaluation. Additionally, an employee of ARC will visit the project area to take photographs and conduct a windshield survey of the study area. A letter report is to be provided to the Owner that presents the findings of the research and recommendations regarding the archaeological potential for the project and how to proceed. Once the Owner comments on the letter report, ARC will submit a letter report to the THC for their 30-day review period. The evaluation will include a database search of the following resources: Texas Archaeological Site Atlas, historic maps, USGS maps, aerial photographs, geological maps, county soil surveys, Denton County Appraisal District. 12. If a survey is required, secure an archaeological survey permit from the Texas Historical Commission (THC). This will require obtaining the signature of an official with the City of Denton. 13. Conduct a comprehensive cultural resources pedestrian survey of the proposed roadway. Besides the systematic survey of the proposed route, it is assumed that 75 or more shovel tests will be excavated in order to meet the guidelines for pedestrian surveys published by the Texas Historical Commission. Each shovel test will be 30 cm in diameter and will be excavated in 10 cm levels. Soil from the shovel tests will be passed through '/4" mesh shaker screens. If the clay content of the sample is too high, the soils will be manually broken and inspected. Due to the depth that the roadway will be excavated and the shallow depth of the A- horizon above the pre-Holocene sediments that are described by the Soil Conservation Service, it is not expected that mechanical trenching will be necessary. 14. Site boundaries, i.e. the limits of any archaeological sites or structures that are recognized during survey and testing will be defined on the horizontal plane and deposit depth will also be defined as necessary. 15. Perform detailed artifact analysis if artifacts are recovered and then prepare a draft technical report. 16. Records and artifacts will be prepared for curation at the Texas Archeological Research Laboratory (TARL) at The University of Texas. The cost of records curation is included in the proposed cost, but if artifacts are recovered, their preparation for curation and the cost of perpetual curation will be negotiated with TARL and will be an additional services item. 17. The draft written report will be submitted to the Owner. After comments have been addressed, it will be submitted to the THC and Corps of Engineers (COE) for review and comment. The report will meet the standards for cultural resource reports prepared by the Council of Texas Archeologists (n.d.) and adopted by the THC. The THC will serve at the official reviewer for the COE, but a copy of the draft report and cover letter will be submitted to the COE for their review. 18. Revisions of the draft report will be prepared after it has been reviewed and review comments have been addressed. Once a final draft has been prepared, it will be resubmitted to the Owner for review and then again to the THC and COE. 19. Curation of records and artifacts will be completed in order to satisfy the permit requirements. 20. The final technical report will be printed and the necessary copies submitted to the Owner, the COE, and the THC. One copy of the final report and an archival quality CD will be submitted to the THC as required by the permit and five copies of the final technical report and an archival quality CD with the report will delivered to the Owner. H, Additional Service Construction Administration The Scope of Services for Full Time Resident Representation services includes (1) one Rill time inspector (based on 40 hours per week) for construction duration up to 30 months. A, GAI shall have a Resident Project Representative on the Site. The duties, responsibilities and the limitations of authority of the Resident Project Representative, and designated assistants, are as follows: 1. Resident Project Representative is GAI's agent at the site, will act as directed by and under the supervision of GAI, and will confer with GAI regarding Resident Project Representative's actions. Resident Project Representative's dealings in matters pertaining to the on-site Work shall in general be with GAI and contractor, keeping Owner advised as necessary. Resident Project Representative's dealings with subcontractors shall only be through or with full knowledge and approval of contractor. Resident Project Representative shall generally communicate with Owner with the knowledge of and under the direction of GAI, B, Duties and Responsibilities of Resident Project Representative: 1, Schedules: Review the progress schedule, schedule of shop drawing submittals and schedules of values prepared by contractor and consult with GAT concerning acceptability. 2. Conferences and Meetings: Attend meetings with contractor, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 3. Liaison: a, Serve as GAI's liaison with contractor, working principally through contractor's superintendent and assist in understanding the intent of Contract Documents; and assist GAI in serving as Owner's liaison with contractor when contractor's operations affect Owner's on-site operations. b, Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 4. Shop Drawings and Samples: a, Record date of receipt of shop drawings and samples. b. Receive samples which are Rimished at the site by contractor, and notify GAI of availability of samples for examination. c. Advise GAI and contractor of the commencement of any Work requiring a shop drawing or sample if the submittal has not been approved by GAI. 5. Review of Work, Rejection of Defective Work, Inspections and Tests: a. Conduct on-site observations of the Work in progress to determine if the Work is in general proceeding in accordance with the Contract Documents. b. Report to GAI whenever Resident Project Representative believes that any Work will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a firnctioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise GAI of Work the Resident Project Representative believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to GAI. 6. Interpretation of Contract Documents: Report to GAI when clarifications and interpretations of the Contract Documents are needed and transmit to contractor clarifications and interpretations as issued by GAI. 7. Request for Revisions: Consider and evaluate contractor's suggestions for revisions to Drawings or Specifications and report with Resident Project Representative's recommendations to GAI. Transmit to contractor in writing decisions as issued by GAI, 8. Records: a. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and Samples, reproductions of original Contract Documents, including all Work Change Directives, Addenda, Change Orders, Field Orders, Written Amendments, additional Drawings issued subsequent to the execution of the Contract, GAI's clarifications and interpretations of the Contract Documents, progress reports, submittals and correspondence received from and delivered to contractor and other Project related documents. 9. Reports: Furnish to GAI periodic reports as required of progress of the work and of contractor's compliance with the progress schedule and schedule of Shop Drawings and Sample submittals. b. Consult with GAI in advance of scheduled major tests, inspections or start of important phases of the Work. c. Draft proposed Written Amendments, Change Orders and Work Change Directives, obtaining backup material from contractor and recommend to GAI Written Amendments, Change Orders, Work Change Directives, and Field Orders. d. Report immediately to GAI and Owner the occurrence of any accident. 10. Payment Requests: Review Applications for Payment with contractor for compliance with the established procedure for their submission and forward with recommendations to Owner, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment at the Site but not incorporated in the Work. 11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and Rimished by contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to GAI for review and forwarding to Owner prior to final payment for the Work. 12. Completion: a. Before GAI issues a Certificate of Substantial Completion, submit to contractor a list of observed items requiring completion or correction, b. Observe whether contractor has performed inspections required by laws or regulations, ordinances, codes or order applicable to the Work, including but not limited to those to be performed by public agencies having jurisdiction over the Work. c. Conduct a final inspection in the company of GAI, Owner and contractor and prepare a final list of items to be completed or corrected. d. Observe whether all items on final list have been completed or corrected and make recommendations to GAI concerning acceptance. 13, Limitations of Authority of Resident Project Representative: a. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or-equal" items), unless authorized by GAI. b. Shall not exceed limitations of GAI's authority as set forth in Agreement or the Contract Documents. C. Shall not undertake any of the responsibilities of contractor, subcontractor, suppliers, or contractor's superintendent. d. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. e. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work or any activities or operations of Owner or contractor. £ Shall not accept shop drawing or sample submittals from anyone other than the contractor. g. Shall not participate in specialized field or laboratory tests or inspections conducted by others, except as specifically authorized by GAI. 14. GAT shall provide the following Public Involvement services: a. GAI will prepare a project web site that may be accessed through the City of Denton website. The site will include information about the project, project schedule, and comment area. Content will be discussed with the City PM prior to posting. b. GAI will attend up to three (3) public meetings at the concept, design and construction phases of the project. GAI will provide project exhibits and prepare presentations for each meeting. This scope assumes that the Owner will pay for advertising and mailings associated with each public meeting. I. Right-of-Way Services (Crossland Acquisitions) 1. Pre-Acquisition Services: a) Hire a title company to provide preliminary ownership and easement information. b) Work with surveyor in development of right of way maps and legal descriptions of needed property rights. c) Provide detailed right of way cost estimates on a parcel by parcel basis. d) Assist in preparing and obtaining any Rights of Entry necessary for surveying, geoteclmical investigations and environmental services. 2. Title Services: a) Review preliminary title commitment or preliminary title search information provided by the title company. b) Secure title commitments and updates in accordance with insurance rules and requirements for parcel payment submissions. c) Secure title insurance for all parcels acquired, insuring acceptable title in the name of the City of Denton. Written approval by the City of Denton will be required for any exceptions to coverage. d) Attend closings and provide closing services in conjunction with Title Company. e) Record all original instruments immediately after closing at the respective County Clerk's Office 3. Initial Appraisal: a) Appraiser must be approved by the City of Denton. b) Secure written permission from the owner to enter the property from which land is to be acquired. If Agent, after diligent effort, is unable to secure the necessary letter of permission from the property owner, a waiver must be obtained, in writing from the City of Denton. Maintain permission letters with appraisal reports. c) Prepare and conduct personal pre-appraisal contact with interest owner(s) for each parcel. d) Contact property owners or their designated representative to offer opportunity to accompany the appraiser on the appraiser's inspection of subject property. Maintain record of contact in file. e) Prepare complete appraisal report for each parcel to be acquired utilizing a format approved by the City of Denton. These reports shall conform to the City of Denton policies and procedures along with the Uniform Standards of Professional Appraisal Practice, f) As necessary, prepare written notification to the City of Denton of any environmental concerns within the needed right of way to be acquired which could require remediation. g) All completed appraisals will be administratively reviewed and approved by the City of Denton. h) As necessary, the appraiser will appear and or testify as an Expert Witness in eminent domain proceedings and be available for pre-hearing or pre-trial meetings as directed by the City of Denton. 4. Right of Entry: a) Prepare Right of Entry packets to include Landowner Bill of Rights, maps and paperwork to be executed. b) Mail merge ROE letters and labels for envelopes and file folders. The agents with prepare and stuff envelopes for out of town owners or owners who have indicated that they want to receive all of their initial information via mail, c) The agent will initiate negotiator and contact logs and attend landowner meetings for ROE documents. The agent will research additional contact information for nonresponsive landowners. 5. Negotiation Services: a) Analyze appraisal reports and confirm approved value prior to making offer for each parcel. b) Analyze preliminary title report to determine potential title problems and propose methods to cure title deficiencies. c) Prepare the initial offer letter and any other documents required or requested by the City of Denton in a form acceptable to the City of Denton. d) Contact each property owner or owner's designated representative and present the written offer in person where practical. When owners do not wish to have offers delivered in person, they will be mailed via certified mail with return receipt for documentation of delivery/receipt. Maintain follow-up contacts and secure the necessary instruments upon acceptance of the offer for the closing. e) Provide a copy of the appraisal report for the subject property exclusively to the property owner or authorized representative at the time of the offer. Maintain original signed Receipt of Appraisal. f) Respond to property owner inquiries verbally and/or in writing within two business days, g) Prepare a separate negotiator contact report for each parcel file for each contact, h) Maintain parcel files of original documentation related to the purchase of the real property or property interests. i) Present counteroffers in a form as directed by the City of Denton. Transmit any written counteroffer from property owners including supporting documentation, and Agent's recommendation with regard to the counteroffer. j) Prepare final offer letter as necessary. k) Appear and provide Expert Witness testimony when requested. G. Relcoation Services: a) Notify all property owners and potential displacees of eligibility for relocation assistance and provide them with a Relocation Assistance Brochure at time of initial contact. If possible, advise displacee of preliminary relocation benefits at this time. b) Contact and provide relocation assistance to property owners and tenants affected by acquisition of right of way. c) For residential relocations; locate, evaluate, and maintain files on comparable available housing. d) Calculate replacement housing supplement benefits. e) Compute and submit request for relocation housing/rental supplement to the City of Denton along with supporting documentation. f) Provide 90-day notice to vacate simultaneously with the delivery of the relocation benefits package. g) Sixty days later or upon acquisition of the parcel, whichever occurs later, issue a 30 day letter. h) Notify the City of Denton immediately if displacee does not move after 30- day notice expires. i) Perform a decent, safe, and sanitary inspection of the replacement housing in accordance with the City of Denton. j) Prepare moving plan with appropriate photos and sketches along with inventory of personal property to be moved for non-residential moves. k) Request moving estimates from moving companies as needed. 1) Coordinate moves with displaced homeowners, business owners, and tenants and with moving companies in accordance with the City of Denton procedures. nn) Maintain relocation contact logs. n) Attend closings on replacement property if requested by any party involved, and assure supplemental payment is properly distributed. o) Process and compute increased interest payments as required. p) Relocation agent shall be available for any appeals or hearings. q) Prepare all relocation payment claim submissions for all displacees on parcel. r) Deliver payments in accordance with the City of Denton guidelines. Condemnation Support: a) Pre-Hearing Support (i) Upon receipt of a copy of the final offer, request an updated title commitment for Eminent Domain from the Title Company. (ii) Prepare a condemnation package as directed by the City of Denton and deliver the package to the City of Denton's designee or legal counsel, (iii) Upon notification from the City of Denton request the update of appraisal. (iv) Upon receipt of condemnation packet documents prepared by Counsel for the City of Denton, Agent will file the original petition with the County Court at Law or other appropriate Court for a cause number to be assigned. (v) File the Lis Pendens including the cause number with the County Clerk's Office. (vi) Upon assignment of a court, file the Order Appointing Commissioners with the judge retaining a copy of the Order for the files. (vii) Following appointment of Commissioners by the judge, secure the following documents: Oath of Commissioners signed by the Commissioners, Order Setting Hearing, and 2 copies of the Notice of Hearing signed by the Commissioners. (viii) File all originals with the court and send copies marked "copy" to Counsel for the City of Denton. (ix) Send a copy of the petition to the Title Company so that they can assure all required parties were joined and that no changes in title have occurred. (x) Set the Commissioners Hearing after the updated appraisal has been submitted, if there is no change in value. If there is an increase in value, upon approval by City of Denton make a revised final offer and submit a copy of the revised final offer letter. (xi) Reserve a room for the hearing. (xii) Coordinate the hearing date with Counsel for the City of Denton, the Appraiser, the Engineering witness, the three Special Commissioners, the court reporter and any other parties designated by the City of Denton. (xiii) Coordinate a pre-hearing conference if required by Counsel for the City of Denton. (xiv) After the hearing is set, serve Notices of Hearing to the indicated parties at least 11 days prior to the Commissioner's hearing. If it is necessary to join the Federal Government, be advised that they must be served not later than 60 days prior to the date of the hearing. (xv) Once the notices have been served, file the original notices with the court and send copies stamped "copy" to Counsel for the City of Denton. (xvi) Send a reminder letter to all parties. b) Post-Hearing Support (i) Obtain the signatures of Commissioners and file with the court for the judge's signatures within two days the Hearing. (ii) Obtain and distribute to Counsel for the City of Denton certified copies of the award. (iii) File payment of the award in the registry of the court. File a Notice of Deposit with the court and send certified copies to each defendant notifying them of the date of the deposit. The Date of Deposit is the Date of Take. (iv) Take photographs of the interest to be acquired on the day of deposit. (v) Send written notices of the date of deposit to all interested parties. (vi) Appear as Expert Witness as requested. 8. Project Administration a) Maintain current status reports of all parcel and project activities and provide monthly or as requested to GAI and the City of Denton. b) Participate in project review meetings as determined by GAI and the City of Denton. c) Provide copies of all incoming and outgoing correspondence as generated if requested. d) Maintain copies of all correspondence and contacts with property owners. J. Geotechnical Materials and Construction Testing (Landtec & Alpha Testing) Testing shall be conducted based on the latest requirements of the City of Denton and the North Central Texas Council of Governments. Testing shall be performed for the following: 1. Site Preparation, Filling, Back Filling 2. Utilities 3. Mechanical Lime Stabilization 4. Pier Installation Monitoring 5. Concrete Testing 6. Hot Mix Asphalt Concrete Testing K. Traffic Engineering (Freese and Nichols) Part 1. Preliminary Schematic Layouts for alternative to a T-intersection at the intersection of Airport Road (r.M.1515) at Bonnie Brae. Geometric layout of the alternative is necessary to confirm that the proposed loop ramp and directional roadways can be realistically configured, horizontally and vertically, within the current TxDOT design for the IH 35E/IH 35W interchange. The alternative design concept will need to be promoted to TxDOT as a viable and desirable alternative. Task 1.1. Provide sketch diagrams of the proposed layout of a "Directional Roadway" Alternative, indicating approximate dimensions for turn bays and any loop ramps or weaving sections. Task 1.2. Meet up to 5 times and review provided materials as needed to develop and refine the preliminary design of the Bonnie Brae Street/Airport Road Interchange. Task 1.3. Meet up to two (2) times with the Design Team and TxDOT to try to get TxDOT's concurrence with the preliminary interchange as part of future I-35W improvements and to fund its design and construction. Part 2. Alternatives Analysis. Traffic operational analysis will need to be conducted on the proposed alternative intersection and the current proposed TOOT design to show the deficient traffic operations during peak hours and during special events at the new stadium for the current TOOT design configuration. The analysis will need to use complex traffic models that can simulate the complex arrangement of connecting traffic movements at sufficient detail to assess the delays to each major movement of the proposed alternative. Upon approval of Part 1 by the City of Denton, analyze the following two alternative configurations for the intersecting roadways of Bonnie Brae and Airport Road (F.M. 1515) considering options for: ® T-intersection of Airport at Bonnie Brae, and ® "directional roadway" interchange providing a directional ramp from NB IH35W service road to WB Airport Road and continuous flow-type intersection of Airport Road with Bonnie Brae Street. Consideration must be given in both alternatives to the potential need for "changeable flow" lanes on Bonnie Brae Street to accommodate event traffic. Task 2.1. Develop design traffic volumes for analysis. Using TxDOT-developed ADT volumes, information from the Traffic Impact Assessment for the UNT new stadium, and current traffic data generate peals hour volumes for use in the operational analysis of typical weekday operations and a special event on a Saturday at the new stadium. Prepare one-line diagrams of directional design volumes and submit to City of Denton and TOOT for review and approval. Task 2.2. Request review comments on the sketch diagrams of the alternatives and obtain concurrence on up to four operational configurations for analysis and on the proposed evaluation methodology and criteria. Develop operational analysis of each alternative using computerized traffic modeling. Develop models for the AM Peak Hour, PM Peak Hour and for one hour of an event. Provide avi files of the animation of traffic simulation of the alternatives. Summarize the operational characteristics of the alternatives. Task 2.3. Prepare a draft report of findings and submit one copy each City of Denton and TOOT, including a DVD with avi files of the simulation of the alternatives. Task 2.4. Meet with City of Denton and TOOT to review the findings of the analysis. Task 2.5. Modify analyses, evaluations and summary of findings based upon review comments from City of Denton and TOOT. Document the comments and the response to the comments. Task 2.6. Prepare a final report of findings and submit one copy each to City of Denton and TOOT, including a DVD with avi files of the alternatives. ARTICLE III EXTRA SERVICES: Extra Services to be performed by GAI, if specifically authorized in writing by Owner, which are not included in the above-described Basic and Additional Services, are described as follows: A. Phase II Environmental Site Assessment services in accordance with ASTM standards to identify and investigate the nature and extent of potential environmental contamination. B. Tree survey to comply with City of Denton tree protection ordinance. C. Field layouts or the furnishing of construction line and grade surveys. D. Legal services for eminent domain hearings. E. Historical structure survey for any structure that is within the proposal right-of-way that is 50+ years old will be considered an additional service. F. If buried features or structures are located, it may be necessary to conduct formal National Register of Historic Places testing to satisfy the THC. The costs of in-depth NRHP testing or mitigation excavation will be considered an additional service. G. Documenting and Recording Historic Structures. H. GIS mapping services or assistance with these services. 1. Providing additional 3D renderings or revisions to existing 3D renderings of the project design. J. Making revisions to drawings, specifications or other documents when such revisions are 1) not consistent with approvals or instructions previously given by Owner or 2) due to other causes not solely within the control of GAI. K. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. L. Preparing data and reports for assistance to Owner in preparation for hearings before regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator unless such litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings or hearings are caused by actions or negligence of GAI or one of its subconsultants.. M. Assisting Owner in preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with contractor(s) unless such litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with contractor(s) are caused by actions or negligence of GAI or one of its subconsultants. N. Assisting Owner in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT unless such litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with contractor(s) are caused by actions or negligence of GAI or one of its subconsultants. Such services, if any, shall be furnished by GAI on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. 0. Performing investigations, studies, and analysis of work proposed by construction contractors to correct defective constriction work. P. Design, contract modifications, studies or analyses required to comply with local, State, Federal or other regulatory agencies that become effective after the date of this agreement. Q. Services required to resolve bid protests or to rebid the project for any reason, unless such rebid is directly caused by actions or negligence of the engineering professional. R. Visits to the site in excess of the number of trips included in Article I for periodic site visits, coordination meetings, or contract completion activities, S. Any services required as a result of default of the contractor(s) or the failure, for any reason, of the contractor(s) to complete the work within the contract time. T. Providing services after the completion of the construction phase not specifically listed in Article I. U. Providing basic or additional services on an accelerated time schedule. The scope of this service includes the cost for overtime wages of employees and consultants, inefficiencies in work sequence and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the Owner. V. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form. W. Providing services to review or evaluate construction contractor(s) claim(s), provided said claims are supported by causes not within the control of GAI. X. Providing value engineering studies or reviews of cost savings proposed by construction contractors after bids have been submitted. Y. Provide follow-up professional services during contractor's warranty period. ARTICLE IV TIME OF COMPLETION: GAI is authorized to commence work on the Project upon execution of this AGREEMENT and agrees to complete the services in accordance with the schedule shown as Exhibit 3 of this document. If GAI's services are delayed through no fault of GAI, GAI shall be entitled to adjust contract schedule consistent with the number of days of delay. These delays may include but are not limited to delays in Owner or regulatory reviews, delays on the flow of information to be provided to GAT, governmental approvals, etc. If the project is placed on hold by the Owner for more than six months, GAI reserves the right to negotiate additional compensation for additional services related to the delay. ARTICLE V RESPONSIBILITIES OF OWNER: Owner shall perform the following in a timely manner so as not to delay the services of GAI: A. Designate in writing a person to act as Owner's representative with respect to the services to be rendered under this AGREEMENT. Such person shall have contract authority to transmit instructions, receive information, interpret and define Owner's policies and decisions with respect to GAI's services for the Project. B. Provide all criteria and full information as to Owner's requirements for the Project, including project objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which Owner will require to be included in the plan. C. Assist GAI by placing at GAI's disposal all available information pertinent to the Project including previous reports, GIS mapping and data, and any other data relative to completion of the Project. D. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by GAT, obtain advice of other consultants as Owner deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of GAI. E. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. F. Attend and take leadership role in project progress meetings and other project related meetings and attend and moderate the public meetings, G. Give notice to GAI whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of GAI's services, or any defect or nonconformance of the work of any contractor. H. Contact other departments within the City of Denton and coordinate with them to obtain record drawings of other utilities, buildings, or infrastructure as needed. M .O S W n m x 0 0 9 OD N m c_ Cl N C W L a rz M N w x E w e e C d N J f0 y CO d m O y o v a p 0 m c w N D _a V 'O n y fC m O 10 C C 3 > m z° > w ~ C M K N fV 7 p~ H L H E ano tld t!7o J v a - Q ~ ~ u 5 y 2 ~ .'n o E ivy ~ a Q' n ; vim, a ~ a 'c m v'i X-i a5 a' a o no Z c z~ N Q ° a Bi ra zt E o ° Z T z~ y a a o v a m z q ° a~ o - f, y rn E a c r~ y rn e n° n ua m N ~ N Y'i m m ~ a 2 Y ~ ~ p v `uj o ~i q m ~ i. 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O U C_ Cl d E r a ti M N w Ln M S E 0 w d G ~ N CO 7 `w m O O •E a c 0 m e 0 c Q 0 O _T V a m a v m O c C_ A ~ Y O N ~ .Z w ~ c m m = N a°c N N [V 7 y v ~ Ln c 1n ~ D j ~ t x x ana dy pntu NHS 0 z O _ a A e a ° E ° A `o 9 o U ~ E o _ € a n 2 ~2 ~ ~ D ° ~ 'E o e n 0 E = w p_ C € A e s s e C z - o 5 e a o n 2 v e N u E o a ~ e Q ~ « _ E a 2 - E A r a E r o ° e ~ C ~i ° a L ti E a 2 C 2 ~ a 7S 3 3 c 0 ~ e 3 3 c 1° o e` ro w o m Z am a" 3 w i Yn z v m a M L x w 00 m S C_ 1~ N ~ M 00 ~ C H E r Q n n M N O in M E do N = N O w N m co O 0 N CL O c 0 m c O c (1 O 0 L) m U C C A > M N Y C M 2 ~ O v eV 7 y y 7 ~n s e 0 ' - s a _ - a o ~ C N 9 r = d VI z a " 777 l awn N E S ~ - ~ - a E U m o O a ° 9 O a W n ~ 0 ° t a a 22 ° A a o U E m ~ > m a c a Q a s a 3 ~ T U ~ E ~ > m a c a a y ? a m e n n ? a m o ~ ° a 'm n m m u ~ ~ E ¢ ~ c j 2 a m v - 2' G v F C O - `o ~ a 3 9 a n m 111 = m m a Exhibit 4 Graham Associates, Inc.: Principal $150.00 Senior Engineer $125.00 Registered Public Land Surveyor $125.00 Senior Hydrologist $125.00 Registered Engineer $100.00 Graduate Engineer $90.00 Graduate Hydrologist $95.00 Technician IV $90.00 Technician III $75.00 Technician 11 $60.00 Technician I $40.00 GPS Survey Crew $130.00 3 Man Survey Crew $140.00 2 Man Survey Crew $120.00 Clerical $35.00 CADD Station $25.00 Schrickel. Rollins & Associates, Inc..: Project Manager $150.00 Senior Engineer $120.00 Engineers $90.00 Senior Landscape Architect $95.00 Landscape Architect II $80.00 Landscape Architect I $66.00 Lic. Irrigator $70.00 CAD Technician $70.00 Clerical $60.00 Blanton and Associates, Inc.: Senior Project Manager $136.47 Senior Scientist $108.39 Env. Scientist/Planner $103.89 Cartography $87.38 Env. Tech $81.54 CADD Tech $72.82 Secretary $65.02 Clerical Staff $48.06 Other Direct Expenses Mileage $,500 (mile) Standard Postage $,42 (letter) Overnight Mail-letter size $16.00 each Overnight Mail - oversized box $ 40.00 each Photocopies B/W (8 1/2"x 11 $ $0.10 each Photocopies B/W (11"xl7") $ $0.20 each Photocopies Color (8 1/2"x I V) $ 0.20 each Photocopies Color (I 1 "x17") $ 0.40 each Plots (B/W Bond) $1,50 sq ft Plots (Color Bond) $ 2,50 sq ft Lodging/Hotel (Taxes/fees not included) $ 85.00 day Meals (over night stay required) $ 36.00 day Backhoe Rental $ 800.00 day Hazmat Database Search $ 500.00 search Landtee Engineers, LLC PERSONNEL Project Geotechnical Engineer $ 125.00 Senior Geotechnical Engineer $ 135.00 Senior Project Manager $ 150.00 Principal Engineer $ 165.00 Senior Engineering Consultant $ 195.00 Registered Professional Land Surveyor $ 135.00 Expert Witness (Deposition and Trial) $ Reg, Rt. x 1.5 Engineering Technician I $ 40.00 Engineering Technician II $ 50.00 Engineering Technician III $ 60.00 Senior Engineering Technician $ 65.00 Engineering Assistant/Specialist $ 75.00 Word Processing/Clerical $ 50.00 Drafting/CADD $ 70.00 Field Survey $ 115.00 Field Survey over 8 his/day $ 125.00 GPS Equipment $ 10.00 GPS Communications $ 50.00 Robotic Equipment Charge $ 10.00 Transportation (portal to portal) $ 0.65/mile Transportation w/trailer (portal to portal) $ 0.75/mile Minimum Transportation Charge $ 50.00/trip Support Vehicle $ 50.00/day Per Diem $ 150.00/day Sample/Document Shipment.$ 50.00 each Plots/Copies $ 50.00/first plot; $ 5.00 after first plot Copies $ 0.10/page DRILLING AND SAMPLING Drilling and Intermittent Sampling in Soil $ 16.00/foot Drilling and Continuous Sampling in Soil $ 24.00/foot Drilling in Rock (Auger - no sampling) $ 15.00/foot Core Drilling in Shale/Sandstone/Moderate ly Hard Limestone $ 25.00/foot Core Drilling in Very Hard Rock $ 30.00/foot Field Penetration Tests, split spoon or TxDOT cone $ 35.00/each DRILLING AND SAMPLING CONT'D Drilling Through Concrete $ 100.00/hole Mobilization of Rig (Local) $ 300.00/each Minimum Drilling fee $ 1250.00/each Plug Bore Hole with Bentonite $ 7.50/foot Hollow Stem Auger Drilling (3.25 I.D.) w/continuous bbl sampler $ 27.00/foot Drill Rig Standby Time $ 185.00/hour SOIL Atterberg Limits (liquid and plastic limits), ASTM D4318 $ 60.00/test Percent Passing No. 200 Sieve, ASTM D 1140 $ 50.00/test Standard Proctor, ASTM D 698 $ 140.00/test Modified Proctor, ASTM D 1557 $ 175.00/test TEX-113E $ 225.00/test Processing Materials greater than No. 4 $ 65.00/test Sieve Analysis, ASTM D422 $ 70.001test Lime/Atterberg Limits Series, 4 points $ 250.00/test Soluble Sulfate, TOOT 145E $ 100.00/test Moisture Content, ASTM D433 $ 15.00/test Moisture Content and Unit Dry Weight $ 25:00/test Hydraulic Conductivity, ASTM 5084 $ 310.00/test Hydraulic Conductivity, COE $ 310.00/test Hydrometer Analysis. $ 115.00/test Specific Gravity $ 60.00/test Unconfined Compressive Strength $ 45.00/test Unconfined Compressive Strength (core) $ 60,00/test Absorption-Pressure Swell $ 100,00/test Free Swell $ 75,00/test Bar Linear Shrinkage $ 20.00/test California Bearing Ratio (ASTM 1883) $ 225.00/point Consolidation $ 450.00/test Triaxial Shear -1.4-inch, 2.0-inch diameter specimens (larger diameter specimens quoted upon request) a. Unconsolidated Undrained: - multiple specimen, 3 specimens minimum $ 85.00/spec - single specimen, 3 points minimum $ 85.00/point b. Consolidated Undrained - with pore pressure measurements: - multiple specimen, 3 specimens $ 425.00/spec - single specimen, 3 points minimum $ 425.00/point c. Consolidated Drained: - multiple specimen, 3 specimens minimum $ 450.00/spec - single specimen, 3 points minimum $ 450.00/point Direct Shear - 2,5-inch diameter specimen - Q-Test, 3 points minimum $ 175.00/point - S-Test, 3 points minimum $ 250.00/point Remolding samples $ 60.00/each Alpha Testing Inc.. STANDARD UNIT TEE SCHEDULE 1. Engineering technician services for molding concrete test specimens, performing slump, air tests and testing at batch plant, $ 40.00/hr 2. Overtime (in excess of 8 hours per day) $ 60.00/lu 3. Special Inspector, Full Time Masonry Observation $ 65.00/hr 4. Overtime (in excess of 8 hours per day) $ 97.50/hr 5. Specimen pick-up w/o field testing of concrete placement by ALPHA TESTING $ 50.00/trip 6. Handling charge for testing specimens not molded by this Laboratory $ 35.00/set 7. Vehicle Trip Charge $ 30.00/trip 8. Laboratory compression testing and reporting of concrete cylinders $ 18,50/ea 8.1 Reserve concrete cylinders not tested $ 18,50/ea 9, Laboratory flexural testing and reporting of concrete beams $ 24.00/ea 9,1 Reserve Beams not tested $ 24,00/ea 10. Grout Prism (3x3x6 inch) Compression Test $ 25.00/ea 11. Masonry CMU Prism, Compressive Strength Test 11.1 Un-grouted) $ 75.00/ea 11.2 Grouted $ 110.00/ea 12, Laboratory testing of aggregate for concrete mix design including gradation, fineness modulus, absorption, specific gravity and unit weight $ 225,00/ea 13. Concrete Mix Designs: 13,1 Review of mix design $ 265.00/ea 13,2 Laboratory design of concrete mix with specific strength and workability Characteristics $ 975.00/ea 13.3 Additional Mix Design utilizing aggregate sample $ 425.00/ea 13,4 Technician Design Batch Time $ 40.00/hr 13.5 Design Confirmation Cylinders $ 18,50/ea 13,6 Design Confirmation Flexural Beams $ 24,00/ea 14. Special Laboratory Testing of Concrete Aggregates 14.1 Sieve Analysis (dry method) $ 50.00/ea 14.2 Sieve Analysis with decantation (wet method) $ 55,00/ea 14.3 Specific Gravity of aggregates $ 70.00/ea 14.4 Organic Matter $ 70,00/ea 14.5 Hydrometer Analysis $ 125.00/ea 14,6 Percent Finer than 200 mesh $ 55.00/ea 14.7 Absorption $ 55,00/ea 14.8 Moisture Content $ 9,00/ea 14.9 Bulk Unit Weight(SpGr) $ 45.00/ea 14.10 Dry Rodded Unit Weight $ 30,00/ea 14.11 Loose Rodded Unit weight $ 20.00/ea 14.12 Los Angeles Abrasion $ 575.00/ea 14.13 Sodium Sulphate Soundness (3 cycles) $ 625.00/ea 14.14 Wet Ball Mill Test $ 625.00/ea 14.15 California Bearing Ration (CBR) Test $ 700.00/ea 14.16 Minus 200 $ 55,00/ea 15. Concrete Coring" 15.1 2 or 4 Inch Diameter Cores (avg 6"/dpth)(Includes Coring, Prep & Testing) $ 90.00/ea 15.2 Minimum coring charge (per trip) $ 250.00/ea 15.3 Core Hole Patching $ 20.00/ea 15.4 Core Preparation if cored by others & delivered to our Laboratory $ 10.00/ea 15.5 Core Compression Test if cored by others & delivered to our Laboratory $ 25.00/ea 16. Concrete Special Testing Services: 16.1 Schmidt Rebound Hammer Testing (41ir Min.) $ 45.00/hr 16.1a Equipment Charge $ 45.00/day 16.2 Windsor Probe Testing (41ir Min) $ 45.00/hr 16.2a Probe Supplies $ 36.00/set 16.2b Equipment Charge $ 45.00/day 16.3 R-Meter (Reinforcement Location) (4hr Min) $ 45.00/hr 16.3a Equipment Charge $ 45.00/day 17. Engineering technician services performing in-place field density testing $ 40.00/hr 18. Engineering technician services for sample pick-up $ 40.00/hr 19. Overtime (in excess of 8 hours per day) $ 60.00/hr 20. Vehicle Trip Charge $ 30.00/trip 21, Nuclear density equipment charge 22. Half day (0 - 4 hours) $ 75.00 23 Full day (over 4 hours) $ 125.00 24. Moisture/Density Relationship of Soils 24.1 Standard Proctor (ASTM D 698) $ 185.00/ea 24.2 Modified Proctor (ASTM D 1557) $ 190.00/ea 24.3 Target Moisture Proctors $ 1,200.00/ea 24.4 With Lime added in laboratory, add $ 80,00/ea 25. Atterberg-limit Determinations 25.1.1 Natural $ 70,00/ea 25.2 With Lime, add $ 30.00/ea 26. Lime Series, ph Method (Eades & Grim Method) $ 350.00/ea 27. Soluble Sulphate (Standard 8 Day turn around, Rush rates quoted upon request) $ 95.00/ea 28. Senior Engineering Technician for Visual Structural Observations: $ 65.00/hr 29. Senior Engineering Technician for Visual Structural Observations, Overtime $ 97.50/hr 30. Vehicle Trip Charge $ 30.00/trip 31. Marshall stability, flow and density (3 points per test) $ 92.00/ea 32. Extraction and gradation $ 175.00/ea 33, Maximum Theoretical SpGr $ 75,00/ea 34. Disposal Fee $ 25.00/ea 35. Design of asphaltic concrete mix (Marshall Method) 35.1 3 Aggregates, 5 Bitumen Percentages $ 1,300.00/ea 35.2 4 Aggregates, 5 Bitumen Percentages $ 1,500.00/ea 36. Roof-cut analysis, either quantitative or qualitative type $ 800.00/ea 37. Non-destructive testing of steel using ultrasonic equipment 37. 1 Regular time (4 hour minimum) 37. 2 Overtime (in excess of 8 hours per day) 37. 3 Equipment Charge 38, Free Swell Tests 39. Spray on Fireproofing: 39.1 Laboratory Density 39.2 In Place Bond Test 40. Fire Spread Test (ASTM E84) 40.1 NUMBER OF SAMPLES COST PER SAMPLE 1 2-5 6 Plus 40.2 Sample Preparation if required (Per Sample) 40.3 Over night Shipping (Pre Sample) 41. Floor Flatness: 41.1 Testing Minimum Charge 41.2 Testing for over 18,000 sq/ft 42. Taylor # 625 Calcium Chloride Kits 43 Administrative Services, test evaluation, Report & Plan Review, contract administration, laboratory and field supervision 43.1 Principal Engineer (P.E.) 43.2 Senior Project Engineer (P,E,) 43.3 Materials Engineer 43.4 Materials Manager 43.5 Senior Engineering Technician 43.6 Field Engineering Technician Gorrondona & Associates: Estimated Fees QL "B" on a unit base QL "A" SUE on a unit rate basis. 0' - 5' Depth 5'- 10' Depth 10' - 20' Depth 20' + Depth Crossland Acquisition, Inc. Pre-acqusition Services - Fee Fee Acquistion (Title Review, Negotiation, & Closing) $ 125.00/fir $ 150.00/hr $ 50.00/day $ 100,00/ea $ 45.00/ea $ 55.00/ea $ 735.00 $ 700.00 $ 660.00 $ 160.00/ea $ 130.00/ea $ 450.00/min $ 0.025Sq/Ft $ 40.00/ea $ 165.00/hr $13 5.00/lrr $125.00/fir $100.00/hr $ 65,00/hr $ 40.00/hr $1.00 per linear foot of utility, $ 1,000 each $ 1,375 each $ 2,150 each $ 3,200 each $5,500 each Relocation Assistance $5,000 each Condemnation Support $4,500 each Initial Appraisal - Unimproved Parcels $2,600 each Initial Appraisal - Improved Parcels $4,700 each Updated Appraisal Fees $5,000 each Jim Henry $190.00/1u Randy Spear $120.00/hr Abel Garcia $75.00 /hr Donna Culverhouse $100.00/111• Title Fees Abstract Fee $600 per parcel Escrow Fee $500 per parcel Cost of title policy and cost of recording fees not included Freese and Nichols, Inc,: Basic Services Traffic Engineer $187.00 Air EIT $110.00/111 Admin $58.00/111 QC $167.00/hr Expenses Black and White Plots $2,50 each Color Plots $5,75 each Bound Report $55.00 each Computer $10.00 each Mileage $0.61 per mile Courier $38.50 each Overnight Mail $27.50 each EXHIBIT 3 ROAD a W H Z Z O Pq PROJECT LOCATION A W PO W w Z Z O Pq ALLRED N BONNIE BRAE ROAD 1-35E to HWY 377 This page left blank intentionally . AGENDA INFORMATION SHEET AGENDA DATE: October 19, 2010 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement for design and engineering services relating to the Mayhill Road Widening and Improvements project: providing for the expenditure of funds therefor; and providing an effective date (File 4511 - awarded to Freese and Nichols, Inc. in an amount not-to-exceed $4,501,530.00). BACKGROUND The City of Denton applied for regional toll revenue (RTR) funding from S.H. 121 tolling proceeds for several major transportation projects in August 2007. In August 2008, the City was notified that the Mayhill Road project (N idening Mayhill Road from its current tx o lane configuration to a 4-lane divided section - refer to Exhibit 1) was selected for RTR funding. The State notified staff on September 28, 2009 that the City's contracts or advanced funding agreements had been approved in Austin. The advanced funding agreement (AFA) for Mayhill Road, which was approved by City Council on January 12, 2010, sets forth the payment provisions and timing for the funding of this project. The total funded amount of the project is $56,670,566.00, with $45,336,453.00 coming from the State and $11,334,113.00 provided by local match. Denton County approved the expenditure of $5,667,056.00 from Precincts 1 and 4 (half from each) for this project as part of their 2008 Transportation Road Improvement Program (TRIP `08). A total of $5,667,057.00 of the required local match will be provided from the City of Denton. Utility and CIP Engineering and the Purchasing Department issued a Request for Proposals (RFP) to a total of fourteen consulting firms for the project. Ten proposals were received from interested firms on June 17, 2010. A selection team made up of six staff members screened and ranked the proposals received based on criteria listed in the RFP and, based on that ranking, a total of four firms were shortlisted and invited to interview. Presentations were made by the various firms on July 7, 2010. Based on the presentations made, Freese and Nichols, Inc. was chosen by the selection team as the firm with which to initiate contract negotiations. The proposed engineering fee of $4,501,530.00 for the professional services on this project is representative of a sole source contract for all of the engineering and other professional services anticipated. For example, the fee includes amounts for a detailed preliminary investigation and schematic preparation, subsurface utility engineering (SUE), hydraulic analyses and permitting, environmental analyses and permitting, public involvement, survey, easement preparation and negotiation, geotechnical investigation and site specific pavement design, detailed design phase, bid phase assistance and full time constriction services representation and support. Various components calculated in support of this fee included $1,823,100.00 for basic services, $438,900.00 for design phase special services (hydraulic analyses and permitting, environmental permitting assistance, public involvement and website, illumination or lighting design, eminent domain assistance, FEMA coordination and permitting, USACE notification and Phase I environmental site assessments), $797,700.00 for constriction phase services, $1,365,980 for subconsultant special services (boundary/topographic survey, geotechnical investigation and pavement design, traffic counts, archeological survey, right-of-way (ROW) acquisition services, ROW/easement documents, and subsurface utility engineering), and $75,850.00 for expenses. The consultant projects a preliminary opinion of probable constriction cost for the project at approximately $32.6 million dollars. Basic services represent approximately 5.59% of the projected constriction cost. The total contract amount represents approximately 13.81% of the projected constriction cost; however, the engineering component of the total contract amount minus the ROW acquisition is approximately 10.69%. Staff referenced two sources for comparison of fees based on a percentage of constriction: The American Society of Civil Engineers (ASCE) Manual No. 45 and Consulting Engineers Council of Texas (CEC-T) curves of median compensation. From ASCE Manual No. 45, the design fee is projected at approximately 5% of the preliminary opinion of probable constriction cost and total fee is project at approximately 12% of the preliminary opinion of probable constriction cost. From CEC-T curve of median compensation "B", the design fee is projected at approximately 5.7% of the preliminary opinion of probable constriction cost (although this curve is referenced and utilized for comparison purposes, it dates back to 1982 and is generally considered to be out of date). Staff also looked at the hourly breakdown for each task to evaluate the effort and costs per line item and at the possible number of plan sheets for the project in order to further evaluate the effort involved. Costs and scope descriptions with the consultant went through a total of three iterations back and forth between the consultant and staff. OPTIONS 1. Approve the Professional Services Agreement. 2. Reject the Professional Services Agreement. RECOMMENDATION Staff recommends approval of the Professional Services Agreement between the City of Denton and Freese and Nichols, Inc. in the amount of $4,501,530.00 for Engineering Services for the Mayhill Road Widening and Improvements project. The various analyses and negotiations conducted to evaluate the fee demonstrated that the amount of the contract is consistent with the level of effort required for a project of this nature. PRIOR ACTION/REVIEW (Council, Boards, Commissions) 1. Mobility Committee Meeting - October 24, 2009. 2. City Council Meeting - January 12, 2010. FISCAL INFORMATION Funding for this project was approved along with the AFA on January 12, 2010. The City's share of the local match has been fully allocated to the project. Funds from the State for the first two phases of the project (Engineering and ROW Acquisition/Utilities) have already been received and deposited. It is worth noting that, at least at the current time, the total projected constriction cost for the project is within the budgeted amount of $38,932,892.00. Likewise, the total amount of the recommended contract with Freese and Nichols, Inc. is less than the total amount budgeted for engineering ($5,454,159.00); however, the AFA funding will also need to cover internal staff engineering and ROW acquisition expenses. BID INFORMATION Not applicable. EXHIBITS 1. Ordinance 2. Professional Services Agreement. 3. Mayhill Road Layout. Respectfully submitted, ij Frank G. Payne, P.E. City Engineer EXHIBIT 1 ORDINANCE NO. 2010- AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER PERTAINING TO THE CITY OF DENTON MAYHILL ROAD WIDENING AND IMPROVEMENTS PROJECT FROM INTERSTATE HIGHWAY 35-E TO UNIVERSITY DRIVE (U.S. HIGHWAY 380) AND ENGINEERING AND RELATED SERVICES FOR SAID PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FOR A TOTAL FEE OF NOT-TO- EXCEED $4,501,530). WHEREAS, the City Council deems it necessary and appropriate and in the public interest to engage the engineering firm of Freese and Nichols, Inc. ("FNI"), a corporation, with its corporate office at 4055 International Plaza, Suite 200, Fort Worth, Texas 76109, to provide the City with professional architecture or engineering services pertaining to the City of Denton Mayhill Road Widening and Improvements Project from Interstate Highway 35-E to University Drive (U. S. Highway '180), hereafter referred to as the "Project," together with engineering services for said project; and WHEREAS, the City staff has reported to the City Council that this project is a major project and there is a substantial need for the hereinabove described professional services by the City of Denton, and that limited City staff cannot adequately perform the specialized engineering and other services and tasks, with its own personnel; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act," generally provides that a city may not select a provider of professional services on the basis of competitive bids, but must select the provider of professional services on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; FNI has performed professional services for the City on prior engagements and is well-qualified to perform this project; and WHEREAS, the City Council hereby is of the opinion, and finds and concludes that FNI is appropriately qualified under the provisions of the law, to be retained as an engineering firm for the City respecting this engagement; and WHEREAS, the City Council has provided in the City budget for the appropriation of funds to be used for the procurement of the foregoing professional services, as set forth in the "Professional Services Agreement for Architect or Engineer" pertaining to the Project; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations contained in the preamble hereto are true and correct and are incorporated herewith as a part of this Ordinance. SECTION 2: The City Manager is hereby authorized to execute a "Professional Services Agreement for Architect or Engineer" (the "Agreement") with the engineering firm of Freese 1 and Nichols, Inc., a Corporation, for professional architecture or engineering services pertaining to the Project, as hereinabove described, in substantially the form of the Agreement which is attached hereto as Exhibit "A," which is incorporated herewith by reference. SECTION 3: The award of this Agreement is on the basis of the demonstrated competence and qualifications of the firm of FNI, and the ability of FNI, to perform the professional architectural and engineering and related services needed by the City for a fair and reasonable price. SECTION 4: The expenditure of funds as provided for in the attached Agreement is hereby authorized. SECTION 5: This ordinance shall become effective upon its passage and approval. PASSED AND APPROVED this the day of 12010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: 2 EXHIBIT 2 PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER THIS AGREEMENT is made and entered into as of the day of , 20 , by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "Owner" and Freese and Nichols, Inc., with its corporate office at 4055 International Plaza, Suite 200, Fort Worth, Texas, 76109 hereinafter called "FNI," acting herein, by and through their duly authorized representatives. In consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: SECTION 1 EMPLOYMENT OF ENGINEERING PROFESSIONAL The City of Denton Mayhill Road Widening and Improvements Project (the Project) will include design phase, bid phase, and construction phase services for the widening of Mayhill Road from Interstate 35 East (IH35E) to University Drive (US Hwy. 380). The project includes preparation of construction plans and bid documents, opinions of probable construction costs, identification of right-of-way requirements and necessary ROW acquisitions, City utility relocation, franchise utility relocation coordination, permitting and full time construction representation. Other services that may be provided as additional services in support of the project are also described in Attachment A. SECTION 2 COMPENSATION The Owner shall compensate FNI as follows: 2.1 BASIC SERVICES 2.1.1 For Basic Services and related Expenses for Article I, the total compensation shall be a lump sum amount of $1,823,100 Progress payments for Basic Services shall be paid monthly as a percentage of the total compensation for the Basic Services satisfactorily completed at the end of the month. 2.2 SPECIAL SERVICES (DESIGN PHASE) 2.2.1 For the Lump Sum Special Services the total compensation shall be as follows Hydraulic Analysis / CLOMR $149,400 Environmental Permitting Assistance $44,300 Public Involvement/Web Site $32,200 Illumination Design $33.600 Special Services Subtotal (Lump Sum) $259,500 Page 1 Revised 05-06-2009 Progress payments for Lump Sum Special Services shall be paid monthly as a percentage of the total compensation for the Special Services satisfactorily completed at the end of the month. 2.2.2 For the Cost Plus Max Special Services the total compensation shall be as follows Eminent Domain $ 37,500 FEMA Coordination / LOMR $118,000 USACE Pre-Construction Notice $ 1500 Phase I Environmental Site Assessments (2) $ 8,100 Special Services Subtotal (Cost Plus Max) $179,400 Total fee for these services will not exceed the amounts listed above without written authorization from the Owner. Progress payments for Cost Plus Max Special Services shall be paid monthly on a time and materials basis not to exceed total compensation for the Special Services satisfactory completed at the end of the month. 2.3 SPECIAL SERVICES (CONSTRUCTION PHASE) 2.3.1 For the Cost Plus Max Special Services the total compensation shall be as follows Construction Management/ Resident Representation $797,700 Special Services Subtotal (Cost Plus Max) $797,700 Total fee for these services will not exceed the amounts listed above without written authorization from the Owner. Progress payments for Cost Plus Max Special Services shall be paid monthly on a time and materials basis not to exceed total compensation for the Special Services satisfactory completed at the end of the month. 2.4 SPECIAL SERVICES (SUBCONSULTANT) 2.4.1 For the Lump Sum Special Services the total compensation shall be as follows Boundary / Topographic Survey $120,780 Geotechnical Investigation / Pavement Design $105,380 Traffic Counting Services $ 9,020 Special Services Subtotal (Lump Sum) $235,180 Progress payments for Lump Sum Special Services shall be paid monthly as a percentage of the total compensation for the Special Services satisfactorily completed at the end of the month. Page 2 Revised 05-06-2009 2.4.2 For the Cost Plus Max Special Services the total compensation shall be as follows Archeological Survey $ 33,990 Right-of-way Acquisition Services $879,010 ROW/Easement Documents $138,600 Subsurface Utility Engineering (SUE) $ 79,200 Special Services Subtotal (Cost Plus Max) $1,130,800 Total fee for these services will not exceed the amounts listed above without written authorization from the Owner. Progress payments for Cost Plus Max Special Services shall be paid monthly on a time and materials basis not to exceed total compensation for the Special Services satisfactory completed at the end of the month. 2.5 ADDITIONAL SERVICES 2.5.1 Compensation for Additional Services will be based on the attached schedule of charges on page CO-l. 2.6 REIMBURSABLE EXPENSES 2.5.1 Reimbursable Expenses shall be a multiple of 1.10 time the expenses incurred by FNI and FNI's employees in the interest of the Project as defined in the General Conditions but not to exceed a total of $75,850 without the prior written approval of the Owner. Page 3 Revised 05-06-2009 SECTION 3 ENTIRE AGREEMENT This Agreement includes this executed agreement and the following documents all of which are attached hereto and made a part hereof by reference as if fully set forth herein: 1. City of Denton General Conditions to Agreement for Architectural or Engineering Services. 2. Attachment A (Scope of Services) through CO-1. This Agreement is signed by the parties hereto effective as of the date first above written. CITY OF DENTON, TEXAS A Municipal Corporation BY: ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANI' BY: GEORGE C. CAMPBELL CITY MANAGER FREESE AND NICHOLS, INC. A Corporation BY: ATTEST: BY: Jahn Dewar, P.E., S.E. Page 4 Revised 05-06-2009 CITY OF DENTON GENERAL CONDITIONS TO AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSIBILITIES 1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "Agreement") and proposal (the "Proposal") to which these General Conditions are attached) performed by the Architect or Engineer (hereinafter called the "Design Professional") or Design Professional's employees and consultants as enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the "Services"). 1.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely actions (the "Degree of Care"). The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of the Project. Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the performance of the Services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owners review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any adjushments to this schedule shall be mutually acceptable to both parties. ARTICLE 2 SCOPE OF BASIC SERVICES 2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 2.2 through 2.6 of these General Conditions and include without limitation normal structural, civil, mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set of Construction Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owner's needs and to establish the requirements for the Project. 2.2.2 The Design Professional shall provide a preliminary evaluation of the Owners program, construction schedule and construction budget requirements, each in terns of the other, subject to the limitations set forth in Subsection 5.2.1. 2.2.3 The Design Professional shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations. 2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of time from the commencement to the completion of construction. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Design Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design Professional represents that the Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project. 2.3.2 The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described in Section 2.2.5. 2.4 CONSTRUCTION DOCUMENTS P14ASE 2.4.1 Based on the approved Design Development Documents and any farther adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Design Professional shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. 2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information, bidding or procurement forms, the Conditions of the contract, and the form of Agreement between the Owner and contractor. 2.4.3 The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. 2.4.4 The Design Professional shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of govemmental authorities having jurisdiction over the Project. 2.5 CONSTUCTION CONTRACT PROCUREMENT 2.5.1 The Design Professional, following the Owners approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost, shall assist the Owner in procuring a construction contract for the Project through any procurement method that is legally applicable to the Project including without Page I of 8 H:\Misc\Blank Forms\GENERAL CONDITIONS-ARCHITECT-ENGINEER Revised 052209.doc Revised 5-30-02 of materials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.6.13 The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Design Professional as provided in Subsections 3.1.1 and 3.33, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review written guarantees and related documents required by the Contract for Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the requirements of the Contract Documents. 2.6.15 The Design Professional shall interpret and provide recommendations on matters concerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Design Professional shall endeavor to secure faithful performance by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this Agreement and in the absence ofnegligence. 2.6.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and Contractor relating to the execution or progress of the work as provided in the Contract Documents. 2.6.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner for all damages caused by the defective designs the Design Professional prepares; and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any rights the Owner may have under the Agreement or diminish any of the Design Professional's obligations thereunder. 2.6.19 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during the Construction Phase. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confinned in writing by the Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond the Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional services until it receives written approval from the Owner to proceed. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Design Professional shall have no obligation to provide those services. Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if they are not required due to the negligence or fault of Design Professional. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as agreed by the Owner and Design Professional. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are: 1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or 3. due to changes required as a result of the Owner's failure to render decision in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except for services required under Subsection 2.5.2. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such work. 3.3.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of perfonmance of either the Owner or Contractor under the Contract for Construction. Page 3 of 8 H:\Misc\Blank Forms\GENERAL CONDITIONS-ARCHITECT-ENGINEER Revised 052209.doc Revised 5-30-02 4.4 The owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely mariner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential progress of the Design Professional's services. 4.5 Where applicable, the Owner shall fumish surveys describing physical characteristics, legal limitations and utility locations for the site ofthe Project, and a written legal description of the site. The surveys and legal infonnation shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and infonnation concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark. 4.6 Where applicable, the Owner shall furnish the services of geotechnical engineers when such services are requested by the Design Professional. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and re- sistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services. 4.7 When not a part of the Additional Services, the Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 71re services, infonnation, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished at the Owner's expense, and the Design Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional. 4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require knowledge or services beyond the scope of the Agreement. ARTICLE 5 CONSTRUCTION COST 5.1 CONSTRUCTION COST DEFINED 5,1.1 Tlne Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Design Professional. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials fiumished by the Owner and equipment designed, specified, selected or specially provided for by the Design Professional, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for con- tingencies shall be included for market conditions at the time of bidding and for changes in the work during construction. 5.1.3 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights-of-way, financing or other costs which are the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design Professional represent the Design Professional's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS 6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professional's service and shall become the property of the Owner upon termination or completion of the Agreement. The Design Professional is entitled to retain copies of all such documents. Such documents are intended only be applicable to this Project, and Owner's use of such documents in 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 the Agreement in another project or for other purposes than are specified in the Agreement, the Design Professional is released from any and all liability relating to their use in that project Page 5 of 8 Revised 5-30-02 H:\Misc\Blank Forms\GENERAL CONDITIONS-ARCHITECT-ENGINEER Revised 052209.doc 8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days after the presentation to the Owner of the Design Professional's statement of services rendered or expenses incurred. 8.5 PAYMENTS WITHHELD No deductions shall be made from the Design Professional's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the work other than those for which the Design Professional is responsible. ARTICLE 9 INDEMNITY 9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the Owner, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its officers, shareholders, agents, or employees in the performance of the Agreement. 9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an insurance company licensed or authorized to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: 10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $2,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $250,000 in the aggregate. 10,2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident. 10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident including occupational disease. 10.4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. 10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the time of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers' Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days' prior written notice to Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date of the change or cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of this Article 10. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 The Agreement shall be governed by the laws of the State of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusively in Denton County, Texas. 11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Design Professional shall not assign its interests in the Agreement without the written consent of the Owner. 11.3 The tern Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of the Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that is reasonably possible be read so as to harmonize the provisions. However, should the provisions of these documents be in conflict so that they can not be reasonably harmonized, such documents shall be given priority in the following order: 1. The executed Agreement 2. Attachments referenced in Section 3 of the Agreement other than the Proposal 3. These General Provisions 4. The Proposal 11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Design Professional. 11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Design Professional's promotional and professional materials. The Design Professional's materials shall not include the Owners confidential or proprietary information if the Owner has previously advised the Design Professional in writing of the specific information considered by the Owner to be confi- dential or proprietary. The Owner shall provide professional credit for the Design Professional on the constriction sign and in the promotional materials for the Project. 11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants. Page 7 of 8 H:\Misc\Blank Forms\GENERAL CONDITIONS-ARCHITECT-ENGINEER Revised 052209.doc Revised 5-30-02 ATTACHMENT A SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER MAYHILL ROAD WIDENING AND IMPROVEMENTS FOR THE CITY OF DENTON GENERAL: The City of Denton Mayhill Road Widening and Improvements Project (the Project) will include preparation of construction plans and bid documents, opinions of probable construction costs, identification of right-of-way requirements and necessary ROW acquisitions, Owner utility relocation, franchise utility relocation coordination, permitting and construction phase services. ARTICLE I BASIC SERVICES: FNI shall render the following professional services in connection with the development of the Project: A. Conceptual Design 1. Attend a kick-off meeting with the Owner to discuss the various aspects of the project including planning and design criteria, work program and schedule, procedures of communication, and assignments of personnel. 2. Obtain from the Owner, franchise utility providers, Denton County Transportation Authority (DCTA) and the Texas Department of Transportation (TxDOT) all available record drawings, planning reports, traffic counts, zoning ordinances, and other data that may be pertinent in considering the development of the preliminary alignments and the final design of the proposed improvements. 3. Determine from a field reconnaissance of the project area the general layout of the land for the improvements including location of existing above ground utilities and drainage structures. 4. Develop a schematic layout with two (2) roadway route alternatives at critical locations along the alignment. Submit four (4) copies of the schematic layout to the Owner for review. 5. Prepare preliminary bridge layouts for the grade-separated crossing of the DCTA line, Pecan Creek, and Cooper Creek. Prepare Exhibit A for the DCTA Bridge. 6. Attend meeting with Owner to discuss potential utility conflicts and the proposed relocation plan. FNI will meet with the Owner's Project Manager and Engineering staff first, and utility staff later if necessary. 7. Attend a meeting with the Owner to discuss the alignment alternatives and recommendations. 8. Upon Owner approval of the schematic design FNI will develop a 30% plan set with paving plan/profile sheets, intersection layouts, right-of-way sheets, drainage area maps, culvert layouts, bridge layouts and hydraulic computation sheets. L:\Resources\cbs\D\Denton\Mayhill Road\1 0- 12- 10 Exhibit A-I B. Preliminary Design (60%) - Upon selection of a route alternative by the Owner, FNI will prepare preliminary construction plans as follows: 1. Prepare preliminary paving plan and profile sheets showing curb lines, driveways, elevations at all points of vertical intersection and point of intersections in the paving plan; typical sections; cross sections; high and low points, vertical curve information, and pertinent AASHTO calculations. 2. Prepare a Pavement Design Report documenting the existing soil conditions and providing pavement design recommendations based on at a minimum a 40-year design life, 10% truck loading and traffic volumes as agreed upon with the Owner. 3. Prepare preliminary drainage sheets including drainage area maps, plan and profiles, and hydraulic computations. 4. Initiate coordination of utility relocations with utility owners, and prepare preliminary design of relocations of affected City water and sewer lines. FNI anticipates the following improvements will be needed to City facilities to mitigate conflicts with the proposed roadway, drainage, bridge and signal improvements. However, design for relocation of all conflicting water and wastewater utilities will be provided, whether tabulated herein or not. Relocated utilities will be of the same size as existing, except as indicated in Item a) below. Water and Wastewater: a) New 12" water main, per Water Master Plan, from Foster to Prominence b) Relocate approx. 200' of 6" water line along south side of Colorado c) Relocate approx. 380' of 8" water line along north side of Colorado d) Relocate approx. 480' of 18" water line along north side of Colorado e) Relocate approx. 200' of 12" water line along Edwards f) Relocate approx. 1,500' of 12" water line along Edwards/Mayhill connector street north g) Relocate approx. 300' of 12" water line at the Quail Creek intersection h) Relocate approx. 1,080' of 18" reuse line from Foster to Spencer i) Relocate approx. 200' of 8" and 16" water line at McKinney intersection j) Relocate approx. 450' of 8", 12", and 16" water line at University intersection k) Relocate approx. 200' of 24" SS west and east of DCTA Rail 1) Relocate approx. 300' of 12" SS at Quail Creek intersection m) Relocate approx. 150' of 8" SS crossing at Spencer intersection n) Relocate approx. 1,600' of 8" SS from Spencer to north of Gayla L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-2 o) Relocate approx. 1,650' of 6" and 24" SS from south of Morse to Pecan Creek Bridge p) Adjust horizontal alignment of approx. 300' of 21" and 42" SS interceptors at Pecan Creek Bridge q) Relocate approx. 1,020' of 8" SS from Pecan Creek Bridge to McKinney r) Relocate approx. 720' of 10" SS north of McKinney 5. Prepare bridge layout, typical sections, foundation layout, abutment plan, and beam and bent plans. 6. Hydraulic Design of the Bridges and Culverts a) 60% Design Submittal: Update hydraulic design of bridges and culverts as necessary to reflect roadway design and to address Owner comments. (i) Update hydraulic models of bridges and culverts as necessary to reflect 60% roadway design. (ii) Preparation of Bridge Scour Analyses for PEC-5, Pecan Creek, and Cooper Creek bridges. (iii) Update the following sheets as necessary for 60% submittal: (1) Drainage Area Maps (2) Hydraulic Computations (3) Culvert Layouts (4) Hydraulic Data Sheets for Bridges 7. Prepare plan/profile and construction details for Mechanically Stabilized Earth Retaining (MSE) walls. 8. Prepare temporary traffic signal plans for the intersections of Spencer and McKinney. 9. Prepare permanent traffic signal plans for the intersections of Colorado, Spencer, Morse, Russell-Newman, Prominence, McKinney, and US 380. 10. Prepare Construction Phasing Plan including pavement phasing, transition segments, and construction detour plans. Develop construction phasing typical cross sections at key locations. 11. Prepare a preliminary estimate of probable construction cost and submit with four (4) sets of plans for review. 12. Meet with the Owner to discuss the preliminary design. FNI assumes that we will meet with the Owner three (3) times during the preliminary design phase. 13. Submit preliminary plans to utility companies for review and comment. Attend a preliminary coordination meeting with the franchise utility companies. L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-3 14, FNI will attend a coordination meeting with DCTA and TxDOT to coordinate plan approval and permits for the project. C. Final Design - Following Owner approval of preliminary plans, FNI shall prepare final plans with the following additional tasks: 1. Prepare final construction drawings for paving, bridge, MSE retaining walls, drainage, traffic signal, and City utility improvements. FNI will provide two bid packages, tentatively planned to include: 1) IH-35E to McKinney Street, and 2) McKinney Street to East University Drive. 2. This includes the final hydraulic design of bridges and culverts including scour analyses for the proposed bridges as necessary, and preparation of plans, specifications, and estimates. a) Final Design Submittal (i) Provide final hydraulic models to reflect 90% roadway design. (ii) Update the following sheets as necessary for 90% submittal: (1) Drainage Area Maps (2) Final Hydraulic Computations (3) Final Culvert Layouts (4) Hydraulic Data Sheets for Bridges (5) Detail Sheets (special and standard details) (6) Notes (7) Final grading layouts (8) Quantities for bid proposal (9) Technical specifications for bridge and culvert construction 3. Prepare final technical specifications and bid documents for the project, including bid proposal forms (project quantities) of the improvements to be constructed. This Scope of Services assumes that the project will be prepared using standard bid documents provided by FNI. 4. Prepare a final opinion of probable construction cost based on recent project unit bid prices. 5. Prepare and submit final permit set to TxDOT through the Owner for review and approval. 6. Prepare and submit final permit set to DCTA through the Owner for review and approval. 7. Furnish four (4) sets of drawings for review by the Owner at the 60% and 90% design stages, and meet with the Owner to review and discuss the plans. The review meetings will be conducted to address review comments and to take action on items to produce the final construction documents. FNI assumes that we will meet with the Owner three (3) times during each part of the final design phase (60% and 90%). L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-4 D. Bidding Phase - Assist Owner in securing bids. Issue a Notice to Bidders to prospective contractors in FNI's database of prospective bidders, and to selected plan rooms. Provide a copy of the Notice to Bidders for Owner to use in notifying construction news publications and publishing appropriate legal notice. The cost for publications shall be paid by the Owner. FNI will prepare two (2) separate bid packages for the project, with the following to be provided for each bid package. 1. Print thirty (30) sets of 11" x 17" Plans and Bid Documents and distribute to selected plan rooms, and to prospective bidders that respond to the Notice to Bidders. 2. Assist Owner by responding to questions and interpreting bid documents. Prepare and issue addenda to the bid documents to plan holders if necessary. 3. Attend one pre-bid meeting to answer questions related to the bid documents. 4. Assist Owner in the opening, tabulating, and analyzing the bids received. Review the qualification information provided by the apparent low bidder. Recommend award of contract or other actions as appropriate to be taken by the Owner. 5. Assist Owner in the preparation of Construction Contract Documents. Provide ten (10) sets of Construction Contract Documents which include information from the apparent low bidder's bid documents, legal documents, and addenda bound in the documents for execution by the Owner and construction contractor. Distribute five (5) copies of these documents to the contractor with a notice of award that includes directions for the execution of these documents by the construction contractor. Provide Owner with the remaining five (5) copies of these documents for use during construction. Additional sets of documents can be provided as an additional service. 6. Furnish contractor copies of the drawings and specifications for construction pursuant to the General Conditions of the Construction Contract. ARTICLE II SPECIAL SERVICES (DESIGN PHASE): E. Environmental Services FNI will perform the following environmental services in support of the Mayhill Road Improvements Project: 1. Compile existing data and perform an initial desktop analysis of environmental conditions of the project area. Prepare maps and other data necessary for site visit. 2. Conduct site visit. Verify and characterize the City's mapped Environmentally Sensitive Areas (ESAs) in the area affected by the proposed project. Perform a preliminary jurisdictional determination to identify and delineate boundaries of waters of the U.S., including wetlands. Make note of areas of potential environmental contamination within the project area that may warrant further investigation. Evaluate the project area for federally listed threatened or endangered species habitat. L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-5 3. Prepare a draft of the North Central Texas Council of Government's (NCTCOG) Environmental Review Checklist for the Owner's review and comment. Incorporate comments and submit the revised checklist to the NCTCOG through the Owner for review and comment. 4. Coordinate with cultural resources sub-consultant. Review and provide comments on draft cultural resources report. 5. Coordination with NCTCOG. This task would include answering questions and providing additional information through the Owner if requested by the reviewing agencies. This task assumes a maximum of three requests for clarification and information. Contested application proceedings and requests for multiple site visits are not included in this task. 6. If the preliminary jurisdictional determination results indicate that the impact to the waters of the U.S. exceeds 0.1 acre but is less than 0.5 acre, or if a jurisdictional wetland is identified within the affected area, then FNI will prepare a draft preconstruction notification (PCN) for coverage of road crossings. Submit the draft PCN to the Owner for review and comment. Incorporate comments and submit the revised PCN to the U.S. Army Corps of Engineers (USACE) for verification. This task assumes that any required compensatory mitigation for impacts to waters of the U.S. would be satisfied by the Owner's purchase of mitigation bank credits. Preparation of a detailed mitigation plan is not included in this task. 7. Prepare a Phase I Site Assessment for two properties assumed to be located at 1) Northeast Corner of Mayhill Road and McKinney Street (FM 426), and 2) Southwest Corner of Mayhill Road and East University Drive (US 380). This Phase I ESA will be conducted based on standards published by the Environmental Protection Agency All Appropriate Inquiries (AAI) Final Rule and ASTM International (ASTM) under Standard Guideline E1527-05, "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process." A Phase I ESA can reduce, but not eliminate, the level of risk for unidentified environmental contamination. No Phase I ESA can guarantee the absence of contamination. Only sampling and analysis can confirm the presence or absence of chemical contamination at a site. Sampling and analysis are beyond the Scope of Services for this Phase I ESA. Additionally, this Phase I ESA does not include an investigation or survey for the presence of mold or asbestos. In the absence of any standards, the opinions and conclusions found in the Phase I ESA will be based on caution and conservatism by an experienced professional. Environmental regulations are continually changing, and a site determined to be uncontaminated based on current regulations and/or technical standards could be considered a contaminated site in the future based on new or amended regulations or standards. FNI shall render the following professional services in connection with completion of the Phase I ESA: L:\Resources\cbs\D\Denton\Mayhill Road\1 0- 12- 10 Exhibit A-6 a) Historical Land Use Review - Perform an investigation into prior ownership and past land uses on the subject property. FNI will attempt to identify obvious uses of the subject property from the present back to the property's first developed use, or back to 1940, whichever is earlier. To accomplish this task, FNI will review the following records (if available): G) Interviews with City representatives and property owners/tenants. (ii) Historical aerial photography. (iii) City directory abstracts. (iv) Sanborn fire insurance maps. (v) Recorded environmental easements or liens on the subject property, b) Regulatory Agency Records Review - FNI will review information found in federal and state regulatory records for the subject property, including records related to environmental-related permits, notices-of-violation, and incidents involving use, disposal, or accidental release of hazardous substances, petroleum products, or other waste materials. Local records, if available, related to the subject property will also be reviewed for indications of environmental concern. C) Site Reconnaissance Visit - FNI will perform a site reconnaissance visit to the subject property. Existing environmental conditions will be documented on the site. FNI will look for potential indicators of environmental concerns such as stained soils or other surfaces, stressed vegetation, exposed piping, and evidence of improper use or disposal of regulated substances. FNI will document the condition of each property using photographs. Copies of photographs will be included in the report. d) Report Preparation - Following the completion of Tasks a) through b), a report will be prepared for the subject property documenting our findings. The report will contain a narrative of our findings, recommendations for additional environmental investigations, as needed, and copies of all data obtained relevant to each subject property. The report will contain appropriate maps, figures, and photographs. F. Hydraulic Analysis Services - The drainage design services for this project are broken up into two phases: preliminary and final design. Preliminary design includes a drainage study and alternatives analysis for all cross-drainage associated with the roadway, including bridges and culverts. Final design includes preparations of plans, specifications, and estimates for the hydraulic design of bridges and culverts. Bridge scour analysis will be performed as part of the final design services. 1. Preliminary Phase FNI shall perform hydrologic and hydraulic computations to develop preliminary sizing of the nine (9) cross drainage structures located along the Mayhill Road project alignment. The deliverable of this phase shall be a drainage study to serve as the basis for final design of the drainage structures. As part of this phase, FNI shall perform the following tasks: L:\Resources\cbs\D\Denton\Mayhill Road\1 0-12-10 Exhibit A-7 a) Meetings - FNI shall plan, coordinate, attend, facilitate, and document meetings, as required, to discuss and coordinate various aspects of the project. Up to three (3) meetings are anticipated as part of the preliminary phase: (i) One (1) drainage study kickoff meeting with Owner staff to discuss the drainage study (ii) One (1) drainage study interim review meeting to discuss interim results and select alternatives for bridge and culvert design sizes. (iii) One (1) drainage study final meeting to present results of drainage study. b) Data Collection - In addition to data provided by Owner, FNI will research and obtain pertinent information necessary for drainage study including the following: (i) Perform a site visit to verify location and condition of existing drainage structures and observe local drainage patterns of the project alignment. (ii) Obtain effective hydrologic and hydraulic models from FEMA and Owner for Pecan Creek, Cooper Creek, and PEC-5 adjacent to the project alignment. (iii) Existing drainage masterplans and hydraulic models as available from the Owner. (iv) USDA soils information, land use maps, and other GIS data necessary for hydrologic computations. (v) Digital aerial topographic and photographic information, latest edition available. (vi) Coordinate with Surveyor to obtain final layout of surveyed cross- sections for hydraulic modeling. C) Hydrology and Hydraulics - FNI shall develop existing and proposed conditions hydrologic and hydraulic models of the existing conditions drainage structures, as needed. FNI will utilize existing hydrologic studies for fully developed watershed conditions as available and applicable. The following cross drainage structures along the project alignment are anticipated for design (stationing referenced to preliminary Schematic developed by FNI): Bridge crossings of PEC-5, Pecan Creek, and Cooper Creek and culvert crossings near Stations 90+00, 100+00, 185+00, 191+00, and 212+00. (i) All calculations shall follow at a minimum the standards and procedures as outlined in the Denton Drainage Criteria Manual dated February 2002. (ii) Roadway geometry including horizontal and vertical alignment will be based on schematic developed by FNI. (iii) Create fully developed hydrology models based on the current City of Denton land use projections using HEC-HMS for drainage areas greater than 200 acres. Peak discharges for drainage areas less than 200 acres will be calculated using the Rational Method. L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-8 (iv) Create existing conditions hydraulic models using HEC-RAS and Culvertmaster for existing culvert and bridge crossings along the project alignment. (v) Create proposed conditions hydraulic models for bridges at PEC-5, Pecan Creek, and Cooper Creek. Up to three (3) alternative configurations for each bridge will be modeled. The initial goal of the bridge configurations will be to develop no-rise, 100-year bridges, for fully urbanized watershed. Other alternatives will be investigated as necessary to meet other design or budgetary constraints. (vi) Create proposed conditions hydraulic models for six (6) culverts. Up to two (2) alternative configurations for each culvert will be modeled. (vii) Conceptual OPCC - Determine concept level (order of magnitude) probable construction cost for each alternative considered. The OPCC is to be utilized as a tool in selecting proposed size and design alternatives for final design. d) Drainage Study Report - Document results of drainage study in bound report. The drainage study will serve as basis for final design of bridges and culverts. (i) Provide four (4) bound copies of draft report to the Owner for review. Electronic copy (PDF) of report and digital models will also be submitted. (ii) Incorporate Owner comments into final report and provide four (4) bound copies of final report to the Owner for review. Electronic copy (PDF) of report and digital models will also be submitted. 2. Preparation of CLOMRs for bridges at PEC-5 and Cooper Creek. (1) Submit two (2) copies of Draft CLOMR to Owner for review. (2) Incorporate comments and submit CLOMR to FEMA. (3) Coordinate with FEMA as necessary to acquire approval of CLOMRs. 3. Preparation of LOMRs for bridges at PEC-5, Pecan Creek and Cooper Creek. This phase shall include the preparation of three (3) LOMRs to FEMA for 5 stream crossings: PEC-5, the unnamed tributary to Pecan Creek, Pecan Creek, the unnamed tributary to Cooper Creek, and Cooper Creek. If FEMA requests individual LOMR for each stream, the additional 2 LOMR submittals shall be considered Additional Services. Review fees of any kind from city, state, federal or other sources will be paid by the Owner and are not included in this proposal. This scope assumes that the project is constructed to match the CLOMR and final construction plans, so if substantial changes occur during construction, additional services could be required to achieve the original intent of the CLOMR. 1. As-Built Survey - Upon construction completion of the project, necessary field surveys will be completed for as-built hydraulic model verification. L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-9 2. Hydraulic Models - Final hydraulic models will be prepared for each stream crossing based on the as-built field survey. LOMR Report and FEMA Submittal - Prepare two (2) draft copies of each FEMA submittal for review by Owner, address Owner comments, and submit one (1) final copy to FEMA and one (1) final copy to Owner for each LOMR. Coordinate with FEMA as necessary to acquire approval of LOMRs. G. Public Involvement 1. FNI shall provide the following Public Involvement services: a) FNI will prepare a project web site that may be accessed through the City of Denton website. The site will include information about the project, project schedule, and comment area. Content will be discussed with the City PM prior to posting. b) FNI will attend up to three (3) public meetings at the concept, design and construction phases of the project. FNI will provide project exhibits and prepare presentations for each meeting. This scope assumes that the Owner will pay for advertising and mailings associated with each public meeting. H. Roadway Illumination 1. The Roadway Illumination design will be in accordance with the IES, American National Standard Practice for Roadway Lighting and TxDOT Highway Illumination Manual. The electrical distribution for the Roadway Illumination will comply with the National Electrical Code and local ordinances. The design will consist of the following tasks: a) FNI will coordinate with the Owner the exact manufacturer and model number for poles used for fixtures for the project design area. Information shall include pole manufacturer, style, height and color. Once a fixture and pole is selected, a computer model will be developed. b) Develop an illumination computer model of the project area to determine the spacing of lights. The roadway will be illuminated to the level of 0.6 to 0.9 foot- candles with approximately a 3:1 ratio. The illumination levels at lanes requiring a vehicle to stop will be steadily increased from 0.9 foot-candles to 3.0 foot- candles approaching the stop. C) The electrical distribution system will be designed to connect into the Electrical Utility Distribution System via an Electric Utility Company provided transformer. FNI will have a minimum of one site visit and a maximum of two site visits with the local Electric Utility Company for connection to the Electrical Utility Distribution System. The electrical distribution system will be designed using TxDOT Electrical Service Center details, unless specifically requested otherwise by the Owner. One electrical service and distribution system will be designed for the lighting system for this contract. L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-10 d) Prepare illumination construction drawings including pole and conductor layout, electric service data, and details. SPECIAL SERVICES (CONSTRUCTION PHASE): General Representation 1. Attend one (1) pre-construction meeting per bid project to discuss the project schedule for construction. 2. FNI design team staff will make (24) visits to the site to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the construction contract documents. It is anticipated that these will be monthly site visits. In this effort FNI will endeavor to protect the Owner against defects and deficiencies in the work of Contractor and will report any observed deficiencies to the Owner. 3. Review Contractor shop drawings and other project related submittals. Notify the Contractor of non-conforming work observed during site visits. Review quality related documents provided by the Contractor such as test reports, equipment installation reports or other documentation required by the construction contract documents. 4. Interpret the drawings and specifications for the Owner and Contractor. Investigations, analyses, and studies requested by the Contractor and approved by the Owner, for substitutions of equipment and/or materials or deviations from the drawings and specifications are an additional service. 5. Prepare documentation for contract modifications required to implement modifications in the design of the project. Receive and evaluate notices of Contractor claims and make recommendations to the Owner on the merit and value of the claim on the basis of information submitted by the Contractor or available in project documentation. 6. Revise the construction drawings in accordance with the information furnished by Contractor reflecting changes in the project made during construction. One (1) set of mylar reproducible prints of "Record Drawings" and electronic files shall be provided by FNI to the Owner for each set of construction drawings. Resident Representation The Scope of Services for Full Time Resident Representation services includes (1) one full time inspector (based on 40 hours per week) for construction duration up to 30 months. L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-i1 A. FNI will have a Resident Project Representative on the Site. The duties, responsibilities and the limitations of authority of the Resident Project Representative, and designated assistants, are as follows: 1. Resident Project Representative is FNI's agent at the site, will act as directed by and under the supervision of FNI, and will confer with FNI regarding Resident Project Representative's actions. Resident Project Representative's dealings in matters pertaining to the on-site Work shall in general be with FNI and contractor, keeping Owner advised as necessary. Resident Project Representative's dealings with subcontractors shall only be through or with full knowledge and approval of contractor. Resident Project Representative shall generally communicate with Owner with the knowledge of and under the direction of FNI. B. Duties and Responsibilities of Resident Project Representative: 1. Schedules: Review the progress schedule, schedule of shop drawing submittals and schedules of values prepared by contractor and consult with FNI concerning acceptability. 2. Conferences and Meetings: Attend meetings with contractor, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 3. Liaison: a. Serve as FNI's liaison with contractor, working principally through contractor's superintendent and assist in understanding the intent of Contract Documents; and assist FNI in serving as Owner's liaison with contractor when contractor's operations affect Owner's on-site operations. b. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 4. Shop Drawings and Samples: a. Record date of receipt of shop drawings and samples. b. Receive samples which are furnished at the site by contractor, and notify FNI of availability of samples for examination. c. Advise FNI and contractor of the commencement of any Work requiring a shop drawing or sample if the submittal has not been approved by FNI. 5. Review of Work, Rejection of Defective Work, Inspections and Tests: a. Conduct on-site observations of the Work in progress to determine if the Work is in general proceeding in accordance with the Contract Documents. Exhibit A L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 -12 b. Report to FNI whenever Resident Project Representative believes that any Work will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise FNI of Work the Resident Project Representative believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to FNI. 6. Interpretation of Contract Documents: Report to FNI when clarifications and interpretations of the Contract Documents are needed and transmit to contractor clarifications and interpretations as issued by FNI. 7. Request for Revisions: Consider and evaluate contractor's suggestions for revisions to Drawings or Specifications and report with Resident Project Representative's recommendations to FNI. Transmit to contractor in writing decisions as issued by FNI. Records: a. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and Samples, reproductions of original Contract Documents, including all Work Change Directives, Addenda, Change Orders, Field Orders, Written Amendments, additional Drawings issued subsequent to the execution of the Contract, FNI's clarifications and interpretations of the Contract Documents, progress reports, submittals and correspondence received from and delivered to contractor and other Project related documents. 9. Reports: a. Furnish to FNI periodic reports as required of progress of the work and of contractor's compliance with the progress schedule and schedule of Shop Drawings and Sample submittals. b. Consult with FNI in advance of scheduled major tests, inspections or start of important phases of the Work. Draft proposed Written Amendments, Change Orders and Work Change Directives, obtaining backup material from contractor and recommend to FNI Written Amendments, Change Orders, Work Change Directives, and Field Orders. d. Report immediately to FNI and Owner the occurrence of any accident. L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-13 10, Payment Requests: Review Applications for Payment with contractor for compliance with the established procedure for their submission and forward with recommendations to Owner, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment at the Site but not incorporated in the Work. 11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by contractor' are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to FNI for review and forwarding to Owner prior to final payment for the Work. 12. Completion: a. Before FNI issues a Certificate of Substantial Completion, submit to contractor a list of observed items requiring completion or correction. b. Observe whether contractor has performed inspections required by laws or regulations, ordinances, codes or order applicable to the Work, including but not limited to those to be performed by public agencies having jurisdiction over the Work. C. Conduct a final inspection in the company of FNI, Owner and contractor and prepare a final list of items to be completed or corrected. d. Observe whether all items on final list have been completed or corrected and make recommendations to FNI concerning acceptance. C. Limitations of Authority of Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or-equal" items), unless authorized by FNI. 2. Shall not exceed limitations of FNI's authority as set forth in Agreement or the Contract Documents. 3. Shall not undertake any of the responsibilities of contractor, subcontractor, suppliers, or contractor's superintendent. 4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-14 5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work or any activities or operations of Owner or contractor. 6. Shall not accept shop drawing or sample submittals from anyone other than the contractor. 7. Shall not participate in specialized field or laboratory tests or inspections conducted by others, except as specifically authorized by FNI. SPECIAL SERVICES (SUB CONSULTANT): A. Boundary and Topographic Surveying (Arthur Surveying) 1. Establish horizontal and vertical control for the project from existing TxDOT control monuments. Establish adequate control points and benchmarks for construction of the project. Cross-tie all survey control to City of Denton benchmarks. 2. Provide a topographic survey of the project. The topographic survey shall extend the entire length of Mayhill Road from IH-35E to 400' north of US 380. The survey corridor shall be 200' wide, extending 100' on each side of the proposed roadway centerline, and shall extend a minimum of 200' along all intersecting streets. The survey shall consist of roadway cross sections taken at 50' intervals, locating all existing features such as water valves (including top of nut elevation), curb & gutter, asphalt, driveways, culverts, headwalls, mailboxes, geotechnical boring locations, sanitary and storm sewer manholes (including invert elevations with flowlines, sizes and material types), trees with 6" or greater diameter at 4' height, tops and toes of slopes, visible utilities, utilities marked by others, power poles, telephone risers, and all other visible features. 3. Provide additional topographic surveying at five creek crossings for hydraulic modeling. The limits of the survey will extend 500' upstream and downstream from the existing crossings. Trees will not be surveyed in these areas. B. Preparation of ROW and Easement Documents (Arthur Surveying) 1. Prepare metes and bounds for right-of-way and easement acquisitions. This scope includes up to 80 ROW documents, 80 temporary easement documents and 10 permanent easement documents. C. Subsurface Utility Engineering (Gorrondona and Associates) SUE work required for this project will be conducted in general accordance with the recommended practices and procedures described in ASCE Publication CUASCE 38-02 (Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data). The quality levels used on this project are as follows: L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-15 • Quality Level B - Two-dimensional (x,y) information obtained through the application and interpretation of non-destructive surface geophysical methods. Also known as "designating" this quality level provides the approximate horizontal position of subsurface utilities within approximately one foot. • Quality Level A - Also known as "locating", this quality level provides precise three dimensional (x,y,z) information at critical locations by exposing specific utilities. Non-destructive vacuum excavation equipment is used to expose the utilities at specific points which are then tied down by survey. 1. Perform Quality Level B SUE for the entire project. A total of 45,000 feet of underground facilities, consisting of natural gas and petroleum pipelines is expected within the work limits. Water and sewer utilities will be located based on City record drawings. Telephone and communication line are not included in this scope and will be located based on records provided by the utility companies and above ground features identified in topographic survey. 2. In areas of potential conflict with the roadway, drainage and utility design, a Level A SUE will be conducted to determine the horizontal and vertical positions of the lines. A total of 50 test holes are anticipated for this project. D. Geotechnical Engineering and Pavement Design (HVJ Associates) 1. Obtain a total of 58 borings. Eight borings will be drilled on existing pavement to a depth of 10 feet after measuring existing pavement thickness. Forty-two borings will be drilled to a depth of 10 feet below the existing ground surface at locations either on pavement or outside the pavement area depending on utility clearance. Eight borings will be drilled for bridge foundation design to a depth of 20 feet into rock. The rock is estimated to be at approximately 40 feet deep; therefore the estimated depth of these borings is 60 feet. 2. The borings will be sampled continuously to a depth of 10 feet, and at 5-foot intervals thereafter, to determine site stratigraphy and to obtain samples for laboratory testing. All field and laboratory tests will be performed according to ASTM standards, where applicable, or with other well-established procedures. The tests will include natural moisture contents, Atterberg Limits, percent passing the No. 200 sieve, grain-size analysis, sulfates, California bearing ratio, standard proctor, unconfined compression and unit dry weight. 3. Nondestructive Deflection Testing (NDT) with the Falling Weight Deflectometer will be conducted on the existing pavement to better determine the variations in subgrade support for the project limits. The NDT data will be utilized to confirm pavement boring locations for the geotechnical investigation, define the limits of the project represented by each boring, and identify locations for the CBR sampling. 4. Calculate the remaining life of the existing pavement from IH-35E to Colorado St. A brief visual condition assessment will be made of the pavement in this location to identify existing pavement distress to be considered in the evaluation. The deflection testing in these locations will be analyzed to determine the existing in-situ strength of the L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-16 existing concrete pavement section (concrete, base if any, and subgrade) based on the pavement thickness determined from the cores. The number of equivalent 18-kip single axle loads (ESALs) that can be supported by the pavement will then be calculated. 5. Provide pavement thickness designs for a 40-Year Design Life criteria for the following alternatives: two Portland cement (PCC) pavement alternatives based on two base types (hot mix asphalt concrete (HMAC) and cement treated base (CTB), and one HMAC pavement. Because of the length of the project limits, it is assumed that there may be up to two different subgrade types with varying strengths upon which to base these thickness designs. Therefore, the total number of pavement sections assumed to be designed is six. The AASHTO Design and Rehabilitation in Windows System (DARWIN) design program will be used to develop pavement designs. Should additional pavement cross sections be needed for the project, they can be included in the project as an additional service. Traffic counts will be obtained by a separate subconsultant which will provide average annual daily traffic volumes, as well as the vehicle mix. In addition, recommendations provided in Gregory Geotechnical Report No. LR06012-1, dated October 3, 2006 will be incorporated into the design. E. Archaeological Surveying (AR Consultants) 1. Conduct an archaeological evaluation and submit a Request for State Historic Preservation Officer (SHPO) Consultation Form to the Texas Historical Commission (THC). In addition to the information available through online databases, a review of projects conducted by AR Consultants (ARC) and other contract archaeological firms in or near the project area as well as information that may not be available from Texas Archeological Studies Association (TASA) but will be available from the University of North Texas will be synthesized in the evaluation. Additionally, an employee of ARC will visit the project area to take photographs and conduct a windshield survey of the study area. A letter report is to be provided to the Owner that presents the findings of the research and recommendations regarding the archaeological potential for the project and how to proceed. Once the Owner comments on the letter report, ARC will submit a letter report to the THC for their 30-day review period. The evaluation will include a database search of the following resources: Texas Archaeological Site Atlas, historic maps, USGS maps, aerial photographs, geological maps, county soil surveys, Denton County Appraisal District. 2. If a survey is required, secure an archaeological survey permit from the Texas Historical Commission (THC). This will require obtaining the signature of an official with the City of Denton. 3. Conduct a comprehensive cultural resources pedestrian survey of the proposed roadway. Besides the systematic survey of the proposed route, it is assumed that 75 or more shovel tests will be excavated in order to meet the guidelines for pedestrian surveys published by the Texas Historical Commission. Each shovel test will be 30 cm in diameter and will be excavated in 10 cm levels. Soil from the shovel tests will be passed through 1/a" mesh shaker screens. If the clay content of the sample is too high, the soils will be manually broken and inspected. L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-17 Due to the depth that the roadway will be excavated and the shallow depth of the A- horizon above the pre-Holocene sediments that are described by the Soil Conservation Service, it is not expected that mechanical trenching will be necessary. 4. Site boundaries, i.e. the limits of any archaeological sites or structures that are recognized during survey and testing will be defined on the horizontal plane and deposit depth will also be defined as necessary. 5. Perform detailed artifact analysis if artifacts are recovered and then prepare a draft technical report. 6. Records and artifacts will be prepared for curation at the Texas Archeological Research Laboratory (TARL) at The University of Texas. The cost of records curation is included in the proposed cost, but if artifacts are recovered, their preparation for curation and the cost of perpetual curation will be negotiated with TARL and will be an additional services item. 7. The draft written report will be submitted to the Owner. After comments have been addressed, it will be submitted to the THC and Corps of Engineers (COE) for review and comment. The report will meet the standards for cultural resource reports prepared by the Council of Texas Archeologists (n.d.) and adopted by the THC. The THC will serve at the official reviewer for the COE, but a copy of the draft report and cover letter will be submitted to the COE for their review. 8. Revisions of the draft report will be prepared after it has been reviewed and review comments have been addressed. Once a final draft has been prepared, it will be resubmitted to the Owner for review and then again to the THC and COE. 9. Curation of records and artifacts will be completed in order to satisfy the permit requirements. 10. The final technical report will be printed and the necessary copies submitted to the Owner, the COE, and the THC; One copy of the final report and an archival quality CD will be submitted to the THC as required by the permit and five copies of the final technical report and an archival quality CD with the report will delivered to the Owner. F. Right-of-Way Services (Stateside Right-of-Way Services, Inc.) 1. Pre-Acquisition Services: a) Hire a title company to provide preliminary ownership and easement information. b) Work with surveyor in development of right of way maps and legal descriptions of needed property rights. C) Provide detailed right of way cost estimates on a parcel by parcel basis. d) Assist in preparing and obtaining any Rights of Entry necessary for surveying, geotechnical investigations and environmental services. L:\Resources\cbs\D\Denton\Mayhill Road\1 0- 12-10 Exhibit A-18 2. Title Services: a) Review preliminary title commitment or preliminary title search information provided by the title company. b) Secure title commitments and updates in accordance with insurance rules and requirements for parcel payment submissions. c) Secure title insurance for all parcels acquired, insuring acceptable title in the name of the City of Denton. Written approval by the City of Denton will be required for any exceptions to coverage. d) Attend closings and provide closing services in conjunction with Title Company. e) Record all original instruments immediately after closing at the respective County Clerk's Office 3. Initial Appraisal: a) Appraiser must be approved by the City of Denton. b) Secure written permission from the owner to enter the property from which land is to be acquired. If Agent, after diligent effort, is unable to secure the necessary letter of permission from the property owner, a waiver must be obtained, in writing from the City of Denton. Maintain permission letters with appraisal reports. c) Prepare and conduct personal pre-appraisal contact with interest owner(s) for each parcel. d) Contact property owners or their designated representative to offer opportunity to accompany the appraiser on the appraiser's inspection of subject property. Maintain record of contact in file. e) Prepare complete appraisal report for each parcel to be acquired utilizing a format approved by the City of Denton. These reports shall conform to the City of Denton policies and procedures along with the Uniform Standards of Professional Appraisal Practice, f) As necessary, prepare written notification to the City of Denton of any environmental concerns within the needed right of way to be acquired which could require remediation. g) All completed appraisals will be administratively reviewed and approved by the City of Denton. h) As necessary, the appraiser will appear and or testify as an Expert Witness in eminent domain proceedings and be available for pre-hearing or pre-trial meetings as directed by the City of Denton. 4. Right of Entry: a) Prepare Right of Entry packets to include Landowner Bill of Rights, maps and paperwork to be executed. L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-19 b) Mail merge ROE letters and labels for envelopes and file folders. The agents with prepare and stuff envelopes for out of town owners or owners who have indicated that they want to receive all of their initial information via mail. C) The agent will initiate negotiator and contact logs and attend landowner meetings for ROE documents. The agent will research additional contact information for nonresponsive landowners. 5. Negotiation Services: a) Analyze appraisal reports and confirm approved value prior to making offer for each parcel. b) Analyze preliminary title report to determine potential title problems and propose methods to cure title deficiencies. C) Prepare the initial offer letter and any other documents required or requested by the City of Denton in a form acceptable to the City of Denton, d) Contact each property owner or owner's designated representative and present the written offer in person where practical. When owners do not wish to have offers delivered in person, they will be mailed via certified mail with return receipt for documentation of delivery/receipt. Maintain follow-up contacts and secure the necessary instruments upon acceptance of the offer for the closing. e) Provide a copy of the appraisal report for the subject property exclusively to the property owner or authorized representative at the time of the offer. Maintain original signed Receipt of Appraisal. f) Respond to property owner inquiries verbally and/or in writing within two business days. g) Prepare a separate negotiator contact report for each parcel file for each contact. h) Maintain parcel files of original documentation related to the purchase of the real property or property interests. i) Present counteroffers in a form as directed by the City of Denton. Transmit any written counteroffer from property owners including supporting documentation, and Agent's recommendation with regard to the counteroffer, j) Prepare final offer letter as necessary. k) Appear and provide Expert Witness testimony when requested. 6. Relocation Services: a) Notify all property owners and potential displacees of eligibility for relocation assistance and provide them with a Relocation Assistance Brochure at time of initial contact. If possible, advise displacee of preliminary relocation benefits at this time. b) Contact and provide relocation assistance to property owners and tenants affected by acquisition of right of way. L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-20 C) For residential relocations; locate, evaluate, and maintain files on comparable available housing. d) Calculate replacement housing supplement benefits. e) Compute and submit request for relocation housing/rental supplement to the City of Denton along with supporting documentation. f) Provide 90-day notice to vacate simultaneously with the delivery of the relocation benefits package. g) Sixty days later or upon acquisition of the parcel, whichever occurs later, issue a 30 day letter. h) Notify the City of Denton immediately if displacee does not move after 30-day notice expires. i) Perform a decent, safe, and sanitary inspection of the replacement housing in accordance with the City of Denton. j) Prepare moving plan with appropriate photos and sketches along with inventory of personal property to be moved for non-residential moves. k) Request moving estimates from moving companies as needed. 1) Coordinate moves with displaced homeowners, business owners, and tenants and with moving companies in accordance with the City of Denton procedures. m) Maintain relocation contact logs. n) Attend closings on replacement property if requested by any party involved, and assure supplemental payment is properly distributed. o) Process and compute increased interest payments as required, p) Relocation agent shall be available for any appeals or hearings. q) Prepare all relocation payment claim submissions for all displacees on parcel. r) Deliver payments in accordance with the City of Denton guidelines. 7. Condemnation Support: a) Pre-Hearing Support (i) Upon receipt of a copy of the final offer, request an updated title commitment for Eminent Domain from the Title Company. (ii) Prepare a condemnation package as directed by the City of Denton and deliver the package to the City of Denton's designee or legal counsel. (iii) Upon notification from the City of Denton request the update of appraisal. (iv) Upon receipt of condemnation packet documents prepared by Counsel for the City of Denton, Agent will file the original petition with the County Court at Law or other appropriate Court for a cause number to be assigned. L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-21 (v) File the Lis Pendens including the cause number with the County Clerk's Office. (vi) Upon assignment of a court, file the Order Appointing Commissioners with the judge retaining a copy of the Order for the files. (vii) Following appointment of Commissioners by the judge, secure the following documents: Oath of Commissioners signed by the Commissioners, Order Setting Hearing, and 2 copies of the Notice of Hearing signed by the Commissioners. (viii) File all originals with the court and send copies marked "copy" to Counsel for the City of Denton. (ix) Send a copy of the petition to the Title Company so that they can assure all required parties were joined and that no changes in title have occurred. (x) Set the Commissioners Hearing after the updated appraisal has been submitted, if there is no change in value. If there is an increase in value,_ upon approval by City of Denton make a revised final offer and submit a copy of the revised final offer letter. (xi) Reserve a room for the hearing. (xii) Coordinate the hearing date with Counsel for the City of Denton, the Appraiser, the Engineering witness, the three Special Commissioners, the court reporter and any other parties designated by the City of Denton. (xiii) Coordinate a pre-hearing conference if required by Counsel for the City of Denton. (xiv) After the hearing is set, serve Notices of Hearing to the indicated parties at least 11 days prior to the Commissioner's hearing. If it is necessary to join the Federal Government, be advised that they must be served not later than 60 days prior to the date of the hearing. (xv) Once the notices have been served, file the original notices with the court and send copies stamped "copy" to Counsel for the City of Denton. (xvi) Send a reminder letter to all parties. b) Post-Hearing Support. (i) Obtain the signatures of Commissioners and file with the court for the judge's signatures within two days the Hearing. (ii) Obtain and distribute to Counsel for the City of Denton certified copies of the award. (iii) File payment of the award in the registry of the court. File a Notice of Deposit with the court and send certified copies to each defendant notifying them of the date of the deposit. The Date of Deposit is the Date of Take. (iv) Take photographs of the interest to be acquired on the day of deposit. L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-22 (v) Send written notices of the date of deposit to all interested parties. (vi) Appear as Expert Witness as requested. 8. Project Administration a) Maintain current status reports of all parcel and project activities and provide monthly or as requested to FNI and the City of Denton. b) Participate in project review meetings as determined by FNI and the City of Denton. C) Provide copies of all incoming and outgoing correspondence as generated if requested. d) Maintain copies of all correspondence and contacts with property owners. ARTICLE II ADDITIONAL SERVICES: Additional Services to be performed by FNI, if specifically authorized in writing by Owner, which are not included in the above-described Basic and Special Services, are described as follows: A. Phase II Environmental Site Assessment services in accordance with ASTM standards to identify and investigate the nature and extent of potential environmental contamination. B. Preparation of CLOMR for Pecan Creek. C. Tree survey to comply with City of Denton tree protection ordinance. D. Prepare an application to the USACE for an individual 404 permit. E. Prepare a detailed compensatory mitigation plan in accordance with the USACE and U.S. Environmental Protection Agency Mitigation Rule to address mitigation for impacts to waters of the U.S. F. Field layouts or the furnishing of construction line and grade surveys. G. Legal services for eminent domain hearings. H. Historical structure survey for any structure that is within the proposal right-of-way that is 50+ years old will be considered an additional service. 1. If buried features or structures are located, it may be necessary to conduct formal National Register of Historic Places testing to satisfy the THC. The costs of in-depth NRHP testing or mitigation excavation will be considered an additional service. J. Construction Materials Testing. K. Documenting and Recording Historic Structures. L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-23 L. GIS mapping services or assistance with these services. M. Providing additional 31) renderings or revisions to existing 3D renderings of the project design. N. Making revisions to drawings, specifications or other documents when such revisions are 1) not consistent with approvals or instructions previously given by Owner or 2) due to other causes not solely within the control of FNI. O. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. P. Preparing data and reports for assistance to Owner in preparation for hearings before regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator unless such litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings or hearings are caused by actions or negligence of FNI or one of its subconsultants.. Q. Assisting Owner in preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with contractor(s) unless such litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with contractor(s) are caused by actions or negligence of FNI or one of its subconsultants. R. Assisting Owner in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT unless such litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with contractor(s) are caused by actions or negligence of FNI or one of its subconsultants. Such services, if any, shall be furnished by FNI on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. S. Performing investigations, studies, and analysis of work proposed by construction contractors to correct defective construction work. T. Design, contract modifications, studies or analyses required to comply with local, State, Federal or other regulatory agencies that become effective after the date of this agreement. U. Services required to resolve bid protests or to rebid the project for any reason, unless such rebid is directly caused by actions or negligence of the engineering professional. V. Visits to the site in excess of the number of trips included in Article I for periodic site visits, coordination meetings, or contract completion activities. W. Any services required as a result of default of the contractor(s) or the failure, for any reason, of the contractor(s) to complete the work within the contract time. L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-24 X. Providing services after the completion of the construction phase not specifically listed in Article I. Y. Providing basic or additional services on an accelerated time schedule. The scope of this service includes the cost for overtime wages of employees and consultants, inefficiencies in work sequence and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the Owner. Z. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form. AA. Providing services to review or evaluate construction contractor(s) claim(s), provided said claims are supported by causes not within the control of FNI. BB. Providing value engineering studies or reviews of cost savings proposed by construction contractors after bids have been submitted. CC. Provide follow-up professional services during contractor's warranty period. ARTICLE III TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this AGREEMENT and agrees to complete the services in accordance with the following schedule: (See attached schedule) If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule consistent with the number of days of delay. These delays may include but are not limited to delays in Owner or regulatory reviews, delays on the flow of information to be provided to FNI, governmental approvals, etc. If the project is placed on hold by the Owner for more than six months, FNI reserves the right to negotiate additional compensation for additional services related to the delay. ARTICLE W RESPONSIBILITIES OF OWNER: Owner shall perform the following in a timely manner so as not to delay the services of FNI: A. Designate in writing a person to act as Owner's representative with respect to the services to be rendered under this AGREEMENT. Such person shall have contract authority to transmit instructions, receive information, interpret and define Owner's policies and decisions with respect to FNI's services for the Project. B. Provide all criteria and full information as to Owner's requirements for the Project, including project objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which Owner will require to be included in the plan. L:\Resources\cbs\D\Denton\Mayliill Road\10-12-10 Exhibit A-25 C. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports, GIS mapping and data, and any other data relative to completion of the Project. D. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI, obtain advice of other consultants as Owner deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of FNI. E. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. F. Attend and take leadership role in project progress meetings and other project related meetings and attend and moderate the public meetings. G. Give notice to FNI whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of FNI's services, or any defect or nonconformance of the work of any contractor. H. Contact other departments within the City of Denton and coordinate with them to obtain record drawings of other utilities, buildings, or infrastructure as needed. 1. Furnish, or direct FNI to provide, Additional Services as stipulated in Exhibit A, Article II of this AGREEMENT or other services as required. J. Bear all costs incident to compliance with the requirements of this Article IV. L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-26 A R TTCT F. V DESIGNATED REPRESENTATIVES: FNI and Owner designate the following representatives: Owner's Designated Representative - Owner's Accounting Representative - FNI's Project Manager - FNI's Accounting Representative - Frank G. Payne, P.E. 901-A Texas Street Denton, Texas 76209 Phone: 940-349-8946 Fax: 940-349-8951 Email: frank.payne@cityofdenton.com Annie Bunger 901-A Texas Street Denton, Texas 76209 Phone: 940-349-8463 Fax: 940-349-8951 Email: annie.bun eg rC cityofdenton.com Chris Bosco, P.E. 4055 International Plaza, Suite 200 Fort Worth, Texas 76109 Phone: 817-735-7359 Fax: 817-735-7491 Email: cb@freese.com Patti Allen 4055 International Plaza, Suite 200 Fort Worth, Texas 76109 Phone: 817-735-7366 Fax: 817-735-7491 Email: pla@freese.com L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 Exhibit A-27 ATTACHMENT CO COMPENSATION A. Basic and As Authorized Services: Compensation to FNI for Basic and Special Services in Attachment A shall be the lump sum of Two Million Three Hundred Seventeen Thousand Seven Hundred Eighty Dollars ($2,317,780) and a cost plus not to exceed sum of Two Million One Hundred Eighty Three Thousand Seven Hundred Fifty Dollars ($2,183,750) for a total fee of Four Million Five Hundred One Thousand Five Hundred Thirty Dollars ($4,501,530). If FNI sees the Scope of Services changing so that Additional Services are needed, including but not limited to those services described as Additional Services in Attachment A, FNI will notify Owner for Owner's approval before proceeding. Additional Services shall be computed based on the Schedule of Charges. B. Schedule of Charges for Additional Work: FNI Staff Member Salary Cost Times Multiplier of 2.14 Salary Cost is defined as the cost of salaries (including sick leave, vacation, and holiday pay applicable thereto) plus unemployment and payroll taxes and contributions for social security, employment compensation insurance, retirement benefits, medical and other insurance, and other miscellaneous benefits. Other Direct Expenses Actual Cost Times Multiplier of 1.10 Other direct expenses shall include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from Dallas and other miscellaneous expenses directly related to the work, including costs of other work required to be done by independent persons other than staff members. Rates for In-house Services Printing Black and White Plotter Bond $ 2.50 per plot Special $ 5.00 per plot L:\Resources\cbs\D\Denton\Mayhill Road\10-12-10 $0.10 per copy Color $0.50 per copy Binding $5.75 per book FNI CO-1 OWNER r\I■ ■o!\2T CRP71D1 1 3 ATi b!jl-YI f MAYHILL RD. v 3,ow 6,o' N UNIVERSITY TO IH35E MOW AGENDA INFORMATION SHEET AGENDA DATE: October 19, 2010 DEPARTMENT: City Manager's Office CM: George Campbell, City Manager SUBJECT Consider nominations/appointments to the City's Boards and Commissions. BACKGROUND Mayor Pro Tem Kamp has indicated that she has a nomination for the Zoning Board of Adjustment. This nomination could be voted on at this meeting with the provision that the nominee meets all qualifications. As a reminder, I have attached a listing of outstanding nominations. These vacancies will not be posted on an agenda until a council member indicates that he/she has a nomination. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary BOARD AND COMMISSION NOMINATIONS Board Council Member Nomination Community Development Advisory Cmte. Watts Health and Building Standards Cmsn. All - Alternate Human Services Advisory Cmte. Heggins Gregory Watts All Public Art Committee Kin Zoning Board of Adjustment Kamp All - Alternate AGENDA INFORMATION SHEET AGENDA DATE: October 19, 2010 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT - PDAI0-0001 (Gardens of Denton) Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Ordinances 86-173 and Ordinance No. 98-324 to amend the boundaries, concept plan and conditions associated with roughly 235.65 acres of land designated as Planned Development 120 (PD-120), located at the southeast corner of the intersection of F.M. 2164/Locust Street and Loop 288, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, defining the applicability of obsolete zoning use standards and designations referenced herein; and providing a severability clause and an effective date. The Planning and Zoning Commission recommends approval of this request with conditions (7-0). BACKGROUND PD-120 was created in 1986 by Ordinance No. 86-173 and provided for single family, multifamily, townhouse, office and retail development on 412.12 acres. The PD ordinance requires specific transportation/roadway improvements when Phases I, II and III are developed. Thus far, only portions of Phase V have been developed, which did not require any transportation/roadway improvements. The applicant is proposing to amend PD 120 by removing the roadway improvements that are required to be completed with Phase II of the PD (See Exhibit 5). These improvements include: 1. Constriction of F.M. 2164 as a 4-lane divided arterial from Loop 288 to Orr Street; 2. Constriction of the intersection of U.S. Highway 77 and F.M. 2164; 3. Constriction of left and right turn lanes located on the south side of the intersection of F.M. 2164 and Loop 288; 4. Constriction of diamond interchanges to provide four-phase operation of F.M. 2164 and Loop 288, including traffic signalization and dual left turn lanes; 5. Constriction of both right and left turn lanes at F.M. 2164 and an internal collector, including traffic signalization. The proposed roadway improvements are as follows (See Exhibit 6): 1. Provide for proportionate signalization cost participation at Loop 288 service roads and Locust Street. 2. Constriction of the Loop 288 collector road. 3. Constriction of Beall Street. 4. Constriction of left and right turn lanes at F.M. 2164 and a private driveway; provide for proportionate signalization cost participation (if signal is permitted by TXDOT). DRC Findings/Recommendation Page 1 of 25 10.'15.'2010 6:29:24 AM Case#: PDA10-0001 5. Constriction of left and right turn lanes at FM 2164 and Beall Street; provide for proportionate signalization cost participation. 6. Constriction of Locust Street to be widened to 4-lane section from Hercules Street to eastbound Loop 288 service road. 7. Any additional traffic improvements required for Tract 2 will be determined by Traffic Impact Analysis (TIA). The applicant is also requesting to amend the masonry standards in the PD to include cement fiberboard as a permitted facade material. The PD currently has 100% masonry requirement for all buildings. The applicant originally proposed to make the masonry requirements meet the 2006 International Building Code which allows stucco and cement fiber board to be an adequate replacement for the brick or stone. Since stucco is already an approved masonry product as noted in Subsection '15. 13. 133.13 of the Denton Development Code, the applicant's request was amended to remove stucco from the proposed amendment. The applicant's overall plan is to make the first level of the apartment complex stone and the upper two levels to be stucco. Additionally, staff is taking this opportunity to update the official map of PD 120 to reflect current boundaries. In 2005 and 2007, a total of 147.8 acres of land were rezoned and removed from the PD (Ord. No. 2005-007 and Ord. No. 2007-150), however the official map of the PD was not amended to reflect these changes. The map shown in Exhibit 4 illustrates the current boundaries of the PD. The applicant has a related application (PD10-0001), which is a request for approval of a detail plan for a 192 unit multifamily development on 11.606 acres located within PD 120. This case will be considered at an upcoming Planning and Zoning Commission meeting. PRIOR ACTION/REVIEW • September 2, 1986, Ord. No. 86-173 - Approval of PD district standards and a concept plan. • October 6, 1998, Ord. No. 98-324 - Approval of an amended concept plan changing the land use factors approved in Ord. No. 86-173 and requiring 100% masonry by used on all exterior building walls, excluding windows and doors. • April 4, 2000, Ord. No. 2000-135 - Approval of the North Pointe subdivision detailed plan for 162.53 acres. • April 4, 2000 - Preliminary plat approval of the North Pointe subdivision. • July 26, 2000 - Final plat approval of North Pointe, Phase 1. • March 12, 2003 - Final plat approval of North Pointe, Phase 2 and Phase 3. • November 4, 2003, Ord. No. 2003-362 - Approval of a revision to the detailed plan for the North Pointe Subdivision, increasing the number of residential lots and realigning Hercules Lane. • January 4, 2005, Ord. No. 2005-007 - Approval of a rezoning of 35 acres from PD 120 to Neighborhood Residential 4 (NR-4) zoning district. • July 17, 2007, Ord. No. 2007-150 - Approval of a rezoning of 112.8 acres from PD 120 to Hills of Denton Master Planned Community. DRC Findings/Recommendation Page 2 of 25 10.'15.'2010 6:29:24 AM Case#: PDA10-0001 OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends APPROVAL of PDA10-0001 with the conditions recommended by the Development Review Committee and revising the masonry condition as follows: A maximum of 40% of the building facade shall consist of stucco only, with the remaining 60% of the facade being constricted of brick and/or stone. (7-0) The Development Review Committee recommends APPROVAL of PDA10-0001, with conditions (See Conditions Below). EXHIBITS 1. Site Location/Aerial Map 2. Zoning Map 3. Original Planned Development Boundary 4. Proposed Planned Development Boundary 5. Approved Roadway Plan 6. Proposed Roadway Plan 7. Letter From Applicant 8. Notification Map 9. Site Photos 10. September 22, 2010 P&Z Minutes 11. Ordinance Prepared by: Cindy Jackson, AICP Planning Supervisor Respectfully submitted: Mark Cunningham, AICP Planning and Development Director DRC Findings/Recommendation Page 3 of 25 10.'15.'2010 6:29:24 AM Case#: PDA10-0001 CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date: September 22, 2010 TYPE: PD amendment CC Date: October 19. 2010 PROJECT PDAIO-0001 Project Number: PDA10-0001 Request: Approval of an amendment to the development and transportation standards and the district boundary of Planned Development 120 (PD-120), a Planned Development zoning district. Applicant/ Property Owner: Wayne Lewis, Andrew Merrick Companies Location: The Planned Development District is located west of F.M. 2164/Locust Street, between Loop 288 and Beall Street and east of Nicosia, approximately 593 feet south of Loop 288. Size: 26432 acres ± Zoning Designation: Planned Development 120 (PD 120) Future Land Use: Community Mixed Use Center and Neighborhood Center Case Planner: Cindy Jackson, AICP DRC Recommendation: The Development Review Committee recommends APPROVAL of PDA10-0001 with conditions. The applicant is proposing to amend Planned Development 120 (PD 120) by removing the roadway improvements that are required to be completed with Phase II of the PD. These improvements include: 1. Constriction of F.M. 2164 as a 4-lane divided arterial from Loop 288 to Orr Street; 2. Constriction of the intersection of U.S. Highway 77 and F.M. 2164; 3. Constriction of left and right turn lanes located on the south side of the intersection of F.M. 2164 and Loop 288; 4. Constriction of diamond interchanges to provide four-phase operation of F.M. 2164 and Loop 288, including traffic signalization and dual left turn lanes; and 5. Constriction of both right and left turn lanes at F.M. 2164 and an internal collector, including traffic signalization. This request also includes a proposed amendment to the masonry standards of the PD, specifically to include cement fiberboard as a permitted masonry facade material. DRC Findings/Recommendation Page 4 of 25 10.'15.'2010 6:29:24 AM Case#: PDA10-0001 Findings of Fact 1. The request is to amend the development and transportation standards of PD 120 on approximately 261.32 acres. 2. Project History. • September 2, 1986, Ord No. 86-173 Approval of PD district standards and a conceptplan. • October 6, 1998, Ord No. 98-324 Approval of an amended concept plan changing the land use factors approved in Ord No. 86-173 and requiring 100% masonry by used on all exterior building walls, excluding windows and doors. • Januarv 4, 2005, Ord No. 2005-007 Approval of a rezoning of 35 acres from PD 120 to Neighborhood Residential 4 (NR-4) zoning district. • July 17, 2007, Ord No. 2007-150 Approval of a rezoning of 112.8 acres from PD 120 to Hills of Denton Master Planned Community. 3. Per Element 3 of the Denton Plan. "Neighborhood Centers" f tture land use areas develop in conventional patterns or may be developed in a pattern of `neighborhood centers'. Neighborhood centers are oriented inwardly, focusing on the center of the neighborhood and containing facilities vital to the day-to-day activity of the neighborhood A neighborhood center might contain a convenience store, small restaurant, personal service shops, church or svnagogue, daycare, individual office space, a small park and perhaps an elementary school. "Community Mixed Use Centers" f tture land use areas may contain the shopping, services, recreation, eluplovluent, and institutional facilltles✓ that are required and supported by the surrounding community. 4. Per Ordinance 86-173, the land uses permitted within PD 120: In accordance with the approved general development concept plan, retail, office multi- family, townhouse and single family uses are permitted in the PD. All uses permitted in the general retail district as noted in Ord. No. 69-1, Article 7, Section H Retail ,Service Type Uses, and the following additional uses: amusement commercial (indoor), theater other than drive-in type, gasoline service station, nelw auto parts sales stores, roller and ice skating rink, and auto laundrv. 5. Existing site conditions: A. Approximately 159.4 acres of PD-120 have been developed with single family residences (North Pointe subdivision) and another 5.293 acres have been developed with a city owned water tower. B. Water is available by connecting to the existing 16" stubout at the southeast corner of the Locust'288 intersection, extending it across Locust via encased bore, then south along Locust to Applicant's south property line. Also, Applicant would be required to extend 12" water to their northwest property corner. City may require that these lines be oversized beyond 12 " in which case City would participate in the corresponding cost difference upon approval rom the Public Utilities Board and the City Council. DRC Findings/Recommendation Page 5 of 25 10 1>'2010 6:29:24 AM Case#: PDA10-0001 C. Seirer is available, by extending either the existing 8 sanitary seiner main at Hercules Street or the existing 12 " Cooper Creek Interceptor seiner main located south of McKamv. Citv instructed Applicant to submit a sanitarv server ,Studv to determine the size of the seller lines and capacity available ✓and 1rhere it is feasible to connect to the City server. Any off-site extension irould be eligible for Pro Rata participation and ( lity may participate in oversizing of this main. Development Review Committee Based upon the information provided by the applicant and a recent site visit, the Development Review Committee finds that with the recommended conditions the request IS CONSISTENT with the surrounding land uses and general character of the area, IS CONSISTENT with the Denton Plan, and IS CONSISTENT with the Denton Development Code. CONDITIONS OF APPROVAL Based upon the findings-of-fact, the Development Review Committee (DRC) recommends APPROVAL of PDA10-0001 with the following Conditions: 1. All original conditions of approval and subsequent modifications associated with PD 120 shall remain valid, unless specified herein. 2. A maximum of 40% of the building facade shall consist of stucco and/or cement fiberboard, with the remaining 60% of the facade being constricted of brick and/or stone. 3. Each development within Phases I, II, and III will be required to constrict the required street improvements in accordance with the following: A. Traffic Impact Analysis: Determination by the City Engineer in accordance with an approved Traffic Impact Analysis. Improvements may include but are not limited to installation of turn lanes, pavement widening, pavement reconstruction, signal constriction, installation of pavement markings, signage or equitable participation in the cost of any of the listed types of improvements. B. The Approved Concept Plan for PD-120: All public streets shown on the approved concept plan for this Planned Development will be required to be constricted in accordance with the COD Development Code Subchapter 20. C. The COD Mobility Plan and Connectivity Component of the Mobility Plan: 1. Whenever existing streets adjacent to or within a tract are of inadequate width, additional right-of-way in accordance with the Transportation Criteria Manual shall be provided at the time of subdivision. All means of access to a subdivision shall be from existing streets fully improved to City standards, and which have the capacity to carry all anticipated traffic from the development in accordance with the Transportation Criteria Manual or an approved Traffic Impact Analysis. DRC Findings/Recommendation Page 6 of 25 10 1>'2010 6:29:24 AM Case#: PDA10-0001 2. New perimeter streets. If an arterial or collector street is proposed by the mobility plan on, near or within the boundary of the development or the development creates the need for a new perimeter street, the development shall provide the portion of the perimeter street including right of way dedication for which it reasonably creates the need, but in no case shall that portion of the street provided be less than a pavement width of twenty-five (25) feet plus required bicycle lane in the case of an arterial. Minimum right of way dedication for new perimeter streets shall be sufficient to provide the required amount of pavement, the required parkway width for the street classification as shown in the Transportation Criteria Manual, and an additional five feet to provide for any sloping needed between the pavement and the property line of the development. All perimeter streets shall be provided with curb and gutter along the side abutting the development. If the perimeter street is ultimately proposed to serve as a divided arterial street and the development is required to install half of the arterial street, then curb and gutter shall be provided on both sides of the perimeter street so as to provide the curb for the future median of the arterial street. 3. Existing perimeter streets. a. Any development on the perimeter of an unimproved perimeter street shall dedicate the right-of-way and improve or reconstruct the street to the same extent as is required for new perimeter streets, unless the perimeter street has already been partially improved, in which case the development shall dedicate the additional right-of-way and make the additional street improvements necessary to complete the perimeter street to the classification required. For the purpose of this subsection, an "unimproved perimeter" street shall mean a perimeter street which does not have curb and gutter or which does not substantially comply with the standards for street constriction listed in the Transportation Criteria Manual or NCTCOG Specifications. b. Where any development would be required by this Code to improve an existing unimproved perimeter street to less than its full width and the City's approved capital improvements plan proposes improvement of the existing perimeter street to City specifications within three (3) years of the date the required improvements are to be undertaken, the development may elect, in lieu of making the required perimeter street improvements, to pay to the City prior to filing the plat the total constriction cost, excluding engineering and design cost, of the required street improvements. The amount to be paid shall be determined by the City Engineer, based on the actual cost of providing for the improvements, as shown in the most recent public bids for the same or similar type street improvements. If the money paid to the City is not used for the required improvements within five (5) years of payment, the funds shall be returned to the person making the payment. In the event that the Plat is not filed until after the City has entered a Contract with a contractor to constrict the subject street improvements, the payment by the development is no longer required. DRC Findings/Recommendation Page 7 of 25 10.'15.'2010 6:29:24 AM Case#: PDA10-0001 4. In accordance with the standards in the Transportation Criteria Manual, and using the connectivity component of the Mobility Plan, the street system for each development shall be connected with existing, proposed and anticipated streets within and outside the development and shall be extended to the property boundary of the subdivision so as to provide for adequate access, and the safe and effective movement and circulation of traffic in accordance with the Mobility Plan. Temporary dead end streets between phases of a subdivision on which there is located a building lot that does not have frontage on any other street shall be developed with a temporary cul-de-sac designed in accordance with the Transportation Criteria Manual which appendix is adopted by reference and included in this Code the same as if set out at length in this section. When streets are extended to the property boundary any resulting dead-end streets may be approved without a temporary turnaround, however shall be provided with signage indicating that the street is intended to be extended in the future when adjacent property develops. When adjacent property develops, extension of the street will be required. GENERAL NOTES XOTE: Approval of this request shall not constitute a iraiver or variance fi^om any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. XOTE: All written comments made in the application and subsequentsubrriissions of'information made during the application review process, wbicb are on file with the Cio) ofDenton, shall be considered to be binding upon the applicant, provided such comments are not at variance with the Denton Plan, Denton Development (-'ode or other development regulations in eff"eet at the time of development. Surrounding Zoning Designations and Current Land Use Activitv: Northwest: Gardens of Denton MPC, undeveloped North: Gardens of Denton MPC, and NR-4 undeveloped Northeast: CM-G, undeveloped West: East: RCC-D, 1 NR-3, NR-6 and CM-G, UNT Discovew Center Single family residences and undeveloped Southwest: South: Southeast: NRMU and NRMU-12, NRMU, NRMU-12 and NR-2, NR-2 and NR-3, undeveloped single family residences, Church multifamily residences, a Knights of Columbus meeting hall and undeveloped land Source: City ofDerrtorr Geogr,aphicallrrforrrratiorr System acrd site visit by City staff Comprehensive Plan: A. Consistency with Goals, Objectives and Strategies: Per the Future Land Use Map of the Denton Plan, the subject property is within two (2) Future Land Use designations. Specifically, the property is in the Neighborhood Centers and the Community Mixed Use Centers Future Land Use designations. Per the Denton Plan: DRC Findings/Recommendation Page 8 of 25 10 1>'2010 6:29:24 AM Case#: PDA10-0001 "Neighborhood Centers" future land use areas develop in conventional patterns or may be developed in a pattern of `neighborhood centers'. Neighborhood centers are oriented inwardly, focusing on the center of the neighborhood and containing facilities vital to the day-to-day activity of the neighborhood. A neighborhood center might contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park and perhaps an elementary school. "Community Mixed Use Centers" future land use areas may contain the shopping, services, recreation, employment, and institutional facilities that are required and supported by the surrounding community. It is staffs determination that the proposed amendments to PD-120 are consistent with the Denton Plan. The proposed amendments do not alter the proposed uses permitted within the PD per Ordinance No. 86-173, which are in compliance with the stated goals, objectives and strategies of the Denton Plan. B. Land use analvsis As previously mentioned, the proposed amendments to PD-120 do not affect the uses permitted within the PD. Water and Wastewater Demand and Capacity: A. Estimated Demand and Service Provider: Subject Property Estimated Im pact Analysis 11.606 f acres (net) Proposed Demand Adequate to Serve (Yes or No) Permitted Density 16.5 dwelling units/ acre (see below) Potable Water Consumption 224 GPM Yes (GPM) Yes, however, required point of connection (and Wastewater 167 GPM resulting offsite extension) Generation (GPM) is not known until City receives Applicant's Study. B. Available Capacity: Water is available by connecting to the existing 16" stubout at the southeast corner of the Locust/288 intersection, extending it across Locust via encased bore, then south along Locust to Applicant's south property line. Also, Applicant would be required to extend 12" water to their northwest property corner. City may require that these lines be oversized beyond 12", in which case City would participate in the corresponding cost difference. DRC Findings/Recommendation Page 9 of 25 10.'15.'2010 6:29:24 AM Case#: PDA10-0001 Sewer is available by extending either the existing 8" sanitary sewer main at Hercules Street or the existing 12" Cooper Creek Interceptor sewer main located south of McKamy. City instructed Applicant to submit a sanitary sewer Study to determine the size of the sewer lines and capacity available and where it is feasible to connect to the City sewer. Any off-site extension would be eligible for Pro Rata participation and City may participate in oversizing of this main. C. CIP Planned Improvements: Currently there is no CIP Water or Sewer Projects planned for this area. DR(' Engineering DR(' ('Ollnventt . Wells (Public/Private): City is not aware of any existing wells within this site. There are no proposed wells associated with this project. DRC Findings/Recommendation Page 10 of 25 10.'15.'2010 6:29:24 AM Case#: PDA10-0001 EXHIBIT 1 Site Location/Aerial Map DRC Findings/Recommendation Page 11 of 25 10.'15.'2010 6:29:24 AM Case#: PDA10-0001 EXHIBIT 2 ML N E- - - - SUFIjeCt Site tai - - -El L J III I -Ell i' L:E Q T s - I I f!Jfd H-11 s _ T ~ITL w - Subject Sit LL , k~ - - 1 y i 1 f s 1I- ~III II - - ~~.IE t I w - L - ,_-LL NR-2 z - - z I ~Il ,ll'lll I~ o IIF . - 'p a r,IF I ~ 1, L 11 ~;S'9 NR 2 NP-2 R ~ w I I I I- I DRC Findings/Recommendation Page 12 of 25 10.'15.'2010 6:29:24 AM Case#: PDA10-0001 EXHIBIT 3 DRC Findings/Recommendation Page 13 of 25 10.'15.'2010 6:29:24 AM Case#: PDA10-0001 EXHIBIT 4 DRC Findings/Recommendation Page 14 of 25 10.'15.'2010 6:29:24 AM Case#: PDA10-0001 EXHIBIT 5 Approved Roadway Plan in 66 V) o u 66 F- 0 Z ui O C LL k^ LU, lJJ 0 LLJ Lu W a CL 0 z LL O 2 F- J LL W Z w ~ 2 z q Q(D g z a 0 Q d a 00 LL Z ~ Lu N 000 0 Ln c. < C14 O2 =O ] 00 00 - I CL w K W . 0 2 V a V] a 7 F- + C K ~ W V 7 C L C C 0 U -j d - Z C _ ~ ( LLJ Z - U'T W F L I A 0 c C u C - u i i C i F F-- ) L ` U 0 N z 66 u K F C DRC Findings/Recommendation Page 15 of 25 10 15^_010 8'9'4 AM Case#: PDA10-0001 EXHIBIT 6 Proposed Roadway Plan W W F- _ 0 C7 2 _ J F- O Q LL C] I- O Q 2 Z z Cr W W "4 C7 4t rJ ~ vy J N C) , "LL W (n W I W 2 W Q. A ❑ LL J C] 2 2 z LL C] W 0 4 O ~ U LLJ ' U W H V) ~CL W u V rl C6 0 W W CO U CZ 2 N v F- J ~ ' W C` r,. ~ z a C- ~ 4 , W C) 0 W c U U_ 00 J.. CL Z N CL' V ~Ij W Q W Ln CL m rW E8 G O a J N H W W o z a O 0 a ~ 0 O in c n r j O L z 2 J O 0 Cd Ld 9- 0 ❑ LL LLj a z LL C( W z u" i W F- z Z i..) C] W -j CL = W L z2 DRC Findings/Recommendation Page 16 of 25 10 15'010 8'9'4 AM Case#: PDA10-0001 EXHIBIT 7 Applicant's Letter To: Planning Department City of Denton 221 N. Elm Street Denton, TM 76201 From. Wayne Lewis, AMC Re: Gardens of Denton Chair, Development Review Committee: Andrew Merrick Construction is proposing to amend' the PD-120 zoning in dace on the 40 acres on the south west corner of loop 288 and N. locust, the physical address 4201 N. Locust. We have a master planned development in place for this area: 360 apartment complex In 2 phases on 20 acres, and the remaining 20 acres create commercial pad sites; for Hotel, Gas Station, Grocery store, and restaurants. We are requesting to amend the PD of the fallowing items that were set in place likely for greater projection of development than has not happened to date in this area. The roads requested to be constructed are not of use or of need for the proposed development. The proposed development poses no added demand on the roads mentioned. Items requesting removal of on COD ordinance 85-173: Improvements required to be completed with Phase It 1) Construction if FM 2164 as a four lane divided arterial from Loop 288 to Carr Street. 2) Construction of US Highway 77 and FM2164 intersection at Carr Street 3) Construction of left turn and right turn lanes at FM2164 and Loop 288 on south side 4) Construction of diamond interchanges to provide four-phase operation of FM 2164 and Loop 288 and provide for traffic signalization at intersection and dual left turn lanes 5) constructions of right and left turn lanes at FM 2164 and internal collector and provide for signalizatlon Figure IV DRC Findings/Recommendation Page 17 of 25 10 1>'2010 6:29:24 AM Case#: PDA10-0001 CONSTRUCTION Additionally the FU currently has 100% masonry for all buildings. We are proposing to make the Masonry requirements meet the i6C2DD6' ; which allows Stucco and Cement fiber board to be an adequate replacement for the Brick or stone. The overall plan is to make the I" level of the apartment complex stone and the following 2 levels to be stucco. On the commercial retail side it would follow suit but Is yet to be fully determined. Wayne Lewis Andrew Merrick Companies, Owner wlewis@andrewmerrick.com 972-419-2545 office DRC Findings/Recommendation Page 18 of 25 10 1>'2010 6:29:24 AM Case#: PDA10-0001 EXHIBIT 8 Notification Map r-1 200 FOOT BUFFER 200 FOOT BUFFED L ~ ~-,Fr r-, ~ SUBJECT SITE J { Widfll -T- 7 h w / 1L1JJ1LW ~ 1 -7w I~ IT- 500 FOOT BUFFER w _ Z ; j Leaend C3 PDA10-0001 C urlasvB tl :NE}T~~I O Feet 0 550 1,100 3,204 3,300 4,440 EN flup~, Public Notification Date: 9/10/10 200' Legal Notices`" sent v=ia Certified Mail: 52 X00' Courtese Notices sent via Regular Mail: 141 Number of responses to 200' Legal Notice ■ In Opposition: 1 0.2% ■ In Fav=or: 2 14% ■ Neutral: 0 DRC Findings/Recommendation Page 19 of 25 10.'15.'2010 6:29:24 AM Case#: PDA10-0001 EXHIBIT 9 Site Photos 5r View from northeast corner of PD looking toward the northwest. r5 ,rtf- #1 r; r k ref ~(T.Jf } r+ .'rf}f-".s ~Yt-'r - f`tM 4 4 .z^rr.f'.ir~Li(~ dt rrr1.I1~`.1,. View from northeast corner of PD looking toward the southwest. DRC Findings/Recommendation Page 20 of 25 10'15^_010 8 '9 '4 AM Case#: PDA10-0001 i~ I y Y . NY y tl 4`p tly I cl i Y1 i~ fill L{ ` Irv R", k 4 Land located between two PD sections DRC Findings/Recommendation Page 21 of 25 10.'15.'2010 62924 AM Case#: PDA10-0001 East of PD, across N. Locust Street 1,4 T 77 View from southwest corner of PD, to the west across Nicosia - - - - t i` ,,z wl t- + 1 ill K - _ J ~ x. ~ a r r y,:r r, View from southwest corner of PD, south along Riney Road DRC Findings/Recommendation Page 22 of 25 10.'15,'2010 6:29:24 AM Case#: PDA10-0001 EXHIBIT 10 September 22, 2010 P&Z Minutes 5. PUBLIC HEARINGS: B. Hold a public hearing and consider making a recommendation to the City Council regarding an amendment to the development and transportation standards and the district boundary of Planned Development 120 (PD-120), a Planned Development zoning district. The Planned Development district is located west of F.M. 2164/Locust Street, between Loop 288 and Beall Street and east of Nicosia, approximately 593 feet south of Loop 288. (PDA10-0001, Gardens of Denton, Cindy Jackson) Cindy Jackson presented this item. The applicant is requesting an amendment to the development, transportation standards, and the district boundary of the Planned Development District 120 (PD-120). The original Planned Development District (PD-120) required specific transportation and roadway improvements when various phases are developed. The applicant is requesting to amend the masonry standards to include stucco and cement fiberboard as an allowed facade material in addition to the previously approved facade materials. Cindy Jackson explained the original requirements of the PD. She stated the following improvements requested by the applicant are as follows: 1. Constriction of F.M. 2164 as a 4-lane divided arterial from Loop 288 to Orr Street; 2. Constriction of the intersection of U.S. Highway 77 and F.M. 2164; 3. Constriction of left and right turn lanes located on the south side of the intersection of F.M. 2164 and Loop 288; 4. Constriction of diamond interchanges to provide four-phase operation of F.M. 2164 and Loop 288, including traffic signalization and dual left turn lanes; and 5. Constriction of both right and left turn lanes at F.M. 2164 and an internal collector, including traffic signalization. Cindy Jackson stated that staff is updating the official map of PD-120 to reflect the current boundaries. In 2005 and 2007, 147.8 acres of land was rezoned and removed from PD-120, but the official map was not updated. Notifications were sent out. Fifty one (51) 200 feet (Legal Notices) Received three (3) responses in favor. Received one (1) response in opposition. The Development Review Committee recommends approval of this request with the following conditions. DRC Conditions: 1. All original conditions of approval and subsequent modifications associated with PD 120 shall remain valid, unless specified herein. 2. A maximum of 40% of the building facade shall consist of stucco and/or cement fiberboard, with the remaining 60% of the facade being constricted of brick and/or stone. DRC Findings/Recommendation Page 23 of 25 10.'15.'2010 6:29:24 AM Case#: PDA10-0001 3. Each development within Phases I, II, and III will be required to constrict the required street improvements in accordance with the following: A. Traffic Impact Analysis: Determination by the City Engineer in accordance with an approved Traffic Impact Analysis. Improvements may include but are not limited to installation of turn lanes, pavement widening, pavement reconstruction, signal constriction, installation of pavement markings, signage or equitable participation in the cost of any of the listed types of improvements. B. The Approved Concept Plan for PD-120: All public streets shown on the approved concept plan for this Planned Development will be required to be constricted in accordance with the Denton Development Code (DDC) Subchapter 20. C. The City of Denton Mobility Plan and Connectivity Component of the Mobility Plan: 1. Whenever existing streets adjacent to or within a tract are of inadequate width, additional right-of-way in accordance with the Transportation Criteria Manual shall be provided at the time of subdivision. All means of access to a subdivision shall be from existing streets fully improved to City standards, and which have the capacity to carry all anticipated traffic from the development in accordance with the Transportation Criteria Manual or an approved Traffic Impact Analysis. 2. New perimeter streets. If an arterial or collector street is proposed by the mobility plan on, near or within the boundary of the development or the development creates the need for a new perimeter street, the development shall provide the portion of the perimeter street including right of way dedication for which it reasonably creates the need, but in no case shall that portion of the street provided be less than a pavement width of twenty-five (25) feet plus required bicycle lane in the case of an arterial. Minimum right of way dedication for new perimeter streets shall be sufficient to provide the required amount of pavement, the required parkway width for the street classification as shown in the Transportation Criteria Manual, and an additional five feet to provide for any sloping needed between the pavement and the property line of the development. All perimeter streets shall be provided with curb and gutter along the side abutting the development. If the perimeter street is ultimately proposed to serve as a divided arterial street and the development is required to install half of the arterial street, then curb and gutter shall be provided on both sides of the perimeter street so as to provide the curb for the future median of the arterial street. 3. Existing perimeter streets. a. Any development on the perimeter of an unimproved perimeter street shall dedicate the right-of-way and improve or reconstruct the street to the same extent as is required for new perimeter streets, unless the perimeter street has already been partially improved, in which case the development shall dedicate the additional right-of-way and make the additional street improvements necessary to complete the perimeter street to the classification required. For the purpose of this subsection, an "unimproved perimeter" street shall mean a perimeter street which does not have curb and gutter or which does not substantially comply with the standards for street constriction listed in the DRC Findings/Recommendation Page 24 of 25 10.'15.'2010 6:29:24 AM Case#: PDA10-0001 Transportation Criteria Manual or North Central Texas Council of Governments (NCTCOG) Specifications. b. Where any development would be required by this Code to improve an existing unimproved perimeter street to less than its full width and the City's approved capital improvements plan proposes improvement of the existing perimeter street to City specifications within three (3) years of the date the required improvements are to be undertaken, the development may elect, in lieu of making the required perimeter street improvements, to pay to the City prior to filing the plat the total constriction cost, excluding engineering and design cost, of the required street improvements. The amount to be paid shall be determined by the City Engineer, based on the actual cost of providing for the improvements, as shown in the most recent public bids for the same or similar type street improvements. If the money paid to the City is not used for the required improvements within five (5) years of payment, the funds shall be returned to the person making the payment. In the event that the Plat is not filed until after the City has entered a Contract with a contractor to constrict the subject street improvements, the payment by the development is no longer required. 4. In accordance with the standards in the Transportation Criteria Manual, and using the connectivity component of the Mobility Plan, the street system for each development shall be connected with existing, proposed and anticipated streets within and outside the development and shall be extended to the property boundary of the subdivision so as to provide for adequate access, and the safe and effective movement and circulation of traffic in accordance with the Mobility Plan. Temporary dead end streets between phases of a subdivision on which there is located a building lot that does not have frontage on any other street shall be developed with a temporary cul-de-sac designed in accordance with the Transportation Criteria Manual which appendix is adopted by reference and included in this Code the same as if set out at length in this section. When streets are extended to the property boundary any resulting dead-end streets may be approved without a temporary turnaround, however shall be provided with signage indicating that the street is intended to be extended in the future when adjacent property develops. When adjacent property develops, extension of the street will be required. The applicant, Wayne Lewis, Andrew Merrick Companies was present and spoke in favor of the request. The public hearing was opened at 8:04 p.m. Various citizens spoke. The public hearing was closed at 8:13 p.m. Moved: Commissioner Jay Thomas motioned to approve Item 5B with the conditions of approval as provided by staff with an exception to the masonry requirements. The masonry requirement is a minimum of Sixty (60) percent brick or stone and no more than Forty (40) percent of stucco. Seconded: Commissioner John Ryan On roll call vote: Commissioner John Ryan "aye", Commissioner Jay Thomas "aye", Commissioner Jean Schaake "aye", Chairman Walter Eagleton "aye", Commissioner Thom Reece "aye", Commissioner Brian Bentley "aye", and Commissioner Patrice Lyke "aye". Passed: 7/0 DRC Findings/Recommendation Page 25 of 25 10.'15.'2010 6:29:24 AM Case#: PDA10-0001 s:llegallour documentslordinances1101pda10-0001 gardens of denton.docx ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCES 86- 173 AND 98-324 TO AMEND THE BOUNDARIES, CONCEPT PLAN AND CONDITIONS ASSOCIATED WITH ROUGHLY 235.65 ACRES OF LAND DESIGNATED AS PLANNED DEVELOPMENT 120 (PD-120), LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF LOOP 288 AND F.M. 2164/N. LOCUST STREET, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; DEFINING THE APPLICABILITY OF OBSOLETE ZONING USE STANDARDS AND DESIGNATIONS REFERENCED HEREIN; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (PDA10-0001) WHEREAS, Ordinance 86-173 established Planned Development District 120 (PD-120) on 412.12 acres of land, by approving a concept plan and imposing conditions; and WHEREAS, Ordinance 98-324 subsequently modified the Concept Plan for 270.48 acres within PD-120, by superseding the land use factors approved in Exhibit "B" of Ordinance 86- 173, imposing an additional condition of 100% brick or masonry materials, and otherwise preserving the conditions imposed by Ordinance 86-173 with respect to the described 270.48 acres, to the extent that they do not conflict with Ordinance 98-324; and WHEREAS, the roughly 141 acre portion of PD-120 which was not subject to the Ordinance 98-324 amendment was subsequently combined with other land, and rezoned into the Hills of Denton Master Planned Community by Ordinance 2007-150; and WHEREAS, roughly 35 acres of the 270.48 acres described by Ordinance 98-324 was rezoned to the NR-4 zoning district classification and use designation by Ordinance 2005-007; and WHEREAS, Wayne Lewis initiated a request to amend the approved Concept Plan conditions associated with the land remaining in the PD-120 Planned Development District, as legally described in Exhibit "A", attached hereto and incorporated herein by reference, less and except the property legally described in Exhibit "B", attached hereto and incorporated herein by reference, less and except the property legally described in Exhibit "C", attached hereto and incorporated herein by reference. The roughly 235.65 acres remaining after such exclusions and exceptions is hereinafter referred to as the "Property", is represented conceptually as Exhibit "D" hereto, and is the land subject to this Ordinance; and WHEREAS, on September 22, 2010, the Planning and Zoning. Commission concluded a public hearing as required by law, and recommended approval of the requested amendment, with conditions; and WHEREAS, the City Council finds that this amendment to the Concept Plan and conditions of PD-120 is consistent with the Comprehensive Plan, and that the Concept Plan as amended herein satisfies the conditions set forth in Sections 35-161(1) and 35-174 of the Denton Code of Ordinances; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Ordinance No. 86-173 and Ordinance No. 98-324 are hereby amended by approving and incorporating the following development regulations as additional conditions of the amended Concept Plan, to be applied to all future development within PD-120 with respect to the Property: 1. All original conditions of approval and subsequent modifications associated with PD 120 shall remain valid, unless superseded by any inconsistent requirement specified herein. 2. The planned development district boundaries shall be as described in Exhibit "A" and depicted in Exhibit "B". 3. A maximum of 40% of the building facade shall consist of stucco, with the remaining 60% of the facade being constructed of brick and/or stone. 4. Each development within the PD will be required to construct the required street improvements in accordance with the following: A. Traffic Impact Analysis: Determination by the City Engineer in accordance with an approved Traffic Impact Analysis. Improvements may include but are not limited to installation of turn lanes, pavement widening, pavement reconstruction, signal construction, installation of pavement markings, signage or equitable participation in the cost of any of the listed types of improvements. B. The Approved Concept Plan for PD-120: All public streets shown on the approved concept plan for this Planned Development will be required to be constructed in accordance with the Denton Development Code Subchapter 20. C. The COD Mobility Plan and Connectivity Component of the Mobility Plan: I. Whenever existing streets adjacent to or within a tract are of inadequate width, additional right-of-way in accordance with the Transportation Criteria Manual shall be provided at the time of subdivision. All means of access to a subdivision shall be from existing streets fully improved to City standards, and which have the capacity to carry all anticipated traffic from the development in accordance with the Transportation Criteria Manual or an approved Traffic Impact Analysis. 2. New perimeter streets. If an arterial or collector street is proposed by the mobility plan on, near or within the boundary of the development or the development creates the need for a new perimeter street, the development shall provide the portion of the perimeter street including right of way dedication for which it reasonably creates the need, but in no case shall that portion of the street provided be less than a pavement width of twenty-five (25) feet plus required bicycle lane in the case of an arterial. Minimum right of way dedication for new perimeter streets shall be sufficient to provide the required amount of pavement, the required parkway width for the street classification as shown in the Transportation Criteria Manual, and an additional five feet to provide for any sloping needed between the pavement and the property line of the development. All perimeter streets shall be provided with curb and gutter along the side abutting the development. If the perimeter street is ultimately proposed. to serve as a divided arterial street and the development is required to install half of the arterial street, then curb and gutter shall be provided on both sides of the perimeter street so as to provide the curb for the future median of the arterial street. 3. Existing perimeter streets. a. Any development on the perimeter of an unimproved perimeter street shall dedicate the right-of-way and improve or reconstruct the street to the same extent as is required for new perimeter streets, unless the perimeter street has already been partially improved, in which case the development shall dedicate the additional right-of-way and make the additional street improvements necessary to complete the perimeter street to the classification required. For the purpose of this subsection, an "unimproved perimeter" street shall mean a perimeter street which does not have curb and gutter or which does not substantially comply with the standards for street construction listed in the Transportation Criteria Manual or NCTCOG Specifications. b. Where any development would be required by the Denton Development Code to improve an existing unimproved perimeter street to less than its full width and the City's approved capital improvements plan proposes improvement of the existing perimeter street to City specifications within three (3) years of the date the required improvements are to be undertaken, the development may elect, in lieu of making the required perimeter street improvements, to pay to the City prior to filing the plat the total construction cost, excluding engineering and design cost, of the required street improvements. The amount to be paid shall be determined by the City Engineer, based on the actual cost of providing for the improvements, as shown in the most recent public bids for the same or similar type street improvements. If the money paid to the City is not used for the required improvements within five (5) years of payment, the finds shall be returned to the person making the payment. In. the event that the Plat is not filed until after the City has entered a Contract with a contractor to construct the subject street improvements, the payment by the development is no longer required. 4. In accordance with the standards in the Transportation Criteria Manual, and using the connectivity component of the Mobility Plan, the street system for each development shall be connected with existing, proposed and anticipated streets within and outside the development and shall be extended to the property boundary of the subdivision so as to provide for adequate access, and the safe and effective movement and circulation of traffic in accordance with the Mobility Plan. Temporary dead end streets between phases of a subdivision on which there is located a building lot that does not have frontage on any other street shall be developed with a temporary cul-de-sac designed in accordance with the Transportation Criteria Manual which appendix is adopted by reference and included in the Denton Development Code the same as if set out at length in this. section. When streets are extended to the property boundary any resulting dead- end streets may be approved without a temporary turnaround, however shall be provided with signage indicating that the street is intended to be extended in the future when adjacent property develops. When adjacent property develops, extension of the street will be required. SECTION 2. The provisions of this ordinance as they apply to PD-120 and the Property shall govern and control over any conflicting provision of Ordinance No. 86-173 and Ordinance No. 98-324. SECTION 3. The Concept Plan amendments made herein shall not affect the validity of the Detail Plan amendment approved by Ordinance 2000-135 for 162.527 acres therein described, until such time as that Detail Plan is amended, modified or superseded. SECTION 4. All obsolete zoning district classifications and use designations referenced by this Concept Plan amendment, and any other obsolete standard or reference contained or incorporated by reference herein, shall be interpreted to apply the meanings and restrictions defined for them by Chapter 35 of the Code of Ordinances of the City of Denton, Texas, as amended immediately prior to the adoption of the Denton Development Code, on February 5, 2002, by Ordinance 2002-040. In all other respects, the requirements of the various Codes, (specifically including the Denton Development Code), ordinances, standards, master plans and design criteria of the City of Denton, Texas shall apply, as. same are subsequently adopted, amended or superseded, and shall apply as of the date of any subsequent determination or alleged offense, or as of the date otherwise mandated by Chapter 245 of the Texas Local Government Code (if not expired, exempted, or otherwise deemed inapplicable). SECTION 5. A copy of this ordinance shall be attached to Ordinance No. 86-173 showing the amendment herein approved. SECTION 6. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 7. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 8. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EXHIBIT A BEING a tract of land situated in the T. TOBY SURVEY Abstract No. 1288 and the BBB & CRR SURVEY Abstract No. 186, Denton County, Texas and being a portion of a 316.3656 acre tract of land described in Volume 947, Page 751, and a portion of a tract of land described in a deed recorded in Volume 1014, Page 537 of the Deed Records of Denton County, Texas and being more particularly described as follows: COMMENDING at a'/2 inch iron rod found for the Northwest corner of said 316.3656 acre tract and the Northwest corner of said T. TOBY SURVEY, THENCE, along and with the West line of said 316.3656 acre tract and the T. TOBY SURVEY South 00 degrees 57 minutes 06 seconds West, a distance of 1875.42 feet to a concrete ROW monument found for the POINT OF BEGINNING in the Southerly right-of-way line of LOOP 288 (variable width right-of-way), THENCE along and with the Southerly right-of-way line of said Loop 288 as follows: South 88 degrees 54 minutes 44 seconds East, a distance of 32.63 feet to a concrete ROW monument found for a corner; North 82 degrees 18 minutes 13 seconds East, a distance of 512.18 feet to a concrete ROW monument found for a corner; North 76 degrees 47 minutes 50 seconds East, a distance of 306.82 feet to a concrete ROW monument found for a corner; North 75 degrees, 09 minutes 58 seconds East, a distance of 787.78 feet to a concrete ROW monument found for a corner; North 71 degrees 17 minutes 58 seconds East, a distance of 340.94 feet to a 1/2 inch iron rod found for a corner; North 71 degrees 15 minutes 26 seconds East, a distance of 764.30 feet to a concrete ROW monument found for the beginning of a curve to the right having a radius of 5619.58, a chord bearing of North 73 degrees 51 minutes 45 seconds East and a chord length of 510.87 feet; Along said curve to the right through a central angle of 05 degrees 12 minutes 38 seconds for an arc length of 511.05 feet to a concrete ROW monument found for the end of said curve; North 84 degrees 08 minutes 48 seconds East, a distance of 684.90 feet to a 12 inch iron rod set for a corner; South 88 degrees 17 minutes 37 seconds East, a distance of 976.84 feet to a concrete ROW monument found for the Northerly corner of a corner clip at the Intersection of the Southerly right-of-way line of said Loop 288 with the Westerly right-of-way line of FM 2164 (variable width right-of-way); THENCE along said corner clip South 38 degrees 56 minutes 14 seconds East, a distance of 91.52 feet to a concrete ROW monument; THENCE along the westerly right-of-way line of said FM 2164 South 01 degrees 37 minutes 03 seconds West, a distance of 1000.57 feet to a concrete ROW monument found for a corner; THENCE North 89 degrees 15 minutes 46 seconds West, a distance of 2918.99 feet to a 1/2 inch iron rod found for a corner; THENCE South 01 degrees 37 minutes 46 seconds West, a distance of 977.66 feet to a 1/2 inch iron rod set for a corner; THENCE South 89 degrees 12 minutes 21 seconds East, a distance of 1404.76 feet to a 5/8 inch iron rod found for a corner; THENCE South 01 degrees 05 minutes 43 seconds West, a distance of 1977.53 feet to a 1/2 inch iron rod set for a corner; THENCE North 89 degrees 06 minutes 45 seconds West, a distance of 2500.79 feet to a 1/2 inch iron rod set for a corner; THENCE North 00 degrees 53 minutes 15 seconds East, a distance of 60.00 feet to a 1/2 inch iron rod set for the Southeast corner of a 0.92 acre tract of land conveyed to the City of Denton by deed recorded in Volume 556, Page 434, DRDCT; THENCE along the Southerly line f said 092 acre tract North 89 degrees 06 minutes 45 seconds West, a distance of 200.00 feet to a %2 inch iron rod set for a corner; THENCE along the Westerly line of said 0.92 acre tract, North 00 degrees 53 minutes 15 seconds East, a distance of 200.00 feet to a 1/2 inch iron rod set for a corner; THENCE along the Northerly line of said 0.92 acre tract, South 89 degrees 06 minutes 45 seconds East, a distance of 200.00 feet to a 1/2 inch iron rod set for a corner; THENCE along the Easterly line of said 0.92 acre tract, South 00 degrees 53 minutes 15 seconds West, a distance of 200.00 feet to a 1/2 inch iron rod set for a corner; THENCE South 00 degrees 53 minutes 15 seconds West, a distance of 60.00 feet to a 1/z inch iron rod set for a corner; THENCE North 89 degrees 06 minutes 45 seconds West, a distance of 795.80 feet to a 3/8 inch iron rod found for a corner; THENCE North 00 degrees 57 minutes 06 seconds East, a distance of 3079.50 feet to the POINT OF BEGINNING , CONTAINING within these metes and bounds 270.235 acres of land more or less. Exhibit B ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND RMG SITUATED IN THE T. TMY 81.W Y, ABBTR = NUMWR 1288, DENTON COUNTY, YEW AND IMING A PAAT OF A TRACT DESCRIBED IN A DEED TO ICDRC It L MIMED PARTNERBMP RECORDED IN COUNTY CLEIT M Idll INN %4W=M R PMMTp' RECOI' IM 09)10OUNTY, TEJ(A$, AND BRING MORE PARTXWRLY GIBED AS FOLLOWS: BEGINNfNG AT THE Nom' CORNER OF MD KDRC 11 TRACT-AND THE NORTHEAST CORNER OF I.OT 1, BLOCIC 1, TEXAS IWT1.UIIIKTS A00MON 1ACCMING TO THE FLAT THEREOF RECOR[9D IN TNET' A. PAGE 48 FEAT RECORDS DENTON COUNTY. TEXAS, AT A IM's WAY MONUMENT FOR WRNS t ICI THE IN'MRSE :"I' ON OF THE SOUTH RIGHT-OF WAY LON OF SAY LOOP 2W AND THE EAST RIGHT-OF WAY LME OF TIMUN 1 STREET: THENCE SOUTH 87 DOGIREES 04 VINUMS 55 SECONDS I,:AST LWITH THE NORTH LINE OF SAO ICDRC II TRAOT AND TM SOUTH RIGFCT'•CII1"' WAY LINE OF HO WAY LOOP ?.a'I a A DISTANCE OF 35A9 FEET TO A NOW-OF WAY MONUMENT FOR CORNER; THENCE NORTH I2I DES 12 MINUTES 1I SECONDS EAST1AEl!TH IRE NORTH UNE OF SAID IICM It TRACT MD THE SOUTH RIQW-OF WAY UN5 OF HOMY LOOP 288 A DIS'T`ANCE OF 1713 01 FWr TO A RIGM-O WAY MOVtlMERT FOR OMER; THOICT 80tITH 07 DOGRISB$ 36 MINUTES 85 SECONDS EASTA DISTANCE OF X400 CO Jeff TO A POUND IRON TIN, THENCE souni 07 DwRaft so F,ASVUTT5S !7 SECONDS WEST A OWMCE OF 22&M FEETTO A FOUMD IRON PIN; "*WE NORTH 80 bEC3WM 04 MINUTES 150 SECONDS WEST A DI$TAI OF 875.'113 TO A RXmD, IROIiI PIN ON T142 VMr LINE OP SAID 00011 TRACT AND THE I AS?' LIME OF SAID TERINGUA STREET, THIS NORTH 00 DEGREES 64 MMM 41 CIS EAV 111RT 4 THE WE8'I" LINE OF "D I 11 TRACT AND TK Eft UNE OF agO TeMouok STRP.fT A 01$TANCI OF 6%,95 FEET TO 'THE: POIN -OF DEGMNG. AND CONrAIMNG IN ALL 7.078 ACRER OF LAND. Exhibit C FIELD K M S to all that certain tract of land in the T. Toby Survey, Abstract Number 1288 and being part of the called 141.1301 acre Tract 1 described in the deed from kDRC 11 tv Locust/288 Partners, Ltd recorded. in Volume 4299, Page 805 of the Dead Records of Denton County, Texas, the aubject tract being more particularly described by metes and bounds as follows; Beginning at the Northwest corder of the tract being described herein at an aluminum right-of-way monument found on the South right-of-way of Loop 288 as monumented at the Northwest corner of the said 141.1301 acre tracts THENCE North 77 Degrees 00 Minutes So seconds Bast with the South right of way of poop 288 and a North line of the 14i.13o1 acre tract a distance of 306.27 feet to an aluminum right-of-way monument; THENCE North 7S Degrees 21 Minutes 26 Seconds East continuing with the South right-of-way of Loop 288 and a North line of the 141.1302 acre tract a distance of 882.28 facet to a 9 inch iron rod found at the Northeast corner of the tract being described herein arkd than northeast corner of the 141.1301 acre tract; THENCE South 14 Degrees 36 Minutes 10 Seconds East with an East line of the 141.1301 acre tract a distance of 453.37 feet to a % inch iron rod founds 7MC3 South 89 Degrees 02 Minutes 24 Seconds East with a North line of the 141.1301 acre tract a distance of 308.46 feet to a X inch iron. rod found at. the Easterly Northeast corner thereof at reentrant corner of the called 200.00 acre tract described in the deed from 270 J.V. to KDRC 11 recorded under Clerk's File Number 94-80065002 of the Real Property Records of Denton County. Texas.; THENCE South 01 Degrees 52 Minutes 28 Seconds West with the East line of the 141.1301 acre tract and the said 200.40 acre tract a distance of 921.11 feet to a 5/8 inch iron rod found with a yellow cap stamped ■sHB" at the Northeast corner of the called 102.900 acre tract de®eribed in the deed from Locust/288 Partners, Ltd. to Nicosia & 77, L.P. recorded in Volume 5144, Page 1032 of said Deed Recordas THENCE across the 141.1301 acre tract with the North line of the 102.900 acre tract the following six calla: 1. Worth 89 Degrees 11'Minutes 34 Seconds West a distance of 160.28 feet to a 5/8 inch iro6 react found with a yellow cap stamped ngggn; 2. North 62 Degrees 21 Minutes 11 Seconds West a distance of 1044.89 feet to a 5/8 inch iron rod found with a yellow cap stamped , 3. North 05 Degrees 43 Minutes 02 Seconds West a distance of 60.02 feet to a 5/8 inch iron rod found with a yellow cap stamped "B"a in a Westerly curve to the right having a radius of 430.16 feet; 4. Along said curve arc distance of 50.84 feet (chord hearing of South 07 Degrees 43 Minutea,17 Seconds West and a chord distance of 50.81 feet) to a % inch iron rod set with a yellow plaaatic cap Stamped NOOLEMAN RPLS 4001° at the end of the curve; s4 North 88 Degrees 53 Minutes 35 Seconds West a distance of 55.30 feet to a 5/8 inch iron rod found with a yellow cap stamped 6. North 62 Degrees 22 Minutes 23 Seconds West a distance of 118.22 feet to a 5/8 inch iron rod found with a yellow cap stamped ItB1041 found at the Northwest corner of the 102.900 acre tract and in the west lane of the 141.1301 acre tract; THMCE North 08 Degrees 14 Minutes 44 Seconds East with the West line of the 141.1301 acre tract a diotarice Of 144,35 feet to a M inch iron rod found at an angle point therein; THENCE North 07 Degrees 23 Minutee 25 Seconds hest with the west line of the 141.1302 acre tract a distance of 409.02 feet to the PLACE OF DFdII+TMINQ and enclosing 26.954 acres of land. Exhibit D LOCATION MAP This page left blank intentionally . AGENDA INFORMATION SHEET AGENDA DATE: October 19, 2010 DEPARTMENT: Parks and Recreation Department ACM: Fred Greene SUBJECT Hold a public hearing and consider adoption of an ordinance granting approval of a sub-surface use of a portion of Mack Park for the purpose of a Utility Easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of a utility easement; and providing an effective date. (Parks, Recreation and Beautification Board recommend approval with a vote of 6-0.) BACKGROUND The City of Denton has requested the use of park land for the purpose stated, in order to relocate a water transmission line to service this section of the city. State law as defined in Chapter 26, Protection of Public Parks and Recreational Lands, of the Texas Parks and Wildlife Code requires that: (a) a municipality of this state may not approve any program or project that requires the use or taking of anv public land designated and used prior to the arrangement of the program or project as a park unless the municipality, acting through its duly authorized governing body or Officer, determines that: (1) there is no feasible and prudent alternative to the use or taking of such land; and (2) the program or project includes all reasonable planning to minimize harm to the land, as a park, resulting from the use or taking. (b) A finding may be made only after notice and a hearing as required by this chapter. If the proposed public utility easement is allowed, a value must be placed on the linear footage of the section and charged to the City of Denton Water Department. In addition, land disturbed in the park will be returned to its original condition. The Parks and Recreation Department and the City of Denton Engineering staff have reviewed all other possible alternatives. These alternatives included: • Select another route through the city that would by-pass the park area. A routing study was conducted. This water line currently exists across the northern frontage of the park. The parks athletic fields and facilities receive water from this line. • Terminate the water line prior to this location. This option will not provide for existing service and future development along E. McKinney Street. OPTIONS Because other solutions to this issue have not proven to be feasible, the option remains to approve the use as presented or require the City of Denton to begin obtaining easements around the park and through adjacent property owners. RECOMMENDATION After reviewing all alternatives, staff recommends approval of this use of Mack Park for a Public Utility Easement. The Texas Parks and Wildlife Department and the National Park Service, who have previously provided grants at the park, have concurred with the proposal. There would be no major impact on current park operations or programs. The Parks and Recreation Department confirms that the City of Denton has investigated all other alternatives and has used reasonable planning to minimize harm to the land. ESTIMATED SCHEDULE OF PROJECT Constriction on this development is projected to begin in fall of 2010. PRIOR ACTION/REVIEW The Park and Recreation Board considered this item at their September 13, 2010 meeting with a recommendation for approval (6-0). FISCAL INFORMATION Compensation related to this use is still under discussion with Denton Water Utilities. It is reasonable to expect that improvements directly related to programs and/or facilities on Mack Park will be provided. VV HIRITC 1. Ordinance 2. Map 3. Texas Parks and Wildlife Letter 4. Parks, Recreation and Beautification Board Minutes of September 13, 2010 Respectfully Submitted: M- 0 Emerson Vorel, Director Parks and Recreation Department Prepared by: Bob Tickner, Superintendent Parks and Recreation Department s:llegaRour documents`ordinances1101chap 26 ordinance mark park utility easement 10-19-10.docx ORDINANCE NO. AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF A PORTION OF MACK PARK FOR THE PURPOSE OF A UTILITY EASEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR A UTILITY EASEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 26.001 of the Texas Parks of Wildlife Code provides that public land designated and used as a park may be used for a non-park purpose if the City Council finds after notice and hearing that there is not feasible and prudent alternative to the use of such land for the proposed project and the proposed project includes all reasonable planning to minimize harm to the park resulting from such use; and WHEREAS, the City of Denton desires to provide for a required utility easement of approximately 512 linear feet across the park for water service; and WHEREAS, Denton Water Utilities desires to construct an underground water transmission line across Mack Park since alternative options would not be feasible and prudent; and WHEREAS, the City provided notice in the Denton Record-Chronicle on September 29, October 5, and October 12, 2010 of a Public Hearing to be held on October 19, 2010 in the Council Chambers to consider the, alternatives to the use of Mack Park for the subject utility easement; and WHEREAS, the City Council on October 19, 2010 received testimony at a public hearing on the issues of no feasible and prudent alternative to the use of the property for the proposed project and that the project includes all reasonable planning to minimize harm to Mack Park resulting from the utility easement; and WHEREAS, the City Council finds that the project does not fall within the purview of Section 253.001 of the Texas Local Government Code; and WHEREAS, the City Council finds that there is no feasible and prudent alternative to the use of the park land and that the subject electric utility project includes all reasonable planning to minimize harm to the park as a result of the project; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: . SECTION 1. The Utility Easement and water transmission line proposed by Denton Water Utilities (the "Project") shall be constructed and maintained below the surface of the park property described in Exhibit "A," which is attached hereto and made a part hereof for all purposes, and that the surface of the park after installation of the water line shall be constructed in a manner so that the park land may still be used for landscape plantings, fencing, signage, park S 11000AMUsus1111712%Wo,d1).ACbq 1e26 mi-,%Isk Pak Public UtilityEa ea C*26 Gdia eMerle Pak UffltyEmemM 1EY1940A,, related utilities, temporary facilities, which uses are hereby expressly approved and authorized, as necessary after completion of the Project in the same manner it was used prior to the Project. SECTION 2. A utility easement shall be signed by the City Manager, or his designee, and approved by the City Attorney allowing the use of the park property for the Project as referenced above with appropriate provision to insure the improvements are constructed in accordance with City Subdivision Rules and Regulations; protects the patrons using the park from injury and damage both during and after construction of the Project; compensates for the reasonable market value of the use herein granted and generally protect the health, safety and general welfare of the City. SECTION 3. During construction of the Project, temporary use of such additional park land necessary to stage the construction of the improvements may be approved by the Director of Parks and Recreation Department. However, at the completion of the construction activities for the Project such additional park land shall be restored to the condition to which it existed prior to the beginning of such construction activities. SECTION 4. The rights and benefits set forth in this ordinance may not be assigned without the express written consent of the City. SECTION 5. The findings contained in the preamble of this ordinance are incorporated into the body of this ordinance. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of .2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: Page 2 of 2 Arthur Surveying Co., Inc. 1'_0. Box 54 Lewisville, Texas 75057 Ollioe: (972) 221-9439 Fax: (972) 221-4675 EXHIBIT A 20' UTILITY EASEMENT 0.235 ACRE CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the T.M. Downing Survey, Abstract Number 346, City of Denton, Denton County, Texas, and being a portion of tract 2 described by deed to the City of Denton, recorded in Volume 621, Page 455 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a broken concrete monument found for the northwest corner of a tract of land described by deed to Terrano Realty, Inc., recorded under Instrument Number 2005-157409, Official Public Records of Denton County, Texas, and the northeast comer of said City of Denton Tract 2, same point being in the south right-of-way line of McKinney Street; THENCE South 00 degrees 07 minutes 33 seconds East, with the west line of said Terrano Realty tract and the east line of said City of Denton Tract 2 for a distance of 20.01 feet to a point for comer; THENCE North 88 degrees 14 minutes 32 seconds West, over, across and through said City of Denton Tract 2 for a distance of 152.22 feet to a point for comer; THENCE North 87 degrees 28 minutes 53 seconds West, over, across and through said City of Denton Tract 2 for a distance of 360.42 feet to a point for comer in the east line of Lot 1, Block I of Apple Creek, an addition to the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet D, Slide 196 of the Plat Records of Denton County, Texas, and the west line of said City of Denton Tract 2, same point being the beginning of a curve to the right whose radius is 251.41 feet; THENCE with the east line of said Lot 1 and the west line of said City of Denton Tract 2, and with said curve to the right, having an arc length of 9.96 feet, with a central angle of 02 degrees 16 minutes 13 seconds, and whose chord bears North 01 degrees 33 minutes 09 seconds East a distance of 9.96 feet, an arc length of 9.96 feet to a point for comer; THENCE North 02 degrees 41 minutes 15 seconds East, continuing with the east line of said Lot 1 and the west line of said City of Denton Tract 2 for a distance of 10.04 feet to a point for corner in the south right-of-way line of said McKinney Street; THENCE South 87 degrees 28 minutes 53 seconds East, with the south line of said McKinney Street for a distance of 360.43 feet to a 3 1/2 inch aluminium disk found for comer; THENCE South 88 degrees 14 minutes 32 seconds East, continuing with the south line of McKinney Street for a distance of 151.43 feet to the POINT OF BEGINNING and containing 0.235 acres, more or less. 1009119-McKinney Street Water Line Easements-630250517 LL:l s o ~ ANN O N IU o f . *ko-' ~ti r0 >d0~. = ~°o t2 ~ O ~CQ tip N o{Q4. yp 7 m.. im f N {Zip a~oi~ tap w ~ Em -CD LIO z PO N m gib' ~i f~ ~t~w ~i f co 381,80. 'ON LO r LO I E-4 0 i (D ~ I r.. Xi f 02 ~ 0M IOU H OC E--4 i C4 F F ~ 'COQ v 'a ° v 0 C;j 4 ~ c3 j ~ Q~ Awl b )f jl~ 02 j i Q) 4a gig r Co 0 q) 4j tko 93 P4 :1 C> -38 oi to V• ~ N O pq 0;1-1 U2 0 ~ U j o f 11 II O z C\2 P. IV to IS a 4j y O 0 C12 Arthur Surveying Co., Inc. P.Q. Box 54 I e Msville, Texas 75067 Orice_ (972) 221-9439 w Pax: (972) 221-4675 North: 7129025.9189 East : 2394718.0695 Line Course: S 00-07-33 E Length: 20.01 North: 7129005.9089 East : 2394718.1134 Line Course: N 88-14-32 W Length: 152.22 North: 7129010.5781 East : 2394565.9651 Line Course: N 87-28-53 W Length: 360.42 North: 7129026.4164 East : 2394205.8932 Curve Length: 9.96 Radius: 251.41 Delta: 2-16-13 Tangent: 4.98 Chord: 9.96 Course: N 01-33-09 E Course In: S 89-34-58 E Course Out: N 87-18-45 W RP North: 7129024.5857 East : 2394457.2966 End North: 7129036.3739 East : 2394206.1631 Line Course: N 02-41-15 E Length: 10.04 North: 7129046.4029 East : 2394206.6338 Line Course: S 87-28-53 E Length: 360.43 North: 7129030.5642 East : 2394566.7157 Line Course: S 88-14-32 E Length: 151.43 North: 7129025.9192 East : 2394718.0744 Perimeter: 1064.51 Area: 10,246 sq. ft. 0.24 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0049 Course: N 86-19-24 E Error North: 0.00032 East : 0.00492 Precision 1: 217,246.94 1004119-McKinney Street Water Line Easements-630250517 Arthur Surveying Co., Inc. Pzo&sWozW i s surveyoxv P.O. Box 54 Lvv&y'lle, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 EXHIBIT A 30'x 30' TEMPORARY CONSTRUCTION EASEMENT 0.021 ACRE CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the T.M. Downing Survey, Abstract Number 346, City of Denton, Denton County, Texas, and being a portion of tract 2 described by deed to the City of Denton, recorded in Volume 621, Page 455 of the Deed Records of Denton County, Texas, and being more particularly described as follows: CONIIMIENCING at a broken concrete monument found for the northwest corner of a tract of land described by deed to Terrano Realty, Inc., recorded under instrument Number 2005-157409, Official Public Records of Denton County, Texas, and the northeast corner of said City of Denton Tract 2, same point being in the south right-of-way line of McKinney Street; THENCE North 88 degrees 14 minutes 32 seconds West, with the south line of said McKinney Street for a distance of 151,43 feet: to a 3 112 inch aluminum disk found for corner; THENCE North 87 degrees 28 minutes 53 seconds West, continuing with the south line of said McKinney Street for a distance of 223.60 feet to a point; THENCE South 02 degrees 31 minutes 07 seconds West, over, across and through said City of Denton Tract 2 for a distance of 20.00 feet to the POINT OF BEGINNING; THENCE South 02 degrees 31 minutes 07 seconds West, for a distance of 30.00 feet to a point for corner; THENCE North 87 degrees 28 minutes 53 seconds West, for a distance of 30.00 feet to a point for corner; THENCE North 02 degrees 31 minutes 07 seconds East, for a distance of 30.00 feet to a point for corner; THENCE South 87 degrees 28 minutes 53 seconds East, for a distance of 30.00 feet to the POINT OF BEGINNING and containing 0.021 acre of land, more or less. 1009119-McKinney Street Water Line Easements-630250517 a~ w ~ N I C1 I ~ ci o ~ti•. ~O ~ s " GY C~2 4 s o_: a► bA m co ao coo h tim i ~ p `gyp 00'001 a' 3 81,8RZON kO p u7 i"_ tic I ~ a r y7 Z Q1 Q cQ y tap I ' ~1 G+ A ri U I fw ° w O cQ E CQ 00 E-4 FOI I K?p 0 I . ~ G i o f N I ~J `O 0 14 j C.) 00 E-4 0046 -mum LLJ u(1) p ~ m ~D + I X41 ^FI0~ 0F' 14 E-4 Z11 0 -0 to) 0 C\2 - 0 o~ ~ ~o Arthur Surveying Co., Inc. Pxofesaio al.end Suxvevo= P.O. Box 54 Lewisville, Toxas 75067 Olrtca: (972) 221-9439 Fax: (972) 2214675 North: 7129021.7281 East : 2394312.4766 Line Course: S 87-28-53 E Length: 30.00 North: 7129020.4098 East : 2394342.4476 Line Course: S 02-31-07 W Length: 30.00 North: 7128990.4388 East : 2394341.1293 Line Course: N 87-28-53 W Length: 30.00 North: 7128991.7571 East : 2394311.1582 Line Course: N 02-31-07 E Length: 30.00 North: 7129021.7281 East : 2394312.4766 Perimeter: 120.00 ,Area: 900 sq. ft. 0.02 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East : 0.00000 Precision 1: 120,000,000.00 1009119-McKinney Street Water Line Easements-630254517 Arthur Surveying Co., Inc. Pxofessiovai r-4wd Suxveyoxv P.O. Box 54 W LmisvUle, T s 75467 Office: (972) 221-9439 - Fax: (972) 2214675 EXHIBIT A 30'x 34' TEMPORARY CONSTRUCTION EASEMENT 0.023 ACRE CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the T.M. Downing Survey, Abstract Number 346, City of Denton, Denton County, Texas, and being a portion of tract 1 described by deed to the City of Denton, recorded in Volume 621, Page 455 of the Deed Records of Denton County, Texas, and being more particularly described as follows: COMMENCING at a 3 112 inch aluminum disk found for the southeast comer of Lot 5, Block 1 of Mack Center, an addition to the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet D, Slide 328 of the Plat Records of Denton County, Texas, and being the southwest comer of said City of Denton Tract 1, same point being in the north right-of-way line of McKinney Street; THENCE South 87 degrees 28 minutes 53 seconds East, with the north line of said McKinney Street for a distance of 107.00 feet to a point; THENCE North 02 degrees 31 minutes 07 seconds East, over, across and through said City of Denton Tract 1, for a distance of 16.00 feet to a point in the north line of a 16 foot Utility Easement recorded under Instrument Number 2002-132702, Official Public Records of Denton County, Texas, and being the POINT OF BEGINNING; THENCE North 02 degrees 31 minutes 07 Seconds East, for a distance of 34.00 feet to a point for corner; THENCE South 87 degrees 28 minutes 53 seconds East, for a distance of 30.00 feet to a point for corner; THENCE South 02 degrees 31 minutes 07 seconds West, for a distance of 34.00 feet to a point in the north line of said 16 foot utility easement; THENCE North 87 degrees 28 minutes 53 seconds West, with the north line of said 16 foot utility easement for a distance of 30.00 feet to the POINT OF BEGINNING and containing 0.023 acre of land, more or less. 1009119-McKinney Street Water Line Easements-630250517 1 N ~ r 1 ~ r J r 30 0 15 30 60 1 SCALE: 1" = NY Lot 5, Block 1 Basis of BEaring is based on the Mack Center r City ofDeamGLSnetwaalr. Cabinet Slide 328 f i City of Denton r Volume 621, Page 455 1 Tract 1 r l ' Temporary f ' Construction r 1 Easement 0.023 Acre S8778'53"E r r :W 30.00' 16' Utility '7 Easement (D/328) 1 14) f 25' Building Line (p~32g)~ M1 O OO 1 04 N0231'07 E N8778'53"W - L~L - ss72a•53°e roe oa• 1s.oa' 30.00 (C.M.) N8728'53"W 3 1/2° Aluminum - ` _ - - - - 387.98' Disk Found (C,M ) McKINNEY 16' Utility Easement STREET la_%~., instr. No. 2002-132702 EXHIBIT B 0.023 Acre 30 x 34 Temporary Construction Easement T.M. Downing Survey, Abstract No. 346, City of Denton, Denton County, Texas 2010 - A "suRq u rthur eying Co., Inc. sWom P.O.Bos 54 LewiffviUe, Texas 75067 Office: (972) 221--9439 Fax: (972) 221-4675 Estatblished 1988. rthur Surveying Ca., Inc. F~-olbssioxW .tea Sur eyms P_O. Box 54 Lewisville, Texas 75067 Office- (972) 221-9439 Fax: (972) 2224675 North: 7129157.5943 East : 2394318.5102 Line Course: N 02-31-07 E Length: 34.00 North: 7129191.5614 East : 2394320.0043 Line Course: S 87-28-53 E Length: 30.00 North: 7129190.2431 East : 23943499753 Line Course: S 02-31-07 W Length: 34.00 North: 7129156.2759 East : 2394348.4812 Line Course: N 87-28-53 W Length: 30.00 North: 7129157.5943 East : 2394318.5102 Perimeter: 128.00 Area: 1,020 sq. ft. 0.02 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East : 0.00000 Precision 1: 128,000,000.00 1009119-McKinney Street Water Line Easements-630250517 Mack Park Proposed Water line Easement 10-19-10 y - - .3 - ` Private Driveviay r u° r. , 0110 , P&Kinney Street. FM 426 - - Pror)()ir(I bJ<lt I ~Illr r I -'rII l~llt a a ' . ~ r a>Y1 r i r+ a - , ,AFL ndY-' {~t~ bi I. A r ~ ~~~4 f - y 1 4 .Nr'~' ~ qQ ' I ~ ~ µ ~ ~ 1n * ~ ~ T k. F• r t~ 410 205 0 410 Fe t Life°s better outside September 16, 2010 Commissioners Mr. Robert Tickner Peter M. Holt Superintendent of Parks Planning Chairman San Antonio City of Denton T. Dan Friedkin 601 E. Hickory St. STE B Vice -Chairman Houston Denton, TX 76205 Mark E. Bivins Amarillo Subject: Mack Park 4-00454 easement Ralph H. Duggins Fort Worth Antonio Falcon, M.D. Dear Mr. Tickner, Rio Grande City Karen J. Hix San Antonio o Your request to use a portion of Mack Park for an underground water Dan Allen Hughes, Jr. line easement has been reviewed and approved by our department. Beeville Mack Park was funded through the National Park Service Land & Margaret Martin Boerne Water Conservation Fund Program and can proceed with the following S. Reed Morian restrictions found in the LWCF manual: Houston Please keep me informed as you proceed. If I can be of any assistance, please feel free to contact me at 512-389-8175. Best regards, F Dana Lagarde, Manager Local Park Grants Program Cc: Roger Knowlton, NPS 4200 SMITH SCHOOL ROAD AUSTIN, TEXAS 78744-3291 512.389.4800 To manage and conserve the natural and cultural resources of Texas and to provide hunting, fishing www.tpwd.state.tx.us and outdoor recreation opportunities for the use and enjoyment of present and future generations. Parks, Recreation and Beautification Board Minutes September 13, 2010 Civic Center Community Room DRAFT Members present: Carol Brantley, Vicki Byrd, Alex Lieban, Dave Rowley, Janet Shelton, Jennifer Wages Members absent: Derrick Murray, Staff present: Emerson Vorel, Bob Tickner, MaiN- Aukerman, Maria Denison, Marketing Manager, Robby Stengel, Marketing Department Others present: Keith Burkholder from Lockwood, Andrews & Nessmam, Inc. PUBLIC MEETING The purpose of the public meeting was to get input on the Denton Branch Rail Trail Bridge that will go over Loop 288 adjacent to the bridge DCTA is building over Loop 288. Bob Tickner gave a presentation on the location of the bridge and showed several bridges from other cities. The cost of the bridge may determine what type of bridge will be built for that area. Citizen input at this meeting was veiy positive. Many bike riders are glad to see a bridge in that area to help with the flow on the bike trail. REGULAR MEETING 1. CALL TO ORDER - Once the citizens had left the room, Carol Brantley, Vice Chair, suggested a five minute break before starting the Park Board meeting. Brantley called the meeting to order at 6:50 p.m. 2. APPROVAL OF MINUTES OF August 2, 2010 MEETING: Brantley asked the Board to review the minutes from the August meeting. Hearing no changes, Shelton made a motion that the minutes be accepted as written, Wages seconded the motion and it carried with a vote of 6-0. 3. AWARDS AND RECOGNITIONS: - A. Maria Denison, Parks and Recreation Marking Manager, and Robby Stengel, Marketing Assistant, were invited to the meeting to show the Denton Civic Center commercial that won the "Award of Distinction" in the low-budget, video categoiy from the International Academy of the Visual Arts and the 16th Annual Communicator Awards. The actual award was passed among the Board members for their inspection. 4. ACTION ITEMS: A. Chapter 26 Review: Water Line Easement across the Frontage of Mack Park - Tickner explained to the new Board members that when there is a request for park property- to be used for anything other than recreation, there must be a public hearing to comply with state law was defined in Chapter 26, Protection ofPublic Parks and Recreational Lands. The public hearing will take place at the City- Council meeting. Tickner said that the seater line needs to be repaired so they are moving it and it will be in compliance when McKinley Street is eventually widened. The easement will have no affect on recreation activities at the park since it is in an area that is close to the road and not utilized by citizens. MOTION: Brantley asked for a motion to approve the request to grant the swater line easement across the frontage of Mack Park. Shelton made the motion to honor the request, Rowwley seconded the motion to approve the request and it carried with a vote of 6-0. 5. DISCUSSION ITEMS: A. Park Foundation Denton Duck Derby Fund Raiser Update - Vorel stated that the event is being set up at the Water Works Park and will be held at 10:00 a.m. on Saturday, September 18"' Tickets can be purchased at DATCU, Point Bank, City Hall East, Natatorium/Water Works Park and Tim Crouch Group. Wages, also a member of the Park Foundation Board, said that tickets are also available at dentonduckderby.com. Shelton stated that you can only purchase tickets online by using PayPal. Vorel said that tickets will be available at the Water Works Park prior to the event. Vorel reiterated that 2,000 ducks are available for "adoption" and that one race will be for adults and one race for children will be held on the continuous river at the Water Works Park. Adult participants have the chance to win a $50,000 annuity and children can win a $20,000 scholarship as well as other prizes, such as tickets to a Cowboys game and some to a Mavericks game, among a few. B. Dissemination of Park Board Packets - The packets for the Parks, Recreation and Beautification Board meetings are sent to the members via email and hard copies are mailed to their homes. A more economical method would be to send the packets by email only, but some members do not have the printers that are able to print two-sided or can handle documents with as many pages as the packet. Lieban suggested that we send the copy by email and have printed copies available for each Board member at the meeting, but do not mail to their home. It was also suggested that an email confirmation be sent back to make sure everyone is getting their packet on time. Aukerman said that the packets are emailed no later than the Thursday prior to the meeting so if a packet has not arrived by then, they need to contact her and she can look at other methods of sending it. The Board will vote on this item in October, so the chairperson can also have input into the decision. 6. OTHER BUSINESS: A. Parks Department Projects Status Report Briercliff Park Design and Development Project - This project is under construction and the concrete has been poured for the trail. Playground has been installed. Neighborhood Park Design: SPC Ernest W. Dallas Jr. Veterans Memorial Park, (hvsley Park, and Wheeler Ridge - The Preserve at Pecan Creek is now the SPC Ernest W. Dallas Jr. Veterans Memorial Park. Owsley Park and Wheeler Ridge are going through the City's project review. North Lakes Adult Soccer Field Development Project - This project is on hold due to platting. North Lakes Park Goldfield Tennis Center - Lieban asked for an update on why this project is on hold. It was explained that some of the funding for this project is to come from the next bond election. There are several scenarios that are being considered for this project. Community Development Block Grant Projects for Parks - Funding from this grant program will allow for the following projects: (1) install a new picnic shelter at Mack Park to replace the small one installed in the 1970's, (2) install an 8' wide perimeter trail along Withers and Oakland Streets in Quakertown Park, which will provide for handicap access and a pedestrian way around the park, as well hard surface walkways for special events, (3) upgrade the ADA accessible parking area at MLK Recreation Center to current ADA regulations. Tickner told of a piece of land in the Preserve at Pecan Creek, across from the Pecan Creek Elementaiy School, that will be dedicated to the City. Instead of a sidewalk, a trail -,vas built at this location and is part of the City's Trail Master Plan. B. Keep Denton Beautiful Update Vorel stated that KDB will move to the Solid Waste Utility Fund effective October 1, 2010 and will not be part of the Parks and Recreation Department, so this update will no longer appear in the Park Board minutes. C. Public Art Committee Meeting Minutes Draft - Vorel stated that the black and white photos at City Hall East will be dedicated on September 28"' and invitations have already been mailed to the Park Board. With no further items on the agenda, Brantley asked for a motion to adjourn the meeting. Wages made the motion to adjourn, Lieban seconded and the meeting -,vas adjourned at 7:20 p.m. This page left blank intentionally . AGENDA INFORMATION SHEET AGENDA DATE: October 19, 2010 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, adopting Standards of Care for Youth/Teen Programs administered by Denton's Parks and Recreation Department pursuant to Texas Human Resources Code Section 42.041 (b)(14); and providing an effective date. (Parks, Recreation and Beautification Board recommend approval with a vote of 6-0.) BACKGROUND The Parks and Recreation Department has been directed by Texas Department of Regulatory Services to adopt an ordinance approving the Standards of Care, which are requirements that either meet or exceed the current State Day Care requirements. The Standards of Care are intended to be minimum standards by which the City of Denton Parks and Recreation Department will operate the City's Youth/Teen Programs. The programs operated by the City are recreational in nature and are not day care programs. Senate Bill 212 was approved by the Texas Legislature during the 74th legislative session exempting recreation programs from day care licensing as long as a Standards of Care is adopted. In order to be exempt, an elementary-age (ages 5-13) recreation program may be operated by the municipality provided the governing body of the municipality annually adopts standards of care by ordinance after a public hearing for such programs, that such standards are provided to the parents of each program participant, and that the ordinances shall include, at a minimum, staffing ratios, minimum staff qualifications, minimum facility, health, and safety standards, and mechanisms for monitoring and enforcing the adopted local standards; and further provided that parents be informed that the program is not licensed by the state and the program may not be advertised as a child care facility. The initial public hearing was held on October 5, 1999, and the first Standards of Care was adopted by City Council through Ordinance 99-365. The State recently changed the exemption certification to include the adoption of a new ordinance each year for the Standards of Care in order to continue the exemption status. The changes made to the Standards of Care include: • Removal of all DISD sites, • Eliminating the Youth/Teen Services Recreation Specialist responsibilities (frozen position) and reassigning them to the Youth/Teen Services Manager and Program Area Manager, 0 Adding the information regarding epi-pen administration by staff. RECOMMENDATIONS Staff recommends the City Council approve the proposed ordinance as presented. PRIOR ACTION/REVIEW: The Parks, Recreation and Beautification Board reviewed the proposed Standards of Care on October 4, 2010 and recommended approval with a vote of 6-0. FISCAL INFORMATION This ordinance and Standards of Care require no additional City funding. EXHIBITS 1. Ordinance 2. Youth/Teen Services Standards of Care & Parent Guide2010-2011 3. Parks, Recreation and Beautification Board Meeting Minutes of October 4, 2010 Respectfully submitted: &,,a, M-0W, Emerson Vorel, Director Parks and Recreation Department Prepared by: Kathy Schaeffer Special Projects/Fiscal Operations Manager Ileodadldepartments\1ega1\our documentslordinances1101parks standards of care.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ADOPTING STANDARDS OF CARE FOR YOUTH/TEEN PROGRAMS ADMINISTERED BY DENTON'S PARKS AND RECREATION DEPARTMENT PURSUANT TO TEXAS HUMAN RESOURCES CODE SECTION 42.041 (b)(14); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, recognizes that many children of school age need an organized program for recreational activities after the end of the school day and for other non- school days; and WHEREAS, the City of Denton, Texas, through its Park and Recreation Department, proposes to operate After School Programs and Summer Camps for children to be operated at City Recreational Centers and schools of the Denton. Independent School District; and WHEREAS, the City of Denton, Texas, needs to adopt Standards of Care for these recreational programs so licensing as a day care facility will not be necessary; and WHEREAS, the City of Denton, Texas, has formulated a Standards of Care that at a minimum includes staffing ratios, minimum staff, qualifications, minimum facility, health and safety standards, and mechanisms for monitoring and enforcing the local standards; and further provides for notifying parents that the program is not licensed by the state and that the program may not be advertised as a day care facility; and WHEREAS, on day of , 2010, the City of Denton held a public hearing on the above Standards of Care as required by Section 42 041 (b)(14) of the Texas Human Resources Code; NOW, THEREFORE; THE COUNCIL OF THE CITY DENTON HEREBY ORDAINS: SECTION 1. The City of Denton, Texas, adopts the Standards of Care for Youth/Teen Programs which is attached as Exhibit "A" and incorporated herein by reference as if written word for word pursuant to Section 42.041 (b)(14), Texas Human Resources Code. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR SlAga60w Dpcweend.V),&-,U0Tmks Standard of C-.dnc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY Page 2 Exhibit A 1 City of Denton s s ■IT t Parks & Recreation Department Youth/Teen Program Standards of Care Parent Guide 2010-2011 Welcome to the City of Denton Parks and Recreation Department Youth/Teen Programs. The Youth/Teen Services Division oversees the After School Action Site, Holiday Camps, Kids Day Off, Summer Camps, Middle School After School Program and Teen Summer Camp programs. Each Program offers a variety of activities for your child(ren) and teen(s), ranging from games to crafts to sports and much more. It is the philosophy of the division to offer activities that encourage physical fitness, motor skill development, social development, build self-esteem, and promote education and good citizenship. Please take a few moments to read through your City off)enton Youth 'Teen Program Parent Guide to familiarize yourself with the program(s) your child(ren) or teen(s) are enrolled in. This Guide includes The Standards of Care, Program riles, procedures for discipline, medication administration and more. Please feel free to call your Youth/Teen Services Manager at any time with questions, concerns, and suggestions. The Youth/Teen Services Manager may be reached at 940-349-8732. Thank you for participating in the City of Denton Parks and Recreations Department Youth Programs. We look forward to meeting you and your child(ren)/teen(s). Sincerely, Na' Stasha Manuel Youth/Teen Services Manager 349-8732 2 TABLE OF CONTENTS Standards of Care General Administration 4 Organization 4 Definitions 4 Inspections 5 Enrollment 6 Suspected Abuse 6 Staffing - Responsibilities and Training 7 Youth/Teen Manager Qualifications 7 Manager's Responsibilities 7 Youth/Teen Program Coordinator & Leader Qualifications 7 Coordinators and Leader Responsibilities 8 Training/Orientation 8 Operations 9 Staff-Participant Ratio 9 Discipline 9 Programming 9 Communication 10 Transportation 10 Facility Standards 11 Safety 11 Fire 11 Health 12 Toilet Facilities 13 Sanitation 13 General Youth/Teen Program Information 14 *Programs include: After School Action Site, Middle After School Program, Summer Camps, KDO's, Holiday Camps, Teen Camps CITY OF DENTON YOUTH/TEEN SERVICES STANDARDS OF CARE The following Standards of Care have been adopted by the City Council of the City of Denton, Texas in order to comply with Senate Bill 212 as approved by the Texas Legislature during the 74th legislative session. The Standards of Care are intended to be minimum standards by which the City of Denton Parks and Recreation Department will operate the City's Youth Programs. The programs operated by the City are recreational in nature and are not licensed day care programs. The City of Denton's Youth/Teen programs are exempt from licensing under Texas Administrative Code 745.115(3). GENERAL ADMINISTRATION Organization A. The governing body of the City of Denton Youth/Teen Programs is the City of Denton City Council. B. Implementation of the Youth/Teen Programs Standards of Care is the responsibility of the Parks and Recreation Department Director and Departmental employees. C. Youth/Teen Programs ("Program") to which these Standards of Care will apply are the After School Action Site, Holiday Break Camps, Kids Day Off, Summer Camps, Middle School After School Program and Teen Summer Camp programs. D. Each Youth/Teen Program site will have available for public and staff review a current copy of the Standards of Care. E. Parents of participants will be provided a current copy of the Standards of Care during the registration process. F. Criminal background checks will be conducted on prospective staff. No person with conviction or who is under indictment for, or is the subject of an official criminal complaint alleging violation of any of the crimes listed in the Texas Department of Protective and Regulatory Service's Day Care Center Minimum Standards and Guidelines Appendix II as same may be amended or a felony violation of the Texas Controlled Substance Act may be present while children are in care. An example of current Appendix II is attached as Exhibit A. 2. Definitions A. City: City of Denton. B. City Council: City Council of the City of Denton. 4 C. Department: Parks and Recreation Department of the City of Denton. D. Youth/Teen Programs or Program: City of Denton Youth/Teen Programs consisting of the After School Action Site, Holiday Break Camps, Kids Day Off, Summer Camps, Middle School After School Program and Teen Summer Camp programs. E. Program Manual: Notebook of policies, procedures, required forms, and organizational and programming information relevant to City of Denton Programs. F. Director: City of Denton Parks and Recreation Department Director or his or her designee. G. Program Manager: City of Denton Parks and Recreation Department full-time Programmer who has been assigned administrative responsibility for City of Denton Youth/Teen Program. H Youth/Teen Manager or Manager: City of Denton Parks and Recreation Department full-time employee who has been assigned responsibility to implement the City's Youth/Teen Programs. L Program Site: Area and facilities where City of Denton Youth/Teen Programs are held consisting of Civic Center, Martin Luther King Recreation Center, Denia Recreation Center, North Lakes Recreation Center, and McMath Middle School. J. Participant: A youth/teen whose parent(s) have completed all required registration procedures and determined to be eligible for a City of Denton Youth Program. K. Parent(s): This term will be used to represent one or both parent(s) or adults who have legal custody and authority to enroll their child(ren)/teen(s) in City of Denton Youth/Teen Programs. L. Employee(s): Term used to describe people who have been hired to work for the City of Denton and have assigned responsibility for managing, administering, or implementing some portion of the City of Denton Youth Programs. 3 . Inspections/Monitoring/Enforcement A. A monthly inspection report will be initiated by the Manager, Specialist or Coordinator of each Program to confirm the Standards of Care are being adhered to. (1) Inspection reports will be sent to the Program Manager for review and kept on record for at least two years. (2) The Program Manager will review the report and establish deadlines and criteria for compliance with the Standards of Care. B. The Manager will make visual inspections of the Program based on the following schedule: 5 (1) Each After School Program site will be inspected bimonthly; (2) The Holiday Break Camp Program will be inspected once during its holiday schedule; and (3) The Summer Camp Program will be inspected twice during the summer break. (4) The Middle School After School Program site will be inspected bimonthly; (5) Teen Camp Program will be inspected once during the summer break; (6) The Kids Day Off will be inspected three times a year; C. Complaints regarding enforcement of the Standards of Care will be directed to the Manager. The Manager will be responsible to take the necessary steps to resolve the problems. Complaints regarding enforcement of the Standards of Care and their resolution will be recorded by the Specialist or Coordinator. Serious complaints regarding enforcement of the Standards of Care will be addressed by the Program Manager and the complaint and resolution will be noted. D. The Program Manager will make an annual report to the City Council on the overall status of the Youth/Teen Programs and their operation relative to compliance with the Standards of Care. 4. Enrollment A. Before a child can be enrolled, a parent must sign registration forms that contain the child's: (1) name, address, home telephone number, email address; (2) name and address of parents and telephone number during Program hours; (3) the names of people to whom the child can be released; (4) a statement of the child's special problems or needs; (5) emergency medical authorization; (6) proof of residency when appropriate; and (7) a liability waiver. 5. Suspected Abuse Program employees will report suspected child abuse or neglect in accordance with the Texas Family Code. 6 STAFFING - RESPONSIBILITIES AND TRAINING 6. Youth/Teen Manager ("Manager") Qualifications A. Manager will be full-time, professional employees of the City of Denton Parks and Recreation Department and will be required to have all Program Leader qualifications as outlined in Section 7 of the document. B. Manager must be at least 21 years old. C. Manager must have a bachelor's degree from an accredited college or University or at least five (5) years of direct supervision of recreational activities related to children ages 5-13 years of age. Acceptable degrees include: (1) Recreation Administration or General Recreation; (2) Physical Education; and (3) Any other comparable degree plan that would lend itself to working in a public recreation environment. D. Manager must have five years experience planning and implementing recreational activities. E. Manager must pass a background investigation including testing for illegal substances. F. Manager must have successfully completed a course in first aid and Cardio Pulmonary Resuscitation (CPR) based on either American Heart Association or American Red Cross standards. 7. Manager's Responsibilities A. Manager's are responsible to administer the Programs' daily operations in compliance with the adopted Standards of Care. B. Manager's are responsible to recommend for hire, supervise, and evaluate Coordinators and Leaders. C. Manager's are responsible to plan, implement, and evaluate programs. 8. Youth/Teen Program Coordinator ("Coordinator"} and Leader ("Leader") Qualifications A. Coordinators and Leaders will be part-time or temporary employees of the Parks and Recreation Department. B. Coordinators and Leaders working with children must be age 18 or older. C. Coordinators and Leaders should be able to consistently exhibit competency, good judgment, and self-control when working with children. 7 D. Coordinators and Leaders must relate to children with courtesy, respect, tolerance, and patience. E. Coordinators and Leaders must have successfully completed a course in first aid and CPR based on either American Heart Association or American Red Cross standards. An exception can be made for no more than one staff person at each site, and that person shall successfully complete a first aid and CPR course within four weeks of starting work. F. Coordinators and Leaders must pass a background investigation including testing for illegal substances. 9. Coordinators and Leader Responsibilities A. Coordinator and Leaders will be responsible to provide participants with an environment in which they can feel safe, can enjoy wholesome recreation activities, and can participate in appropriate social opportunities with their peers. B. Coordinators and Leaders will be responsible to know and follow all City, Departmental, and Program standards, policies, and procedures that apply to City of Denton Youth/Teen Programs. C. Coordinators and Leaders must ensure that participants are released only to a parent or an adult designated by the parent. All Program sites will have a copy of the Department approved plan to verify the identity of a person authorized to pick up a participant if that person is not known to the Coordinator and Leader. 10. Training/Orientation A. The Department is responsible for providing training and orientation to Program Employee's in working with children and for specific job responsibilities. Managers will provide each Coordinator and Leader with a Program manual specific to each Youth/Teen Program. B. Program employees must be familiar with the Standards of Care for Youth/Teen Program operation as adopted by the City Council. C. Program employees must be familiar with the Program's policies including discipline, guidance, and release of participants as outlined in the Program Manual. D. Program employees will be trained in appropriate procedures to handle emergencies. E. Program employees will be trained in areas including City, Departmental, and Program policies and procedures, provision of recreation activities, safety issues, child psychology, and organization. F. Program employees will be required to sign an acknowledgment that they received the required training. OPERATIONS 11. Staff-Participant Ratio A. In a City of Denton Youth/Teen Program, the standard ratio of participants to Leaders will be 17 to 1. In the event a Leader is unable to report to the Program site, a replacement will be assigned. B. Each participant shall have a Program employee who is responsible for him or her and who is aware of the participant's habits, interests, and any special problems as identified by the participant's parent(s) during the registration process. 12. Discipline A. Program employees will implement discipline and guidance in a consistent manner based on the best interests of Program participants. B. There must be no cruel or harsh punishment or treatment. C. Program employees may use brief, supervised separation from the group if necessary. D. As necessary, Program employees will initiate discipline reports to the parent(s) of participants. Parents will be asked to sign discipline reports to indicate they have been advised about specific problems or incidents. E. A sufficient number and/or severe nature of discipline reports as detailed in the Program Manual may result in participant being suspended from the Program. F. In instances where there is a danger to participants or staff, offending participants will be removed from the Program site as soon as possible. 13. Programming A. Program employees will attempt to provide activities for each group according to the participants' ages, interests, and abilities. The activities must be appropriate to participants' health, safety, and well-being. The activities also must be flexible and promote the participants' emotional, social, and mental growth. B. Program employees will attempt to provide that indoor and outdoor times include: (1) alternating active and passive activities; (2) opportunity for individual and group activities; and (3) outdoor time each day weather permits. C. Program employees will be attentive and considerate of the participants' safety on field trips and during any transportation provided by the Program. 9 (1) During trips, Program employees supervising participants must have immediate access to emergency medical forms and emergency contact information for each participant. (2) Program employees must have a written list of the participants in the group and must check the roll frequently. (3) Program employees must have first aid supplies and a guide to first aid and emergency care available on field trips. 14. Communication A. Each Program site will have a cell phone to allow the site to be contacted by Parks and Recreation personnel, and for use in contacting the Civic Center or making emergency calls. B. The Coordinator will post the following telephone numbers adj acent to a telephone accessible to all Program employees at each site: (1) Denton ambulance or emergency medical services; (2) City of Denton Police Department; (3) City of Denton Fire Department; (4) Civic Center; (5) Numbers at which parents may be reached; and (6) The telephone number for the site itself. 15. Transportation A. Before a participant may be transported to and from city sponsored activities, a City waiver form, completed by the parent of the participant, must be filed. B. First aid supplies will be available in all Program vehicles that transport children. C. All Program vehicles used for transporting participants must have available a 6-BC portable fire extinguisher which will be installed in the passenger compartment of the vehicle and must be accessible to the adult occupants. 10 FACILITY STANDARDS 16. Safety A. Program employees will inspect Program sites daily to detect sanitation and safety concerns that might affect the health and safety of the participants. A daily inspection report will be completed by Program employees and kept on file by the Manager. B. Buildings, grounds, and equipment on the Program site will be inspected, cleaned, repaired, and maintained to protect the health of the participants. C. Program equipment and supplies must be safe for the participants's use. D. Program employees must have first aid supplies readily available at each site, during transportation to an off-site activity, and for the duration of any off-site activity. E. Program air conditioners, electric fans, and heaters must be mounted out of participants' reach or have safeguards that keep participants from being injured. F. Program porches and platforms more than 30 inches above the ground must be equipped with railings participants can reach. G. All swing seats at Program sites must be constricted of durable, lightweight, relatively pliable material. H. Program employees must have first aid supplies readily available to staff in a designated location. 17. Fire A. In case of fire, danger of fire, explosion, or other emergency, Program employees' first priority is to evacuate the participants to a designated safe area. B. The Program site will have an annual fire inspection by the local Fire Marshal, and the resulting report will detail any safety concerns observed. The report will be forwarded to the Program Manager who will review and establish deadlines and criteria for compliance. Information from this report will be included in the Program Manager's annual report to the Council. C. Each Program site must have at least one fire extinguisher approved by the Fire Marshal readily available to all Program employees. The fire extinguisher is to be inspected monthly by the Leaders, and a monthly report will be forwarded to the Manager who will keep the report on file for a minimum of two years. All Program employees will be trained in the proper use of fire extinguishers. D. Fire drills will be initiated at Program sites based on the following schedule: 11 (1) After School Program and Middle School After School program: A fire drill once every three months. (2) Spring Break Camp and Holiday Camp: A fire drill once during the session. (3) Summer Camp: A fire drill twice during the session. (4) Teen Camp: A fire drill once during session 18. Health A. Illness or Injury (1) A participant who is considered to be health or safety concern to other participant's or employees will not be admitted to the Program. (2) Illnesses and injuries will be handled in a manner to protect the health of all participants and employees. (3) Program employees will follow plans to provide emergency care for injured participants with symptoms of an acute illness as specified in the Program manual. (4) Program employees will follow the recommendation of the Texas Department of Health concerning the admission or readmission of any participant after a communicable disease. B. Program employees will administer medication only if: (2) Parent(s) complete and sign a medication form that provides authorization for staff to dispense medication with details as to time and dosages. The form will include a hold harmless clause to protect the City. (3) Prescription medications are in the original containers labeled with the child's name, a date, directions, and the physician's name. Program employees will administer the medication only as stated on the label. Program employees will not administer medication after the expired date. (3) Nonprescription medications are labeled with the child's name and the date the medication was brought to the Program. Nonprescription medication must be in the original container. Program employees will administer it only according to label direction. (4) Medication dispensed will be limited to routine oral ingestion not requiring special knowledge or skills on the part of Program employees. (5) Program employees must ensure medications are inaccessible to participants or, if it is necessary to keep medications in the refrigerator (when available), medications will be kept separate from food. 12 (6) Children who may require epi-pen injections due to severe allergic reactions must complete an Anaphylaxis Emergency Action Plan (AEAP) before their child starts the program. Staff will administer the epi-pen in case of emergency based on the instructions stated on the AEAP. C. Toilet Facilities (1) The Program site will have inside toilets located and equipped so children can use them independently and Program staff can supervise as needed. (2) There must be one (1) flush toilet for every 30 children. Urinals may be counted in the ratio of toilets to children, but they must not exceed 50% of the total number of toilets. (3) An appropriate and adequate number of lavatories will be provided. D. Sanitation (1) The Program facilities must have adequate light, ventilation, and heat. (2) The Program must have an adequate supply of water meeting the standards of the Texas Department of Health for drinking water and ensure that it will be supplied to the participants in a safe and sanitary manner. (3) Program employees must see that garbage is removed from buildings daily. 13 GENERAL PROGRAM INFORMATION Mission Statement: To ensure our participants have the opportunity to grow physically, emotionally, and mentally in a non-competitive, safe, and supervised environment. ASAS Goals ♦ To provide a fantastically fun day, every day, for each child. ♦ To help each participant realize his/her full potential. This means giving each child the opportunity to be creative and to grow. ♦ To develop each child's confidence, leadership, and achievements through participation in group activities. ♦ To help participants work and play together. This includes helping each child relate to others and recognizing the differences that make each person unique and special. ♦ To help develop friendships with the other children and ASAS Staff. ASAS Rules: ♦ Follow directions ♦ Listen to the staff ♦ Ask staff to go to the bathroom or leave an activity ♦ Be polite and courteous to all ♦ Be respectful to other participants and staff ♦ No foul or rude language ♦ No fighting ♦ Participate in activities ♦ No arguing - only discussions about problems ♦ No negative comments or attitudes directed towards anyone at ASAS Selection and Training: Everyone knows that good staff is the key to a great after school program, therefore, we look for the very best when we hire. 14 Characteristics that we look for in a staff member are: ♦ Good role model ♦ High moral values ♦ An outgoing personality ♦ Leadership abilities ♦ Experience working with children ♦ Desire to work with children Emergency Phone Numbers: PARD Front Desk 940-349-7275 Youth/Teen Administration 940-349-8732 940-349-8731 Registration Procedures Registration for City of Denton Youth Programs is on a first-come, first-served basis with limited enrollment. Registration must be completed by the child(ren)'s parent or legal guardian. Participant's Information Files Parents/legal guardians must complete a set of registration forms for each child. The registration forms must include the child's personal information, emergency information, authorized persons to release the child(ren) to, a medical release, and a liability waiver. A copy of these forms will be kept on file at the *Civic Center and a copy will be kept at the ASAS site. Parents are responsible for providing ASAS Staff or the *Civic Center office with updated information in writing. It is imperative that we receive updated information on change of home, work and cell phone numbers. All written correspondence regarding the child's absenteeism, change of phone number, tardiness, change of authorized pick-up, etc. will be kept on file for two years at the *Civic Center. Attendance Children who are enrolled in a Youth Program will check-in with their Leader upon arrival to the Program. The City is not responsible for a child(ren) until the child(ren) have been checked-in by the staff member at the van location for each school. 15 Please notify your child's teacher that they are in the after school program. This will ensure that the child will get to the designated ASAS site. It is imperative that the parent call to notify the staff that a child will not be at the ASAS program. Since we are picking up your children at several sites, we do not want to hold up picking up the rest of the children. When a child is absent, the parent should call and leave a message at 349-8732 to inform staff of the absenteeism. When you call please speak clearly and slowly and state the following information: child's name, the school they attend and the reason for the absence. Staff will not call parents to verify an absence if the child is not in attendance and the absence have not been logged at the office. Please call! Parents/legal guardians should keep track of scheduled activities of Programs. Parents/legal guardians need to take their child(ren) to the Program's locations when the child(ren) arrives late to the Program. Pick up Procedures and Schedule Each child will be picked up in a City labeled vehicle, it may be a car, or van. Each vehicle is clearly marked as a city vehicle. All pick-ups take place in the parent pick up line. This is usually in the front or side of the school. We send a list to the schools to let them know the names of the children we are picking up and the teachers get the children to the appropriate area. It is very important for you to let your teacher know this also in case the school office does not forward the information. The staff will stay for a maximum of 5 minutes but the children need to be promptly outside waiting for the van. The staff will not come back for children who miss the van. The children need to be at the pick-up site and stay until the transportation arrives. Children who wander around the school and come to the pick-up location late, will not be picked up after the van leaves. The following is the pick-up schedule for each site-the times are based on the school schedule of the release of students (most school release at 2:45pm this year). This schedule is subject to change without notice based on the number of students enrolled at each site: Denia: MLK: North Lakes: Borman 2:45 Rivera 3:00 Wilson 2:55 McNair 2:55 Providence 3:00 Ginnings 2:45 Ryan 3:05 Hodge 2:45 Evers 2:55 Houston 3:05 Lee 2:45 Ravzor 2:45 LA Nelson 2:55 Pecan Creels 2:45 Hawk 2:45 Cross Oak 3:05 16 Snacks Every day after school the program starts with roll call followed by snack time. Please pack an additional snack for your child for after school consumption. We do not have access to microwaves at any of the sites, so any food that requires heating will not be able to be eaten. Children will not be allowed to access the vending machines. Children will also be asked to clean up their area after snack time is over. Schedule of Activities The following is an example schedule for each day at the after school programs: ASAS 3:15 Meet in designated area in Recreation Center 3:20 Roll Call 3:25 Snack Time 3:45 Homework Time 4:15 Arts and Crafts, Cooperative Games, Sports, Field Trips, etc. 5:15 Free Play 6:30 Program ends In addition to daily activities, we include a field trip (bowling, skating), sport league (basketball, flag football, kickball) or special activity (i.e. bounce house, Brainy Bowl) each month and have a snack party at each site each month. We try to keep each participant busy and active at each after school program site. Behavioral Reports Behavioral reports are issued to children who continue to act inappropriately, are disruptive, or create a safety concern after receiving a warning and/or time-out. Parents are to sign each report and will receive a copy the following day after an incident. A child will be suspended for (3) three days after the third report and will be withdrawn from the program after the fourth report is received in a given semester or summer. Depending on the severity of the incident, suspension or termination may be enforced on the first occurrence. An example of immediate suspension or termination may be for fighting or leaving the area without supervision. All suspensions and terminations will have Parks and Recreation Department administration approval before being implemented. There will be no credit given or no refund given for a child that has been suspended or expelled from the program. 17 Parent Release/Sign-Out The registration form includes a section for the parent or guardian to provide the names of those persons allowed to pick up their child(ren) from the youth program. The following procedures will be followed at all times: (1) When a parent/guardian or authorized person comes to pick up the child(ren), they are to sign the child(ren) out. Honking or waiving for the child(ren) to come to the car is not acceptable. (2) Children are not allowed to sign themselves out of the program nor are they allowed to leave the site without being accompanied by an adult, parent, or guardian. (3) Until familiarity is established, picture identification will be requested. When an unauthorized person comes to pick up a child, the following procedures will be followed: (1) Leaders will ask for identification on anyone they are not familiar with. (2) The sign-out policy and the reason for it will be explained to the person desiring to take the child(ren). (3) The parent/guardian will be called at work or at home to inform them of the person on site asking to pick up their child(ren). The parent or guardian will be asked for their driver's license number also, to verify that staff is talking to the parent or guardian. (4) The parent or guardian will be asked to grant permission for their child(ren) to be released to the person on site. The parent or guardian will be asked to fax a signed permission letter to 349-8384. (5) Once permission is granted, the child will be released to the person on site. (6) If the parent or guardian cannot be reached or does not grant permission, the child will not be released to the unauthorized person. (7) If the unauthorized person takes the child(ren) without permission, the police will be notified and the situation will be handled as a criminal incident. 18 Adding Names to Sign Out Sheets If you need to add any person or persons to your child's sign out sheets, you can do one of the following: 1. Ask your ASAS Staff member to pull your blue card and add the person name to the authorization portion of the card. 2. Fax a note to the Youth/Teen Services office, 349-8384, stating who is being added to the sign out sheets along with your child's name, the site they attend and your signature. We must have the written permission to allow your child to leave with anyone that is not written on the blue card. Withdraw Procedures Any parent requesting to withdraw their child(ren) from ASAS must call 349-8732 or 349-8731 to notify us of the date that your child will no longer be attending ASAS. Telling the staff at the site does not waive the fees owed, you must call in to the office. Parents are responsible for the payment of fees, regardless of any absence of the child. For example, if you decide to withdraw from ASAS on October 15 you will still owe the $180/$140 fee. No credits will be given for children who drop from the program after paying the month in advance. For example, if you pay on November 3 but drop on November 20, no credit will be given for the remainder of the month. Any child(ren) withdrawn from the program may be readmitted only as space allows. The $40 non-refundable registration fee will be reassessed at that time. Illness of Participants Parents are responsible for informing the City of Denton of any special needs, concerns, or information regarding their child's health. All participants must be able to participate in the full range of activities offered. Any child meeting any of the following criteria will not be admitted to the Program: (1) The illness prevents the child from participating comfortably in the program activities. (2) The illness results in greater need for care than the staff can provide without compromising the health, safety, and supervision of the other children or staff. (3) The child has an oral temperature of 100.4 degrees or greater. 19 (4) The participant's symptoms and signs of possible severe illness to include, but not limited to lethargy, uncontrolled breathing, uncontrolled diarrhea, vomiting illness, rash with fever, mouth sores with drooling, wheezing, or behavior change, will not be admitted until medical evaluation indicates that the child can be included in the Program's activities. (5) The child has been diagnosed with a communicable disease until medical evaluation determines the child is no longer communicable. (6) The child vomited in the morning prior to coming to the program. (7) The child has discolored nasal discharge. Participants with extensive sunburns (open sores, blisters) will be allowed into the Program but will not be allowed to participate in any swimming activities until the area(s) is completely healed. Parents will be notified by phone if the participant becomes ill while at the program. If the parent cannot be reached, the emergency contact will be called. Any child experiencing a fever over 100 degrees, vomiting, diarrhea three times within two hours, or contagious skin or eye infections will be removed from common areas and should be picked up within one hour of contact with the parent. Parents must provide written statement from the doctor stating the child is free from contagious disease before returning after a contagious illness. Medical information may be faxed to 349-8384. In the event of critical illness or injury, proper medical personnel and parents will be notified. At the discretion of the medical personnel, the child may be transported to an emergency room or clinic by ambulance or by the parent. Parents will be responsible for any expenses incurred. Note: If a child has a temperature of 103 degrees or more and the parent is unavailable to pick up the child immediately, 911 will be called and the child will be transported to the hospital if the paramedics deem it necessary. Parents will be responsible for any expenses incurred. Child Abuse IT IS OUR OBLIGATION AS A CHILDCARE PROVIDER TO REPORT ANY SUSPECTED CHILD ABUSE TO THE CHILD PROTECTIVE SERVICES. 20 Medication The City of Denton Youth Programs will administer medicine only with written parental permission and will only administer medication as stated on the label directions or as amended by the physician. An Authorization & Administration Medicine Form must be completed for each prescription the child receives while at the Program. The forms are available at each ASAS site. Medications must be in their original container, labeled with the child's name, the date (if prescription), include directions on how to administer, and include the physician's name (if prescription). Medications requiring refrigeration must be noted on the medical form. Refrigeration of medication is available only at Programs held at the Civic Center. Inhalers and peak flows must have instructions. If a child needs an injection a special form must be completed along with detailed instruction from the child's physician on how to administer the injection. Over-the-counter drugs will be administered only when accompanied by a medicine form and are in the original container. Over-the-counter drugs will be administered by label directions only. Parents are responsible for removing medication at the end of the Program or when the child is withdrawn. Leaders are responsible for administering medication at the time indicated on the medicine form. Medications and the completed form will be kept in a lock box with each group. Children who may require epi-pen injections due to severe allergic reactions must complete a Anaphylaxis Emergency Action Plan (AEAP) before their child starts the program. Staff will administer the epi-pen in case of emergency based on the instructions stated on the AEAP. 21 Collection of Monies Fees must be paid in full; regardless of the number of days a child attends each month. Fees cannot be pro-rated. Payment for 2010/11 ASAS will be due on the following dates: ASAS Due at Registration $180* Aug./Sept. September 27-30 $140 October October 25-29 $140 November November 29-30 $140 December December 27-31 $140 January January 24-31 $140 February February 21-28 $140 March March 28-31 $140 April April 25-29 $180* May/June *additional $40 registration fee is also due at registration All field trips, supplies, parties and league fees are paid through the monthly registration fees. Only checks, money orders or cashier's checks will be accepted at the sites. NO CASH PAYMENT WILL BE ACCEPTED AT THE SITES! You can make cash and credit card payments at the Civic Center, 321 E. McKinney, Monday -Friday from 8am-5pm and the same due dates apply. If you wish to pay over the phone with your credit card you may call 940-349-7275 Monday through Friday from 8am-5pm. No payments will be accepted through the mail. Late Payments There will be a $20 late fee per child that will be added for all payments made after the last stated due date for each month. Delinquent Accounts Any account that goes more than three 3 days unpaid will be terminated from the program immediately and will be blocked from registering for any parks and recreation programs until the past due account has been paid in full. The person will be notified of their delinquent status by a delinquent card given to them at the site on the Monday after payments are due. The child(ren) will be dropped from the site if no payment is received within 3 days of the original last monthly due date. Any past due account more than 30 days unpaid will be referred for further collection processes. 22 Bad Checks Checks that do not clear the bank for any reason will be subject to a $27 NSF fee assessed by the City and a $20 late payment fee assessed by the Youth/Teen Services Division. TWO bad checks written in any one school year will result in no checks being accepted on the account. All payments will need to be made by money order only at the site. Cash, Visa, and MasterCard will be accepted at the Civic Center from 8am-5pm and all due dates will apply. Payment Receipts A receipt must be given to each parent/guardian for the monthly payments. It is the responsibility of the parent/guardian to keep all receipts for at least 6 months after the date of the receipt. It is the parent/guardian responsibility to provide proof of payment if requested by administrative staff. If a monthly payment is in question and no copy of the receipt is given, it will be the responsibility of the parent or guardian to pay that delinquent monthly payment along with the late fees assessed. Please do not make a payment with a check or money order without receiving a receipt from a staff member. Transportation The participant to staff ratio, 14:1, will be adhered to at all times when transporting participants. Participants may be transported only by City vehicle or any vehicle designated by the City. Participants may not be transported to and from activities or home by staff's personal vehicles. All children will wear seat belts and be in booster seats if less than 8 years of age while being transported with the exception of commercial vehicles that do not offer seat belts. Any child who takes their seat belt off or causes great disruption in the vehicle will receive an automatic discipline report or immediate suspension from the program. Dress for Play We keep the kids very busy and we highly recommend the children wear tennis shoes each day to ASAS or keep tennis shoes in their back pack. Children may not be able to participate in certain high energy activities if they are wearing sandals or flip-flops in order to maintain their safety. Field Trips/Special Activities Each month we will have a field trip or a special type of entertainment at the site (i.e. 23 cotton candy, bounce house, party), which is included in the price. The date of the field trip or special activities will be stated on the monthly newsletter. If a child misses this day, there will be no make-ups or credits given. We will give you advance notice of the field trip the week before the trip is to take place. This information is also listed on our monthly activity calendar on the back of your newsletter. If needed, a parent/guardian will be asked to sign a permission form for their child(ren) to attend special field trips. Please do not send large amounts of spending money with your child(ren) on field trips. The City is not responsible for items lost during field trips. Weather Policy for Field Trips If there is bad weather or dangerous road conditions, we will cancel all field trips and athletic games and reschedule the activity at a different time. Parents/Guardians may call 349-8732 after 2:00pm to see if we have canceled athletic games or field trips. There will be a 24-hour re-schedule notice for all new trip dates. Weather Policy at the ASAS Site If severe weather exists in the area such as a tornado, fire, flash flood or hail storm. The recreation center emergency procedures will be in effect. In the case of a snowstorm, or icy road conditions, we may close down the sites early. We will try to call as many parents as possible but please leave work early or provide other arrangements for pick up when these severe conditions exist. Athletic Leagues ASAS offers Flag Football in the Fall, Basketball in the Winter and Kickball in the Spring. These leagues are open to boys and girls at each site. Dates of the leagues are posted in the monthly newsletter and their leaders ask children if they want to play and then put on a roster. Practices are held twice a week and games are played at their home site and away games are played at other ASAS sites. Brainy Bowl ASAS offers an academic type competition for all grade levels. This takes place in January and February. The competition features questions for each grade level with teams advancing to a championship bowl. Movies ASAS periodically show movies at the sites, but mostly "G" rated movies will be shown at all ASAS sites. If a staff member has previewed the movie a "PG" movie may be shown. 24 Parent/Child Communication When a parent needs to contact their child at the Program, for emergency reasons only, the parent must call the Youth/Teen Administrative office and they will contact the child's ASAS staff to give the message. Important Phone Numbers Youth/Teen Services Manager 940-349-8732 SPTO Program Manager 940-349-8731 Late Fees The ASAS hours are from the time school lets out until 6:30pm every day that school is in session. The following late fee policy is in effect each month: 1St Late Pick up in the month: If a child is not picked up by 6:30pm a late charge of $10.00 per child will be charged until 6:45pm. After 6:45pm parents are charged an additional $1.00 per minute. 2"d Late Pick up in the month: If a child is not picked up by 6:30pm a late charge of $20.00 per child will be charged until 6:45pm. After 6:45pm parents are charged an additional $2.00 per minute. 3'd Late Pick up in the month: If a child is not picked up by 6:30pm a late charge of $40.00 per child will be charged until 6:45pm. After 6:45pm parents are charged an additional $4.00 per minute. Each time a child is picked up late within the month the late fees doubles for the second incident then the third and so on. Payments for late fees are due at the time of pick-up. At 6:45pm, if the parents have not picked up the child, emergency contacts will be called. If your child is not picked up by 8pm and we are unable to reach the parent/guardian or emergency contacts are unable to pick up your child, the child will be taken to police services and processed by child protective services. Arrangements for other individuals to pick up participants by 6: 30pm may be made by adding these individual names to the registration card at the checkout table. 25 Discipline Our policy is a "Positive Discipline" philosophy. A few techniques are listed below. Prevention of problems is a key to a happy school year for both leader and participant. Use of positive reinforcement Always use discipline, never punishment If a participant breaks the ASAS rules, the following consequences will be administered: 1St Warning = A clear message. Tell the child what they did wrong and why it was wrong. 2"d Warning = "Time Out". Child is taken out of the game or activity and must sit down away from the group. Time out should not be for more than five minutes. 3'd Warning = Restate what the child did wrong, why it was wrong and what will happen if it occurs again. Incident report will be written up and parent notified at pick up. 4th Warning = Staff will take the time to discuss behavior with the child, followed by 10 minutes of time out. 1 st Discipline report written and parents notified at pick up. Stn Warning = The Recreation Specialist should be notified and they will take the child aside and try to redirect their "energy". A 2"d Discipline report will be written and the parents notified that the next discipline report will result in a 3-day suspension. 6th Warning = On the 3rd discipline report a child is sent home and suspended for 3 days. The Youth/Teen Services Manager must be notified and approve the suspension. 7th Warning = Dismissed from program for the remainder of the year. Each participant at the beginning of the school year is told all the rules and consequences. If a serious incident takes place (i.e. injury to another participant or staff) the child may be sent home immediately without going through the steps listed above. Children may be suspended at any point in time at our discretion depending on the seriousness of the incident. 26 Incident reports and discipline reports will stay in effect until December school break. At the beginning of the New Year in January all students will receive a clean slate and begin the year anew. Children want and need limits and they draw security from knowing what is expected from them at all times and knowing what will happen to them if they choose to break the rules. We want all children to enjoy the program and to stay in the program. Please contact one of the administrative staff if your child is experiencing any difficulties in or with the program. Parental/Guardian Conduct Parents/Guardians need to address issues and concerns in an appropriate manner to the staff and at no time are the parents/guardian allowed to address a discipline issue with another ASAS participant at the ASAS site. All discipline issues are handled by ASAS staff. If you do not feel like your issue has not been resolved by an ASAS staff member, please call the Youth/Teen Administrative office at 349-8732 or 349-8731. It is unacceptable for a parent/ guardian to express hostility in any manner toward an ASAS staff or ASAS participant. This will result in the immediate suspension of your child from the program and possible police intervention. Weapons A child found with any object deemed to be dangerous to themselves or others will be suspended immediately from the ASAS program. The parent will be called at work and must pick up the child from the site immediately. The principal from the school the child attends will be notified as well as the police. Fire AlarmlCalls to 911 A child found calling 911 or pulling the fire alarm for non-emergency reasons will be suspended immediately from the ASAS program. The parent will be called at work and must pick up the child from the site immediately. The principal from the school the child attends will be notified as well as the police. Any costs incurred will be the responsibility of the parent/guardian. Missing Extensive Time at ASAS Payment is due each month whether or not your child is attending on a full time daily basis. For example: if your child does not attend the entire month of October, you will still be obligated to pay the October fees in full by the regular due date. All children are signed up on a full time basis for the entire time that their respective 27 school is in session. You may withdraw your child from the program if you will not be attending for a specific time period, but you would have to re-enroll and pay the registration fee again. If there is a waitlist at the particular site that you withdrew from, than you will be put last on the waitlist. Due to the large demand for our after school programs, if a child misses two consecutive months at any given time, that child will be withdrawn from the program. You will have to re-enroll and pay the registration fee again if you need the care at a later date. If there is a waitlist at the particular site that you were withdrawn from, than you will be put last on the waitlist. Early Release Days We provide ASAS care for the dates listed as early release in the DISD 2010/11 school calendar. For the 2010-11 school year early release days will be: October 4-8, June 2. We will not provide care for any additional days that are not listed in this parent manual. Kids Day Off (KDO) and Holiday/Spring Break Camp: We offer full day care at the Civic Center the days that school is not in session. This care is held at the Civic Center from 7am-6pm at a cost of $25 per day. You must sign up at the Civic Center, 321 E. McKinley, for these KDO's. Please register early since space is limited. The following is the KDO schedule for the 2010/11 school year at $25 per day: Monday, October 11 Monday, November 22 Tuesday, November 23 Wednesday, November 24 Monday, January 3 Monday, January 17 Friday, April 27 Friday, May 27 Friday, June 3 28 Holiday Camp: $25 per day Monday, December 20 Tuesday, December 21 Wednesday, December 22 Thursday, December 23 Monday, December 27 Tuesday, December 28 Wednesday, December 29 Thursday, December 30 Friday, December 31 Spring Break Camp: $25 per day Monday, March 14 Tuesday, March 15 Wednesday, March 16 Thursday, March 17 Friday, March 18 Trips: Each KDO we have a field trip from 9am-4pm in the DFW area and some examples of field trips are LaserTag, Chuck E. Cheese, Movies, Celebration Station, etc. From 4- 5pm we offer arts and crafts and cooperative games for the children and from 7am- 9am and 5pm-6pm is supervised free play. During camps, we also have a field trip scheduled each day. Please do not drop off your child any later than 9:00am on KDO and Camp days. The children will be leaving by 9am. It is your responsibility to take the children to the scheduled field trip if you arrive after 9am. Credits for KDO's: You can receive a credit for the KDO that your child will not attend if you give us a full 24 hours business day notice. For example, if your child is to attend on a Friday, you must call by 5pm on Wednesday in order to receive a credit. You must report that your child is going to be absent in order to receive a credit-this does not apply if you are reporting that your child might be absent. We cannot credit for illness or other family situations. Credits for Holiday/Spring Break Camps: You can receive a credit for the camp that your child will not attend if you give us a full 24 hours notice. For example, if your child is to attend on a Tuesday, you must call by 5pm on the previous Friday in order to receive a credit. You must report that your child is going to be absent in order to receive a credit-this does not apply if you are reporting 29 that your child might be absent. We cannot credit for illness or other family situations. No cash/check refunds are given for KDO's or Holiday/Spring Break Camps only credits on the account will be applied. These guidelines may be subject to change throughout the school year in order to better operate the program. All participants will be notified in writing of any changes made and the date that the changes will be in effect. Please call the Youth/Teen Services Administrative offices for any questions or concerns you may have regarding the ASAS Program at 940-349-8732 or 940- 349-8731. 30 APPENDIX II Criminal Offenses from the Texas Penal Code The following constitute criminal offenses included in the Texas Penal Code, Sections 19-25 and Section 43: Title: 5 Offenses Against the Person Ti Murder Capital murder Voluntary manslaughter Involuntary manslaughter Criminally negligent homicide False imprisonment Kidnapping Aggravated kidnapping Rape Aggravated rape Sexual abuse Se Aggravated sexual abuse Homosexual conduct Public lewdness Indecent exposure Rape of a child Sexual abuse of a child Indecency with a child Assault Aggravated assault Sexual assault Aggravated sexual assault Deadly assault on a peace officer Injury to a child or an elderly individual Reckless conduct Terroristic threat Aiding suicide Tampering with consumer products tle 6. Offenses Against the Family Bigamy Incest Interference with child custody Enticing a child Criminal non support Sale or purchase of a child Solicitation Harboring a runaway child Violation of a court order ction 43. Public Indecency Prostitution Promotion of prostitution Aggravated promotion of prostitution Compelling prostitution Obscene display or distribution Obscenity Sale, distribution, or display of harmful material to a minor Sexual performance by a child Parks, Recreation and Beautification Board Minutes October 4, 2010 Civic Center Community Room DRAFT Members present: Carol Brantley, Vicki BNTd, Alex Lieban, Derrick Murray, Dave Rowley, Jennifer Wages Members absent: Janet Shelton Staff present: Emerson Vorel, Amanda Green, Bob Tickner, Maly Aukerman, Kathy Schaeffer REGULAR MEETING 1. CALL TO ORDER - Derrick Murray, Chairperson, called the meeting to order at 6:00 p.m. 2. APPROVAL OF MINUTES OF September 13, 2010 MEETING: Murray asked the Board if there were any changes to the minutes from the September meeting. Hearing none, Rowley made a motion that the minutes be accepted as written, Brantley seconded the motion and it carried with a vote of 6-0. 3. AWARDS AND RECOGNITIONS: - None 4. ACTION ITEMS: A. No Smoking on Playgrounds Ordinance - Vorel stated that Councilmember Heggins asked the Parks and Recreation Department to consider prohibiting smoking on playgrounds in all City parks. Vorel explained to the Board that after discussions with staff and the City's Legal Department, it was decided that a playground area would be defined by the concrete barrier or perimeter that keeps the wood chips contained and that a smoker would have to be 25 feet away from that barrier on any side of the playground. Some discussion was had as to whether smoking should be prohibited in all parks areas, but it -,vas agreed that that would be too restrictive especially at large events held in the parks. Brantley asked if Vorel knee- what other towns were doing in this regard, to which he said that they did not review other cities' policies. Murray felt that it may put parents using tobacco products even farther away when tiying to supervise their children using the playgrounds. Lieban asked if new signage would designate that as a non-smoking area and Vorel confirmed. Byrd asked if there was money in the budget for the new signage. Vorel said that the signs would be erected in increments. MOTION: Bvrd made a motion to end the discussion and proceed with the voting. Wages seconded the motion and Murray asked for a motion to vote. Brantley moved that the Board approval the recommendation to prohibit the use of tobacco products within 25 feet of playgrounds in all parks. Lieban seconded the motion. The motion carried with a vote of 5-1. B. Denton Standards of Care 2010-2011 - Schaeffer explained that since 1999 the City's recreational care opportunities operated with a Standards of Care. In the last Texas legislative session, it -,vas mandated that these Standards of Care for municipalities had to be updated and presented with an ordinance to the City Council each calendar year. Schaeffer explained that the City of Denton's Standards of Care are more rigid than what the state calls for, i.e. the state ratio of 1 care giver to 25 children is exceeded by the City's 1:17 ratio. She also pointed out that the programs operated by the City are recreational in nature and are not day care programs, so they do not need licensing. Care for children below the age of 5 have to be licensed by the state, such as those at MLK, Denia and North Lakes. This year the changes were the inclusion of administering the Epi-pen for participants with allergies, eliminating the Youth/Teen Services Recreation Specialist responsibilities (frozen position) and reassigning them to the Youth/Teen Services Manager and Program Area Manager, and eliminating all DISD sites since they are not used by the CitN Lieban asked if child booster seats were used, to which Schaeffer replied that all participants below the age of 8 have to be in a booster eat. MOTION: Murray asked for a motion to approve the recommendation for the Denton Standards of Care for 2010-2011. Wages made the motion, Rowley seconded the motion and it carried with a vote of 6-0. C. Dissemination of Park Board Packets - Aukerman stated that historically, the packets have been emailed and a printed copy mailed at the post office. At last month's meeting, it was suggested that the packets continue to be emails, but that printed packets be available at each meeting and not mailed to the individual homes. When it was brought up that a confirmation be sent to Aukerman when each Board member receives the packet, Murray stated that most email servers allow for an automatic deliver or read message be returned to the sender. Aukerman will test that out this week. MOTION: Rowley made a motion send the Park, Recreation and Beautification Board packets by email as a PDF (electronic deliveiy) and to have printed copies available at each meeting, Brantley seconded the motion and the motion carried with a vote of 6-0. 5. DISCUSSION ITEMS: A. Proposed 2011 Meeting Dates for the Parks, Recreation and Beautification Board - Vorel explained that the Park Board currently meets on the first Monday of each month as outlined in the proposed schedule. A few exceptions are made to accommodate City holidays and requests by the Board. The City Secretary needs the proposed schedule for the next calendar year by the end of November the schedule will be put as an Action Item at the November meeting. B. Park Foundation Duck Race Fund Raiser - Vorel explained the first Duck Derby by the Park Foundation was a success with approximately $7,000 being raised. It is the intent of the Park foundation to hold this event on an annual basis and may include a fun run (Duck Waddle) in the future. 6. OTHER BUSINESS: A. Parks Department Projects Status Report Briercliff Park Design and Development Project - This park project is almost completed. The playground is up and being used and the multi-purpose court will be ready soon. Denton Branch Rail Trail Bridges Project - The City contract is set to be submitted to the City council on October 19~'. Tickner stated that the public meeting held in September was very successful. B. Public Art Committee Meeting Minutes Draft - Vorel stated that the Harmony sculptures of 2 herons by George Cadell were installed in South Lakes Park and can be seen from the road alongside the park. After the first of the year, Vorel will ask the local newspaper to do an article on Public Art and will include the Cadell crane sculptures. With no further items on the agenda, Murray asked for a motion to adjourn the meeting. Brantley made the motion to adjourn, Lieban seconded and the meeting was adjourned at 6:46 p.m.