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February 19, 2002 Agenda
AGENDA ~a ,,,~ __.,~~._ CITY OF DENTON CITY COUNCIL February 19, 2002 After determining that a quorum is present, the City Council will convene in a Work Session on Tuesday, February 19, 2002 at 4 30 p m m the Council Work Session Room at City Hall, 215 E McI<huney SWeet, Denton, Texas at which the following items will be considered 1 Receive a report and hold a discussion regarding the results of the citizen survey 2 Receive a report, hold, a discussion, and give staff direction regarding a progress report for the Denton County Transportation Authority 3 Dlscuss and give staff direction concerning the adoption of an ordinance of the City of Denton, Texas, presenbmg regulations regarding notice to be provided the City and its residents of a gas utdlty's statement of intent to increase rates, providing certain procedures for publication of notice of a statement of intent to increase rates, providing that this ordinance is cumulative, providing a severablhty clause, and providing an effective date , 4 Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of February 19, 2002 Following the completion of the Work Session, the Council will convene in a Closed Meeting at 5 30 p m 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 at 5 30 p m and will convene~ at the time listed below for its regular or special called meeting The Cxty 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 1 Closed Meeting A Personnel Matters - Under TEXAS GOVERNMENT CODE Section 551 074 1 Evaluation of Municipal Judge 2 Evaluation of City Attorney 3 Evaluation of City Manager B Deliberations regarding certain public power utilities competitive matters --- Under TEXAS GOVERNMENT CODE Section 551 086, Consultation with Attorneys --- Under TEXAS GOVERNMENT CODE Section 551 071 1 Receive confidential competitive public power business and financial information and data by Staff relating to expansion issues, scenarios, and acquisition of infrastructure regarding Denton Municipal Electric ("DME"), consultation with the City's attorneys regarding these matters, and discuss, deliberate, consider, and provide Staff with direction regarding such matters City of Denton C~ty Council Agenda February 19, 2002 Page 2 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 GOV'T CODE, §§551 001, ET SEQ (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 C~ty of Denton C~ty Council on Tuesday, February 19, 2002 at 6 30 p m in the Cotmefl Chambers at C~ty Hall, 215 E McKmney Street, Denton, Texas at which the following ~tems will be considered 1 Pledge of Allegxance A U S Flag B Texas Flag "Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and indivisible" PROCLAMATIONS/PRESENTATIONS 2 Proclamation for Severe Weather Awareness Week 3 February yard-of-the-Month Awards 4 Re¢ogmt~on of staff aecomphshments CITIZEN REPORTS 5 ~3erard Hudspeth regarding Cotmcfl procedure for c~t~zen reports 6 Wflhe Hudspeth regarding Council procedure for c~t~zen reports 7 Peterma Washington regarding issues w~th the Parks and Recreation Department 8 Nell Yeldell regarding two ~ssues dealing w~th Denton Housing Section 8 and the h~gh cost of flood (plato) insurance 9 Ross Melton, Jr regarding the budget and code enforcement C~ty of Denton City Council Agenda February 19, 2002 Page 3 CONSENT AGENDA Each of these items ~s recommended by the Staff and approval thereof will be smetly on the bas~s of the Staff recommendations Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance w~th the Staff recommendations The City Council has received background information and has had an opportunity to rtuse questions regarding these ~tems prior to consideration Listed below are b~ds, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items 10 - 31) This hstmg ~s provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda If no ~tems are pulled, Consent Agenda Items 10 - 31 below will be approved with one motion If ~tems are pulled for separate d~scuss~on, they will be considered as the first ~tems following approval of the Consent Agenda 10 Consider approval of the minutes of January 15, 2002 11 Consider a request for an Exception to the Noise Ordinance for the purpose of an outdoor music festival known as the Mark Fearing Benefit Concert scheduled for Sunday, March 3, 2002 during the hours of 1 p m to 7 p m at the North Texas State Fair Grounds Specifically, the request is for an exception to the hours of operation 12 Consxder adoption of an ordinance of the C~ty of Denton, Texas, granting, pursuant to Section 20-1 5(a)(2) of the Code of Ordinances of the C~ty of Denton, Texas, an exception to the hm~tat~ons ~mposed by that section with respect to hours of operation of an amphfied loudspeaker system, and setting an effective date (Denton Arts & Jazz Festival) 13 Consider adoption of an ordinance of the City of Denton, Texas, authorizing the Mayor to execute an Interlocal Cooperation Agreement by and between the City of Denton, Texas and the County of Denton, Texas pertaining to the maintenance respons~bthties of the City regarding certmn County roads adjacent to the City's Lake Ray Roberts Water Treatment Plant, authorizing the expenditure of funds therefor, and prov~ding an effective date 14 Consider adoption of an ordinance approving an mrport lease agreement between the City of Denton and US Fhght Academy for use of a portion of the Denton Municipal Airport for commercial hangar/office and related services, and provldmg for an effective date 15 Consider adoption of an ordinance d~rectmg the ~ssuance and publication of Notice of Sale of C~ty of Denton General Obhgat~on Bonds, and providing for an effective date 16 Consider adoption of an ordinance directing the pubhcat~on of Notice of Intention to issue Certificates of Obhgat~on of the C~ty of Denton and providing for an effective date 17 Consider adoption of an ordinance authorizing the financing for three Refuse Trucks, three Dump Trucks, a Landfill Compactor, a Rubber T~re Wheel Loader and a Street Sweeper with Government Capital Corporation through a lease/purchase financing agreement, providing for the expenditure of funds therefore, and prowdmg an effective date (File 2807 - 2002 Equipment Lease Purchase Agreement, approximate finance charges $96,797) City of Denton City Council Agenda February 19, 2002 Page 4 18 Consider adoption of an ordinance of the City of Denton authorizing the City Manager or bas designee to execute a purchase order with Houston-Galveston Area Council of Governments (H-GAC) for the aeqtusitlon of a street sweeper by way of an Interlocal Agreement with the City of Denton, authorizing the expenditure of funds therefore, and providing an effective date (File 2808 Interlocal Agreement - Purchase Order to H-GAC in the amount of $138,034 19) 19 Consider adoption of an ordinance of the City of Denton, Texas anthonzmg the e~pendlture of funds for the annual payment of the Ray Roberts Lake Operation and M~untenance Expense, and prowdmg an effective date (Check Request dated 1-23-02 to Finance and Accounting Branch, USAED, Ft Worth ~n the amount of $37,438 06) 20 Consider adopUon of an ordinance of the City Council authorizing the C~ty Manager or his designee to execute an agreement for deslgnPoufld services for the construction of an air traffic control tower between the City of Denton and Wayne Allen Construction Inc, providing for the expenditure of funds therefore, and prowdIng an effective date (RFP 2'758 - Design/Build of A~r Traffic Control Tower, ~n the amount of $1,015,421 00 awarded to Wayne Allen Construction, Inc ) 21 Consider adoption of an ordinance of the C~ty of Denton, Texas authorizing compeUt~ve b~ds and awarding a pubhc works contract for the construction of site work, foundauon, ground grid, conduit system and fencing for the Industrial Substation, providing for the expenditures of funds therefore, and prowdang an effective date (Bid 2795 - Industrial Substation S~te Work, awarded to Can-Fer Construction Company, in the amount of $259,900) 22 Consider adoption of an ordinance of the C~ty of Denton authorizing the C~ty Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Governments (H-GAC) for the acqtusltlon of three ndmg mowers by way of an Interlocal Agreement with the City of Denton, anthonzmg the expenditure of funds therefore, and providing an effective date (Interlocal Agreement - Purchase Order 103110 to H-GAC in the amount of $47,730 91) 23 Consider adoption of an ordinance of the City Council of the C~ty of Denton, Texas approving payment for the repair of the ~rngation system ~n the Landfill Buffer Zone, providing for the expenditure of funds therefore, and prowd~ng an effective date (Purchase Order 103208 - Dentex Lawn Sprinkler Company in the amount of $36,492) 24 Consider adoption of an ordinance accepting compeutlve bids and awarding an annual contract for the installation of chain link fence and gates, provid~ng for the expenditure of funds therefore, and providing an effective date (B~d 2780 - Chain Link Fence and Gates, awarded to Hurricane Fence Co ~n the esUmated amount of $75,000) 25 Consider adoption of an ordinance of the City Council of Denton, Texas, authorizing the C~ty Manager or bas designee to execute a one-year extension to the Depository Serwces Contract with Texas Bank, and providing an effecuve date Caty of Denton Caty Councal Agenda February 19, 2002 Page 5 26 Consider approval of a resolution authorizing the Caty Manager to execute an Interlocal Agreement w~th the Umvers~ty of North Texas to enable an exchange of right-of-way to allow the abandonment of Edwards Street between Avenue D and Avenue E, and the reroutmg of Chestnut Street to accommodate the construction of a new Student Recreataon Center, and declarmg an effective date thereof 27 Consider adoption of an ordmance abandoning and vacating the right-of-way of Edwards Street between Avenue E and Avenue D and vacating the right-of-way for the partml abandonment and reroutmg of Chestnut Street between Avenue E and Avenue D to accommodate the constructaon of a new Student Recreation Center at the Umverslty of North Texas, and declanng an effective date thereof 28 Consader adoptaon of an ordinance approving the purchase of a 0 568 acre public ntday easement and a 0 354 acre temporary construction easement between the C~ty of Denton and Jeffrey W Noe and Jeame T Noe, easements located an the J Cheek Survey, Abstract No 227 and the H Wflham Survey, Abstract No 1417, Denton County, Texas, authorizing the expenditure of funds therefor, and promd~ng an effective date (Lake Ray Roberts Water Transmlssaon Lane Project) 29 Consider adoptaon of an ordinance amendang Chapter 29 of the Code of Ordanances of the C~ty of Denton, Texas to provide for the adoption of the International Fare Code, 2000 edition, providing for amendments thereto, re-estabhshang permit fees, prowd~ng tora penalty m the mount of $2,000 for violations thereof, repealing fire lane Ordinance No 87-168, prov~ding for a severablhty clause repeahng all ordinances ~n conflact therewith, and promdmg for an effectave date 30 Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute a bill of sale and sales agreement by and between City of Denton, Texas, as purchaser, and Denton County Electric Cooperanve, Inc d/b/a CoServ Electric, as seller, for acquls~tion of electric infrastructure improvements to the Vintage, a development w~th~n the City of Denton, Texas, authorizing the expendaure of funds therefor upon express cond~tion, and providing an effective date 31 Consader adoptmn of an ordinance of the C~ty Cotmml of the City of Denton, Texas authorizing the C~ty Manager to execute Change Order Number Four to the contract between the City of Denton, Texas and Archer Western Contractors, Ltd, provadmg for an increase m the scope of work and an increase an payment amount, provadang for the expenditure of funds therefore, and providing an effective date (Ordinance No 2001-192, Bad No 2612 - Lake Ray Roberts 20 MGD Water Treatment Plant awarded to Archer Western Contractors, Ltd m the amount of $35,785,257, plus Change Order Number Four m the amount not to exceed $1,006,626 31, for installation of raw water supply p~pehnes and related fac~ht~es thereto for a total revised contract amount of $36,791,883 31) Cxty of Denton C~ty Counml Agenda February 19, 2002 Page 6 ITEMS FOR INDIVIDUAL CONSIDERATION 32 Consider adoptxon of an ordinance of the Cxty of Demon, Texas authonmng the expenditure of funds for payments by the C~ty of Denton for Electrical Energy Transmxssxon fees to those hsted c~t~es and utd~t~es providing energy transm~sston serwces to the Cxty of Denton, and providing an effective date (PO 102964 to TXU Electric Transmass~on D~v, and PO 102963 to C~ty Pubhc Services, m the total amount of $85,847) 33 Receive Certfficat~on of a Recall Petition from the Cay Secretary and give staff d~rect~on 34 Consider nomtnat~ons and appointments to the Cxty's Boards and Comm~ssxons 35 New Business Thxs ~tem prowdes a section for Councxl Members to suggest ~tems for future agendas or to request ~nformatlon from the Cxty Manager 36 Items from the C~ty Manager A Notfficat~on of upcoming meetings and~or conferences B Clarification of ~tems on the agenda 37 Possible Continuation of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 38 Official Action on Closed Meeting Item(s) under Sectmns 551 071-551 086 of the Texas Open Meetings Act CERTIFICATE I certify, that the above not,ce of meeting was posted on the bullenn board at the C~ty Hall of the C~ty of Denton, Texas, on the day of , 2002 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 ~.)~,ia ~- ~'--' AGENDA INFOI:IMATION $ItEET AGENDA DATE: February 19, 2002 DEPARTMENT City Manager's Office CM: Michael Conduff, City Manager Receive a report and hold a chscussion regarding results of the cmzen survey The City of Denton hired Raymond Turco & Associates in November of 2001 to conduct the 2001 Citizen Survey The Survey was telephone based and used Random Digit Dlahng to create a sample size of 401 respondents distributed among the four council districts The 2001 Citizen Survey will serve as a basehne for comparison to future surveys, an aid in the deternunaUon of current and future policy decisions, a tool to couple with departmental specific surveys, a snapshot of citizen attitudes, and an reformative medium to aid Council in the selection of 2002-2003 budget priorities The 2001 Citizen Survey executive summary is attached PRIOR ACTION/REVIEW ¢Couneil. Boards. Commissions) November 16, 2001 - Friday reading file item notifying the City Council that the survey would be conducted FISCAL INFORMATION 2001 C~t~zan Survey February 19, 2002 Page 2 Betty Wflhams D~rector of Management and Pubhc Information Prepared By Robert Hanna Management Assistant Attachraents 1 2001 C~t~zen Survey executive summary 2 EXECUTIVE SUMMARY The C~ty of Denton commissioned the pubhc op~mon research firm of Raymond Turco & Associates to conduct ~ts per,odin survey of c~bzen attitudes and to evaluate public op~mon Issues that were studied regarded c~ty services, employee relabons, c~ty- related inibatives and other topics impacting the c~ty The ~nformabon gathered w~ll allow elected officials and c~ty staff to better understand how the general c~t~zenry views ~ssues such as city serwces, customer service, future pubhc ~mprovements and overall sabsfaction w~th life ~n Denton Additionally, th~s "benchmark" survey w~ll enable future surveys to be compared so that future trending can be imbated The telephone survey ~ncluded the responses of 401 individuals Below are hsted the h~ghlights from our analysis of the project GENERAL ATTITUDE$ ABOUT DENTON More than 9 ~n 10 (94%) residents were e~ther satisfied (61%) or very sabsfled (33%) w~th the quahty of life ~n their community, compared w~th 5% who were d~ssabsfied (4%) or very dissatisfied (1%) (F~gure 1) Th~s equates to a sabsfact~on rabo of nearly 19 satisfied residents to 1 dissatisfied individual In addition, approximately one-half of respondents (49%) beheved that Denton had ~mproved as a community during their residency, followed by 35% who rated it the same, 13% who rated it worse, and 3% who had no op~mon (Figure 2) The ratio of ~mproved to worse percepbons was 3 8 to 1 Satisfaction With the Quality of Life In the Community Ossatisfied Very D~ssatlsfled Very Saflshed 33% Satisfied 61% Figure I - Sat~sfacbon w~th the quality of hfe ~n the community Attitudes Toward the City of Denton as a Community During Reapondent's Residency No Opinion Worse 3% 13% ~ Improved 49% 35% Figure 2 - Attitudes toward the City of Denton as a commumty dunng respondent's residency Fifteen percent of respondents sampled considered themselves very acbve in the community, w~th 41% indicating that they stayed somewhat ~nformed Comparatively, 19% said they became involved when issues affected them, and 24% just I~ved m the c~ty (Figure 3) In a related question, 58% rephed that they voted always (31%) or often (27%) in c~ty-related elections, compared to 42% who ;nd~cated voting seldom (19%) or never (23%) (F~gure 4) Respondent Level of Activity within the City of Denton Just Live ~n the Very Acbve City 15% 24% Involved when Somewhat Affected by Informed Issues 42% 19% Figure 3 - Respondent level of activity w~th~n the C~ty of Denton 2 Frequency of Voting In City Elections Never Always 31% Seldom Often 19% 27% Figure 4 - Frequency of voting in City Elections Denton's universities and colleges (13%) and good public schools (12%) were the most frequent positive aspects that respondents would commumcate to friends considering a move to Denton Additionally, 12% would comphment the c~ty for ~ts small-town atmosphere and 10%, general positive remarks or that ~t was a friendly community The most ~mportant issue facing Denton, according to residents, was growth (32%), as ~t was named almost twice as often as the next leading msue, street cond~bons (17%) Also, 11% c~ted economic development, 8% traffic, and 5% pubhc school ~ssues and ubht~es/hlgh taxes (Figure 5) The Most Important Issues Facing Denton Put, k: Transportatton~ Zoning Issues No Prob~erns Crime/Drug~ I 4% ~ 2% /- 2,,/0 Vandalism ~. / / Growth Utilities I I'igh Taxes PUblio ~::hool~s% Issues 5% 8% - kescell~neous ~/ Issues ~ ~ Street Conditions 10% / -- 17% E~3onoITIc Development 11% Figure $ - The most ~mportant msues facing Denton 3 Survey findings ~nd~cate 2 ~n 3 (66%) residents had a computer ~n their home (42% both and 24% home) from which they could access the ~nternet, and 47% ~n their office (42% both and 5% office) (F~gure 6) The percentage that sa~d they did not have a computer was 28%, wh~le 1% refused to answer the quesbon Additionally, 2 ~n 5 residents (41%) ~nd~cated that they had ws~ted the c~ty's web s~te, compared to 57% who acknowledged not having ws~ted the web s~te (F~gure 7) Computer At Home Or Office With Internet Acceadblllty Home only No computer 24% 28% Office only 5% 43% Figure 6 - Computer at home or office with Intemet accessib,hty Have You Ever Visited The City's Web Site? Don~ remember 2% Yes ~41% No 57% -- Figure 7 - Have you ever welted the C;ty's Web S~te? The three primary sources most ubhzed by residents to get ;nformabon about Denton were local newspapers (86%), word of mouth (79%), and local TV stat;ons (60%) The remainder of the sources were used by less than half the sample, and most ranked close to one another 47% used the c;ty cable channel, 40% newsletters, 40% c~ty 4 hbranes, 35% radio, 35% the c~ty web s~te, 32% the c~ty council, and 25% the city staff (F~gure 8) Sources Utilized To Get Information About Denton 90 86 ?o 40 ~ , ~ ~ ~32 Flgu~ 8 - ~our~s ~lliz~ to get inform~ion about Denton The three most u~ful sour~s for finding out about ~afs going on in Denton, a=rdlng to useful ratings, were newsle~em (61%-29%, 2 1 1), parks/lib~ weekly newspaper ~lumn (60%-29%, 2 1,1), and utility bill stuffers (60%-33%, 1 8 1) The five other souras rated useful by 50% or higher were cable television Channel 26 (55%- 37%, 1 5 1), city staff (54%-34%, 1 6 1), City Council (54%-34%, 1 6,1), City Vle~, the clW's half p~ge ne~pap~r adve~isement (52%-35%, 1 5 1), and televised city muncll meetings (50%-34%, 1 5 1) CITY CHARACTERISTICS AND CI~ SER~CES More than 4 of 5 residents held ~sltlve (good or excellent) opinions about Se fire depa~ment (89%), gaSage ~liection (85%), police and parks and recreational facilities (both ~%), and parks and recreational se~l~s and hbranes (both 83%) At nearly that mark were emergency medical se~ice and water/wastewater (both 79%), and street slgnage (78%) The other semites that a~leved a majority positive rating were animal control (72%), Denton ~unlclpal Ele~rlc (70%), and code enfor~ment (53%) Planning and zoning and building inspection (both 37%), street ~alntenan~ (44%), and public transpoAatlon (47%) were the sewl~s that failed to achieve a majonW ~SltlV6 viewpoint Parks in general (85%-15%, 7 1 1) and ciW buildings (80%-15%, 5 3 1) secured the highest qualiW ratio (positive/negative) from su~ey pa~lclpants ~mmentlng on how the city maintained 5 general ~nfrastructura ~tems Respondents were less certain about the proper maintenance of medians (65%-32%, 2 0 1) and proper enforcement of code violations (40%-25%, 1 6 1, 34% no opinion), although each scored majority positive ratings In addition, more than four out of five people interviewed (81%) rated the way the c~ty ~s maintained as good (68%) or excellent (13%) Fair ratings totaled 17%, and only 2% rated maintenance poor Those findings equate to a quahty rabo of 4 3 positive op~mons to 1 negative wewpmnt Two transportation-related ~ssues were rated ~mportant or very ~mportant for the c~ty to address by majorities of 90% or h~gher traffic flow dunng rush hour (96%) and pedestrian tra~ls and walkways (92%) The combined ~mportance ratings for three of the remaining four items fell in the 80%-85% range, led by the c~ty's bus system, LINK (85% overall, 35% very important), bicycle lanes (84%, 28%), and traffic flow dunng nonrush hours (80%, 24%) The transit issue whose ~mportance was most often d{sputed was hght rail/commuter rail (68%) By a ratio of 8 to 1, more respondents rated the c~ty admimstratlon effective (83%) than ~neffective (11%) Most of these ratings were moderate, as just 11% rated the adm~mstrat~on either very effective (8%) or very ~neffectlve (3%) S~x percent of the sample chose the no opimon response Forty-three percent of residents reported contact with a c~ty employee during the t~me penod while 53% answered no and 4% d~d not remember In terms of overall satisfaction ratings, as well as the satisfaction rabo, the subsample of respondents (N=176) who had contact with a city employee were equally sabsfied w~th the "courtesy of the person answer, ng the phone" and Ud~rected to the correct department for my concern" (both 87%-11% and 7 9 1) Two other service cntenon received satisfied opimons from 80% or more "people I worked w~th showed pnde in the work they were doing" (83%-14%, 5 9 1) and "asked adequate quesbons to determine the nature of the problem" (80%-17%, 4 7 1) Pubhc transportabon (27%) and curbs~de recycling (21%) led the hst of facilities and services recommended by the sample for the city to provide, followed by ~mproved street maintenance (13%) Bike tra~ls (8%) and a recreabon center (6%) formed a second t~er of requests, followed by more pools and ut~hty deregulation (both 3%) QUALITY OF LIFE AND CITY INITIATIVES Safety (25%) was the key element ras~dents most often associated w~th the phrase "quality of life" It was mentioned nearly three times as often as the next nearest elements, sense of community (9%), and peacefulness (8%) Using a pre-determined listing, prowd~ng a safe community (100%), and keeping cibzens reformed about c~ty bus~ness and providing an adequate forum for pubhc ~nput (both 97%) were the statements rated most ~mportant in determlmng the quahty of life ~n their community, according to respondents In fact, all 10 statements generated a combined ~mportant and very ~mportant rating of not less than 91%, up to a h~gh of 100% 6 The top three quahty of life items rated highest in general sabsfact~on, as well as the satisfaction ratio, were providing a safe commumty (95% sabsfied, 4% unsatisfied, 238 1 ratio), providing city facilities for commumty events (91%-5%, 182 1), and maintaining a quahfied workforce of c~ty employees (86%-7%, 12 3,1) The other item to achieve a satisfaction ratio of more than 10 to 1 was working with the school d~strict (80%-8%, 10 0 1) More c~tizens rated the taxes they paid to the C~ty of Denton as about nght, Iow or very Iow (42%)lthan considered them high or very high (38%) By a larger rebo, a plurality also believed county taxes were about nght or Iow (45%) than high (32%) In contrast, Denton lSD taxes were rated high or very h~gh by 46% and about right/Iow by 32% In addition, school taxes were rated very h~gh by 21%, twice the level that felt the same way about city or county taxes (both 9%) No op~mon ratings for each of the three taxing entit~ee were similar (21%-19%-22%) More respondents rated the current Council's performance as excellent or good (58%) than fair or poor (29%) Excellent ratings were 6% while poor op~mons totaled 7% Additionally, 14% had no opinion about the council's record These findings equate to a performance ratio of 2 to 1 Denton residents were most satisfied w~th the following Councll.re!ated activities maintaining the quality of life (78%-12%, 6 5 1), working among themselves to promote the community (70%-15%, 4 7 1), managing c~ty funds (63%-15%, 4 2 1), and providing an adequate forum for public ~nput (69%-17%, 4 1 1) The most emphatic response in agreement toward c~ty-related statements occurred for, "1 am satisfied with hvlng in Denton" (92%-7%), compared to findings of 84%-13% agreement for "my neighborhood receives sufficient city services" and 81%-11% for "we have an excellent city workforce" In add,ion, the two negative statements were rejected by greater than 60% each By a ratio of 2 7 to 1 (64%-24%), respondents d~sagreed w~th the opinion, ~1 don't feel I can ever get a straight answer from the city ~f I have a problem" and by a ratio of less than 2 to 1 (61%-33%), w~th the view that "1 am frustrated with how c~ty government works in Denton" Keeping taxes from ~ncreas~ng (30%), improving quaflty of streets (23%), and encouraging economic development (20%) were the ~tams selected by respondents as most ~mportant for the city to work on during the next year AGENDA DATE' February 19, 2002 DEPARTMENT: Public Transportation ACM Jun Fortune, Public Safety & Transportation Operations SUBJECT Receive a report, hold a discussion, and give staff direction regarding a progress report for the Denton County Transportation Authority BACKGROUND The Interim Commxttee of the Denton County Transportation Authority (DCTA) ~s actively working toward the development of a transportation action plan for Denton County The most recent issues regarding the legality of appointments to the Interim Committee have been resolved and all appointments xnclud~ng replacements have been made to the Committee The Cxty Council appointed Joe Roy as its representative to the Interim Committee on January 29, 2002 Thc current eommtttee members are · Joe Roy -Ctty of Denton Charles Emery- C~ty of Lewlswlle · Van James - Town of Flower Mound · Tom Ten'all - The Colony · Mike Leawtt - Hxghland Village · Kewn Knauf- Connth Rtchard Tucker - small cttles representative · George Purefoy - small crees representauve Tom Spencer- small cities representatwe · Charles Correll - County representative · Rick Salazar - County representative · Jason Pierce - County representative Though an Interim Commxttee has been appointed, the actual transportation authority has yet to be confirmed The process to actually create DCTA is inclusive of pubhc input, requires representation of the entire County, and requires two confirmation elections, one for the confirmataon of the authority and service plan, and one for a potentml sales tax increase The Interim Committee has a statutory deadline of 180 days to develop a service plan and proposed funding mechanism During this 180-day period, public input will be essential, and numerous pubhc heanngs will be conducted throughout the County to get public input on the service plan Once the service plan is developed, notice is given to all cities in Denton County who will then have 60 days to approve it If a city does not approve the service plan, they may not partmlpate in the confirmation election or service plan if implemented Next, the County Commissioners will call an election to determine if DCTA will be confirmed including the service plan A separate election is held to allow voters an opportunity to authorize a sales tax to be used to finance the service plan Cities that do not confirm the existence of DCTA or approve the sales tax may not participate as a member of the authority The confirmation by only one city with a population over 12,000 is needed to confirm DCTA and approve the tax rate in order for the authority to exist Upon creation, the Interim Committee had no funds to hire staff or to create the action plan, but through a contribution from Denton County of $100,000 the Interim Committee has been able to hire the transportation consultang firm of BRW/URS to assist in the creation of a service plan Most recently the Interim Committee has received a report from BRW/URS that helped establish the issues that must be addressed in the development of the action plan and ultimately the transportataon authority Issues discussed include the purpose and role of DCTA, revenue and financing alternatives, service delivery optaons, and proposed schedule for adoption of the plan The overall purpose of the DCTA is to provide a method of addressing short-term and long- range mob~hty problems by creating a dependable funchng base for transportation improvements as well as providing an admlmstrative mechanism for implementing them The current charge of the Interim Committee is to plan, design, and construct transportation improvements, including but not limited to · Fixed gmdeway systems (commuter rml or light rail) · Bus transit and associated high-occupancy vehicle (HOV) lanes · Dedicated thoroughfare HOV lanes · High-occupancy toll lanes · Traffic management systems, and · Other methods to be deteruuned The Intonm Committee must develop a plan that considers the needs of the diverse communities in the County Additionally, the need for cooperation with other transit systems (DART and T), railroads and Federal or State agencies must be considered Once these issues have been addressed, it will be necessary to determine how much this service will cost and how to fund it As stated above, a sales tax increase is thought to be the primary finanmng mechanism for the DCTA Ttus however, poses some challenges for some Denton County cities that have limited or no capacity for an additional local option sales tax The current hm~t on local option sales tax is $ 02 As is evident m the d~scusslon above, the Interim Committee has a tremendous amount of work to complete in a very short tame period The original timeline created by the Interim Committee was very aggressive However, the Interim Committee adopted a revised schedule that provides some additional time The revised Timeline is hsted below · Sep 4, 2001 - Commissioners Court petition creating Interim Committee · Sep 7, 2001 - First notme of the public hearing to create Interim Committee · Sep 14, 2001 - Second notice of the pubhc heanng to create Interim Committee · Oct 15, 2001 - Pubhc heanng on the creation of Interim Committee · Oct 29, 2001 - Appomtment of the Interim Committee · Dec 13, 2001 - F~rst meeting of the Interim Committee · Jun 11, 2002 - Deadlme for Intenm Committee to approve service plan · Aug 9, 2002 - Deadline for mty councds to approve service plan · Aug 12, 2002 - Interim Committee notifies Commissioners Court to call election · Sep 3, 2002 - Commissioners Court orders confirmation election · Nov 5, 2002 - Umfonn election date In the next few weeks as the Intenm Committee works to create a servme plan, It wall be necessary for Denton to obtmn some pubhc comment on transportation needs and preferences for various modes of transportation Th~s mformat~on will be essential as Denton seeks to represent the needs and desires of our commumty dunng the development of the servme plan Though pubhc hearings are reqmred for the service plan, staff is proposing a survey campmgn to sohc~t public sentiment to help grade the development of the plan This public input will hkely ~nvolve a public hearing, web site survey, personal interviews, DTV bulletin board, and other methods Respectfully submttted Stan Ntxon Public Transportatxon Manager AGENDA DATE February 19, 2002 DEPARTMENT Legal Department CM/DCM/ACM Herb Prouty, City Attonaey SUBJE(~T Discuss and gave staffdarectaon concerning the adoption of an ordinance of the City of Dentdn, Texas, prescrlbmg regulations regarding notice to be provided the City and its residents, of a gas utalaty's statement of intent to increase rates, providing certain procedures for publication of notice of a statement of intent to Increase rates, providing that this ordinance as cumulative, providing a severabalaty clause, and providing an effective date BACKGROUND: We anticipate that before the end of this month that TXU Gas Distribution wall be ~lang another gas rate case, which wall include most of the cities in the Dallas/Fort Worth area One concern we have with this type of area-wide or regional filing as the adequacy of the notice that the City receives an such filings We have heard that TXU intends to publish a notice of this g~s rate increase in the Dallas Mormng News, which is not a paper of general circulation within the City of Denton Such a notice would be much more likely to reach the attention of the ratepayers within Denton af at is published in the Denton Record-Chromcle Additionally, in the recent case entitled Spencer Generattng Company, L P v TXU, there was some testimony gavin that TXU need only file documents with the City Secretary to initiate a rate case We are concerned that under these circumstances the public officials and ratepayers within the City of Denton Will not be recelvmg adequate notice of an upcoming rate mcrease A number of cities, including the eataes of Leander, Burnett, Greenville, and Corslcana have adopted similar ordinances We understand the City of Longvlew is also considering the adoption of such an ordinance We understand TXU has appealed the notice ordinances adopted by the cities of Leander, Bumett, Greenville, and Corslcana to the Texas Railroad Commission Accordingly, we have given officials at TXU notice that the City is considenng the adoption of such an ordinance to give them an opportumty to present information which we anticipate will be in opposition to the adoption of such ordmance at your work session ORDINANCE PROVISIONS' The ordmance would require gas utilities like TXU to publish notice afl a newspaper of general circulation within the City of Denton, i e , the Denton Record- Chromcle The notice must be published in a conspicuous type or font The notice is required to eont0an the effective proposed rate increase expressed as an annual dollar increase over adjusted year revenues including the percentage Increase for residential and commercial customers and additional mformataon You currently are involved an an investigation into a complaint made by Spencer, Generatmg Company, L P over the unfairness and unreasonableness of rates to industrial customers an Denton Part of this investigation seeks to determine why TXU, who had asked for an approximately $220,000 annual increase in industrial rates m Denton and represented that that was gomg to be total amount of the industrial rate increase in testimony regarding the rate increase that was approved last July, now are claiming the actual rate increase that was granted to them was around $580,000 This type of a notice ordinance should help assure that TXU and other gas utilities wall provide accurate information concerning the ~mpact of the requested rate on all classes of gas customers in Denton FISCAL IMPACT: The enactment of th~s Not,ce Ordinance will, m ~tself, not have a s~gmficant fiscal ~mpact upon the City of Denton But ~f TXU appeals the ordinance to the Railroad Commission and the C~ty becomes revolved in those proceedings, there could be additional costs to the City to hire consultants and utthty attorneys to represent the City m th~s proceeding Respectfully submitted, C~ty Attorney ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PRESCRIBING REGULATIONS REGARDING NOTICE TO BE PROVIDED THE CITY AND ITS RESIDENTS OF A GAS UTILITY STATEMENT OF INTENT TO INCREASE RATES, PROVIDING CERTAIN PROCEDURES FOR PUBLICATION OF NOTICE OF A STATEMENT OF INTENT TO INCREASE RATES, PROVIDING THAT THIS ORDINANCE IS CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Texas Utdlt~es Code authorizes the C~ty to act as the regulatory authority to ensure that fmr, just, and reasonable rates and adequate and effiment services are prowded by the gas utilities operating w~th~n the C~ty, and WHEREAS, the C~ty finds that tn order to pmwde meamngful review of any proposed rate tncrease ~t ~s ~mpottant that the C~ty receive meaningful input from the C~ty's c~t~zens concerning any proposed gas rate ~ncrease, and WI-IEREAS, the C~ty's mtlzens must receive adequate notice to be able to partmlpate ~n any City rewew of a gas utility rate increase proposal, and WHEREAS, the Texas Utd~t~es Code authorizes the regulatory authority to reqtnre that the utd~ty prowde other ~nformat~on as needed as part of the statement of ~ntent, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 NOTICE OF UTILITY RATE INCREASES (A) Not~ce in a proceeding seeking approval for a rate increase before the local regulatory authority A ut~hty ~n the C~ty that w~shes to tncrease ~ts rates for gas ut~hty servme tn the C~ty shall g~ve notice ~n accordance w~th th~s Ordinance (B) Pubhcat~on of notme The Applicant shall pubhsh not~ce for four consecutive weeks tn conspicuous form tn the Denton Record-Chromcle The Apphcant shall pubhsh the body of the not~ce tn at least 12-pmnt type The heading for the Notme shall be ~n at least 16-ptnnt type, entitled "Notme of Gas Rate Increase Request" (1) The published notme shall at a m~tnmum contmn the following further ~nformat~on (a) The effect the proposed change ~s expected to have on the base rate revenues, exclusive of the commodity costs of gas, on the Company expressed as an armual dollar tncrease over adjusted test Page 1 year base rate revenues and as a percent over adjusted test year base rate revenues, (b) A description of the servtce for which a change ~s requested, (c) The percentage increase for the residential class within the City over present base rate revenues, (d) The percentage increase for the commercial class within the City over present base rate revenues, (e) The dollars and cents amount of the base rate increase for a res~dentml customer located w~th~n the City, using 6 Mcf, (f) The dollars and cents amount of the base rate increase for a commercial customer located within the C~ty, umng 30 Mcr, (2) The notice shall specify a proposed effective date, if possible, whach ~s at least 35 days after the filmg date The notice shall prowde a point of contact with the C~ty for persons who w~sh to seek further mformatlon or intervention A telephone number shall also be prowded (C) Affidawts regarding notice The applicant shall subrmt to the C~ty Secretary an affidawt attesting to the prows~on of not~ce reqmred by th~s section within thirty (30) days of the completion of notice by pubhcat~on (D) Sufficiency of apphcat~on The ut~hty shall not be deemed to have made a complete Statement of Intent to Increase Rates for purposes of the statutory effective dates under the Texas Utlhtles Code unless notme ~s provided consistent w~th these requirements SECTION 2 NOTICE The copy ofth~s Ordinance shall be sent to each gas utd~ty operating w~thm the City SECTION 3 CUMULATIVE REQUIREMENTS Th~s Ordinance is cumulative of all other requirements for not,ce under state law SECTION 4 SEVERABILITY If any term, cond~tmn, or section of this ordinance or application thereof to any person or c~rcumstance shall, to any extent, be held to be invalid, unenforceable, or unconstitutional, the remainder hereof, as well as the apphcatlon of such term, condition, or sectmn to persons or circumstances other than those as to whom ~t shall be held to be ~nvahd, unenforceable, or unconstttut~onal, shall not be affected thereby, and this ordinance and all the terms, condmons, and sections hereof shall, ~n all respects, continue to be effective and to be comphed w~th It is the intent of the C~ty of Denton ~n adopting this ordinance that no portion or prows~on thereof shall become ~noperatlve or fall by reason of any lnvahd~ty, Page 2 unenforceabfllty, or unconstltutlonahty of any other port~on or provision, and to tNs end all provisions of this ordinance are declared to be sever able SECTION 5 This Ordinance shall become effective lmmedmtely upon its passage and approval PASSED AND APPROVED this the day of ,2002 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 3 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, January 15, 2002 at 4 30 p m ~n the Council Work Session Room at C~ty Hall PRESENT Mayor Brock, Mayor Pro Tern Beasley, Council Members Burroughs, Fulton, McNefll, Phllhps, and Redmon ABSENT None 1 The Council considered requests for clarification of consent agenda items listed on the consent agenda for today's C~ty Council regular meeung of January 15, 2002 Council Member McNeIll asked if Item #9 would be granting a full variance Ed Snyder, Deputy City Attorney, replied that a full variance was the Planning and Zoning Commission' s reconmlendatlon Council Member Burroughs asked about Item #6 and why there was only one bidder Tom Shaw, Purchasing Agent, stated bids had been sent to six companies but that only one response had been received He stated they were requesting an eleetrome meter reading system that would replace the present antiquated system 2 The Council received a report, held a discussion, and gave staff direction regarding the draft Development Code David Hill, Assistant City Manager of Development Services, stated that additional information from residents on Bonme Brae and the Denton Merchants Association had been distributed to the Council Hill stated that a meeting had been held with the Chamber Committee regarding the Special Exceptl0ns Section Ed Snyder, Deputy City Attorney, stated that the Special Exceptions section of the Code would give a Specml Exception deslgnatton to any lots, structures, and uses of land and structures to allow the property to be used in the same or similar manner as allowed under the prior development regulations Snyder stated that there were some restrictions to the Specml Exceptions A land use could expand wxth~n the same lot, but expansion of a Special Exception onto an adjolmng lot would require approval of the C~ty Council using the Zomng Amendment Procedure A building could be expanded by following the Expansion reqmrements ~n Subchapter 12 A building or site could be rebuilt as is after bexng destroyed partmlly or totally except for voluntary demohtlons Council Member Redmon wanted to know how long the appeal process would take Doug Powell, Director of Planning and Development, stated that it would depend on each individual case, but it might have to go before the Zoning Board of Adjustment or the Planning and Zoning Commission or the City Council It could take up to 60 days City of Denton City Council Minutes January 15, 2002 Page 2 Council Member Redmon suggested that the Planning Staff meet with the Denton Merchants Assoclatlon to look at their issues Council Member McNelll felt the Council had addressed the issues that some citizens had regarding the Code Council Member McNedl felt another issue they needed to discuss was accessory dwelling units under the Permitted Uses He felt that they should be taken out of the Code Doug Powell, Director of Planning & Development, stated that accessory dwelling un,ts could be allowed with hmltatmns but a Specific Use Permit (SUP) would be required Powell stated that accessory dwelling units could be attached or detached The Council agreed to leave accessory dwelling units in the Code Council Member Burroughs wanted to discuss the issue of parking areas being located behind bmldlngs or on one or both sides and not between the bmld~ngs and the streets for non-residential buildings Powell stated that the Council could allow parking areas in front of buddings along the interstate and add a provision that there be a minimum fifteen foot additional landscape area mqmred along parking areas in front of buildings Consensus of the Council was that was acceptable along the interstate because the interstate was not pedestrian friendly Regular Meeting of the City of Denton City Council on Tuesday, January 15, 2002 at 6 30 p m in the Council Chambers at City Hall 1 Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U S and Texas flags PROCLAMATIONS/PRESENTATIONS 2 Mayor Brock presented the January Yard of the Month Awards Llnda King and Ed Hall Knstl & Adam Galan Steve Enfinger Mike White Ray & Elolse Sears B Lorraine Wilson Don & Charlotte Beebe North Star Bank of Texas C~ty of Denton C~ty Councd Manutes January 15, 2002 Page 3 3 ¢~ty Manager M~ke Conduff presented mcogmtlon of staff accomphshments CITIZEN REPORTS 4 Ross Melton regarding Code Enfomement, the Development Code, and related ~ssues Mr Melton stated the Councd could s~mphfy development in Denton by ehm~nat~ng the laws, leaving the old zoning ~n place w~th the new zomng, and completely ehmlnate the zomng ~n an area as a test program CONSENT AGENDA Burroughs motmned, Redmon seconded to approved the Consent Agenda and accompanying ordinances On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNcdl "aye", Phflhps "aye", Redmon "aye", and Mayor Brock "aye" Motion carned unammously 5 NO 2002-031 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH FREESE AND NICHOLS, INC, FOR THE DESIGN AND DEVELOPMENT OF MAJOR WATER TRANSMISSION LINES (36-INCH AND 42-INCH) TO CONNECT TO THE 54-INCH LAKE RAY ROBERTS WATER TRANSMISSION LINE AS SET FORTH IN THE CONTRACT, AND PROVIDING AN EFFECTIVE DATE (PSA 2777 - PROFESSIONAL SERVICES AGREEMENT FOR 36 INCH AND 42 INCH TRANSMISSION LINES AWARDED TO FREESE AND NICHOLS, INC, FOR A TOTAL ESTIMATED AMOUNT OF $233,249) 6 NO 2002-032 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF AN ELECTRONIC METER READING SYSTEM, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2770 - ELECTRONIC METER READING SYSTEM AWARDED TO ITRON, INC, IN THE ANNUAL AMOUNT OF $54,202) 7 NO 2002-033 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING THE FIRST AMENDMENT TO THAT AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON AFFORDABLE HOUSING CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT, AND PROVIDING FOR AN EFFECTIVE DATE 8 NO 2002-034 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT City of Denton City Council M~nutes January 15, 2002 Page 4 BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY, TEXAS FOR USE OF CDBG FLrNDS TO MAKE IMPROVEMENTS AT COUNTY DENTAL CLINIC FACILITY, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE 9 Anderson Addatlon The 8 4-acre property was generally located along the southeast sade of Hartlee F~eld Road approximately 4,322 feet from Sherman Drive The property was located an the extra-temtonal junsdaetlon of the City of Denton A three lot sangle-famlly subdavasaon was proposed a Approved an exaction variance from Sectaon 34-114(5) of the Code of Ordanances concerning perimeter pamng The Planmng and Zomng Commasslon recommended approval of a full variance (6-0) (V01-0028) b Approved an exactaon variance from Sectaon 34-114(17) of the Code of Ordanances concerning sadewalks for Lots 1, 2 & 3, Block A of Anderson Addition The Planning and Zomng Commassmn recommended approval of a full variance (6-0) (V01-0028) c Approved a variance from Sectaon 34-116 of the Code of Ordanances concerning the construction of a waterhne and fire hydrants for the proposed Anderson Addatmn, Lots 1, 2, & 3 The Plarmmg and Zoning Commassaon recommended approval (6-0) (V01-0029) 10 Approved a variance from Sectaon 34-114(17) of the Code of Ordanances concemang s~dewalks for the Alex Robertson Addataon The 0 4-acre property was generally located on the north sade of Ruth Street approxamately 80 feet from the antersectlon with Cook Street The property was zoned Multaple Family Dwellang Dastnct (MF-1) A one lot sangle-famfly subdavas~on was proposed The Plannang and Zoning Commassmn recommended approval (6-0) (~Ol-OOSO) 11 NO 2002-035 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ABANDON A PORTION OF MARTIN STREET AND EXECUTE A QUIT CLAIM DEED TO HABITAT FOR HUMANITY FOR A 0 078-ACRE TRACT, LOCATED IN THE A HILL SURVEY, ABSTRACT NUMBER 623, DENTON COUNTY, TEXAS, AND PROVIDING AN EFFECTIVE DATE ITEMS FOR INDIVIDUAL CONSIDERATION 12 The Councal consadered approval of a resolution approwng a Res~dentml Project Plan for Lexington Park South The 38-acre property was an a One Family Dwelling (SF-10) zomng dastnct generally located on the west side of Teasley Lane approxamately 2,200 feet south of Robanson Lane A 78 sangle-famfly residential subdavasmn and three open space lots were proposed (SPOO-OO1D Marry Brown, Valdese & Assocaates, spoke regardang the proposal The following resolutaon was considered City of Denton City Council Minutes January 15, 2002 Page 5 NO R2002-001 A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING A RESIDENTIAL PROJECT PLAN FOR LEXINGTON PARK SOUTH, IN A ONE FAMILY DWELLING (SF-10) ZONING DISTRICT, BEING AN APPROXIMATELY 38 ACRE SITE GENERALLY LOCATED ON THE WEST SIDE OF TEASLEY LANE APPROXIMATELY 2,200 FEET SOUTH OF ROBINSON LANE, AND PROVIDING FOR AN EFFECTIVE DATE (SP00-0017) Beasley motioned, McNelll seconded to approve the resolution On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", MeNelll "aye", Ph~lhps "aye", Redmon "aye", and Mayor Brock "aye" Motion carned unammously 13 This item was not considered 14 New Business Council suggested the following items o£ New Business for future agendas or for information from the City Manager A Council Member Redmon, asked how he was to handle complaints from city employees regarding pohc~es or lack ofpol~cies City Manager Conduff stated that those lemployees could be d~rected to the City Manager's Office and the matter would be handled there 15 Items from the City Manager City Manager Conduff did not have any items for Council 16 There was no continuation of ClOsed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 17 There was no official action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act The regular meeting was adjourned at 6 55 p m and the Work Session reconvened at 7 10 p m Doug Powell, D~rector of Planning and Development, stated there were three remaining issues Environmentally Sensitive Areas, Arter~allstreets, and Mapping issues Powell stated that the Chamber had asked that nonresidential and mixed use braidings along secondary arterials ~n industrial areas be exempt from the building design standards The Council agreed that buildings ad.lacen~ to a secondary arterial could have 50% metal Environmentally Sensitive Areas were dis~ussed City of D~nton City Council Ivhnutes January 15, 2002 Page 6 Consenstls of the Council was that the Upland Habitat Area on the map would consist of tree stands a minimum of I0 acres The Council considered the remmmng mapping Issues as indicated on the attached chart Mayor Pro Tern Beasley stated that she did not feel the Council should be making changes to the map and that the property owners should go thru the process that had been established Dave Hill, Assistant City Manager of Development Services, asked the Council for direction on what issues they still wanted to discuss and whether they wanted to have another work session Council Member McNefll stated that they did not need to discuss any more mapping issues but needed to cover some text issues Consensus of the Council was to have another work session on the Development Code on January 28 at 5 00 p m W~th no further business, the meeting was adjourned at 9 40 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JANE RICHARDSON ASST CITY SECRETARY CITY OF DENTON, TEXAS AGENBAIN~ORMATION$ItEET AGENDA DATE February 19, 2002 DEPARTMENT' City Manager's Office CM M~chael Conduff, C~ty Manager SUBJECT Consider a request for an exception to the nmse ordinance for the purpose of an outdoor musm festwal known as the Mark Feanng Benefit Concert scheduled for Sunday, March 3, 2002 during the hours of 1 p m to 7 p m at the North Texas State Fmr Grounds Specffically, the request ~s for an exception to the hours of operaUon Fritz Schwalm ~s requesting an exception to the noise ordtnance for the Mark Fearing Benefit Concert, an outdoor music festwal scheduled for Sunday, March 3, 2002 during the hours of 1 p m to 7 p m at the North Texas State Fmr Grounds As currently planned, Mr Schwalm's event reqmres an exceptaon to the nmse ordinance for hours of operation Since the apphcant meets the reqmrements set forth In the ordinance for an outdoor mnsm festival as defined ~n section 20-1 §5, the event ~s allowed a maximum sound level of 70 dba when measured from the estabhshed event perimeter As you know, the nmse ordinance, amended by ordinance Number 2001-265, declares loudspeakers, amphfiers, and mustcal instruments above 65 dba a nmse nmsance, particularly after 10 00 p m Monday through Saturday and anytime on Sunday (Attachment 3) The ordinance does, however, provide that the C~ty Council may make exceptions for sound levels or hours of operation when the pubhc ~nterest ~s served The organizers have been reformed that should Counml approve th~s request, responsible use of amphfied sound ~s still reqmred by Section 20-1 of the City of Denton Code of Ordinances In particular, Section 20-1 §4(a) states It shall be unlawful for any person to make or cause any unreasonably loud, d~sturbmg, unnecessary nmse whmh causes or may cause materml chstress, d~scomfort or injury to persons of ordinary sens~bthtles m the ~mmedmte vmunty thereof Fntz Schwalm Mark Feanng Benefit Conce~ Februao' 19, 2002 Page 2 PRIOR ACTION/REVIEW (Couneil, Boards, Commismons) None FISCAL INFORMATION None B~W Wdl~ams D~rector of Managemen~ and Pubhc InformaUon Prepared By Management Assistant Attachments I Request from Fritz Schwalm 2 Map of the area 3 Noise Ordinance 2 Fritz Schwalm c/o Mark Feanng Benefit Concer~ 1316 Egan St Denton TX, '/6201 January 15, 2002 Robert Hanna Management Assistant 215 E McEanney Denton, TX 76201 Dear Mr Hanna I am requesting an exceptaon to the noise ordinance for the purpose of Mark Feanng's Benefit Concert scheduled for Sunday, March 3ra from I p m to 7 p m We are requesttng an excepUon for the hours of operation and for a sound level not to exceed 70 dba The event will be held at the Fatr Hall Complex located the North Texas State Fmr and Rodeo grounds m Denton If you have any questions, please phone me at 940 591-6488 (hm) or during business hours at 9'/2 331- 4333 (wrk) at your earliest convemence Thank you for consldenng this exception to the noise ordinance Sincerely, Fritz Schwalm, event coor&nator RliLATINO TO NO]SR VIOLATIONS BY AMRND , PROVIDINO A SBVHRABRITY CLAUSR4 FROVlDING A SAWNOS CLAUSB; TI~ COUNCIL OF 'I'HR ctl'Y OF DRNTON, 'i'Ig(,A~ HRP.,~BY ORDAINS. ~ That Ct~p~ ~0 -Nuisane~' of ~ Cod~ of Onlinm,~s of D~--~- ~ Tetras i8 he~ ~ by replnoin~ Se~iou 20-1 titiod .,Noise" m ~ entire0/to read as follows* 8eetlea 20-1. Nobe. I. Der. bmflom otlutmt. u~ p,n~.u,,, r,'-~-'"--~-- "-"--- - em , mind welfare. It is *~,.'--"~--.~.~"~,~,~-tha ~ Counotl to marol the l~vel of nm~e m a mmaer ~m and egoyrm~t of~,~aty, ,nd pme~e~ the ~dity of the emnrom~ac 2. 8elmd Mell.re~t ~ ~,-- ~ of alas ~ sound measmunenls Mil be made '"ems the A*wmgldms ~'" ~"~'""'- - -' 0 dim). _,.,.~, levelmetm~, bmedoathemtbm~soundMus~e( -. flea10 0~! tm _,.,..~,ved somKJ- , ..... _,_, ........ ~ levels will be tnolu~lve of nny mnmeut nmso ~ u~dm m ,,.,* -=-, ~ 3. Definitions and standards, Tho followin$ definigons shall apply jn b hp,~;.dion and eaforoement ofb semon. iwowd~ a disitnl decibel ~_~ b~d~m~b2S tbe levm otSOUnd t~sea eu db (0 0002 Micro Bm'). ,Fbo instrummt must also be cajmblo of midrib nmmwemmm °n the A.waishled soalo and mt a slow response ~f.l~ftp, ftfd ,t~u//~u~m~/,m~: Tho sound inusmu lovel as maasuml ~m m sPin°red sound-level meier usms tho a. wet~tln~ notwork page I of 6 Page2 of 6 It"~'~n bo unlswlM f~ any preen ~° mmk° °r caus~ nn~ nnts° °f m~h c4mn~r' {o a pmon tn 1butt m~lm~ and (m) D~ ~m da~ mensm~ mm~ than 65 dl~ on lira A-weighling (c) Dmin~ ~h~ daym~ m a mnl~.lknily d~m~!in~ measam mm~ film m~~ ~c~kma~m~~ (m) ~ ~ ~ ~ of ~ ~ ~ vo~ m ~ ~ Prig* 3 of 6 (o) X~rtus tho daytime, m a multi'-'%:'"~ dweliJnL meb~ me~ ~han S0 d~ on the A.we~.~,~. 8ca]o ou on q~ed Mund'level me~ m any ~eeent un~ or nudible within Shy u that is not b stance of b sound, °r (o) At nny flmo on Smxlny; (0 Prodded, however, tht ~he ~lt~ (~dncil nm~ ndm excepUens public intent Mil b~ served ~ (3) Tbe ~ of vibr~oo or b~ss revmbermb~ at any time that ~s uerceotible msfdo n compb,i~l~ person's resMa~,?~m. Sh tho seuso of semo ofhear~ (4) ~ use of shy rmho, stereo, ampbfl~, sound -.-~li.~ equipment, or o~er musJ~ dovtc~ instslbd or ~ned in a motor veldcle at a volume suoh that ~t ~s cioarly amh'blo to any p~Jon from mor~ tlmn 35 feet from th~ veJnolo (S) The blomng of any mean whstle attar, bed to any sta~onm'y boder or tho blowing of any o~ber loud or rm..reaching sUsam winstle w~t~ h~ ~be e~ty limits, e~eept to give notice of the tbno to bogm o~ stop work or as a wsrnm_~ ofdnnge~, bufldins m sn~_~ o~er than between tho hours of 6 00 mn and 8-~0 Inn Monday Ibroush Friday .~m-. Ju~ 1 to September 30;, between 7.00 mn ~nd 8 30 Mn Monday ~ough l~iday f~n O~tober I to May 31, between 8 O0 mn and 8 30 p~n on Snl'drday; and between 1~0 Inn nnd 8'30 Mn°u for suoh wink at other houri m oase of ursent na~sitY and in 1he mter~st of public safe~ md ~nvenlence; (7) 'fhe creation of Shy loud ~nd eacesslvo noise m connection Mth ~bo loadJ~ or unlcadins of any vehicle or tho op~ninS or dosUuctmn of bales, (8) Tho use of any drum, loudspeaker, or other b~,,,~ent or devtc~ for the purpo~ of atm,~mS nltent~n by the crea~, of ~ ~ shy PriSe 4 of 6 paso 5 of 6 pASSeD A~ APPItOVHD ~hls tho ~- day of ~~~-~ 2001 p~o 6 oi'6 AGENDA INFORMATION SHEET )'~'~ .... AGENDA DATE: February 19, 2002 DEPARTMENT: City Manager's Office CM: Michael Conduff, City Manager SUBJECT An Ordinance of the City of Denton, Texas, granting, pursuant to section 20-1 5(a)(2) of the Code of Ordinances of the City of Denton, Texas, an exception to the hmltat~ons imposed by that sectaon wth respect to hours of operation of an amphfied loudspeaker system, and setting an effective date (Denton Arts & Jazz Festival) BACKGROUND The Denton Festival Foundation is requesting a three-year exception to the noise ordinance for the Denton Arts & Jazz Festival, an annual outdoor music festival scheduled at the City of Denton Civic Center Park (Attachment 1), on the last Friday and Saturday m April until 12 00 mldmght, and the last Sunday in April from 11 00 am to 10 00 p m The Denton Festival Fotmdation would not have to request another noise exception for the purpose of the Denton Arts and Jazz Festival until 2005 if the exception is granted The proposed ordinance granting the three-year exception is attached (Attachment 2) City Councd established the guldehnes for granting a three year exception m 1995 by resolution The gmdehnes require the applicant to demonstrate a mlmmum history of three consecutive years of responsible activity regarding the noise ordinance The event intended to receive the three year exception must be an annual event that has occurred for a minimum of three consecutive years The Denton Arts & Jazz Festival meets and exceeds the consecutive three year annual event requirement In the previous three years, there were no Denton Arts & Jazz Festival related calls for noise complaints As you know, the noise ordinance, amended by ordinance Number 2001-265, declares loudspeakers, amplifiers, and musical instruments above 65 dba a noise nuisance, Denton Festival Foundation Denton Arts and Jazz Festival February 19, 2002 Page 2 partmularly after 10 00 p m Monday through Saturday and anytime on Sunday (Attachment 3) The ordinance does, however, provide that the City Council may make exceptaons for sound levels or hours of operation when the pubhc interest is served The orgamzers have been reformed that should Councd approve this request, responsible use of amphfied sound ~s still reqmred by Sectmn 20-1 of the City of Denton Code of Ordinances In partmtflar, Section 20-1 §4(a) states It shall be unlawful for any person to make or cause any unreasonably loud, disturbing, unnecessary noise, which causes or may cause material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vmunty thereof PRIOR ACTION/REVIEW (Counefi~ Boards~ Commissions) Resolution No 95-030 estabhshed the procedures for granting a three year exception Ordinance No 1999-073 granted a three-year exception that expired at the end of 2001 FISCAL INFORMATION None Betty Williams D~rector of Management and Public Information Prepared By Robert Hanna Management Assistant Attachments 1 Map of the area 2 Proposed Ordinance 3 Noise Ordinance Attachment #2 Denton Arts & Jazz Festxval Event Area Bu{Id{ngs Major Streets & Roads C{vlc Center Park ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT TO SECTION 20-1 5(a)(2) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, AN EXCEPTION TO THE LllVffrATIONS IMPOSED BY THAT SECTION WITH RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM, AND SETTING AN EFFECTIVE DATE WHEREAS, pursuant to §20-1 5(a)(2) of the Code of Ordinances of the City of Denton, Texas, the Denton Festival Foundation has made apphcatton to the City Council for an excepUon to the promsion of that same section restricting the operaUon of amphfied loudspeakers from Monday through Saturday at, er 10 00 p m and at anytnne on Sunday, m connection with the Denton Arts & Jaz~ Festival annual event held at the ClXaC Center Park, and m connection with smd request, has requested the exception to be granted on an ongoing basis for smd annual event at smd location the last Friday and Saturday in April until 12 00 rmdmght, and the last Sunday tn April from 11 00 am untd 10 00pm, and WHEREAS, upon prior apphcatJon and appwval by the City Council of the City of Denton, Texas, the Denton Festival Foundation has consistently demonstrated over the past seven years an ability to responsibly operate amplified loudspeakers in connection voth the Denton Arts & Jazz Festival annual event held at Civic Center Park, at t~mes past the hours defined tn §20-1 5(a)(2) of the Code of Orrhnances of the City of Denton, Texas, vothm the pubhc interest and without materially disturbing persons of ordinary sensththt~es m the immediate ViClmty thereof, and WHEREAS, based upon tlus past lnstory, the City Council of the City of Denton, Texas finds that granting an exceptlen for tins annual event on an ongoing basis, subject to the restrictions contained hereto, would serve the pubhc interest, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTIONI That, puranantto §20-1 $(a)(2)oftheCodaofOrdmances, the Denton Fest~val Foundation is hereby granted an ex¢~-ptlon fi.om smd section's 10 00 p m ILmltatmn from Monday through Saturday and protubmun on Sunday, upon the operation of omphfied loudspeakers, subject to the conditions listed below 1 Th~s exceptwn is granted only in connection with the operation of the Denton Arts & Jazz Fast~val annual event at the Civic Center Park, on the last Friday and Saturday m April until 12 00 nudmght and the last Sunday m April from I 1 00 a m until 10 00 p m 2 The Denton Festival Foundation agrees to take full responsibility for ensunng that the condlUons of th~s exception are met, and to take all reasonable measures necessary to avoid d~sturbmg persons of ordinary senslblhtlas nl the lmmadlate vicinity of the event 3 The Denton Festival Foundation agrees to cease using amplified loudspeakers at 12 00 nudmght on Pnday and Saturday and 10 00 p m on Sunday 4 Under no circumstances shall the annual event employ the use of amplified loudspeakers past 12 00 nndmght on Friday or Saturday or before 11 00 a m or past 10 00 p m on Sunday 5 Under no circumstances shall the annual event employ the use of amphfled loudspeakers that exceed 70 dba when measured fi-om the perimeter of the source as measured by an approved measuring instrument 6 Thru ordinance confers no personal or property rights, and may be amended, mochfled, superseded or revoked m whole or m part at the will of the City Council of the City of Denton, Texas, w~thout any advance warning, hearing or compensation, for any reason at all, or for no reason 7 Tlus ordinance shall he s~ctly construed as an exception granted pursuant to §20- 1 5(a)(2) of the Code of Ordinances of the City of Denton, Texas The City of Denton, Texas expressly reserves unto itself and all other persons any and all legal remedies, clwl or ermunal, relating to excessive noise m conn~cUon wtth thts annual event, and hereby dlsclmms any prormssory or eqmtable estoppel which n~ght m any way tmpede the pursmt of such re,hedges by any person ~ That this ordinance shall become effective immediately upon Its passage and approval, and expire three years hence, unless sooner repealed, modified or rascmdad PASSED A_ND APPROVED tlus the .__ day of ,2002 EULINE BROCK, MAYOR ATTEST JENNIFER. WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PKOUTY, CITY ATTORNEY 2 AN OKD]NANCB OF TI-IB ~IT~' OF DNNTON, TNXA~ ~G ~'~R 20 ~O TO NOISE ~O~ONS BY ~G S~ON 2~1 ~ ~S ~, ~O~O A SB~~ C~USB, PROLOG A SA~OS ~US~ , ~ PROntO FOR ~ ~-1'1~ DA~ ~ CO~ OF ~ ~ O~ D~ON, ~ ~Y O~S ~ ~t ~ 20 '~s~" of ~ C~o of ~ of~ T~ ~s h~y ~md~ W ~!~ S~ 2~1 afl~ '~m~" m ~ ma~ to ~ ~ fo~ows It ~s h~W d~l~ to bz ~ ~h~ of ~ C~ to ~ ~ ~ to c~ to ~ ~ ph~olo~c~ ~ ~lo~c~ ~ of ~c~w nm~ ~ ~ ~t~ ~o~, ~d ~ ~ pubhc hml~ ~mf~ ~mm~, sdS, ~ w~lf~ It ~s ~ ~s mtmt of ~e Ci~ ~! to c~l ~ l~vl of ~ m a m~ ~ ~d ~o~ of~, ~d p~m ~e ~ of~ ~r~ ~ on ~ ~v~ ~-1~1 m~, b~ on ~o ~f~ sold ~ (0 ~s) M~mt ~ ~11 b~ no I~ ~ 2 ~mut~ In i~ ~d ~o1~ ~H ~ d~ b~ on ~ ~ ~ ~g m ~t m~ ~ ~1 ~mt l~els ~il ~ ~l~v~ of ~y ~b~t nm~ ~ ~s at ~ ~m~ of ~ 3. D~niflons and s~dar~. ~d.l~el m~ usmS ~e a.wm~n~ n~o~ Page I of 6 Cl~r~ Audlb/r Any sound for which the nffonnsuon content of that sound tmamblgUOUSly conmmmmited to tho hstanor, such us, but not !~mtted to, undentandabl~ ~lGe is rinsed or noflnol, boss Feyerboroflons, or compranemlme mum~M m~dnn~ Dayr/m~ PromT00a.m tol000pJn 8stabilsAed p~n~t~r' Tho e~tablished perimeter of an avant will b~ ~ permanant or temporary fancmg in place for the ~vmt, or tho natural boundanes of a spemfic loca~on Motor t,'~Alcl~ Any vehiolo propelled by mechamcal power, such as, but not lumted any pasmlger car, truck, truck-4raller, seam-~rafler, cmnper, motorcycle, mmlblke, go- cart, dune lmgsb', or racmg vehcle NigA#lm~: From l0 00p~n to 7 00a.m Nobe Any sound wluch ~s unwanted or winch causes, or tends to csuse, an adverse psychological or phymologiaal effect on hummi bmngs Outdoor M~c Fe~m.'ai Any form of mumcal enteflsmmeflt prowded by bye perfmmances if (l) More than 200 persons are ~n attendance at any one pcrfommnce, or (2) The event requires paid admlsmon, and (3) Any of the performers or performm~ce are not wRhm a permanent, (4) Any of the performance revolves the use of smphfied sound ~ Ampl~ng Equipment Any machine or device for the sound amphflcat~on of the human voi~, mumc, musical cqmpmmt, or any oth~r sound "Sound smphf~ug equipment" shall not include warning dewces on authorized emergmicy vehicles or hams or other warning devices on any velucles used only for traffic safety purposes Vibration (B~# Rm~rbera~lon~ A temporal arid spatial oscillation of dlsplaccmant, velomty, or accelmatmn m a solid material created by the use or operatmn of a stationary loudspeaker, amplifier, mumcal instrument, or any other sound amphfymg eqmpmant Any ground or structure-borne v~bratlonal motion thst is perceptible by sensa~on by touch, wsual observation of moving objects, or means other than through the sense of heanng Page 2 of 6 4, Genernl nobe ~Jolmions, (a) It ~l b~ unlawfnl fo~ a pmon to malco or eam~ any unmmonably loud, injury to persons of ordinn~ se~b~ht~e~ tn the ~mmedinte wcunty thereof (b) It shall be unlawful for any person to make or cause any nosso of such character, Jntenmty and continued duration ns to substa~ally mterfero Mth tho comfoflablo enjoyment of private lmm by persons of ordinary seum~olbtles (c) The following acta, amons other, a~ declared to bo noise nmsanc~ m violation of this Code, but suoh enumeration shall not be de~ned to bo exclumve (I) The playing of any phono~'aph, television, radio, or any mumcal mstmment in such manner or with such volume, so as to be clearly audible to a person m thmr residence, and (a) Dunns the daytnne, measure more than 65 dba on the A-wm~htmg scale on an approved sound-level mete~ at mo~e than 50 feet from (b) During the mshtt~ne,, measure mo~e than 65 dba on the A- WelShting scale on an nFl,~oved soufld-levol meter at more than 50 feet fi'om the source, or (¢) Durms the daytime, m a muli~-fmmly dwelhn~, measure more than 50 dba on the A-wmghtmg scale on an approved sound-level mete~ in any mtja~e~t umt, or (d) Dlfftll~ the mF~lme, in a multi-family dwolJins, be clearly audible within any unit that is not the source on the sound (2) The use of imy stat~onmy loudspeaker, amphfim', mumoal instrument, or sound amphfyJng eq~F~i,mt m such a rammer or with such volume so as to be clearly audible to a person in their residence, and (a) Durmg the day.e, be of such mtemfly and volume so as to measure more than 65 dba on the A-scale on a sound.level measming dovlce at more than 50 feet from the source, or (b) During the mghtttme, be of such intensity and volume so as to measure more than 65 dba on the A-scale on a sound-level meastmnS dewce at mo~ than 50 feet from ~he source, or Pago 3 of 6 (c) Durms tho daytnne, m a multl-fnmdy dwelling, meaSm~ move ~m $0 dba on the A-weighting scale on an approved sound.level mete~ ,n any adjacent unit; or (d) Dunn~ ~he mghtmne, m a mulu-fatmly dwolims, be cle~ly aufl,'blo wflhm any umt that is not tho source of the sound, or (e) At ~ny time on smd~y~ (f) l~ovlded, howove~, that the c~ty council may mako ~XCOlmons upon apphcat~on for sound lc~els or hours of operation whe~ tho public intrust villi b~ served thereby. (3) Thc croatlon of vtlmmon or bass rev&oerat~ons at any tuno that pe~coptxble i~s~do a complaining pe~sml's r~sldmc, o. though tho s~so of to-ach, or throuF, h wsual observaUon of moving objects, or throush tho smse of heam~ (4) The use of any radio, stero, amphfior, sound amphfymg ~qmpmenk or other m-asleal d~vJc~ installed or contained m a motor veluclo at a volumo such that ~t ~s cloarly audible to any j~son from moro then 35 f~t from tho ve~ncle ($) Tho blovflns of any steam whistle attachat to any stationary bod~r or the blowing of slJy othor loud or far-reaclung stoam whistle vflthm tho lirmts, excopt to ~vo notice of the tm3~ to bo~n or stop work or ns a warning ofdanser. (6) The erection. ~xc~vatlon. demohtlon, alma,]on, or repmr work on any building at any~ other than between tho hours of 6 00 am amd 8 30 pm Monday ~broush Fndny f~m Iun~ I to S~ptmnber 30. botw~m 7 00 mn and 8 30 pm Monday th~uF.h Fnd~ fi~m October I to May 31. between 8 00 mn and 8 30 pm on Saturday. and between 1 O0 pm and 8 30 pm on Sunday. prowd~d, however, that the cfly co, moll may lssuo special for such work at other hours in oas~ of urgent n~r~smty and m tho interest ofpubhc safo~y md conv~nlenee. (7) The ~eation of any loud and ~xc~smw no~se m c~on vflth tho loaduls~ or mJloadins of any ve. hlcle or the opening or d~ruotlon of bales. boxes, crates or oontnme~s. (8) Tho use of any drum. loudspeaker, or othc'r mstFume~t or d~cc for tho purpose of attraotms afl~nt~on by tl~ or~mtlon of noises to aay per~ormonoo, show. thon~, motion p3oturo house~ salo of me~hfmdlsc, or Page 4 of 6 d~splay which causes crowds or people to block or congregate upon the sid~valks or ~'u~s near or edjacant thereto S. Outdoor Music Festivals. (a) At any outdoor music festival, it shall be unlawful for any person or gr°uP sponsoring tho evant to make, cause, allow, or pen~t any noise that (!) Exceeds 70 dba on an approved sonnd-l~vel meter whan measured at the established perimeter of the evanL (2) Provided, the c~ty core, mi may make except~ous upon apphcatlon for sound levels or hours of operation when the pubhc interest vail 6. Crindnal Penalty. (a) A person conmM8 an offense If he violates or ntte~npts to violate a provision of this chapter applicable to ~ A culpable mantal state is not reqmred for the conmusmon of an offense under tlus chapter unless the pro~mon dafinmg the conduct expressly reqmres a culpable mental state A aspa~ate offe~so ts conmutted each day in wluch an offense occu~ An offense comlmtted tinder this chaptea' ~s pumsbeble by a fine of not more than S500 (b) l~usecu~on for an offer, se under Subsection (a) does not 1)revant tho use of other enforcan3ant Femedles or procedures epphcable to tho l~Son cberged w~th or the conduct revolved m the offanse ~ If any section, subeectton, paragraph, sentence, clause, phrase, or word m tins ordinance, or avphcet~on thereof to any person or ctranmstnnces is held invahd by any court of competent jurisdiction, such holding shall not effect tho vnhdity of ibc mnnmmg pomous of tins ordinance, end tho City Counml of tho Cfly of Denton, Texas hereby declares fl would have enacted such remaining po~ious desp~to any mvchdfly ~ Save and except es e~rnended hereby, all the provmmns, sections, subsechons, para~p,,pbs, santances, clauses, end phrases of the Code of Ordmnnces shall remain m full forco end effect ~ Tins ordinance shall become effective fourtcen (14) days ftorn tho dato of its age, and the City Secretary Is hereby directed to causu the caption of tins ordinance to be ~u%liP~ed tMce ,n tho Denton Record-Chromclo, the officml newspaper of tho City of Denton, Texas, w~th~n ten (10) days of the date oflts passage Page 5 of 6 ~ This ordmanca shall b~ r~iewed by tho C~ty Comanl wtinn mx months of data of~ta paaaasa. Tins o~_~ shall red,nm m full fotc~ and effect unlasa ~aled or ,A~qSi~D AND A.PPRO¥1~D th~, th~ ~.~ d"Y °f 7~/~ ..~ 2001 EULINE BROCk, MAYOR ATI~ST ~rNiidzl~ WALTE{~, t;l'£Y SECRBTARY Al~ltO~ AS TO LEGAL FORM HERBERT L PROUTY, CITY ATI'ORNBY Page 6 of 6 AGENDA INFORMATION SHEET AGENDA DATE February 19, 2002 DEPARTMENT Water Utfllty ACM Howard Martin ~ SUBJECT Consider approval of an ordtnance of the City of Denton, Texas, anthonztng the Mayor to execute an Interlocal Cooperation Agreement by and between the Ctty of Denton, Texas and the County of Denton, Texas pertammg to the mmntenance responsibilities of the Ctty regarding certmn County roads adjacent to the Ctty's Lake Ray Roberts Water Treatment Plant, authorizing the expenditure of funds therefor, and providing an effecttve date BACKGROUND Ingress and egress to and from the new Lake Ray Roberts Water Treatment Plant famhttes will have truck traffic impacts on sections of two roads in Denton County The tncreased truck traffic on these roads due to the construction of the Lake Ray Roberts Water Treatment Plant ts also expected to have a significant impact on these two roads over the next two years The locatton of the road secttons effected begtn at the northernmost tntersectton of Burger Road and F M 2153 travehng a dtstance of approxtmately twenty-rune hundred and thirty (2,930) feet to the tntersectlon of Burger Road and Lake Ray Roberts Dam Road and travehng north for a distance of twenty-two hundred and fifty (2,250) feet to the driveway entrance of the U S Army Corps of Engtneers Property (Exhablt I) There may also be a need for modfficatton of the road sections at the intersection of Burger Road and Lake Ray Roberts Dam Road to accommodate the turning radius of some of the larger servme vefucles that will be provtdmg supphes and treatment chemicals to the plant dunng operation of the facflmes Early planning regarding the use of these roads w~th the Denton County Road and Bndge staff mdlcated that the City of Denton would need to repave the affected roads after the constmcnon process was completed Funds for this work were planned to be tncluded m the Water Utilities O&M budget after the construction project was completed tn FY 2003 It was later discovered by staff that the majonty of county roads, including the two road secttons providing assess to the plant stte, were designed and posted for load hmlts of 25 tons Many of the vehmles that wall travel on these roads dunng both the construction phase and dunng future operation of the facflmes will be tn excess ofthts load hm~t To avoid potential problems with County authorities concernmg these posted load hm~ts, city staff contacted staff at the Denton County Public Works Department and chscussmg methods to resolve these concerns These dtscusslons lead to the need for an tnterlocal agreement for the mmntenance responslbahty concermng the two road secttons and ehmmattng the current weight limits posted for these two road sections The proposed lnterlocal agreement (Exhibit 1II) has been review by the Utthty Department's legal staff and has been reviewed by the County Road and Bridge and Legal staff The current Interlocal Agreement draft was framed after a s~mflar ~nterlocal agreement ~nvolwng street mmntenance between the City of Denton and Denton County in 1993 (Exhibit IV) Key provisions of the agreement are summarized below · The City of Denton will assume future mtuntenance responsibilities for these two road sections · Denton County will remove the posted load restrictions for these two road sections · The term of the agreement is 20 years Pending approval of the ~nterlocal agreement by the C~ty of Denton's City Council, the agreement will be forwarded to Denton County for approval by the County Commissioners OPTIONS Construction could continue w~thout implementation of the Interlocal Agreement risking · Legal actmns by Denton County Constable or Sheriff's Department · Future hablhty related to road repmr RECOMMENDATIONS Staff recommends approval of the lnterloeal agreement Staff took th~s item to the Pubhc Utlhtles Board on September 17, 2001 for review and discussion The PUB recommended approval of the agreement by a vote of 6-0 A copy of the September 17, 2001 PUB meeting minutes are attached as Exhibit V PRIOR ACTION/REVIEW (COUNCIL~ BOARDS~ COMM ) PUB September 17, 2001 - Receive a report and hold a discussion concerning an lnterlocal agreement with Denton County for road maintenance related to the Lake Ray Roberts Water Treatment Plant facilities FISCAL INFORAMTION It ~s estimated that the lmtlal overlay work to repmr the roads after the construction project ~s fimshed will cost between $ 70,000 to $150,000 Subsequent annual mmntenance costs over the life of the agreement are projected to range between $ 7,000 to $ 15,000 Funds would be budgeted in the Water Utilities O&M budget beginning in FY 2003 to cover this initial expense Subsequent funding for annual road maintenance would be included ~n future budget years on an as needed basis 2 EXHIBITS 1 Location Map 20rdmartce 3 Interlocal Cooperatmn Agreement 4 1993 Interlocal Cooperation Agreement 5 September 17, 2001 PUB meeting minutes Respectfully Submitted Howard Mart~n Assistant City Manger / Ut~ht~es Prepared by Timothy S Fisher, P E Assistant Director of Water Utflltms 3 Road Maintenance Agreement Location DEiNTON ~BERTE REATMENT s~TE ICITY OF DENTONII l lnchequals800feet W^~ER UTILITYll ~ EXHIBIT 4 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE COUNTY OF DENTON, TEXAS PERTAINING TO THE MAINTENANCE RESPONSIBILITIES OF THE CITY REGARDING CERTAIN COUNTY ROADS ADJACENT TO THE CITY'S LAKE RAY ROBERTS WATER TREATMENT PLANT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the Mayor, or ~n her absence the Mayor Pro Tem, is hereby authorized to execute, on behalf of the C~ty, an Interlocal Cooperation Agreement between the City of Denton, Texas and the County of Denton, Texas pertmmng to the matntenance responsibilities of the City regarding certmn county roads adjacent to the C~ty's Lake Ray Roberts Water Treatment Plant, which is currently under construction, substantially m accordance w~th the Interlocal Cooperation Agreement which ~s attached hereto and mcorporated by reference herein SECTION 2 That the expenditure of funds by the City as set forth in the Interlocal Cooperation Agreement is hereby anthonzed SECTION 3 That this ordinance shall become effective lnuned~ately upon 1ts passage and approval PASSED AND APPROVED thas the .day of ,2002 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY -ntonS \Our Doeuments\Ordmanecs\02\Interlocal Agrmt Co of De Roads Water Ttmt Plant doc EXHIBIT 2 5 STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT ts made and entered into by and between the CITY OF DENTON, TEXAS, a Texas Munmtpal Corporation (hereinafter the "CITY") and DENTON COUNTY, TEXAS (heremafter the "COUNTY"), each orgamzed and existing under the laws of the State of Texas, acting by and through and under the authority of their respective govermng bodies and offictals, and WHEREAS, the CITY and COUNTY are local governmental entrees ergantzed under the laws of the State of Texas, and both of whom have the authority to perform the servmes set forth m thas Agreement mdtvtdually, and who mutually desire to enter into an mterlocal cooperatton agreement, as provided for m Chapter 791 of the Texas Government Code (Vernon 1994) tn order to max~mtze the benefits to the cttlzens of the CITY and the COUNTY to be derived from each taxpayer dollar expended, and WHEREAS, the COUNTY has prevtously constructed roads outside the corporate hm~ts of the CITY that are operattonal and are curremly mamtmned by the COUNTY, wl~ch roads are more partmularly described as follows, to w~t Begmmng at the Northern sectton of Burger Road and extending East from the Northern mterseetton of Burger Road and FM 2153 for a d~stance of approxtmately 2,930 feet to the intersection of Burger Road and Lake Ray Roberts Dam Road, and extendtng North ~rom the mterseet~on of Burger Road and Lake Ray Roberts Dam Road for a thstance of apprnx~mately 2,258 feet North to the driveway entrance of the USACOE Maintenance Famhty parking lot in North Denton County (the "Affected Roads"), and as represented m Exhibit "A," attached hereto WHEREAS, the CITY has commenced construction of the Lake Ray Roberts Water Treatment Plant, and the ennstruetton phase w~ll probably commue for approxtmately two (2) years from the beglranng of the Project Dunng that tune, the CITY expects that constructten will rcqmre trucks and other vehmles to travel on the Affected Roads m excess of the posted wetght limit of the COUNTY of twenty-five (25) tons Following completion of construetton acttvtttes, the CITY expects that there wall be additional vel~cles m excess of the posted weight hmlt that wall need to travel on the Affected Roads m order to prowde routine operatmn and maintenance, and to provtde for future expanston, and WHEREAS, the CITY and COUNTY destre to estabhsh maintenance responstbthtles on the Affected Roads, as permttted by Sectton 791 003(c) of the Texas Government Code, to more effectively and effimently mamtatn the Affected Roads tn a proper state of repmr tn hght of the expected use of the roads by the CITY, to avmd unnecessary or duphc~tous expense, to actueve convemence for the CITY, to eqmtably EXHIBIT 3 provide for the mmntenance responslblhty to be prod by the governmental umt that is predormnately utilizing the Affected Roads, and to take mutual advantage of any economies of scale, thereby resulting in cost savings to their respective taxpayers, and WHEREAS, the COUNTY ~s w~llmg to delegate the respons~blhty regarchng the future maintenance of the Affected Roads to the CITY as provided by this Interlocal Cooperation Agreement The CITY and COUNTY, by this Interlocal Cooperation Agreement (the "Agreement") express their mutual understanding that the relationship to be created by implementation of this Agreement is that of two local governmental entitles prowdmg for the mmntenance of the Affected Roads, and WHEREAS, there is a valid governmental purpose served by this Agreement by the CITY and COUNTY to provide for the mamtenance of the "Affected Roads" by the CITY, and WHEREAS, the CITY and COUNTY agree that any payments made m connection with governmental functions provided for by th~s Agreement shall be made from current revenues avmlable to the paying party in accordance with the prows~ons w~th the prowmons of Section 791 011 (d)(3) of the Texas Govemment Code, and that the payments made pursuant to the Agreement are adequate and fmrly compensate the performing party for the serwces or functions performed, ~n accordance with the provisions of Section 791 01 l(e) of the Texas Government Code, and WHEREAS, the Interlocal Cooperation Act, now contmned in Chapter 791 of the Texas Government Code (Vernon 1994), anthonzes the CITY and the COUNTY to enter into tl, ns Agreement for the purpose of achieving the governmental functions and providing the road maintenance services represented by th~s collective, cooperative undertaking, and WHEREAS, the COUNTY, by its duly-authorized Commissioner's Court, has g~ven spemfic written advance approval for entenng into th~s Agreement with the CITY, as required by Section 791 014(a) of the Texas Government Code, and NOW THEREFORE, the CITY and COUNTY, for and ~n consideration of the premises and the mutual covenants set forth ~n this Interlocal Cooperation Agreement, and pursuant to the authority granted by the governing bodies of each of the part,es hereto, m accordance with Section 791 0II(d)(1) of the Texas Government Code, do hereby AGREE as follows ARTICLE I iNCORPORATION OF PREAMBLES All matters and rec~tataons stated ~n the preamble to this Agreement are true and correct and are hereby mcorporated by reference mto the provlsmns of this Agreement for all purposes 2 ? ARTICLE II PURPOSE OF AGREEMENT The purpose of tlus Agreement is, as designated in the preamble, to ewdence the agreement of the CITY and the COUNTY to provide for the maintenance of the Affected Roads for the term of the Agreement ARTICLE III TERM OF AGREEMENT This Agreement shall be effective as of the __.day of ., 2002 and shall continue m force and effect for a term of twenty (20) years The parties may each elect to terminate tins Agreement, as perm, tted under the provisions of Artmle IV hereunder ARTICLE IV TERMINATION OF AGREEMENT Tins Agreement terminates upon the first to occur of the following events A By mutual wntten agreement of the CITY and COUNTY, or B Twenty (20) years from the effective date of this Agreement, or C By either party, if a party defaults or breaches any of the terms or conchtlons of this Agreement and such default or breach is not cured within sixty (60) days after written notice by the non-defaulting party to the defaulting party, or D Tins Agreement may be terminated at the discretion of the Commissioner's Court of the COUNTY, upon sixty (60) days written notice to the CITY, if appropriate circumstances arise in the future to warrant such action ARTICLE V CONSIDERATION TO BE PAID OR AFFORDED BY THE CITY TO COUNTY The consideration to be paid or afforded by the CITY to the COUNTY for the term ofttus Agreement, is as follows A The CITY shall assume responsibility for the corrective and routine matntenance of the Affected Roads, and B The CITY agrees to provide staffing, equipment, and matenal for any mmntenance, repair, and/or mod, ficatlons to the Affected Roads as required to malntmn them at a level consistent with prior COUNTY mmntenance standards, and 3 8 C The CITY will accept all financial responstbthtles that are due to the mmntenance, repmr, and/or modfficatlons of the Affected Roads, and D The CITY agrees to be overseen by COUNTY staff as to the Affected Roads, if need be, and E The CITY agrees to prowde lnfonnat~on to the COUNTY regarding mmntenance, repmr, and/or modlficatmn activities, as reasonably requested by the COUNTY dunng the term of the Agreement ARTICLE VI CONSIDERATION BY THE COUNTY The consideration to be pa~d or afforded by COUNTY to the CITY for the term of tfus Agreement, ~s as follows A The COUNTY agrees to suspend the load hmlt of twenty-five (25) tons that ~s currently posted and effective for the Affected Roads, and B The COUNTY shall cooperate w~th the CITY, and shall facdltate the CITY's construction, operation, mmntenance, and future expansion of the Lake Ray Roberts Water Treatment Plant and associated famht~es at the s~te, and C The COUNTY shall do that which ~s necessary to assure a smooth trans~tlon of the maintenance of the Affected Roads to the CITY ARTICLE VII FORCE MAJEURE Events of Force MaJeure shall mean any contingency or cause beyond the reasonable control of a party ~ncluchng, without hm~tat~on, acts of God or the pubhc enemy, war, not, mwl commotion, msurrect~on, government or de facto government action (unless caused by acts or omissions of the party), fires, explosmns, rmn or other weather delays, floods, strikes, slowdowns or work stoppages ARTICLE VIII HOLD HARMLESS To the extent allowed by the Constitution and statutes of the State of Texas, and w~thout wmvmg any nnmumty or hm~tat~on as to habd~ty, COUNTY agrees to and shall ~ndenmffy and hold harmless the CITY, ~ts officials, officers, agents, employees, or attorneys from and against any and all clmms, losses, damages, causes of action, stats, and hablht~es of every kind, including all expenses of ht~gat~on, court costs, and attorney's fees, for injury or death of any person, or for damages to any property, real, personal, or intellectual, arising out of or m connection w~th the use, but not the ~nstallatlon or maintenance, of the fiber optic network the subject of th~s Agreement, where the ~njury or death or damage ~s caused by the neghgence of COUNTY, tts officmls, officers, agents, employees, or attorneys, except that the COUNTY assumes no 4 9 habfllty for the sole negligent acts of CITY, its officials, officers, agents, employees, or attorneys To the extent allowed by the Constitution and statutes of the State of Texas, and without wmvmg any lmmumty or hmltatIon to habthty, the CITY agrees to and shall lndemmfy and hold harmless COUNTY, its officials, officers, agents, employees, or attorneys from and agmnst any and all claims, losses, damages, causes of action, suits, and hablhtles of every kmd, ~ncludmg all expenses of htlgat~on, court costs, and attorney's fees, for injury or death of any person, or for damages to any property, real, personal, or mtellectual, arising out of or in connection w~th the installation or maintenance, but not the use, of the fiber optic network the subject of the Agreement, where the injury or death or damage is caused by the negligence of CITY, its officials, officers, agents, employees, or attorneys. ARTICLE IX GOOD FAITH NEGOTIATION AND DISPUTE RESOLUTION Whenever a dispute or thsagreement arises under the terms of thru Agreement, the parties agree to enter into good froth negotiations to resolve such disputes If the matter continues to remmn unresolved after good faith negot~ations by the parties, then the matter shall be referred to outside methatlon This provision is mandatory, and shall be a condmon precedent to the fihng of any litigation by either or both parties ARTICLE X ASSIGNABILITY/CONSENT Except as otherwise provided herein, or except as may be hereafter determined by the parties, no party to this Agreement may sell, assign, or transfer its interest in this Agreement, or any of its right, duties, or obligations hereunder, without the prior written consent of the other party Whenever the consent or the approval of a party is required herein, such party shall not unreasonably w~thhold, delay, or deny such consent or approval ARTICLE XI NOTICE Any notme given by one party to the other in connection with this Agreement shall be m writing and shall be by personal delivery, sent by registered mml or certified mall, or by U S Mall, return receipt requested, postage prepmd, to CITY Office of the C~ty Manager C~ty of Dentun, Texas 215 East McI~nney Denton, Texas 76201 5 COUNTY Office of the County Judge Denton County, Texas 110 West Hickory Denton, Texas 76201 Notme shall be deemed to have been received on the date of receipt as shown on the return receipt or other written ewdence of receipt ARTICLE XII MODIFICATION No wmver or modfficat~on of thru Agreement or of any covenant, condition, hm~tat~on herein contained shall be valid unless ~n writing and duly executed by the party to be charged therewath No ewdence of any wmver or modfficaUon shall be offered or received m ewdence m any proceeding arising between the part,es hereto out of or affecting th~s Agreement, or the rights or obhgat~ons of the part,es hereunder, unless such wmver or modfficatxon ~s m wntmg, duly executed The part,es further agree that the prows~ons of th~s Article will not be wmved unless as herein set forth ARTICLE XIII SAVINGS/SEVERABILITY In the event that any one or more of the prows~ons hereof contamed ~n tfus Agreement shall for any reason be held to be ~nvalld, illegal, or unenforceable m any respect, such mvahdlty, fllegahty, or unenforceabfl,ty shall not effect the other provisions, and the Agreement shall be construed as ~f such reval,d, illegal, or unenforceable provision had never been contmned in th~s Agreement ARTICLE XIV GOVERNING LAW AND VENUE Tfus Agreement shall be construed under and governed by, and m accordance w~th the laws of the State of Texas, and all obhgat~ons of the part,es hereto, created by tfus Agreement are performable m Denton County, Texas Venue of any stat or cause of actmn under flus Agreement shall lie exclusively ~n Denton County, Texas ARTICLE XV ENTIRE AGREEMENT Tfus Agreement and the exfublts attached thereto, constitutes the entire agreement among the part,es hereto with respect to the subject matter hereof, and supersedes any prior understandangs or written or oral agreements between the part, es w~th respect to the subject matter of th~s Agreement No amendment, mothficat~on, cancellation or alteration of the terms of thas Agreement shall be binding on any party hereto unless the same ~s m wntmg, dated subsequent to the date hereof, and is duly authorized and executed by the part, es hereto 6 11 ARTICLE XVI WAIVER OF TERMS AND CONDITIONS The failure of eather party to enforce or ~ns~st upon comphance w~th any of the terms or conchtaons of this Agreement shall not constitute a general wmver or rehnqmshment of any such terms or cond~tmns, but the same shall be and remmn at all times an full force and effect ARTICLE XVII AUTHORITY OF PARTIES Thas Agreement as made by and entered ~nto by the duly-authorized officials of each respectave governmental entity ARTICLE XVIII CAPTIONS The captaons contmned m th~s Agreement are for ~nformatmnal purposes only and shall not an any way affect the substantave terms or cond~taons of th~s Agreement ARTICLE XIX COUNTERPARTS Thru Agreement may be executed in any number of counterparts, each of which shall be deemed an ongmal, and constitute one and the same instrument 1N WITNESS WHEREOF, the City of Denton, Texas has caused thas Agreement to be executed m two (2) original counterparts, by ~ts duly-authorized and empowered Mayor, and Denton County, Texas has caused this Agreement to be executed by ~ts duly- authorized and empowered County Judge on thas the day of , 2001, to be effectave as of the day of _, 2002 CITY OF DENTON, TEXAS By EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By 7 12 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By ~C~]ty A~ey x DENTON COUNTY, TEXAS By COUNTY IUDGE ATTEST COUNTY CLERK, DENTON COUNTY, TEXAS By APPROVED AS TO LEGAL FORM BRUCE ISAACKS, DISTRICT ATTORNEY By Assistant Dmmct Attomey/C~wl S \Our Documents\Contmets\Ol\Interloeal Cooperatmn Agrmt C~ty-County Roads Water Treatment Plant doc 8 13 D NTON COUNTY DEPARTMENT Of:; PUBLIC WOP4<$ MICN~EL a ,~ON~$, P ~ ~RIP.,FINO AO~N~^ MEMORA~UM TO. COMM'~SSIQN~RS COURT FROM. DRI~ARTMENT OF ~UBLIC WORK~ ~ SU~ ~OCAL COOP~ON AGRE~ME~ ~ ~ ~ OF D~ON FOR SHA~ ROADWAY DA~. ~b~r ~, 1~93 ~ ~bh; WQT~ D~ment ofDento~ Coun~ ~d the Clty ~gin~nng 3~ffof ~e ~ of ~nme~ ~ds for sev~ months %e folloWmg ICA repr~cnu our f~m~ ~ matter for ~c Commtmoner~ Cou~ approval. ~e C~ty of Denton wxll also ~e TMPA~ ON O~E~ON~ AND ~ts pm~ agr~ment wall f~[h~m a mom eff~uve ~d ~ffic~ent ~og~ for mmnt~ ~ts pro~ ICA h~ b~ revmw~ by ~, Para Wells ~d h~ rcva~ In ~rd~ w~ her EXHIBIT 4 pe=~eCe~ a~ t~e boundaries o~ Denton county and ~he CL~y o~ DeACon ~S~SAa, There has been uncerCa~nW in faa past concerning ~ln~enance reepons~b~liW ~or several o: these per~eCer roads; Ir~ZA8, The County an~ city desire :o establish na~ntanance ?be County and C~Cy aseume maAncon~noe/reconac~ucC~op ¢ p~av~ded unde~ k~c~ea ~ZZ o~ V. -2. l? H~ O~me~ ~.~, =10%~ waft C~Cy L~LCl 433 18 E~TBIT .~ H TEE ~,,p PROVIDED TO TRE C0~SSIONi:R~ C0~2t? AT T'dE OCTOBF. R 12, 1993 MF.~T~NG 19 , ~. HODGE~: Wo v=r~od yesterday on yo~r report. is approval of I~=erlccal Cooperation A~esment a~prQve, X w~ll ~c ahead ~nd recognize ~. Zwin~t. our director -- ~ay have had acme ~ro~lems out on some h~e, The 8~me~s I handed 7ou -- wa had ~hrae changes our depar=man~. Wa sene o~ cop7 over C~ara and so ~s, RiV~-WO~. N~, air. 2o more help ~an w~a~ we ara allowing CAe city ~ ,~k Wagoner, ou~ ~ield s~pa~inc~anC~ ~a ~avu 5 w~a~ t;~o o~¥ can handle, And I'll move on ',',','C~e I8 I ~. ~WIHGGZ: Okay, 34 about ~he materials we Aave previouslM provided. Vo~3n~ ~oc~ by ~re~ ~o~ cbc Cansu~cton~ Amendmon~ El~mn u o~ ~hc dQ~ o~ voc[n~ I~ ~l~B -~U~LIC ~O~KS/IN~OC~ COOP~TION AG~/C~ D~ON/SHA~D ROADWAY MA~ANC~ ~hc City o[ Denton. Mr Zvm~g~ seated the sheets he handed co tho m~bon follow~n~ cht:c ~co~. i) ~nd ~) on ~h~b~c 'a" co say 'DE~ON CO~ MAI~AIN ' and "CI~ OF D~ON ~ ~AIN" on the al~ h~m; ~hrQ~gh Iht adv~ of court l=~ ve~k they added piragraph three vhs~ ~pl~n~ the Carmen R~vera.~or[ey. As~canc Dsstn~ At:orney ~ned co ~e ~monen ~un, stated the concerns o~ ~e coon ]~c week had been addr~se~ roam ~ng sa forth Camm, Hill scac~ choy dJd aka mca consJd~on no~ ogy cbc essence a~uJrm~ raad~ chac may need · loc more money md a loc more help ch~ Mr Zwmggl ~awcr:g chrough~a;~ W~Gner, F~eld SupenntendenffA~mr, Wa6fler Save them cbc b~k~round of che field con~tlo~ ad ch~ took ~ mca t~tr offl¢~ w= h~p~ v~ch this ICA ~d ch~ ~cem had been ~e~ Mouon by Co~, Hd], second by Co~. Jacobs ~ mo~ on tho rKo~en~ou (~ppraval of ch: ICA with the C~cy of Denton for shoed roadway m~). Comm. ]acoba a~r~d co c~c ~ndmen: ~ended motion ca~ed 3 O, Cau~ Order Number: 9~.0209 I~A 0a~sgon o~ ngw ~l~slicm~ ~d ~y appropm~e ~toa. , Judge Mo~ meed :tern ~DA, Non.Dep~nt~ Iz~lmon ~ula bo Ne ~I~B. NON-D~~CONS~U~ON ~ ~ of 10- G~obcr 19, 25 ! 2 PUBLIC UTILITIES BOARD MEETING MINUTES 3 September 17, 2001 4 5 After determlmng that a quorum of the Public Utdities Board of the C~ty of Denton, Texas was 6 present, and after convcmng an Open Meeting, the Public Utilities Board convened into a Closed 7 M¢¢tm§ Monday, September 17, 2001 at 9 00 a m m the Service Center Traunng Room, C~ty of 8 Denton Servtce Center, 901-A Texas Street, Denton, Texas 9 10 11 PRESENT Dick Norton, Charldean Ncwcll, George Hopkins, Jim Wilson, D~ck 12 Smith and Bill Cheek 13 14 EX OFFICIO MEMBERS 15 Mike Conduff, Ctty Manager 16 Howard Mart~n, ACM/Ut~httes 17 18 EXCUSED: Don White 19 20 21 ITEMS FOR INDIVIDUAL CONSIDERATION 22 23 24 9) Receive a report and hold a d~scusston concermng an Interlocal Cooperation 25 Agreement with Denton County for Road Maintenance related to the Lake Ray 26 Roberts Water Treatment Plant Facfltties 27 28 Fisher also presented this ~tem He explained that increased truck traffic would ~mpact secttons of 29 two roads to and t~om the new Lake Ray Roberts Water treatment Plant The location of the road 30 sections affected begm at the northernmost interseetton of Burger Road and FM 2153, traveling a 3 ! dtstance of approximately 2930 feet to the intersection of Burger Road and Lake Ray Roberts Dam 32 Road, and travehng north for a dtstance of 2250 feet to the driveway entrance of the U S Army 33 Corps of Engineers Property 34 35 Ftsher tndtcated that early planmng mdtcated that thc C~ty of Denton would need to repave the 36 affected roads after the construction process was completed The funds for the work were to be 37 included tn the Water Utd~t~es O&M budget after thc construction project was completed m FY 38 2003 It was later dtscovered by staff that the majority of county roads, mclud~ng the two road 39 secttons provtdtng access to the plant stte, were destgned and posted for load limits of 25 tons not 40 42 tons, wtuch ts normal for the operatton of the plant Staff contacted the Denton County Public 41 Works Department to dtscuss methods to resolve concerns and the discussions led to the need for 42 an intcrlocal agreement for the mmntenance responmbdity of the two road secttons and ehminatmg 43 the current wetght hrutts The term of the agreement is 20 years 44 45 Smith moved to approve Hopkins seconded Motton was approved unanimously 1 26 EXHIBIT 5 AGENDA INFORMATION SHEET AGENDA DATE February 19, 2002 DEPARTMENT Au'port and Trarmlt Operations ~/ ACM Jori Fortune, ACM, Public Safety and Transportation Operations ly SUBJECT Consider the adoption of an ordinance approving an airport lease agreement between the City of Denton and U S Flight Academy for use of a portion of the Denton Municipal Airport for commercial hangar/office and related services, and providing an effective date BACKGROUND Mr Coffee, Managing Director, U S Flight Academy wishes to lease a parcel of land totaling approximately 34,000 square feet of land at the Denton Municipal Airport The terms of the lease will obligate Mr Coffee to construct a structure of not less than 12,000 square feet Tbas facility will be constructed for the purpose of commercial or general aviation fhght instruction, aircraft rental, mroraft repair, FAA test administration, retail pilot shop, flight simulation services, charter flights, tie-down services and storage space US Flight Academy will also construct necessary mfi'astructure to access current taxlways and access roads OPTIONS I Approve the lease as proposed II Provide staff d~reetlon w~th adchtional lease options RECOMMENDATION The Airport Adwsory Board recommends approval of the lease as proposed The proposed development will increase the tax base and will provide services, which are presently not available and increase the number of based alreraf~ on the field ESTIMATED SCHEDULE OF PROJECT The lease would become effective March 1, 2002 and continue through the last day of February 2032 (30 years) The lease also provides for two successive option terms often years each PRIOR ACTION/REVIEW The C~ty Attorney's Office has rewewed the proposed lease The A~rport Adwsory Board recommends approval of the lease as presented FISCAL INFORMATION The lease rate for the ~dentffied s~te ~s $0 15 per square foot The lease rate for the first two years will be $5,100 per year The lease agreement provides for rate adjustments, Consumer Price Index adjustments, every other year for the term of the lease as per FAA reqmrement EXHIBITS Ordinance Lease Agreement Respectfully submitted D~rector of A~rport and Transit Operatmns ORDINANCE NO AN ORDINANCE APPROVINft AN AIRPORT LEASE AGR_EEMBNT BI~TW~tiN THE CITY OF DENTON AND US i~LI~3HT ACADEMY FOR USE O1~ A PORTION OF THR DENTON MUNICIPAL AII~ORT FOR COMMERCIAL HANGAR/OFFICE AND RELATED SF, R.VICES; AND PROVIDING AN EFFECTIVE DATE WI'IBREA~, The D~mton Airport Adwsory Board has recommended the approval of the herein described ktrport WHEREAS, the City Counoxl of the City of D~mton, Texas hereby finds that smd A~rport Lease Agreement ~s m the pubho interest; NOW, THEREFOR THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ~.CTION 1 The C~ty Maual~er is hereby authowzed to execute an Au'port Lease Agreement betwoan the Cx~y of Denton and US Flight Academy m substanually the form of the Ampor~ Lease A~;reoment which iz attacked to and made a pm of tins ordmauce for all purposes, for the .purpose of pro,admg commercial ho.u~ar/offioe, flight instruction, aircraft maintenance related Svnaoes at the Denton Municipsl Airport. SECTION approval, PASSF. D AND APPROVED tins the day of ,2002. BULI~,~, Bi~OCI~ MAYOR ATTEST: 3ENNIFER WALTN_R~, CITY SECRI~TA.RY BY APPROVBD AS TO LEOAL FO~I' HE~I~NEY 3 AIRPORT LEASE AGREEMENT COMMERCIAL OPERATOR THE STATE OF TEXAS{} KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON§ This lease is made and executed this __ day of February, 2002, at Denton, Texas, by and between the City of Denton, Texas, a mumcipal corporation, hereinafter refcned to as "Lessor", and U S Flight Academy, Limited Liability Company, having pnnelpal offices at 2020 Skylane, Denton, Texas 76207, hereinafter referred to as "Lessee" WITNESSETH WHEREAS, Lessor now owns, controls and operates the Municipal Airport (Airport) in the City of Denton, County of Denton, State of Texas, and WHEREAS, Lessee desires to lease certmn premises on said mrport and construct and maintain an mreraft hangar and related aviation facilities thereon, NOW, THEREFORE, for and in consideration of the promises and the mutual covenants contmned in this Agreement, the parties agree as follows I C,,{3NDTTTONIR OF AGRRRMF, NT NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER CONTAINED, THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS SECTION SHALL BE B1NDING A PRINC, IPI,F,R OF OPF, RATION,q The right to conduct aeronautical and related activities for furnishing services to the public is granted to Lessee subject to Lessee agreeing 1 To furnish stud services on a fair, equal and not unjustly discnnnnatory basis to all users thereof, and 2 To charge fair, reasonable and not unjustly discriminatory prices for each unit or service, provided, that Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers B NON.DI,qC, RIMINATIC)N Lessee, for himself, his personal representatives, successors and interests, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that 1 No person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to dlscnnnnatlon in the use of smd facilities, 2 In the construction of any improvements on, ovei, oi under such land and the furmshmgs of services thereon, no person on the grounds of race, religion, color, sex, or national ongm shall be excluded from parhclpatlon in, denied the benefits of, or otherwise be subjected to discrimination, 3 Lessee shall use the premises in comphm~cc with all other leqm~ements imposed by ol pursuant to Title 49, Code of Fedeial Regulations, Department of Tralisportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Fedelally assisted programs of the Department of Transportation - Effectual of Title VI of the Civil P~ghts Act of 1964, as smd Regulations may be amended C I/TGI-IT OF INDIVIDITAI,R TO MAINFAIN AIRCRAFT It is clearly understood by Lessee that no right or pnvdege has been granted which would operate to prevent any person, firm or corporation operating mmraft on the airport from perfoiTnmg any services on its own mrcrafl with its own regular employees (including, but not hmlted to, mamtenance and repair) that it may choose to perform D NON-RXCIIlSIVE RIGHT It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of T~tle 49 U S C Appendix {}1349 E pIIFIIJC ARRAS 1 Lessor reserves the right to further develop or improve the landing area of the mrport as it sees fit, regardless of the desires or views of Lessee, and without interference or hmdrance 2 Lessor shall be obligated to maintain and keep in good repair the landing area of the airport and all pubhcly owned facilities of the airport, together with the right to d~mct and control all activities of Lessee in this regard 3 During time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Govemment for military or naval use, and, if such lease is executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended 4 Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstrtlction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the airport which, in the opinion of Lessor, would limit the usefulness or safety of the airport or constitute a hazard to aircraft or to aircraft navigation 5 This Lease shall be subordinate to the pmmslons of any existing or future agreement between Lessor and the United States or agency thereof, relative to the operation or maintenance of the airport 5 II I,F,^~ED PREMISES Lessor, for and m consideration of the covenants and agneements herein contained, to be kept by Lessee, does hereby demise and lease tmto Lessee, and Lessee does hereby hire and take from Lessor, the following described land situated in Denton County, Texas A l,and A tract of land, being approximately 34,000 squme feet, or 0 '/8 acles, drawn and outhned 0n Attachment "A', and legally described in Attachment "B," such attachments being incorporated herein by reference During the construction of the proposed famhty, Lessee shall have access to the adjacent lot (east) for staging of eonstructmn equipment, material and a construction trailer Lessee shall remove all material, equipment, construction trader and any othei approved ploperty within thirty (30) days of the receipt of a Certlfieate of Occupm~cY Unless approved by Lcssm, Lessee shall not have access to smd lot for more than a total of 365 days Together with the right of ~ngress and egress to said property, and the right in common with others so authorized of passage upon the A~rport property generally, subject to reasonable regulations by the City of Denton and such rights shall extend to Lessee's employees, passengers, patrons and lnwtees For purposes of thru agreement, the term "Premmes" shall mean all property located within the metes and bounds described and identified within Attachment "B% including leasehold improvements constructed by the Lessee, but not including ccrtmn easoments or property owned and/or controlled by the Lessor B IMPROVF, MI~NT,q PROVIDg, D PlY T,F,,q,qoR NONE There will be no improvements provided by Lessor, except as set forth in Article II E "Access to Utditles" below For the purpose of this Agreement, the term "Lessor improvements" shall mean those things on or adjacent to the Premises belonging to, constructed by, or to be constructed by the Lessor, which enhance or increase, the value or quality of the leased land or property Unless otherwise noted herein, all Lessor improvements are and will remmn the property of Lessor All Lessor lmplovements must be described ~n detml above, or above referenced and attached to this Agreement ~n an exhibit approved by Lessor C IMPROVEMENT,q PROVIDED PlY I.F,,q,qEE. On described lot, Lessee shall construct a hangar/office facility not less than 12,000 square feet with taxlway access and appropriate culverts or drainage as required by C~ty ordinances in the utility right of way south and north of the proposed hangar as well as other ~mprovements as determined necessary by City ordinances Smd nnprovements shall be completed not less thm~ 365 days from the date of this agreement D CA,qF, MF. NITS Lessor and Lessee by mutual agreement may estabhsh, on the leased piemises, easements for pubhc access on roads and tamways E ACCF.,q,q TO IITII,ITIES. Lessor represents that there are water, sewer and 3-phase electricity lines w~thln three hundred feet (300') of the leased premises avmlable to "tap-in" by Lessee, and that the same are sufficient for usual and customary service on the leased premises 6 II IF, RM The term of this Agreement shall be fm a period of thirty (30) years, commenmng on the 1st day of March, 2002, and contlnmng through the last day of February of 2032, unless earlier terminated under the provismns of the Agreement Any attempt by Lessee to renegotiate this Lease shall be in writing addressed to the C~ty Manager or his designee at least one hundred eighty (180) days befme the expiration of the stated term of this lease, and at least 180 days before the exp~ratmn of any additional renegotlated period Lessee has the optmn to ~ enew fm two (2) ad&tmnal ten (10) year terms The rental and terms to be negotiated shall be reasonable and consistent with the then value, rentals and terms of similar property on the airport IV pAYMENTS; RF,,NTAI,S AND FEES Lessee covenants and agrees to pay Lessor, as consideration for this lease, the following payments, rentals and fees A I,^ND RENTAT, shall be due and payable ~n the sum of $0 15 per square foot or Five Thousand One Hundred Dollars ($5,100 00) per year, payable ~n twelve (12) equal monthly installments in the sum of Four Hundred Twenty-Five Dollars ($425 00) ~n advance, on or before the 1 st day of each and every month dunng the term of th~s agreement Lessee haq the option to pay annual rentals and fees m whole on or befme the I st day of October, at the beginning of the C~ty's fiscal year, each and every year of this lease Notwithstanding the foregoing, the annual lease rental to be reduced by the current lease rate per square foot, as adjusted by the CPI-U referenced in Section IV C, t~mes the number of square feet comprising all easements established m accordance with Article II(D) B I,F,~SOlt IMPROVF, MENT~q RENTAI,S NONE There are no Lessor ~mprovements on the leased premises C PAYMENT; PENALTY, ADJILqTMF, NTS All payments due Lessor fi'om Lessee shall be made to Lessor at the offices of the Finance Department of the City of Denton, Customer Servme D~mslon, 601 West Hickory, Denton, Texas, unless otherwise designated in writing by the Lessor If payments are not received on or before the 15th, a five percent (5%) penalty will be due as of the 16th If payments are not received by the first of the subsequent month, an additional penalty of one percent (1%) of the unpatd rental/fee amount will be due A one percent (1%) charge will be added on the first of each subsequent month until the unpaid rental/fee payment is made The yearly rental for land and improvements herein leased shall be readjusted at the end of each one year period dunng the term of th~s lease on the basis of the proportion that the then current United States Consumer Price Index for all urban consumers (CPI-U) for the Dallas-Fort Worth Bureau of Labor Statistics bears to the previous odd month 2001 ~ndex, which was 168 9 (1982-84 = 100) The original land rental amount is based upon the formulae set forth ~n Section IV A for the land herein leased Each rental adjustment, if any, shall occur on the 1st day of April, beglnmng 2004, and every other year thereafter on such date However, in no event shall any of the rental adjustments exceed twenty percent (20%) of the original rental Each rental adjustment, if any, shall occur on the first day of Aprd 2004, and every other year thereafter 7 The adjustments in the yearly rent shall be determined by multiplying the minimum yearly rent as set forth in Section IV A by a fraction, the numerator of which is the index number for the last month poor to the adjustment, and the denominator of which is the index number apphcable at the execution of thru lease If the product of this multlphcation is greater than the minimum yearly rent as set forth in Section IV A, Lessee shall pay this greater amount as the yearly lent until the tnne of the next rental adlustment as called for in this section If the product of this mult~phcatlon is less than the mlnlmmn yearly rent of as set forth in Section 1V A, there shall be no adlustment in the annual rent at that time, and Lessee shall pay the pievious year's annual lent until the time of the next rental adjustment as called for in this section in no event shall any rental adjustment called for in this section lesult in an annual rent less than the previous year's annual rent The adjustment shall be hmlted so that the annual rental payment determined for any given two-year period shall not exceed the annual rental payment calculated for the piemous CPI adjustment by more than twenty percent (20%) percent If the consumer price index for all urban consumers (CPI-U) for the Dallas-Fort Worth geographical region, as compiled by the U S Department of Labor, Bureau of Labm Statistics, is discontinued dunng the term of this lease, the mmmnIng rental adjustments called for in this section shall be made using the formula set forth in Subsection (a) above, but substituting the index numbers for the Consumer Price Index-Seasonally AdJusted U S City Average For All Items For All Urban Consumers (CPI-U) for the index numbers for the CPI-U applicable to the Dallas-Fort Worth geographical region If both the CPI-U for the Dallas-Fort Worth geographical region and the U S City Average are discontinued dunng the term of this lease, the remmnlng rental adjustments called for m this section shall be made using the statistics of the Bureau of Labor Statistics of the United States Department of Labor that are most nearly comparable to the CPI-U applicable to the Dallas-Fort Worth geographical region If the Bureau of Labor Statistics of the United States Department of Labor ceases to exist or ceases to publish statistics concennng the purchasing power of the consumer dollar dunng the term of this lease, the remaining rental adjustments called for in this sectmn shall be made using the most nearly compmable statistics pubhshed by a recognized financial authority selected by Lessor V RIGHTS AND OFII,TGATIONR OF 1 ,E,qSEE A USR OF I,RASED PRRMISRS Lessee is granted the non-exclusive privilege to engage in or prowde the following 1 Fhght ln~tmctmn. Lessee is granted the non~exclusive right to operate a flight instruction operation 2 /MmmfLRenI~ Lessee is granted the non-exclusive right to rent aircraft 3 A~rcrafl R?mr. Lessee ~s granted the right to perform aircraft maintenance on Lessees and General Aviation aircraft upon the leased premises 4 FAA Tant ,~drmm~qtr~tmn. Lessee is granted the right to provide testing services 5 Ratml P~lot Shop. Lessee is granted the right to operate a retail pilot shop 8 6 Fhght ,qlmnl~tmn .qerwe. e~ Lessee is granted the right to offer flight simulation services 7 Charter l~hghts. Lessee is granted to operate a charter flight business 8 Tm-Down .qgrvmes~ Lessee is granted the right to charge fm tie-down services on Lessee's pioperty 9 14~ngar .qpace l.ea~mg. Lessee is granted the r, ght to rent hangar space Lessee, his tenants and sublessees shall not be authorized to conduct any services not specifically listed in this agreement The use of the leased premises of Lessee, his tenants oi sublessees shall be limited to only those private, commercial, retail or industrial activities having to do with or related to airports and aviation No person, business or corporation may operate a commemlal, retail or mdustnal business upon the premises of Lessee or upon the Airport without a lease or license from Lessor authorizing such commercial, retail or mdustnal activity The Lessor shall not unreasonably withhold authorization to conduct aeronautical or related services B STANDARDS. Lessee shall meet or exceed the following standards 1 ,a. ddre.q.q. Lessee shall file with the Airport Manager and keep current his mmhng addresses, telephone numbers and contacts where he can be reached in an emergency 2 l.l.qt. Lessee shall file with the Airport Manager and keep current a list offus tenants and sublessees 3 Concllmt Lessee shall contractually require Ins employees mid sublessees (and sublessee's invitees) to abide by the telms of this agIeement Lessee shall promptly enfome his contractual rights in the event of a default of such covenants 4 llt~h~e~; Taxe~ and Fee.q. Lessee shall meet all expenses and payments in connection with the use of the Premises and the rights and privileges herein granted, including the timely payment of utilities, taxes, permit fees, license fees and assessments lawfully levied or assessed 5 l.aws Lessee shall comply with all current and future federal, state and local laws, rules and regulations which may apply to the conduct of business contemplated, including ales, regulations and ordinances promulgated by Lessor, and Lessee shall keep in effect and post in a prominent place all necessary and/or required licenses ol permits 6 Mmntenanae nfPrnperty Lessee shall be responsible for the maintenance, repair and upkeep of all property, buildings, structures and improvements, including the mowing or ehminatlon of grass and other vegetation on the Premises, and shall keep said Premises neat, clean and in respectable condition, free from any ob. lectional mater or thing Lessee agrees not to utthze or permit others to utilize areas on the leased premises which are located on the outside of any hangar or building for the storage of 9 wlecked or permanently disabled aircraft, aircraft parts, automobiles, vehicles of any type, or any other equipment or items which would distract from the appealance of the leased premises Lessee agrees that at no time shall the leased premises be used for a flea market type sales operation 7 Pa~nl~ng of Bmldmgs Duimg the o~lglnal term of this Lease and dunng each extension, Lessor shall have the nght to lequne, not more than once every five yeats, that the metal exterior of hanga1(s) or building(s) located on the premises be ~evlewed by the Airport Advisory Board for the purpose of determining whether painting of the exteriors of such buildings or hangars is necessa1'y If the Airport Advisory Board determines painting ~s necessary, ~t shall furnish a recolnmendatmn to this effect to the C~ty Council The Council, may, upon the Board's iecoinmendatlon, require Lessee to repaint said exteriors according to Lessors specifications (to specify color of paint, quality of workmanship and the year and month in which the hangar(s) or building(s) are to be painted, if needed ) Lessee shall complete the painting in accordance with such specifications w~thin one (1) year of receipt of notice fiom lessor Lessee agrees to pay all costs and expense involved in the hangar or building pmntlng process Failure of Lessee to complete the painting required by Lessor's City Council within one (1) year period shall constitute Lessee's default under this Lease 8 I l~au~ho~zed use ~f premme,~ Lessee may not ~lse any of the leased land or premises for the operation of a motel, hotel, restaurant, piivate club or bar, apa1'tment house, or for industrial, commemlal or retail purposes, except as authonzed herein 9 Dwelhngs It IS expressly understood and agreed that no pmmanent dwelling oi domicde may be built, moved to or established on or within the leased pIemlses nor may lessee, his tenants, invltees, or guests be pmmItted to ieside m ~emaln as a resident on or within the leased premises or other airport premises 10 Qmt pa~ge,q,~mn Lessee shall quit possession of all premises leased herein at the end of the primary term of this lease or any renewal or extension thereof, and deliver up the premises to Lessor in as good condition as existed when possession was taken by Lessee, reasonable wear and tear excepted 11 14c}ld Harmless Lessee shall indemnify and hold harmless Lessor from and against all loss and damages, including death, personal injury, loss of property or other damages, alising or resulting from the operation of Lessee's business In and upon the leased premises 12 Cbe, mmal,q Lessee agrees to properly store, collect and dispose of all chemicals and chemical residues, to properly store, confine, collect and dispose of all paint, including paint spray ~n the atmosphere, and paint products, and to comply with all Local, State and Federal regulations governing the storage, handling or disposal of such chemicals and paints 13 Ha?ardou~ Act~v~tm,~ Should Lessee violate any law, ale, restriction or regulation of the City of Denton or the Federal Aviation Administration, or should the Lessee I0 engage in or permit other persons or agents to engage in activities which could produce hazards or obstruction to air navigation, obstructions to visibility oi interference with any aimraft navigational aid station or device, whether airborne or on the ground, then Lessor shall state such violat~on in writing and deliver written notice to Lessee or Lessee's agent on the leased premises, or to the person(s) on the leased premises who are causing said violation(s), and upon delivery of such written notice, Lessor shall have the right to demand that the person(s) responsible for thc violation(s) cease m~d desist from all such activity creating the violation(s) In such event, Lessor shall have thc nght to demand that corrective action, as leqmred, be commenced immediately to restme the leased premises into conformance with the particular law, lule or aeronautical regulation being violated Should Lessee, Lessee's agent, or the person(s) responsible for the violation(s) fall to cease and desist from said violation(s) and to lmmedmtely commence correcting the violation(s), and to complete smd corrections within twenty-four (24) hours following written notification, then Lessor shall have the right to enter onto the leased premises and conect the wolatlon(s), and Lessor shall not be responsible for any damages recurred to any improvements on the leased premises as a result of the corrective action process C SIGNTS Dunng the term of this Agreement, Lessee shall have the right, at its own expense, to place in or on the leased Premises signs identifying Lessee Said signs shall be of a size, shape and design, and at a location or locations, approved by the Lessor and in conformance with any overall directional graphics or sign program established by Lessor for the Airport Lessor's approval shall not be withheld unreasonably Said signs shall be maintained in good repair throughout the term of this agreement Notwithstanding any other provision of this agreement, smd signs shall remain the property of Lessee Lessee shall remove, at its expense, all lettenng, signs and placards so erected on the premises at the explratmn of the term of this Agreement Ol extensions thereof VI COVENANT,q BY I,ERROR. Lessor hereby agrees as follows A pFtACEFIII, ENIOYMENTT That on payment of rent, fees, and performance of the covenants and agreements on the part of Lessee to be performed hereunder, Lessee shall peaceably hold and enjoy the leased premises and all rights and pnmleges herein granted, B CC)MPl ,IANTCE Lessor warrants and represents that in the establishment, construction and operation of smd Denton Mumclpal Airport, that Lessor has heretofore and at this time is complying with all existing rules, regulations, and criteria distributed by the Federal Aviation Admlmstratlon, or any other govemmental anthonty relating to and including, but not limited to, noise abatement, air rights and easements over adjoining and contiguous areas, over-flight in landing or takeoff, to the end that Lessee will not be legally liable for any action of trespass or similar cause of action by virtue of any aerial operations of adjoining property m the course of normal take-off and landing procedures from said Denton Municipal Airport, Lessor further warrants and represents that at all times during the term hereof, or any renewal or extension of same, that it will continue to comply with the foregoing 11 VII SPECIAL CC)ND1TIONS It is expressly understood and agreed by and between Lessor and Lessee that th~s lease agreement is subject to the following special terms and conditions A RUNWAVg AND_TA*IWAYS That because of the present sixty thousand (60,000) pound continuous use we~gbt beanng capacity of the runway and tax,ways of the Anport, Lessee herein agrees to hrmt all aeronautical activity including landing, take-off and taxiing, to m~craft having an actual weight, including the weight o£ its fuel, of sixty thousand (60,000) pounds or less, until such tune that the runway and designated tax,ways on the A~rport have been improved to handle mrcraft of such excessive weights It is further agreed that, based on qualified eng~neenng studies, the weight restrictions and provisions of this clause may be adjusted, up or down, and that Lessee agrees to ab~de by any such changes or revisions as such studies may dictate "Aeronautical AcnvIty" referred to in this clause shall include thal activity of the Lessee or its agents or subcontractors, and ~ts customers and mwtees, but shall not include those act~wties ove~ which it has no sohmtory part or control, such as an unsohc~ted or unscheduled or emergency landing A pattern of neghgent dmregard of the provisions of th~s section shall be sufficmnt to cause the immediate termination of th~s enUre Agreement and subject Lessee to habfl~ty for any damages to the A~rport that m~ght result VIII T,EASEHC)I,D IMPROVEMENTS A Rp~QI IIRF, MF. NT~q. Before commencing the constructmn of any ~mprovement~ upon the premises, Lessee shall submit 1 Documentatmn, spec~ficatmns, or design work, to be approved by the Lessor, which shall estabhsh that the ~mprovements to be built or constructed upon the leased premmes are ~n conformance with the overall size, shape, color, quality and design, in appearance and structure of the progran~ estabhshed by Lessor on the A~rport 2 All plans and specffieatmns showing the location upon the premises of the proposed construction, 3 The estimated cost of such constmctmn No constmetmn may commence until Lessor, acting by its City Council, has approved the plans and spemfieat~ons and the locatmn of the ~mpmvements, the estimated costs of such constmc- tmn and the agreed estimated hfe of the bml&ng or stmcmm Approval by the City Council shall not be unreasonably w~thheld, should the Council fail to deny Lessee's plans and specificatmns w~th~n s~xty (60) days of submmsmn thereof to the Council, such plans and specffieations shall be deemed approved Documentary evidence of the actual cost of construction on pubhc areas only (such as ,tax,ways) shall be dehvered by Lessee to Lessor's C~ty Manager from time to t~me as such costs are prod by Lessee, and Lessor's C~ty Manager or designee is hereby authorized to endorse upon a copy of thru lease filed w~th the C~ty Secretary of Lessor such actual amounts as he shall have found to have been paid by Lessee, and the findings of the C~ty Manager when endorsed by h~m upon sa~d contract shall be conclusive upon all partms for all purposes of thru agreement 12 B ADDITIC~NIAI, CO'NhqTR11C, TIONI OR IMPROVRMF, NIT~q Lessee is hereby authorized to construct upon the land herein leased, at his own cost and expense, braidings, hangars, and struc- tures, that Lessor and Lessee mutually agree are necessaly for use iu connechon with the operations authorized by this lease, provided however, before colnmenclng the constlUCtlon of any ~mprove- ments upon tim premises, Lessee shall submit plans and specifications for approval by Lessor as specified in Article VIII A, above C OWNF, R,qHIPOFIMPROVRMF, NTS All bulld~ngs and nnprovements constructed upon the premises by Lessee shall remain the property of Lessee unless said property becomes the property of Lessor under the following conditions, terms and provisions 1 Removal of Bml&ngs No building or permanent fixture may be removed from the premises 2 A~m~m?mn All buildings and improvements of whatever nature remaining upon the leased premises at the end of the primary term, or any extension thereof, of thru lease shall automatically become the property of Lessor absolutely in fee without any cost to Lessor 3 Bmldmg L~fe It IS agreed that the life of the building to be constructed by Lessee on the property herein leased is thirty (30) years 4 C~mmellaBon Should this lease be cancelled for any reason before the end of the thirty (30) year expected bmldlng life, ~t m especially understood and agreed that Lessor reserves the right to pumhase all buildings, structures and improvements then existing upon the premises by tendenng to Lessee one th~rheth (1/30) of the undepl e- mated value of such bmldlng for each year remaining on the agreed hfe of such building The undepreciated value of all improvements IS to be determined by hawng such ~mprovements appraised by three appraisers, one appointed by Lessor, one appointed by Lessee and one appointed by the two appraisers IX STIBROGATION OF MORTGAGER A Any person, corporatlon or institution that lends money to Lessee for constmctlon of any hangar, structure, bmldlng or improvement and retains a security interest in said hangar, structure, building or ~mpmvement shall, upon default of Lessee's obligations to said mortgagee, have the right to enter upon said leased premises and operate or manage sald hangar, structure, building or improvement according to the terms of this Agreement, for a period not to exceed the term of the mortgage with Lessee, or until the loan is paid in full, whichever comes first, but in no event longer than the term ofthts lease It ~s expressly understood and agreed that the right of the mortgagee referred to herein is limited and restricted to those improvements constructed w~th funds borrowed from mortgagee, those improvements purchased with the borrowed funds, and those improvements pledged to secure the refinancing of the improvements X RIGHT OF F, ASRMENT Lessor shall have the right to establish easements, at no cost to Lessee, upon the leased 13 gIound space for the purpose of providing undergiound utility services to, from or across the airport property or for the construction of public facdIt~es on the A~rport However, any such easements shall not interfere with Lessee's use of the leased premises and Lessor shall restore the property to original condition upon the installation of any utility seimces on, in, over or under any such easement or the conclusion of such construction Construction in or at the easement shall be completed within a ~easonable time XI A,q~IGNMF. JS1T {31: t,RASR Lessee expressly covenants that it will not assign th~s lease, convey more than fifty percent (50%) of the ~nterest in his bus~ness, through the sale of stock or otherwise, transfer, license, nor sublet the whole or any part of the smd premises for any purpose, except for rental of hangar space ol tie-down space, without the written consent of Lessor Lessor agrees that it will not unreason- ably withhold ~ts approval of such sale, sublease, transfer, license, ol assignment of the facilities roi mrport related purposes, provided howeveh that no such assignment, sublease, transfer, license, sale or otherwise shall be approved ffthe rental, fees or payments, received or charged are in excess of the rental or fees paid by Lessee to Lessor under the terms of this lease, for such portion of the premises proposed to be assigned, subleased, transferred, licensed, or otherwise The provisions of this lease shall remmn binding upon the assignees, If any, of Lessee XII 1NSI }RANCE A RF, QIHRRD IN~qIIRANC. R Lessee shall mmntain continuously in effect at all times dunng the term of thru agreement, at Lessee's expense, the following insurance coverage 1 Comprehensive general liability covering the leased premises, the Lessee or its company, its personnel, and ~ts operations on the airport 2 Aircraft liability to cover all flight operations of Lessee 3 F~re and extended coverage for replacement value for all facilities used by the Lessee either as a part of this agreement or erected by the Lessee subsequent to this agreement 4 Liabihty ~nsurance hrmts shall be in the following minimum amounts Bodily InJury and Property Damage One Million Dollars ($1,000,000) combined single hmits on a per occurrence basis 5 All pohcIes shall name the C~ty of Denton as an additional named insured and provide for a mimmum of thirty (30) days written notice to the City prior to the effective date of any cancellation or lapse of such policy 6 All policies must be approved by the Lessor 7 The Lessor shall be prowded with a copy of all such policies and renewal certificates 14 Dunng the term of thru lease, Lessor herren reserves the nght to adjust or increase the hablhty insurance an~ounts required of the Lessee, and to lequlre any ad&tlonal rider, provisions, or certificates of insurance, and Lessee hereby agrees to provide any such insurance requirements as may be reqmred by Lessor, provided however, that any requirements shall be commensurate with insurance requirements at other public use mrports similar to the Denton Municipal An'port in size and in scope of aviation activities, located in the southwestern region of the United States Lessee hmmn agrees to comply with all ~ncreaqed or adjusted ~nsurance requuements that may be required by the ]Lessor tluoughout the original or extended term of this lease, including types of insurance and monetary amounts or hm~ts of ~nsurance, and to comply with smd insurance mqmrements within sixty (60) days following the receipt ora notice in writing fiom Lessor stating the ~ncreased or adjusted insurance requirements Lessee shall have the right to mmntmn in force both types of insurance and amounts of insurance which exceed Lessor's mlmmum insurance requirements In the event that State law should be amended to require types of insurance and/ol ~nsurance mnounts which exceed those of like or similar public use airports in the southwestern region of the Umted States of America, then ~n such event, Lessor shall have the right to require that Lessee malntmn ~n fome types of insurance and/or amount of insurance as spemfied by State law Fmlure of Lessee to comply with the minimum specified anmunts or types of insurance as required by Lessor shall constitute Lessee's default of this Lease XlII C ANCI!,T J ,AT1f)N FlY 1,R~qsoR In the event that Lessee shall file a voluntary petition in bankruptcy or proceedings in bar&ruptey shall be instituted against ~t and Lessee thereafter is adjudicated bankrupt pursuant to such proceedings, or any court shall take juns&ctlon of Lessee and its assets pursuant to proceedings brought under the provisions of any Federal reorganization act, or Lessee shall be divested of its estate herein by other operation of law, oi Lessee shall fall to perform, keep and observe any of the terms, covenants, or conditions herein contained, or on its part to be performed, the Lessor may give Lessee wntten notice to correct such condition or cure such default and, If any con&tion or default shall continue for thirty (30) days after the receipt of such notice by Lessee, then Lessor may terminate this lease by written notice to Lessee In the event of default, Lessor has the right to purchase any or all structures on the leased premises under the provisions of Section VIII Paragraph C 4 (Cancellation) hereof XIV CANCF, I J,ATION BY T,F,~qSEE Lessee may cancel this Agreement, in whole or part, and terminate all or any of its obligations hereunder at any time, by thirty (30) days written notice, upon or after the happening of any one of the following events (1) ~ssuance by any court of competent jurisdiction of a penuanent lnjtmctlon in any way preventing or restraining the use of smd airport or any part thereof for airport purposes, (2) the breach by Lessor of any of the covenants or agreements contained herein and the failure of Lessor to remedy such breach for a penod ofmnety (90) days after receipt ora wntten notice of the existence of such breach, (3) the inability of Lessee to use said premises and facilities continuing for a longer period than mnety (90) days due to any law or any order, rule or regulation of any appropriate governmental authority having jurisdiction over the operations of Lessor or due to war, 15 earthquake or other casualty, or (4) the assumptmn or recaptme by the Umted States Government, or any authorized agency thereof, of the mmntenance and ope~ at,on of smd mrport and facilities or any substantial part or parts thereof Upon the happemng of any of the four events hsted m the preceding paragraph, such that the leased premises cannot be used for avmt~on purposes, then the Lessee may cancel th~s lease as a£o~ esmd, or may elect to continue this lease under its terms, except, however, that lhe use of the leased premises shall not be limited to aviation purposes, then use being only hmlted by such laws and ordinances as may be apphcable at that t~me XV MI~q C. ET .T .A NB~.OI ~S PR OVT~ql ONS A F, NTIRF. AGREEMENT Thru Agreement constitutes the entire understanding between the part,es and as of its effective date supersedes all prior or ~ndependent Agreements between the part,es covenng the subject matter hereof Any change ol mod~ficatxon hereof shall be in writing s;gned by both parties B [I1NDING F. FFECT All covenants, st~pulatmns and agreements herein shall extend to, b~nd and Inure to the benefit of the legal representatives, successors and assigns of the respective parties hereto C SEVI~I/AFITI.ITY If a prowsxon hereof shall be finally declared vmd or illegal by any court or adm~mstratlve agency having junsdmt~on, the entire Agreement shall not be void, but the remmmng provm~ons shall continue in effect as nearly as possible ~n accordance with the original intent of the parties D NOTTCF. Any notme given by one party to the othe~ m cormectmn w~th this agreement shall be ~n writing and shall be sent by registered mml, return receipt requested, with postage and ~eg~sttat~on fees prepaid as follows 1 IftoLessor, addressedto City Manager City of Denton 215 E McI~nney Street Denton, Texas 76201 2 If to Lessee, addressed to Todd Coffee U S Flight Academy 2712 Derby Court, Southlake, Texas 76092 Notices shall be deemed to have been received on the date of receipt as shown on the return receipt 16 E HF, ADINIGS The headings used in this Agreement are intended for convenience of reference only and do not define or limit the scope or meaning of any provision of this Agreement F GOVF, RNING I,AW This Agreement is to be construed in accordance with the laws of the State of Texas G MEDIATIf)N Pllor to instituting suit m a court of competent jmisdmtion, the parties shall, in good faith attempt to settle any controversy or clann by any patty hel eto arising out of m lelat~ng to this Agreement by mediation in accordance with the laws and lules, then obtaining, of the State of Texas and the State Bar of Texas H NO WAIVER No wmver by Lessor or Lessee of any default or broach of covenant or term of thru lease may be treated as a waiver of any subsequent default or broach of the same or any other covenant or term of this Agreement I INID~',Pl~,NT)RNT CONTRACTOR Dunng all times that this Lease is in effect, the parties agree that Lessee is and shall be deemed to be an ~ndependent contractor and operator and not an agent or employee of the Lessor with respect to their acts or omissions hereunder For all the purposes hereunder, Lessee ~s and shall be deemed an independent contractor and it is mutually agreed that notknng contained herein shall be deemed or construed to constitute a pannershlp oi joint venture between the parties 1N WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written CITY OF DENTON, TEXAS, LESSOR BY MICHAEL A CONDUFF, CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY CITY OF DENTON, TEXAS BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY CITY OF DENTON, TEXAS BY 17 ]'ODD CO)'?]'E, MANAGING 1)]R_l~ C l OR US 1,] ]Gill ACADI'MY] I C, L~SS];E II]L, SFArlF OF TEXAS § COUNTY OI, DENTON § ]lns mslmmont was ~¢know]¢d~od b~fom mo on lbo = _ clay of_~ (/o)~ ~, ~__, 2002 by ~ ~JEANEEIE SCOTt ~ ~ (~1'~ NOTA~V PUBLIC ~ , ~~ '¢ LL&~J NO IARY PUBLIC, SI Ag E OF IFXAS My Commmsion Exl)n es 18 ATTACIIMEN 1 A VARIABLE WIDJ}I TAXIWAY, DRAINAG[, AND UTILITY EAS[hlhN1 I/2 ~OB $ g~',5§'lO~ E 20000 1~ IRF/ ~~ ~ 0 78 ACRES N ./ ~ Th~s su~ey was prepored wtthout benefit of o schedule B or btle b~nder ISBELL h DENTON AIRPORT h SHEET NO I ° II II ! pfoCec, co2ooo I~TODD COFFEE __--SCALE 1"= 100' _ AT IYACHMFN~i B I, ENGINEERING DENTON, TX GROUP, INC Pro, eot C02000 TODD COFFEE SC^La r'-- tOO' FEB 1,2002 20 AGENDA DATE' February 19, 2002 DEPARTMENT: Fiscal Operations ACM: Kathy DuBose, Fiscal and Mtmlmpal Services ~ SUB~IECT Conslder adoption of an ordinance directing the issuance and publication of Notice of Sale of City of Denton General Obhgatlon Bonds, and providing for an effective date BACKGROUND This ordinance provides the Notice of Intention to issue City ot~ Denton General Obligation Bonds, Series 2002 Tbas notice will be published on March 5 and March 12, 2002 These Bonds will provide $12,075,000 for the following projects and improvements $5,725,000 Transportation (streets, traffic control, ramp reversal, bikeways and sidewalks) $6,350,000 Parks and Reereatlon~eautlficatlon PRIOR ACTION/REVIEW (Council, Boards, Commissions) All of these projects were approved in the 2002-2006 Capital Improvement Program and approved in the bond electaon on January 15, 2000 FISCAL INFORMATION The General Obligation Bonds have an estimated average annual debt service requirement of approximately $1,000,000 This amount has been included in the budget process R~n~etfi~llv mihmltted Diana G Ortlz Director of Fiscal Operations ORDINANCE NO 2002- , AN ORDINANCE DIRECTING THE ISSUANCE AND PUBLICATION OF NOTICE OF SALE OF CITY OF DENTON OENERAL OBLIGATION BONDS, AND PROVIDING FOR AN EFFECTIVE DATE THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS Section I That the City Secretary ~s d~rected to ~ssue a Notme of Sale of Bonds m substantially the following form OFFICIAL NOTICE OF SALE CITY OF DENTON, TEXAS $12,075,000 GENERAL OBLIGATION BONDS SERIES 2OO2 The City Council of the City of Denton, Denton County, Texas, will receive sealed bids at the Mumc~pal Bmldmg, 215 E McKmney Street, m the City of Denton until 2 30 p m, C D T, Tuesday, April 2, 2002 for the purchase of $12,075,000 General Obhgauon Bonds, Series 2002 to be dated April 1, 2002, and to mature serially on December 1 of each year 2003 through 2022 Sealed bids, plmnly marked "Bid for Bonds", should be adckessed to "Honorable Mayor and City Council, City of Denton, Texas", and must be subtmtted on the "Officxal Bid Form" to be made available by the City Council prior to the date of sale All sealed bids will be pubhcly opened and tabulated before the Council Copies of the "Official Statement", "Not~ce of Sale", and "Official B~d Form" are being prepared and will be d~s~buted to pmspecUve btdders on or about March 25, 2002, and will be furmshed to any prospecUve bidder upon request, by First Southwest Company, 777 Mare Street, State 1200, Fort Worth, Texas 76102, Fmanmal Adwsor to the City The City reserves the right to reject any and all btds and to waive any and all lrregulanUes By order of the C~ty Council of the City of Danton, Texas JENNIFER K WALTERS City Secretary City of Denton, Texas Sectton II That smd NoUce shall be published once ua The Bond Buyer, New York, New York, which Is a nataonal publlcauon regularly and primarily canTuag financial news and mumclpal bond sale noUces, and sa~d Not~ce also shall be pubhshed once m the "Denton Record-Chromcle', which has been designated as the officml newspaper of the City of Denton Said pubhcat~ons shall be made at least tinny days prior to the day set for recelvuag bids Section III That th~s Ordinance shall become effecuve ~mmethately upon its passage and approval PASSED AND APPROVED this 19th day of Febmary, 2002 Ealuae Brock, Mayor ATTEST Jenmfer Walters, City Secretary APPROVED AS TO LEGAL FORM Herbert L//p/~': ~uty' City Att°rne¥ AGENDA INFORMATION SHEET AGENDA DATE: February 19, 2002 DEPARTMENT' Fiscal Operations ACM Kathy DuBose, F~scal and Mumclpal Services SUBJECT Consider adoption of an ordinance d~rect~ng the pubhcatlon of Notme of Intention to issue Certfficates of Obhgatlon of the City of Denton, and providing for an effective date BACKGROUND This ordinance provides the Notice of Intention to issue City of Denton Certfficates of Obhgatlon Bonds, Series 2002 Th~s notice will be published on March 5 and March 12, 2002 These Bonds will provide funding of $12,405,000 (plus costs of issuance) for the following projects and improvements $ 4,055,000 Streets and Transportation 2,000,000 Technology Services 800,000 Parks (Aquatic Center) 1,050,000 Faclllt~es (Renovations) 4,500,000 Sohd Waste PRIOR ACTION/REVIEW {Council. Boards, Commissions) All of these projects were approved m the 2002-2006 Capital Improvement Program FISCAL INFORMATION The Certificates of Obhgatlon Bonds will have an estimated average annual debt services reqmrement of approximately $823,000 Th~s amount has been included in the budget process Respectfully submitted Diana G Ortlz Director of Fiscal Operations ORDINANCE NO 2002- AN ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON, AND PROVIDING FOR AN EFFECTIVE DATE THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON V~tEREAS, it is deemed necessary and advisable that NoUce of Intention to Issue Cemficates of Obhgat~on be g~ven as hereinafter prowded. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS S¢cUon I That attached hereto is a form of "NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON", the form and substance of whach are hereby adopted and approved, and made a part of thas Ordinance for all purposes SecUon II That the City Secretary shall cause said NOTICE, m substantially the form attached hereto, to be published once a week for two eonseeuUve weeks m a newspaper of general c~reulaUon m the City, w~th the date of the first pubhcaUon to be at least fifteen (15) days before the date tentauvely set for the passage of the Ordinance authorizing the tssuance of such Cemfieates of ObhgaUon SeeUon III That tbas Ordinance shall become effecUve mamechately upon its passage and approval PASSED AND APPROVED th~s the 19th day of February, 2002 Eulme Brock, Mayor ATTEST Jenmfer Walters, City Secretary APPROVED AS TO LEGAL FORM Herbert L Prouty, City Attorney By ,, THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON THE CITY OF DENTON, m Denton County, Texas, hereby gives notice of its intention to issue CITY OF DENTON CERTIFICATES OF OBLIGATION, tn accordance with the Certificate of Obhgatlon Act of 1971, as amended and codffied, and other apphcable laws, ~n the maximum pnnmpal amount of $12,590,000 for the purpose of paying all or a portion of the City's contractual obhganons recurred pursuant to contracts for the purchase, construction and acqmslUon of certam real and personal property, to wit (a) improvements at the C~ty's an'pon, (b) improvements at the City's pubhc parks, (c) improvements to the City's sohd waste thsposal system, (d) computer and technology equrpment and upgrades for the City's reformation technology systems, (e) road and street maprovements and equipment and (f) miscellaneous renovations and ~mprovements to City owned facthUes, and also for the purpose of paying all or a porUon of the City's contractual obhgations for professional serrates, lncludang engineers, arclutects, attorneys, map makers, auchtors, and finantual advisors, m connectmn wath stud Cemficates of Obhgataon The C~ty proposes to provide for the payment of such Cemficates of Obhgataon from the levy and collection of ad valorem taxes ~n the C~ty as prowded by law, and from certain surplus revenues (not to exceed $ I0,000 ~n aggregate amount) derived by the City from the ownersbap and operataon of the City's Utthty System (consisting of the C~ty's combmedwaterworks system, samttu3, sewer system, and electric hght and power system) The City Council of the C~ty tentatively proposes to authorize the ~ssuance of such Certfficates of Obhgatton at a meeting commencing at 3 00 p m on the 2nd day of April, 2002, m the C~ty Council mom at the Mumclpal Bmldmg (City Hall), 215 E MeKmney, Denton, Texas CITY OF DENTON, TEXAS By Jennifer K Walters, City Secretary AGENDA INFORMATION SHEET AGENDA DATE' February 19, 2002 Questions concerning this acquisition may be directed DEPARTMENT. Materials Management to Tom Shaw 349-7133 ACM Kathy DuBose, Fiscal and Mtmmlpal Servlces~ SUBJECT An Ordinance authonzmg the financing for three Refuse Tracks, three Dump Trucks, a Landfill Compactor, a Rubber Tire Wheel Loader and a Street Sweeper with Government Capital Corporation through a lease/purchase financing agreement, providing for the expenditure of funds therefore, and providing an effective date (File 2807- 2002 Equipment Lease Purchase Agreement, approximate finance charges $96,797) LEASE/pURCHASE ORDER INFORMATION This third party lease purchase financing agreement is for the funding of the three refuse trucks, three 12-yard dump trucks, a landfill compactor, a rubber tire wheel loader and a street sweeper approved,dunng the 2001-2002 budget process A list of eqmpment and actual or estimated cost is attached as back up for your review The lease period will be for 4 years with semi-annual payments of $50,491 39 for the refuse trucks and for three years on the other equipment with semi-annual payments of $169,644 33 The listed equipment will become the property of the City of Denton at the end of the lease periods Chapter 271 Subchapter A Section 005c exempts the acqmslt~on oftfurd party lease purchase financing from the competitive bid process Approval of this agreement is for funding only Competitive bids or lnterlocal agreements for the purchase of equipment will be presented to Council for final approval This agreement is intended to make funds avmlable for the future acquisitions RECOMMENDATION We recommend this contract be awarded to Government Capital Corporation at an effective rate not to exceed 4 976% with an estimated cost of financing in the amount of $96,797 PRINCIPAL PLACE OF BUSINESS Government Capital Corporation Southlake, TX Agenda Information Sheet February 19, 2002 Page 2 ESTIMATED SCHEDULING OF PROJECT. Funds will be available upon your approval and will be d~spersed as equipment ~s received The first payment ~s due w~th~n 30 days of approval and every six months throughout the agreement period FISCAL INFORMATION' The finance charges or interest m the approximate total amount of $96,797 will be prod as a portion of the sem~-annual payments from Certfficates of Obhgatmn or budget funds for fleet acqmsltion Thts will be included as a part of the cost of the equipment purchase Financed Amount $1,325,000 Finance Charges $ 96,797 Total Payback $1,421,797 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchastng Agent Attachment 1 Eqmpment Lxst Attachment 2 Proposal from Government Capital Corporation Attachment I EQUIPMENT LISTING Item Quan Description .Est Price Terms Ext Price 1 1 Street Sweeper $140,000 3 yr $140,000 2 1 Landfill Compactor $485,000 3 yr $485,000 3 1 Rubber T~re Wheel $ 90,000 3 yr $ 90,000 Loader 4 3 12 Yd Dump Truck $ 80,000 3 yr $ 240,000 5 1 Rearload Refuse Truck $ 90,000 4 yr $ 90,000 6 2 Frontload Refuse Trucks $140,000 4 yr $ 280,000 ATTACHMENT 2 ~45 MIrOn Drove ~0~8~-[ E~cnmon l ~ ~ebm~ 6, 2002 Mt T~m D 8haw, CIv CITY OF D~NTON rac~l~ 940t349-7302 D~r Tom ~t you f~ ~o ~p~u=t~ to ~t proposed ~ms for ~ Ci~ of Dcnton ~ undem~d ~e C~ ts ~on~id~ tho- ~q~h~ of v~o~ oq~t i ~ .v~ for ~ ~w th~ following ~pos~d ~c~ L~SSOR ~v~m~t C~t~I L~SS~ Cx~ often TOTAl PROJF~T ~O~T ~ 1,~6 000 O0 FFFFC~F RA~ 4 A~ROX F~AN~D AMO~ $95~,000 00 TE~ ~ (3) Y~, ~.~nual Pa~.nt~ PA~ AMOI~ $169,66433 ~KOX FI~AN~D ~O~T $370,000 00 R~ F~ (4) Y~s S~a~-~l Pa~en~ PAYMENT AMOUNT $50,~1 39 ~e abova ~p~s~ ~ subje~ to ~t a~lysts, ~mm~ ~d r~fl~ cu~t m~k~ continues If =lo.mS o~ on ~ befo~ M~h ], 20~, we ~e ~e ~t to md~x to th~ th~n ~mt Our tin.ce pm~s ~ ~muly flexibl~ ~d llsl~g ~] ~sslbk ~uons would ~e m~y ~ O~ goal is total c~tom~ sais~c~t~ lfyou bare ~y ques~ons m~a~ o~r pa~ent ~s, ~qu~nctes or c~d~ons, plebe fa~l ~e W ~11 m~ Smcer~ly, "YOUR PUBLIC PINANCE PAP, ~./~. aOed'~6# Ye~lo['~ld£O ~ ~O/gO/~O 'SO[.~gg/~Z8 ~,~, qVArd¥o J. NB~INB~AO~ /iq ~ua~ ORDINANCE NO AN ORDINANCE AUTHORIZING THE FINANCING FOR THREE REFUSE TRUCKS, THREE DUMP TRUCKS, A LANDFILL COMPACTOR, A RUBBER TIRE WHEEL LOADER AND A STREET SWEEPER WITH GOVERNMENT CAPITAL CORPORATION THROUGH A LEASE/PURCHASE FINANCING AGREEMENT, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (FILE 2807 - 2002 EQUIPMENT LEASE PURCHASE AGREEMENT, APPROXIMATE FINANCE CHARGES $96,797) WHEREAS, In the 2001-2002 budget process the Caty Council anthonzed the purchase of three refuse trucks, three dump trucks, a landfill compactor, a rubber tare wheel loader and a street sweeper from the to be determined lowest responsable Ndders pursuant to Chapter 252 of the Texas Local Government Code ~n the estimated pnnclpal sum of $1,325,000, and WHEREAS, Sectaon 271 005(c) of the Local Government Code authorizes the C~ty council, m ~ts dascret~on, to contract for the financing of personal property, and WHEREAS, the Caty Council finds that the herem authorized financing of the budgeted eqmpment through a lease purchase agreement w~th Government Capital Corporation as appropriate and ~n the pubhc mterest, and WHEREAS, the Caty Counml has provaded m the C~ty Budget for the appropriation of funds to be expended for the here~n authorized lease purchase agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The Caty Council hereby anthonzes a lease purchase agreement to finance the acqms~t~on of three refuse trucks, three dump trucks, a landfill compactor, a rubber tare wheel loader, and a street sweeper wath Government Capatal Corporanon, smd agreement prowdmg for a financed amount of $1,325,000, havang SlX semi-annual payments of approximately $169,604 33 and mght sem~-annual payments of approxamately $50,491,39 with an effectave rate of not to exceed 4 976% SECTION 2 The Caty Manager, or the Purchasmg Agent as Ns desagnee, m authorized to enter rotc a lease purchase agreement on behalf of the Caty ~n accordance w~th the tenns set forth an Sectaon 1 and to expend the funds provided for an Secnon 1 SECTION 3 Tins ordmance shall become effectave ~mmedmtely upon ars passage and approval PASSED AND APPROVED tNs day of ,2002 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM AGENDA INFORMATION SHEET AGENDA DATE: February 19, 2002 Questions concerning this acquisition may be directed DEPARTMENT' Matenals Management to Jim Coulter 349-7194 ACM. Kathy DuBose, Fiscal and Municipal Services~:h SUBJECT An Orchnanee of the City of Denton authorizing the City Manager or his designee to execute a purchase ~order with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of a street sweeper by way of an Interloeal Agreement with the City of Denton, authorizing the expenditure of funds therefore, and providing an effective date (File 2808 Interlocal, Agreement -Purchase Order to H-GAC in the amount of $138,034 19) INTERLOCAL AGREEMENT INFORMATION This purchase order to the Houston Galveston Council of Governments (H-GAC) is for the acquisition of a four-wheel mechanical street sweeper H-GAC has an annual contract for sweepers in place through August 2002 The volume discount afforded to H-GAC is a lower price than would be offered to the City of Denton if purchased in smaller quantmes PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISIONS) The City Council approved an Interlocal Agreement with H-GAC on June 6, 1995, (Ordinance 95-107), authonzmg the City of Denton participation in contracts for supphes awarded by H- GAC RECOMMENDATION We recommend a purchase order to H-GAC be approved for the purchase of an Elgin sweeper in the mount of $138,034 19 PRINCIPAL PLACE OF BUSINESS Houston-Galveston Council of Governments (H-GAC) Houston~ TX ESTIMATED SCHEDULE OF PROJECT Delivery of the sweeper is estimated to be 90-120 days after receipt of an order or approximately June 1, 2002 Agenda Information Sheet February 19, 2002 Page 2 FISCAL INFORMATION Funds for this acqmsltmn wall come from the Third Party Lease Purchase Funding Agreement approved by Council on th~s agenda Respectfully submitted Tom Shaw, C P M, 349-7100 Pumhaslng Agent Attachment 1 H-GAC contract pricing ATTACHMENT 1 PRODUCT PRICING BASED ON CONTRACT HE ~ The following detatls MUST be provtded with any purchase order from an End User to II-GA C End User Agency , The C~t¥ of Denton~ Texas Date Prepared by Contractor August 27~ 2001 Product Description ELGIN Ea,qle F 4-Wheel Mechanical Street Sweeper A Base Price ~n Bid/Proposal Number SW99-01 Seines C => $ 70,000 00 B Pubhshed Optmns [Itermze below] Sterhng SC 8000 Chasms $ 43,668 00 Extended S~de Broom Reach RH $1,015 00 ArrowBoard $ 960 00 Extended S~de Broom Reach LH $1,015 00 Auto Lube System-Truck & Swpr $ 4,290 00 Subtotal Column 1 $48,918 O0 Subtotal Column 2 fi 2,030 O0 PublishedOptmnsaddedtoBasePriee[SubtotalofAColl~+ACol2~ $ 50,94800 C Subtotal of A + B => $120,948 00 D Unpubhshed Optmns [Itemize below.] Unpubhshed = __ % NOTE Unpubhshed Options cannot be used to create another model Dual S~de Broom S~de T~lt $ 2,470 00 Rear Flood L~ght $. 140 00 Electnc Controlled S~d¢ M~rrors $ 940 00 Auto l~n,mne Shut-Down Protection $ 586 00 Dual S~de Broom Pressure Gau~es $ 410 00 Carbide D~rt Shoe Runners $ 587 00 Front Spray Bar $ 548 00 5 Year Parts and Labor Warranty $ 8,400 00 Conveyor Stall Alarm $. 422 00 Sprat Water F~ll Gauge $ 484 00 Subtotal Column 1 $ 4,790 00 Subtotal Column 2 $ 10,197 00 Unpublished Options added to Base Price [Subtotal ofACol 1~+ ACM 24 $ 14,987 00 E Contract Prloe AdJustment Iff any explatn here] $ F TotalofC+D+/-E [Nottnclu&ngH~G.4CFee] => $ 135,935 00 G Quantity Ordered [Umts 1 x F ] => $ H H-GAC Adrmmstrat~ve Fee [From Fee Schedules, Table __.] => $ 2,099 19 I Non-Eqmpment Charges & Credits [*e £xt V/arranty Trade-tn Dehvery etc] $ x =$ $ x__=$ Subtotal of Non-Eqmpment Charges $ J TOTAL PURCHASE PRICE INCLUDING [G + H + I1=> $138~034 1~ ORDiNANCE NO _ AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITH THE HOUSTON- GALVESTON AREA COUNCIL OF GOVERNMENTS (H-GAC) FOR THE ACQUISITION OF A STREET SWEEPER BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVDING AN EFFECTIVE DATE (FILE 2808 INTERLOCAL AGREEMENT - PURCHASE ORDER TO H-GAC IN THE AMOUNT OF $138,034 19) WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Council Area of Government (H-GAC) has sohmted, received, and tabulated competitive Nds for the pumhase of necessary materials, eqmpment, supphes, or services in accordance with the procedures of state law on behalf of the C~ty of Denton, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, eqmpment, supphes, or services can be purchased by the C~ty through the Houston-Galveston Area Council of Government (H-GAC) programs at less cost than the City would expend if Ndd~ng these items individually, 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 serwces approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered ~tems m the following numbered purchase order for materials, eqmpment, supphes, or services, shown ~n the "Purchase Orders" referenced herren and on file m office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible Nds for such items PURCHASE ORDER VENDOR AMOUNT F~le 2808 H-GAC $138,034 19 SI~CTION II That by the acceptance and approval of the above numbered items set forth in the referenced file, the C~ty accepts the offer of the persons submitting the bids to the H- GAC for such items and agrees to purchase the materials, eqmpment, supphes, or services in accordance with the terms, condmons, spemficat~ons, standards, quantities and for the specified sums contained in the Nd documents and related documents filed with the H-GAC, and the purchase orders issued by the City SECTION III That should the City and persons submitting approved and accepted items set forth m the referenced file wmh to enter into a formal written agreement as a result of the C~ty's ratfficatlon of Nds awarded by the H-GAC, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is in accordance with the terms, conditions, spemficat~ons and standards contmned in the Proposal submitted to the H-GAC, quantities and specified sums contmned ~n the City's purchase orders, and related documents here~n approved and accepted SECTION IV That by the acceptance and approval of the above numbered Items set forth m the referenced file, the C~ty Council hereby authorizes the expen&ture of funds therefor ~n the amount and m accordance w~th the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herren SECTION V That th~s or&nance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED th~s day of_ ,2002 EULINE BROCK, MAYOR ATTEST JENNWER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROU_TY, CITY.A~rTORNEY Fde 2808 HGAC INTEp,.LO~L COOPERATIVE PURCHASING ORDINANCE (2 02) AGENDA INFORMATION SHEET AGENDA DATE: February 19, 2002 Questions concerning this acqmsltlon may be directed DEPARTMENT' Materials Management to Jim Coulter 349-7194 ACM Kathy DuBose, F~scal and Municipal Services ~q}3 .~t tz O SUBJECT An Ordinance of the City of Denton, Texas authorizing the expenditure of funds for the annual payment of the Ray Roberts Lake operation and mmntenance expense, and providing an effective ,date (check request dated 1/23/02 to Finance and Accounting Branch, USAED, Ft Worth, m the amount of $37,438 06) PURCHASE ORDER INFORMATION' The Clty,~s balled on an annual m advance basis for the Ray Roberts operation and maintenance expense in the amount of $37,438 06, as required by contractual agreement DACW63-80-C- 0104 between the C~ty of Denton and U S Army Engineering Division RECOMMENDATION. We recommend approval of the check request dated 1/23/02 to Finance and Accounting Branch, USAED, Ft Worth, in the amount of $37,438 06 PRINCIPAL PLACE OF BUSINESS: Finance and Accounting Branch USAED, Ft Worth Ft Worth, TX FISCAL INFORMATION The estimated annual payment of the 2002/2003 operatmn and maintenance expenses for Ray Roberts Lake m the amount of $37, 438 06 will be funded from expense account 630100 7805 Agenda Irfformatlon Sheet February 19, 2002 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchamng Agent Attachment 1 Check Request to Finance and Accounting Branch Attachment 2 Invmce dated December 3, 2001 ATTACHMENT 1 GHEGK RBQUI~I (UUST ALL CHECK RE~i.~8 MUST BE 8UBM~D TO ~~ ~ ~.~_ PURCH~ING ~ JanuaW 23, 2002 VEHBOR VENDOR NA~E FInan~e · Apoountlng Branoh~ USAED~ Ft Wo~h , , ~37;438 08 CESWF-RM-~ ~WF; P O ~ox 17300 Wl~P~u;~n . D~PARTMINT ~ Wo~h; Tex.e CHECK ~ BE p~KED UP RELEASE GH~K TO: ~l~ No 00001570 ~m~n &l UI~ ~nBe under For ~e pre.ent w.~r ~ke For pe~ 0t~2 ~ IZO~O0 7~ ~c ~ *'~' TOTAL $37~,06 ~ Che~ Off CHECK REQUISITION - VOUCHER (MUST BE PRINTED ON PINK PAPER) ALL CHECK REQUISITIONS MUST BE SUBMITTED TO PURCHASING FOR APPROVAL PURCHASING WILL FORWARD TO ACCOUNTS PAYABLE FOR PAYMENT TO BE ISSUED pAY TO. January 23, 2002 VENDOR # [207116 ] .EWVE.DOR [] VENDOR NAME & REMITTANCE ADDRESS Finance & Accountln~l Branch USAED, Ft Worth $37,438 06 CESWF RM F SWF PO Box 17300 Water Production DEPARTMENT Ft Worth Texas 761020300 [] CHECK TO BE PICKED UP RELEASE CHECK TO INVOICE DATE, NUMBER, AND/OR EXPLANATION ACCT NO NET INV AMT B~II No 00001570 Operation & Maintenance Expense under Contract DACW63 80 C-0104 For the present water supply at Ray Roberts Lake For period 01102102 -01102/03 630'1007805 $37,438 06, '~ TOTAL $37,438 06 AlP Check Off Director's Appr~al if Over $5,000 FROM ACCO~/~ ~3MBER DAC~63-80-C-0104 FIN~CE ~ ACCO~TTING B~h%NCH US/~ED FORT WORT~ BILL ~U3MBBR 00001570 CESWF RM F SWF BO BOX 17300 DAW DR 02-J;tN-2002 FORT WORn TX 76102-0300 Make check to Finance & Accoun=ir~ Officer, USACE, FORT WORn DISTRICT BILLINO DATE 03 DEC-2001 TO CI~"f OF DENTON OD MISCBLLA~OUS DEBT NOTICE ORDINANCE NO AN O1LDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE ANNUAL PAYMENT OF THE RAY ROBERTS LAKE OPERATION AND MAINTENANCE EXPENSE, AND PROVIDING AN EFFECTIVE DATE (CHECK REQUEST DATED 1/23/02 TO FiNANCE AND ACCOUNTING BRANCH, USAED, FT WORTH, IN THE AMOUNT OF $37,438 06) WHEREAS, m order to comply w~th the contract commitment to USAED, Ft Worth, Finance and Accounting Branch, the C~ty of Denton ~s reqmred to pay Lake Ray Roberts operatmn and maintenance expenses and WHEREAS, the C~ty Manager has reviewed and recommended that the City Council approve and authorize the paymem of such fees, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the expenditure of funds m the amount of $37,438 06 to be pa~d to the Finance and Accounting Branch, USAED, Ft Worth, ~s hereby authorized SECTION 11 That th~s ordinance shall become effective lmmedmtely upon ~ts passage and approval PASSED AND APPROVED this the day of ,2002 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGA/E FORM ATTO N Ray Roberts Lake Operat~o~ M~ntenance FEE ORD // AGENDA INFORMATION SHEET AGENDA DATE. February 19, 2002 Questions concermng this acqmsltmn may be thrected DEPARTMENT. Materials Management to Mark Nelson 940-349-7207 ACM Kathy DuBose, Fascal and Mumc~pal Services SUBJECT An Ordinance of the City Council authonzmg the C~ty Manager or has designee to execute an agreement for design/braid services for the constructaon of an air traffic control tower between the City of Denton and Wayne Allen Construction Incorporated, prowdlng for the expendature of funds therefore, and providing an effective date (RFP 2758 - Design/Braid of A~r Traffic Control Tower, in the mount of $1,015,421 00, awarded to Wayne Allen Construction, lnc ) PROFESSIONAL SERVICES AGREEMENT INFORMATION This Desagn/Bulld Agreement as for the design-braid of the A~r Traffic Control Tower, which ~ncludes all material and labor to provade a completely constructed Air Traffic Control Tower at the Municipal Airport RECOMMENDATION The Airport Admsory Board on February 6, 2002, recommended approval of the Design/Build Agreement It as therefore recommended by the A~rport Adwsory Board and the selectaon committee that flus project be awarded to the Design/Braid Team of Wayne Allen Construction, Inc ("Contractor"), m conjunctaon wath AJT and Associates, Inc, ("Architect/Engineer), as the proposal offenng the best value to the City on the bas~s of the selection criteria The Desagn/Bmld Team ~s recommended for the project based upon the ranking criteria of the selection committee and in accordance w~th RFP 2758 PRINCIPAL PLACE OF BUSINESS Wayne Allen Construction, Inc Denton, TX 76201 ESTIMATED SCHEDULE OF PROJECT It ~s antm~pated that the Notace to Proceed will be assued on or about March 2002 Estamated completion date as December 31, 2002 Agenda Information Sheet February 19, 2002 Page 2 FISCAL INFORMATION Funding for the Design/Braid Agreement will be provided from the following sources apprux~mately $565,421 wall be fimded from account 20000 300 and the remaining balance of $450,000 will be funded from dollars generated thru the Intent to Sell Resolution on the February 19, 2002 agenda Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent I AIS A~r Traffio Control Tower ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING AN AGREEMENT FOR DESIGN-BUILD SERVICES FOR THE CONSTRUCTION OF AN AIR TRAFFIC CONTROL TOWER BETWEEN THE CITY OF DENTON AND WAYNE ALLEN CONSTRUCTION INCORPORATED, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City ~s desirous of constructing an air traffic control tower at the Denton Municipal Airport (the "Project"), and WHEREAS, pursuant to authority delegated by City ordinance, prior to advertisement for design-build services to construct the ProJect, the Purchasing Agent determined that the design-build procurement method for the ProJect provides the best value to the City, and WHEREAS, the Purchasing Agent has fully complied with all of the procedural steps for the design-build procurement as required by Subchapter H, Chapter 271 of the Local Government Code as well as all City ordinances, regulations and the City Charter, and WHEREAS, the City Council finds that Wayne Allen Construction Incorporated (the "Contractor") in conjunction with AJT and Associates, Inc (the "Architect/Engineer") as a Design- Build Team submitted the proposal offenng the best value to the City on the basis of the selection criteria, and WHEREAS, the City has successfully negotiated an Agreement for Design-Build Services with the Contractor which will be substantmlly in the form of the instrument a copy of which is attached hereto and made a part hereof by reference (the "Design-Build Agreement"), and WHEREAS, the City Council finds that the Design-Braid Agreement is an the public interest, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The findings contained in the preamble of this ordinance are incorporated herein by reference SECTION 2 The City Council hereby approves the Design-Braid Agreement The City Manager or his designee is authorized to sign the Design-Build Agreement on behalf of the City and to exemme the City's rights and duties thereunder, including without limitation the expenditure of funds provided for in the Design-Braid Agreement SECTION 3 This ordinance shall become effective ~mmedlately upon its passage and approval PASSED AND APPROVED th~s _ day of ,2002 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEG, Adb FORM HERB~~CITY ATTORNEY By S SOur Documents\Ordmanees\02\Des~gn Build A~r Tower doc 2 AGREEMENT FOR DESIGN-BUILD SERVICES Th~s Agreement ~s made as of the day of ., 2002 between the C,ty of Denton, Texas, a home role mummpal corporat, on, hereinafter referred to as "Owner", and Wayne Alien Constmctmn Company, Incorporated, a Texas corporation whose pnnmpal place of business ~s 1103 North Elm Street, Denton, TX, hereinafter referred to as "Contractor" for the following ProJect Design/Braid for A~r Traffic Control Tower The Owner and Contractor agree as set forth below ARTICLE 1 GENERAL PROVISIONS 1 1 GENERAL PROVISIONS 1 1.1. DESIGN-BUILD PROCUREMENT The services of Contractor under tins Agreement were procured by Owner pursuant to the prowsmns of Sectmn 271 119 of the Texas Local Government Code Contractor ~s a part of a design-braid Team consisting of ~tself and AJT and Associates, Inc, a Florida corporatmn (called the "ArcintectYEngmeer") whose principal place of business ~s 8910 Astronaut Blvd Cape Canaveral, FL 32920 The Contractor and ArclutecffEngmeer are hereinafter called the "Design-Braid Team" The Contractor and ArclutectYEngmeer have entered into an agreement winch promdes that the ArctntectYEngmeer w~ll prowde design services for the ProJect (the "Team/Subcontract Agreement") The Contractor agrees that the Design-Braid serv,ces pmwded for ~n tins Agreement shall be pmwded by the Design-Braid Team w~th the ArclutectYEngmeer prowdmg the architectural and engineering servmes 1 1,2 TEAM RELATIONSHIP The owner and the Contractor agree to proceed w~th the Project on the bas~s of trust, good fatth and ftur deahng, and shall take all actmns reasonably necessary to perform tins Agreement m an economical and tLmely manner, lncludxng consideration of design modfficatmns and alternative materials or eqmpment that will permit the Work to be constructed w~th the F~rm F~xed Price and by the Date of Substantml Completton, as estabhshed m Attachment A ARTICLE 2 ARCHITECT/ENGINEER'S RESPONSIBILITIES 2 1 ARCHITECT/ENGINEER SERVICES 2 1 I ARCHITECT/ENGINEER The arclutectural and engineering services for the Project shall be pmvtded by the ArctntectYEngmeer who wall assign competent professmnals to the Project who are hcensed to perform arcintectural or engineering servmes ~n the State of Texas 2 1 2 TEAMISUBCONTRACT AGREEMENT Owner has the right to rewew and approve the terms and conditions of the Team/Subcontract Agreement between the members of the Design Build Team The Owner shall be a thud party beneficiary to the Team/Subcontract Agreement No Page 1 terms and conditions of the Team/Subcontract Agreement may be changed without the prior written consent of the Owner ARTICLE 3 DEFINITIONS 31 The term "Contract Documents" shall mean and ~nclude a Change Orders and wntten attachments to th~s Agreement s~gned byboth the Owner and Contractor, b tins Agreement except for the ex~stmg Contract Documents set forth m ~tem e below, c the most current Documents approved by the Owner pursuant to Subparagraphs 414,415or416, d the nfformatmn pmwded by the Owner pursuant to Clause 5121, e the Contract Documents ~n existence at the t~me of execut, on of tlus Agreement winch are set forth m Article 15, f the Owner's Cntena promded pursuant to Subparagraph 511 In case of any inconsistency, conflmt or amb~gmty among the Contract Documents, the Documents shall govern m the order m winch they are hsted above 32 The term "Work" shall mean and include the Design Phase Services procured m accordance w~th Subsection 411, the Fn-m F~xed Pnce Proposal pmwded m accordance w~th Section 42, the Construction Phase Servmes prowded m accordance w~th Section 43, Ad&t~onal Serwces that may be prowded m accordance w~th Sectton 48 and other servmes wInch are necessary to complete the Project m accordance w~th and reasonably referable fi.om the Contract Documents 33 The term "Day" shall mean calendar day 34 The term "Subcontractor" shall mean a person or entity who has an agreement w~th the Contractor or a subcontractor of the Contractor to perform any port~on of the Work The term Subcontractor does not ~nclude the ArcintectfEngmeer or any separate contractor employed by the Owner or any separate contractor's subcontractors 35 The term "Substantial Completion of the Work", or of a designated port~on, occurs on the date when con~tmctmn ~s suffimently complete m accordance w~th the Contract Documents so that the Owner can occupy or ut~hze the Project, or a designated portmn, for the use for winch ~t ~s intended Tins date shall be confirmed by a certfficate of Substantial Completmn s~gned by the Owner and Contractor The certfficate shall state the respective respons~b~httes of the Owner and Contractor for security, mmntenance, heat, ut~htms, damage to the Work, and insurance The certfficate shall also hst the ~tems to be completed or corrected, and establ,sh the t~me for their completion and con'ect~on Page 2 3 6 The term "Owner's Criteria" shall mean the m~tml description of the Owner's objectives, ~ncludmg budgetary and t~me criteria, space reqmrements and relatmnsh~ps, flex~bthty and expandainhty requirements, specml eqmpment and systems, and site reqmrements 3 7 The term "Hazardous Material" shall mean any substance or material ~dentffied now or m the future as hazardous under any federal, state or local law or regulatmn, or any other substance or materml winch may be considered hazardous or otherwise subject to statutory or regulatory requirements govemmg handhng, dmposal and/or clean-up ARTICLE 4 CONTRACTOR'S RESPONSIBILITIES 4 1 CONTRACTOR'S RESPONSIBILITIES The Contractor shall be responsible for the design and for the construction of the Work consistent w~th the Owmer's Program, as such Program may be mochfied by the Owner dunng the course of the Work The Contractor shall exercise reasonable slall and judgment in the performance of ~ts services including schedules and astunates that are a part of the Finn Fixed Price Proposal 4 1 1 DESIGN PHASE SERVICES 4.1 1 PRELIMINARY EVALUATION The Contractor shall pmwde a prelmunary evaluation of the ProJect's feaslb~hty based on the Owner's Cntena and other relevant mformatmn Tins w~ll include a prelumnary meeting held with the Contractor and the ArcintecffEngtneer plus the Owner and the Owner's Representatnves 4 1 2 PRELIMINARY SCHEDULE The Contractor shall prepare a prelmunary schedule of the Work for the Owner's written approval The schedule shall show the activities of the Owner, Arclutect~ngmeer and Contractor necessary to meet the Owner's completnon reqmrements The schedule shall be updated peno&cally w~th the level of detmI for each schedule update reflecting the mformaUon then avmlable If an update indicates that a previously approved schedule wall not be met, the Contractor shall recommend correct~ve actmn to the Owner mwrttmg 4.1 3 PRELIMINARY ESTIMATE When sufficient ProJect mformatmn has been ldentffied, the Contractor shall prepare for the Owner's written approval a prehmmary estimate utlhzmg area, volume or s~nular conceptual estunatlng techmques The estimate shall be updated periodically wath the level of detatl for each estimate update reflecting the mformatmn then avmlable If the prelunmary estimate or any update exceeds the Owner's budget, the Contractor shall make written recommendations to the Owner 4 1 4 CONCEPT DESIGN DOCUMENTS The Contractor shall subrmt for the Owner's written approval Concept Design Documents, based on the Owner's Program and other relevant mformatmn Concept Documents shall include drawings, outline spec~ficatmns and other conceptual documents ~llustratmg the ProJect's basic elements, scale, and their relatmnslup to the s~te Page 3 One set of these shall be furnished to the Owner The Contractor shall update the prehmlnary schedule and estumate based on the Concept Design Documents based upon discussions held at the prelmunary meeting w~th the Owner 4 1.5 DESIGN DEVELOPMENT DOCUMENTS The Contractor shall submit for the Owner's written approval Design Development Documents based on the approved Schematic Design Documents The Design Development Documents shall further define the Project including drawings and outline spemficatmns fixing and describing the ProJect size and character, and other appropriate elements incorporating the structural, arclutectural, mechamcal and electrical systems One set of these documents shall be furmshed to the Owner The Contractor shall update the schedule and estnnate based on the Design Development Documents 4 1.6 CONSTRUCTION DOCUMENTS The Contractor shall submit for the Owner's written approval Construction Documents based on the approved Design Development Documents The Construction Documents shall set forth m detml the requirements for constmctmn of the Work, and shall consist of drawings and specifications based upon codes, laws or regulatmns enacted at the trine of then: preparatmn Constructton shall be m accordance with these approved Constmctmn Documents One set of these documents shall be furmshed to the Owner pnor to commencement of constmctaon The Contractor shall prepare a further update of the schedule and estimate 4.1 6 1 The Drawings, Spemficat~ons and other documents prepared by the ArctntectfEngmeer for ti'ns ProJect are instruments of the Arcintect/Engnneer's servme, and shall become the property of the Owner upon the completion or tenmnatlon of tlus Agreement The Architect/Engineer ~s entitled to retatn cop~es of all such documents The documents prepared and furmshed by the Architect/Engineer are mtended only to be apphcable to this ProJect, and Owner's use of these documents m other projects shall be at Owner's sole risk and expense In the event the Owner uses any of the mformatmn or materials developed pursuant to ti'ns Agreement m another project or for other purposes than specified herem, Contractor and Arclutect/Eng~neer are released from any and all hab~hty relating to their use m that project 4 2 FIRM FIXED PRICE PROPOSAL 4 2.1 When the negotiations are finalized a firm fixed price shall be established m the mount of not to exceed $1,015,421 00 wtuch will be established based on the Owner's Criteria, and specifications and drawings to su£ficlently complete the ProJect (the "Fixed Price") Prior to the estabhshm~nt of the F~xed Price the Contractor shall prowde the Owner with the sum of the estimated Cost of the Work as defined m Article 10 and the Arctutect/Engqneer's Fee as defined m Article 9 The Fixed Pnee may only be modafied m accordance the promslons of Article 10 4 2 2 Omitted 4 2 3 BASIS OF THE FIXED PRICE The Contractor shall include with the F~xed Price proposal a written statement of ~ts basis, wtuch shall include Page 4 1 A list of the drawings and specfficatmns, including all addenda, wknch were used in preparatmn of the Fixed Pnce proposal, 2 A hst of allowances and a statement of their basis, 3 A list of the assumptions and clanficataons made by the Contractor m the preparation of the Fixed Price proposal to supplement the reformation contained m the drawings and specifications, 4 The date of Substantial Completmn upon wtuch the proposed Faxed Pnce is based, and the Schedule of Work upon wtuch the date of Substantaal Completion as based, 5 Schedule of apphcable alternate prices, 6 Schedule of apphcable mt prices, 7 Statement of Adchtlonal Servmes included, if any, and 8 The tame lamt for acceptance of the Faxed Pnce proposal 4 2 4 The Contractor shall meet wath Owner to review the F~xed Price proposal In the event that the Owner discovers any mconsastenmes or inaccuracies m the mformataon presented, the Owner shall promptly g~ve written notice to the Contractor, who shall make appropnate adjustments to the Fixed Pnce, or provide its basas or both 4 2 $ Prior to the Owner's acceptance of the Contractor's Fixed Price proposal, the Contractor shall not recur any cost to be remabursed as part of the Cost of the Work, except as provaded m tins Agreement or as the Owner may specifically authorize m writing 4 2 6 Upon acceptance by the Owner of the Fixed Pnce proposal, the Faxed Pnce and its basas shall be set forth m Attachment A The Fixed Price and the date of Substantial Completmn shall be subject to mochficataon by changes m the Work as provided m Articles 7 and 10 4 2 ? The Owner is a tax exempted mummpal corporataon Therefore, the Fixed Pnce and Cost of Work shall not include taxes Upon request, the Owner shall provade to the Contractor any certificates or other written documentation that may be required by any supplier or subcontractor to evidence the tax exempt status of the Owner 4 3 CONSTRUCTION PHASE SERVICES 4 3.1 The Constructmn Phase wall commence upon the issuance by the Owner of a written not~ce to proceed wath construction If constructmn commences prior to execution of Attachment A, the Owner's wntten notate to proceed shall last the documents that are applicable to the part of the Work whmh the Owner has authorized Page 5 4 3 2 In order to complete the Work, the Contractor shall provide all necessary construction supervision, inspection, construction equipment, labor, materials, tools, design services and subcontracted ~tems 4 3 3 The Contractor shall give ali notices and comply with all laws and ordinances legally enacted at the date of execution of the Agreement which govern the proper performance of the Work 4 3 4 The Contractor shall prepare and submit a Schedule of Work for the Owner's written approval The Schedule of Work shall indicate the dates for the start and completion of the various stages of the construction including the dates when ~nformat~on and approvals are required from the Owner It shall be revised as required by the conditions of the Work 4 3 5 The Contractor shall secure all bmld~ng permits necessary for the construction of the Project 4 3 6 The Contractor shall take necessary precautions for the safety of ~ts employees, Subcontractors and their employees on the Project, and shall comply with all applicable prowsions of federal, state and mumc~pal safety laws to prevent accidents or mjmy to persons on, about or adjacent to the ProJect s~te The Contractor, chrectly or through its Subcontractors, shall erect and properly manntam at all ttmes, as reqmred by the conditions and progress of the Work, necessary safeguards for the protection of workers and the public The Owner agrees to cause ~ts employees, agents, separate contractors and tenants to ab~de by and fully adhere to all apphcable prowsmns of federal, state and mumc~pal safety laws and regulations The above provlsmn shall not relieve Subcontractors of their respons~b~hty for the safety of persons or property m the performance of their work, nor for comphance with all apphcable provisions of relevant laws 4 3.7 The Contractor shall keep such full and detatled accounts as may be necessary for proper financial management under tins Agreement The Owner shall be afforded access to all the Contractor's and Arclutect/Enguneer's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda and s~milar data relat.ng to this Agreement The Contractor shall preserve or caused to be preserved ali such records for a period of three years after the final payment or longer where reqmred by law 4 3 8 The Contractor shall prowde periodic written reports to the Owner on the progress of the Work as agreed to by the Owner and Contractor 4 3 9 The Contractor shall develop a system of reporting completion of the Work, mclud~ng regular momtonng of all act~vltms m progress and estimates for uncompleted tasks and proposed changes m the Work The reports shall be presented to the Owner at mutually agreeable intervals 4 3 10 At all times the Contractor shall mmntaln the s~te of the Work free from debris and waste materials resulting from the Work At the completion of the Work, the Contractor shall remove from the premises ali construction equipment tools, surplus materials, waste materials and debris Page 6 4 4 HAZARDOUS MATERIAL 4 4 1 The Contractor reserves the nght not to commence or continue Work until any known or suspected Hazardous Material d~scovered at the ProJect s~te has been removed, rendered or determined to be harmless by the Owner as certified by an ~ndependent testing laboratory and approved by the appropriate government agency 4 4.2 If after the commencement of the Work, known or suspected Hazardous Material ,s &scovered at the ProJect s~te the Contractor shall be entitled to ~mmed~ately stop Work m the affected area, and the Contractor shall report the cond~tmn to the Owner and, ~f reqtared, the government agency wuth junsd~ctmn The Contractor w~ll not be entitled to add~tmnal compensation by reason of any delay reqmred to abate the Hazardous Material but instead wall be granted a t~me extensmn for completion of the Work, ~f affected, winch t~me extensmn w~ll constitute full adjustments due the Contractor 4 4,3 The Contractor shall not be reqtared to perform any Work relating to or m the area of known or suspected Hazardous Matenal w~thout written mutual agreement 4 4~4 The Owner shall be responsible for retmmng an independent testing laboratory to determine the nature of the matenal encountered and whether ~t ~s a Hazardous Material reqmrmg correct~ve measures and/or remechal actmn Such measures shall be the sole respons~bd~ty of the Owner, and shall be performed m a manner m~mm~mng any adverse effect upon the Work of the Contractor The Contractor shall resume Work ~n the area affected by any Hazardous Material only upon written not,ce from the Owner after the Hazardous Materml has been removed or rendered harmless 4 5 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and hcense fees winch may be due on the mclusmn of any patented or copyrighted materials, methods or systems selected by Contractor and incorporated m the Work The Contractor shall defend, mdemmfy and hold the Owner harmless from all stats or clmms for mfnngement of any patent rights or copyrights ansmg out of such selectmn The Owner agrees to defend, ~ndemmfy and hold the Contractor harmless from any stats or clmms of mfnngement of any patent rights or copyrights arising out of any patented or copyrighted materials, methods or systems specffied by the Owner 4 6 WARRANTIES AND COMPLETION 4 7 1 The Contractor warrants that all materials, supphes and eqmpment rum, shed under ti'ns Agreement w~ll be new unless otherwise specified, of good qual~ty, ~n conformance w~th the Contract Documents, and free from defective workmansinp and materials Warrant~es shall commence on the date of Substantial Completmn of the Work or of a designated port,on The Contractor agrees to correct all constructmn performed under tins Agreement wtuch proves to be defective, m workmansinp and materials w~thta a period of one year from the date of final acceptance of the ~mprovements or for such longer periods of t~me as may be set forth w~th respect to specffic warrant~es reqtared by the Contract Documents Page 7 4 7 2 The Contractor shall secure reqmred certificates of ~nspectlon, testing or approval and del~ver them to the Owner 4 7 3 The Contractor shall collect all written warranties and eqmpment manuals and dehver them to the Owner 4 7.4 W~th the assistance of the Owner's mmntenance personnel, the Contractor shall direct the checkout of utlhtles and operations of systems and eqmpment for read~ness, and assist m their initial start-up and testing 4 8 ADDITIONAL SERVICES The Contractor shall provide or procure the following Additional Services upon the request of the Owner A written agreement between the Owner and Contractor shall define the extent of such Addlt~onal Services Such Additional Services shall be considered a Change in the Work, unless they are specifically included m the statement of the bas~s of the Fixed Price as set forth in Attachment A 4 8 1 Consultations, negotlatmns, and documentation supporting the procurement of Project financing 4 8.2 Surveys, site evaluations, legal descriptions and aerial photographs 4 8 3 Apprmsals of existing eqmpment, existing propemes, new equipment and developed properties 4 8 4 Soils, subsurface and enmromnental studies, reports and mvestlgatlons reqmred for submms~on to governmental authontms or others having jur~sdmtlon over the ProJect, except for Geo-Techmcal Services included in the Basic Serwces per Attachment A 4 8.5 Consultations and representatmns other than normal assistance m secunng bmldlng permits, before govenn'nental authorities or others hawng junsd~ct~on over the Project 4 8.6 Investigation or malang measured drawings of ex~stmg conditions or the verification of drawings or other Owner-prowded mformatmn Except as prowded as part of the proposal included in Attachment A 4 8 7 Art~stm rendenngs, models and mockups of the Project or any part of the Project or Work Except as provided m Attachment A 4 8 8 Inventories of ex~stlng furniture, fixtures, furmshmgs and eqmpment which m~ght be under cons~deratmn for incorporation mto the Work 4 8.9 Interior design and related services mcluchng procurement and placement of furmture, fum~stungs, art work and decorations Page 8 4 8 10 Making revisions to the Schematic Design, Design Development, Construction Documents or documents forming the basxs of the Fixed Price after they have been approved by the Owner and which are due to causes beyond the control of the Contractor 4 8 11 Design, coordination, management, expe&tlng and other serwces supporting the procurement of materials to be obtained, or work to be performed, by the Owner, including but not limited to telephone systems, computer wiring networks, sound systems, alarms, security systems and other specialty systems which are not a part of this Agreement, except for the items outlined in Attachment A 4 8 12 Estimates, proposals, appraisals, consultations, negotiations and services m connection with the repair or replacement of an insured loss 4 8 13 The premium portion of overtime work ordered by the Owner including productlwty impact costs 4 8 14 Document reproduction exceeding the hm~ts provided for m th~s Agreement 4 8.15 Out-of-town travel by the Archxtect/Englneer in connection with the Work, except between the Archltect/Engmeer's office, Contractor's office, Owner's office and the ProJect site If outside the travel expenses addressed in Attachment A In the Fixed Price 4 8.16 Obtaining service contractors and traanlng mmntenance personnel, assisting and consulting In the use of systems and equipment after the ~nltlal start up, and adjusting and balancing of systems and equipment 4 8.17 Services for tenant or rental spaces not a part of this Agreement 4 8.18 Services requested by the Owner or required by the Work which are not specified ~n the Contract Documents and which are not normally part of generally accepted design and construction practice 4 8.19 Serving or preparing to serve as an expert witness in connection with any proceeding, legal or otherwise, regarding the ProJect 4 9 SURETY BONDS 4 9.1 With the execution and delivery of the Agreement, the Contractor shall furnish and file with the Owner in the full amount of that portion of the Fixed Price attributable to the Construction Costs as set forth on page 9 of Attachment A, the surety bonds specffied hereunder Without exception, the Owner's bond forms must be used, and exclusive venue for any lawsuit m connection with such bonds shall be specified as Denton County, Texas Such surety bonds shall be in accordance with the prowslons of Chapter 2253 of the Government Code, as amended, and Article7 19-1 of the lnsurance Code, asamended These bonds shall automatically be increased by the amount of any change order or supplemental agreement which increases the Fixed Price with or without notice to the surety, but in no event shall a change which reduces the Fixed Price reduce Page 9 the penal amount of such bonds The Design Costs outlined m Attachment A shall be excluded from the Performance and Payment Bonds 4 9 2 Performance Bond A good and sufficient bond m an amount not less than 100 percent of the Fixed Price attributable to the Construction Costs as set forth on page 9 of Attachment A, as ewdenced by the proposal, or otherwise guaranteeing the full and fathfuI execution of the Work and performance of the Agreement in accordance w~th the plans, specifications and Contract Documents, including any extansmns thereof, for the protection for the Owner This bond shall provide for the repair and/or replacement of all defects due to faulty materials and workmanship that will appear w~thin a period of one year from the date of completion and acceptance of the ~mprovemants by the Owner (b) Payment Bond A good and sufficient bond ~n an amount not less than 100 percent of the Fixed Price attributable to the Constructmn Costs as set forth on page 9 of Attachment A, as ewdenced by the proposal, or otherwise guaranteeing the full and proper protection of ali claimants supplying labor and material in the prosecution of the Work provided for ~n sa~d Agreement and for the use of each claimant (c) Sureties No surettes shall be accepted by the Owner who are now in default or delinquent on any bonds or who are interested m any ht~gat~on agmnst the Owner Ail bonds shall be made on forms furnished by the Owner and shall be executed by not less than one corporate surety authorized to do business m the State of Texas and acceptable to the Owner The sureties shall be listed m the most current Federal Register Treasury List Each bond shall be executed by the Contractor and surety Each surety shall designate an agent resident in the Owner's jurisdictional area acceptable to the Owner to whom any reqms~te notmes may be dehvered and on whom service of process may be had m matters arlsmg out of such suretyship The Owner reserves the right to reject any and ali sureties (d) Addltmnal or Substitute Bonds If at any time the Owner is or becomes dissatisfied with any surety, then upon the performance or payment bond, the Contractor shall, within five days after notice from the Owner to do so, substitute an acceptable bond (or bonds), or provide an additional bond, in such form and sum and signed by such other surety or suretms as may be satmfactory to Owner No further payments under the contract shall be deemed due or payable until the substitute or additional bonds shall have been furnished and accepted by the Owner 4 10 TRENCH SAFETY 4 10 1 The Contractor shall be responsible for complying with state laws and federal regnlatmn$ relat~ng to trench safety, mchidmg those which may be enacted dunng the performance under th~s Agreement THE CONTRACTOR SHALL FULLY COMPLY WITH THE U S DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH ORGANIZATION (OSHA) REGULATIONS PERTAINING TO EXCAVATIONS, TRENCHING, AND SHORING AND SHALL PROVIDE AND FAMILIARIZE THEIR EMPLOYEES INVOLVED IN EXCAVATION AND TRENCHING WITH THE PROVISIONS IN OSHA PAMPHLET NUMBER 2226, EXCAVATING AND TRENCHING OPERATIONS Page 10 4 10 2 In addition to any other lndemmficat~on, CONTRACTOR AG1LEBS TO DEFEND, INDEMNIFY AND HOLD OWNER, ITS OFFICERS, AGENTS AND EMPLOYEES, COMPLETELY HAP, MLESS FROM ANY CLAIMS, LAWSUITS, JUDGMENTS, COSTS AND EXPENSES (INCLUDING ATTORNEY'S FEES, IF ANY) FOR ANY PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT (INCLUDING ANY INJURY, DEATH OR DAMAGE SUFFERED BY THE CONTRACTOR'S OWN EMPLOYEES) ARISING OUT OF OR OCCASIONED BY THE USE OF ANY TRENCH EXCAVATION PLANS, REGARDLESS OF THEIR ORIGIN, OR BY ANY NEGLIGENT, GROSSLY NEGLIGENT, STRICTLY LIABLE OR INTENTIONAL ACT OF THE CONTRACTOR, A SUBCONTRACTOR OR ANY iNDIVIDUAL EMPLOYEE OR LABORER (WHETHER OR NOT AN EMPLOYEE OF THE CONTRACTOR OR A SUBCONTRACTOR) IN THE PERFORMANCE OR SUPERVISION OF ACTUAL TRENCH EXCAVATION UNDER THE CONTRACT THIS INDEMNITY APPLIES REGARDLESS OF WHETHER OWNER'S NEGLIGENCE OR FAULT IN THE ADMINISTRATION OF THIS AGREEMENT OR IN THE PREPARATION, REVIEW OR APPROVAL OF THE OWNER'S OR CONTRACTOR'S TRENCH EXCAVATION PLAN CONTRIBUTED TO THE INIURY, DEATH OR DAMAGE OWNER ACCEPTS NO LIABILITY WHATSOEVER AS A RESULT OF ITS PREPARATION, REVIEW OR APPROVAL OF ANY TRENCH EXCAVATION PLAN UNDER THIS CONTRACT, OWNER MAKES NO WARRANTY, EXPRESS OR IMPLIED, CONCERNING THE ADEQUACY OR CORRECTNESS OF ANY TRENCH EXCAVATION PLAN (THE PROVISIONS OF THIS SUBSECTION ARE SOLELY FOR THE BENEFIT OF THE PARTIES TO THE AGREEMENT AND ARE NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY THIS SUBSECTION SHALL NOT BE CONSTRUED TO WAIVE ANY GOVERNMENTAL IMMUNITY OF THE OWNER THIS SUBSECTION CONTROLS IN THE EVENT OF A CONFLICT WITH ANY OTHER INDEMNITY OR OWNER-WARRANTY PROVISION IN THE SPECIFICATIONS) 4 10 3 The CONTRACTOR shall be responsible for selecting an appropriate method of providing trench safety after due conmderatmn of the job condlt~ons, location of ut~htms, pavement conditions and other relevant factors Slope-back methods winch may result ~n unnecessary displacement of ut~htles and/or destruction of pavement shall not be used w~thout penmssmn from the Owner The Contractor shall be responsthle for prowd~ng to the Owner an acceptable trench safety plan mgned and sealed by a professional edngmeer quahfied to do such work and hcensed/regustered ~n the State of Texas Plans for devices used to prowde trench safety such as trench stuelds and shonng systems will be hkew~se certffied by profesmonal engineers hcensed/reg~stered m the State of Texas or by a professional engineer hcensed/reg~stered ~n the state of manufacture of the sineld or shonng system 4 10 4 The redes of all excavatmn shall be supported ~n accordance w~th the trench safety plan Where bracing or sheeting and bracing are used, the trench w~dth shall be ~ncreased accorchngly, shall be conmdered as ~nc~dental work, and shall not be prod for as a separate ~tem In wet, saturated or flowing materials where ~t ~s necessary to install t~ght sheeting or cofferdams, wood or steel sheet p~hng of a design and type approved by the Owner shall be used All sheeting, Page 11 shonng and bracing shall have sufficient strength and ng~d~ty to w~thstand the pressure exerted, to mamtam the s~des of the excavatmn properly m place, and to protect all persons or property from ,njury or damage When excavatmns are made adjacent to ex~stmg bmld~ngs or other structures or m paved streets, particular care shall be taken to adequately sheet, shore and brace the s~des of the excavatmn to prevent undermining of or settlement beneath the structures or pavement Underp~nmng of adjacent structures or pavement shall be done at the Contractor's own cost and expense and ~n a manner satisfactory to the Owner, or, when reqmred by the Owner, the pavement shall be removed, the void satisfactorily filled, compacted and the pavement replaced by the Contractor The entire expense of such removal and subsequent replacement thereof shall be borne by the Contractor Wooden sheeting, shonng and bracing shall be left ~n place where ~t ~s adjacent to the p,pe embedment for the m~tml hft of backfill 4 10 5 The removal of all sheeting, shoring and bracing shall be done m such manner as not to endanger or damage e~ther new or ex~stmg structures, or private or pubhc properties, and so as to avmd caveqns or shdmg of the banks All holes or vmds left by the removal of the sheeting, shonng or bracing shall be ~mmedmtely and completely filled and compacted w~th statable materials If, for any reason, the Contractor, w~th the approval of the Owner, elects to leave ~n place the sheeting, shonng or bracing, no payment shall be allowed for such material left ~n place unless ordered by the Owner to be left m place 4 10 6 All shonng or bracing w~ll be ~nspected by an OSHA competent person According to OSHA regulat~ons, a competent person ~s defined as one who is capable of ~dent~fsang ex~stmg and predmtable hazards m the surroundings, or workmg condttmns which are unsamtary, hazardous, or dangerous to employees, and who has authonzat~on to take prompt corrective measures to chromate them 4 10 7 Payment for trench safety shall be by the lineal feet of trench exceeding a depth of five (5) ft unless otherwise specffied m the Agreement Excavatmn for slope-back methods shall be subs~dmry to the trench safety pay item including replacement and recompactmn Excess excavatmn for other trench safety methods ,s also subsidiary to the trench safety pay ~tem Costs relatmg to the preparatmn of the trench safety plan ~ncludmg geotechmcal investigation, testing and report preparation fees are all subsidiary to the pay ~tem for trench safety ARTICLE 5 OWNER'S RESPONSIBILITIES 5 1 INFORMATION AND SERVICES PROVIDED BY OWNER 5 1 1 The Owner shall prowde full reformat,on ~n a t~mely manner regarding reqmrements for the ProJect, including the Owner's Cntena and other relevant mfonnatmn Page 12 5 1 2 The Owner shall provide 1 AIl necessary reformation describing the physical characteristics of the site, including surveys, site evaluations, legal descriptions, existing conditions, subsurface and environmental studies, reports and investigations, if available, and 2 Inspection and testing services dunng construction as required by law or as mutually agreed, per Attachment A 5 1 4 The Owner takes no msponslblhty of the Contractor's reliance on the information provided or of the completeness and accuracy of the information and services required by this Section 5 1 5 2 OWNER'S RESPONSIBILITIES DURING DESIGN PHASE 5 2 1 The Owner shall provide the Owner's Criteria at the inception of the Design Phase and shall review and approve schedules as to time, estimates, Concept Design Documents, Design Development Documents and Construction Documents furnished during the Design Phase as set forth in Paragraph 4 1 1, and the Fixed Price proposal as set forth ~n Section 4 2 5 3 OWNER'S RESPONSIBILITIES DURING CONSTRUCTION PHASE 5 3.1 The Owner shall review and timely approve the Schedule of the Work as set forth in Subparagraph 4 1 2 and 4 3 4 $ 3.2 If the Owner becomes aware of any error, omission or failure to meet the requirements of the Contract Documents or any fault or defect in the Work, the Owner shall give prompt written notice to the Contractor 5 3 3 The Owner shall commumcate with the Contractor's Subcontractors, suppliers and Architect/Engineer only through the Contractor The Owner shall have no contractual obligations to Subcontractors, suppliers, or the Architect/Engineer 5 4 OWNER'S REPRESENTATIVE The Owner shall designate an Owner's representative who will act on Owner's behalf in the admlmstratlon of this Agreement Page 13 ARTICLE 6 SUBCONTRACTS Work not performed by the Contractor with its own forces shall be performed by Subcontractors 6 1 RETAINING SUBCONTRACTORS The Contractor shall not retain any Subcontractor to whom the Owner has a reasonable and timely objection The Contractor shall not be required to retain any Subcontractor to whom the Contractor has a reasonable obj ecUon 6 2 MANAGEMENT OF SUBCONTRACTORS The Contractor shall be responsible for the management of the Subcontractors in the performance of their work 6 3 ASSIGNMENT OF SUBCONTRACT AGREEMENTS The Contractor shall provide for assignment of subcontract agreements in the event that the Owner terminates this Agreement for cause as provided xn Section 13 3 Following such termination, the Owner shall notify m writing those subcontractors whose assignments will be accepted, subject to the rights of sureties ARTICLE 7 CONTRACT TIME 7 1 COMMENCEMENT OF TIlE WORK The Work shall commence on or about March 15, 2002, and shall proceed in general accordance with the approved Schedule of Work as such schedule may be amended from time to time, subject, however, to the prowslons of Section 3 5, 4 3 4 and Attachment A 7 2 SUBSTANTIAL COMPLETION At such time as a F~xed Price is accepted, a date of Substantial Completion of the Work shall be established as set forth ~n Attachment A Time shall be of the essence of this Agreement The Final Completion date shall be the date the Owner issues ~ts certificate of final acceptance 7 3 DELAYS AND EXTENSION OF TIME 7 3 1 The Contractor shall be entitled to an extension of working time under this Agreement only when clam for such extension is submitted to the Owner ~n writing by the Contractor within seven days from and after the time when the alleged cause of delay occurs, and then only when such time is approved by Owner In adjusting the Agreement working time for the completion of the Project, unforeseeable causes beyond the control and without the fault or neghgence of the Contractor, its agents, employees, subcontractors, or members of the Design- Build Team shall be taken into consideration, including but not restricted to unforeseen ~nablhty to obtain supplies and materials, acts of God or the public enemy, acts of the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe whether conditions, or delay of subcontractors due to such causes beyond their control Page 14 7 3 2 If as a result of such unforeseen cond~tmns beyond the control of the Contractor, ~ts agents, employees, subcontractors, or members of the Design-Braid Team, the satisfactory completion of this Agreement should reqmre work and materials in greater amounts or quantities than those set forth .n th~s Agreement, requmng more t~me for complet,on than the antm~pated t~me, then the Agreement working time shall be eqmtably increased, but not more than ~n the same proportmn as the cost of the add~tmnal work bears to the cost of the original work contracted for No allowances shall be made for delays or suspension of performance of the work due to the fault of the Contractoi, ~ts agents, employees, subcontractors, or members of the Design-Braid Team 7 3 3 No adjustment to working t~me shall be made ~f, concurrently w~th the eqmtable cause for delay, there existed a cause for delay due to the fault or negl.gence of the Contractor, ~ts agents, employees, subcontractors, or members of the Design-Build Team No adjustment shall be made to the Agreement price or the Fixed Price and the Contractor shall not be entitled to clmm or receive any additional compensation as a result of or arising out of any delay resulttng ~n adjustment to the working time hereunder All clmms for extension of working time must be submitted m accordance w~th tins Section 7 3, and no act of the Owner shall be deemed a wmver or entitlement of such extension 7.3.4 In the event delays to the ProJect are encountered for any reason, the part,es agree to undertake reasonable steps to mitigate the effect of such delays ARTICLE 8 COMPENSATION 8 1 PAYMENT SCHEDULE Upon execution of th~s Agreement a payment schedule w~ll be estabhshed based upon the completion of work and as approved by the Owner 8 2 Design Phase Compensation 8 2.1 The cost of servmes performed d~rectly by the Architect/Engineer is computed separately and ~s independent f~om the Contractor's compensatmn for work or services directly performed by the Contractor, these costs shall be shown as separate ~tems on apphcations for payment 8 2.2 The Owner shall compensate the Contractor for services performed dunng the Design Phase as described m Sectmn 4 1, and as described m Section 4 2, by lump sum based upon the percentage of complet, on of work for each of the followmg phases and percentages as outhned m Attachment A 8 2 3 Compensatmn for Design Phase Servmes shall be eqmtably adjusted If such services extend beyond December 31, 2002, from the date of tkts Agreement for reasons beyond the reasonable control of the Contractor or as provided m Sectmn 10 1 For changes m Design Phase Services, compensatmn shall be adjusted per Attachment A Page 15 8 2 4 Payments for Design Phase Serwces shall be due and payable for Work satisfactorily completed, within tiurty (30) days following presentatmn of the Contractor's monthly ~nvmce to the Owner as set forth hereto SubJect to the terms and condmons set forth, every attempt wall be made for payment by the l0th of the month The C~ty w~ll not be subject to any clmms, penalties or ~nterest due to the Contractor ~f payment ~s not received by the 10th of the month 8 3 CONSTRUCTION PHASE COMPENSATION 8 3 1 The Owner shall compensate the Contractor for Work performed following the commencement of the Constmctmn Phase based upon percentage of work satisfactorily as prowded m Article 11 8 3 2 The compensatton to be prod under ttus Section 8 3 shall not exceed the F~xed Price estabhshed m Attachment A, or as the Fixed Price maybe adjusted under Artmle 10 8 3 3 Payment for Constructmn Phase Services shall be as set forth m Artmle 11 If Design Phase Services continue to be prowded after construction has commenced, the Contractor shall also continue to be compensated as promded m Sectmn 8 2, or as mutually agreed ARTICLE 9 COST OF THE WORK The Owner agrees to pay the Contractor for the Cost of the Work as de£med ~n tlus Artmle 9 1 COST ITEMS FOR DESIGN PHASE SERVICES Compensatmn for Design Phase Services shall be prod as provided m Sectmn 8 2 and Attachment A 9 2 COST ITEMS FOR CONSTRUCTION PHASE SERVICES Tlus Section sets forth the cost items for Constmctmn Phase Serrates whmh are 9 2 1 Wages prod for labor ~n the drrect employ of the Contractor m the performance of the Work 9 2 2 Salaries of Contractor's employees m whatever capamty employed at the jobs~te and employees engaged on the road exped~tmg the productmn or transportation of material 9 2 3 Cost of all employee benefits and taxes including but not hm~ted to workers' compensation, unemployment compensation, Somal Security, health, welfare, retirement and other fringe benefits as reqmred by law, labor agreements or prod under the Contractor's standard personnel pohcy, insofar as such costs are prod to employees of the Contractor who are ~ncluded m the Cost of the Work under Subsectmns 9 2 1 and 9 2 2 9 2 4 Cost of all matermls, supphes and eqmpment incorporated m the Work, ~ncludmg costs of mspectlon, tcsUng, transportation, storage and handhng Page 16 9 2 5 Payments made by the Contractor to Subcontractors for work performed under this Agreement 9 2 6 Rental charges of all necessary machinery and equipment, exclusive of tool, machinery and equipment owned by workers, used at the s~te of the Work, mcindung ~nstallatlon, repmr and replacement, dismantling, removal, mmntenance, transportatmn and delivery costs at rental charges consmtent w~th those prevalhng ~n the area 9 2.7 Cost of the premiums for all ~nsurance and surety bonds winch the Contractor required to procure or deems necessary 9.2 8 Cost of the premmms for all insurance and surety bonds which the Conractor ~s required to procure and are direct costs to the ProJect 9.2 9 Sales, use, gross receipts or other taxes, tariffs or duties related to the Work for winch the Contractor is liable Tins does not include taxes on materials, eqmpment or supphes that used for or incorporated ~nto the ProJect for wluch the Owner is exempt by virtue of its tax exempt status as a mumc~pahty 9 2 I0 Permits, fees, hcenses, and tests reqmred by the Work per Attachment A 9 2.11 All water, power and fuel costs necessary for the Work per Attachment A 9 2 12 Cost ofremovaI of all non-hazardous substances, debns and waste matenals 9 2.13 All costs directly recurred in the performance of the Work or in connectmn wath the ProJect, as set forth m Article 7 and Attachment A, winch are reasonably referable from the Contract Documents as necessary to produce the intended results ARTICLE 10 CHANGES IN THE WORK Changes m the Work winch are wlttnn the general scope of this Agreement may be accomphshed by Change Order without lnvahdatmg th~s Agreement 10 1 CHANGE ORDERS A Change Order is a written instrument, ~ssued after execution of this Agreement, signed by the Owner or Owner's Representative and Contractor stating their agreement upon a change and the adjustment m the Fixed Price per Attachment A and/or the date of Substantial Completion Each adjustment m the Fixed Price resulting from a Change Order shall clearly separate the amount attributable to compensation for Design Phase Services, Construction Phase Services and other Cost of the Work Page 17 10 2 DETERMINATION O1' COST An increase or decrease the FFP resulting from a change in the Work shall be detenmned by one or more of the following methods 10 2.1 unit prices set forth m tlns Agreement or as subsequently agreed, 10 2.2 a mutually accepted, itemized lump sum, or I0 2 3 costs determined as defined m Section 8 2 and Article 9 and per Attachment A 10 3 NO OBLIGATION TO PERFORM The Contractor shall not be obligated to perform changed Work until a Change Order has been executed by the Owner 10 4 ADJUSTMENT OF UNIT PRICES If a proposed Change Order alters original quantities to a degree that apphcat~on of previously agreed to umt prices would be meqmtable to either the Owner or the Contractor, the umt prices and the F~xed Price shall be eqmtably adjusted 10 5 SITE CONDITIONS Contractor represents that it has vmlted the s~te of the Work, has fully familiarized itself with the location and on-s~te cond, tlons under winch the Work m to be performed and has correlated its observations with the reqmrements of the Project and the Owner's Criteria The Contractor has sat~siied itself as to the subsurface conditions at the site of the Work The Contractor shall make no clmm for damages, additional compensation or extension of time against the Owner because of encountering actual conchtlons m the course of the Work that were not discovered by Contractor prior to cormnenclng the Work Since sub-surface conchtlons are not known, tins proposal is subject to additional charges of cost plus 10% that may result from encountenng sub-surface water, rock, underground utlhtms, ere, that are not now visible 10 6 CLAiMS FOR ADDITIONAL COST OR TIME For any clmm for an increase in the Fixed Price, compensatmn for Design Phase Services, the Construction Costs and/or an extensmn m the date of SUbstantial Completion, the Contractor shall give the Owner written notice of the claim wltinn seven days after the occurrence glvmg nsc to the clalm Except ,n an emergency, notice shall be given before proceeding with the Work Any change m the Fixed Price, compensation for Design Phase Services, the Construction Costs, and/or date of Substantial Completion resulting from such claim must be authorized by Change Order 10 7 EMERGENCIES In any emergency affect,ng the safety of persons and/or property, the Contractor shall act, at its d~scretmn, to prevent threatened damage, injury or loss Any change ~n the F~xed Price, compensation for Design Phase Services, the Contractor's Fee and/or extension of the date of Substantial Completion on account of emergency work shall be determined as prowded in this Article Page 18 ARTICLE 11 PAYMENT FOR CONSTRUCTION PHASE SERVICES 11 1 PROGRESS PAYMENTS 11 I 1 A monthly estimate of progress based upon completion of Work will be mutually agreed upon between the Owner and the Contractor The monthly estimate may include acceptable nonpenshable matenals delivered to the Work, such payment shall be allowed on the same pementage basis as the net invoice value as provided hereunder The percent retained by the Owner shall normally be up to 5% percent at completion, unless otherwise stated At midpoint, or at any subsequent time, if the Owner determines that the progress on the Agreement is satisfactory m all respects, it may at its discretion cease to retain additional funds until the completion of the ProJect, or until progress ceases to be satisfactory The Owner shall make the sole determination in tins matter 11.1.2 The Contractor shall furmsh to the Owner such detmled information as the Owner may request to assist it m the preparation of the monthly estimates It is understood that the monthly estamates shall be approxmaate only, and all monthly estimates and partial payments shall be subject to correction m the esttmate rendered following the discovery of an error m any previous estimate, and such estimate shall not m any respect be taken as an admission of the Owner of the amount of Work done or of its quahty or suffimency nor as an acceptance of the Work or the release of the Contractor of any respons~btllty under the Agreement 11 2 RETAINAGE As security for faithful completion of the Work by the Contractor, the Owner shall retmn 5 percent of the total dollar amount of the Work When work is 80 percent complete, retmnage may, at the Owner's option, be reduced to two percent of the dollar value of the Work satisfactorily completed to date (not to Include material on hand), provided that the Contractor ~s makang satisfactory progress and there is no cause of greater retamage as determined by the Owner 11 3 FINAL PAYMENT 11 3.1 Whenever the improvements provided for by the Agreement are completely performed, the Contractor shall notify the Owner that the improvements are ready for final inspection The Owner shall then cause the final inspection to be made If the Work is satisfactory and in accordance with the specfficatmns and Contract Documents, the Contractor shall be issued a certificate of acceptance 11 3 2 whenever the improvements provided for by the Agreement are completely performed on the part of the Contractor, as evidenced in the certificate of acceptance fi.om Owner, and ail required submissions are provided to the Owner, a final estimate showing the value of the Work, lncludlng the work performed by Arclutect/Engmeer, shall be prepared by the Owner as soon as the necessary measurements and computations can be made All prior estimates upon which payments have been made are subject to necessary corrections or revlstons tn the final Page 19 payment The amount of the final estimate, less any sums that have been previously paid, deducted or retmned under the provisions of this Agreement, shall be paid to the Contractor within 30 days after final acceptance, prowded that the Contractor has first furnished the Owner (a) a consent of surety to final payment, (b) the final Contractor's Report of Subcontractor/Suppher Payment evidencing that all indebtedness connected w~th the Work and all sums of money due for any labor, materials, apparatus, fixtures or macbanery furmshed for or used in the performance of the Work have been prod or otherwise satisfied, or that the person or persons to whom the same may be respectively due have consented to final payment, and (c) such other affidawts, lien wmvers and other documentatmn as the Owner may reasonably require to protect ~ts ~nterests In addition, the Contractor shall be reqmred to execute the Owner's standard Affidavit of F~nal Payment and Release as a precondition to receipt of f'mal payment 11 3.3 The acceptance by the Contractor of the final payment shall operate as and shall be a release and indemnification by Contractor to Owner fi.om all clmms or llablht~es under the Agreement, mcludmg subcontractor and supplier clmms, or clmms fi.om the Architect/Engineer for anything done or furmshed or relating to the Work under the Agreement or for any act or neglect of the Owner relating to or connected with the Agreement 11 3 4 All warranties and guarantees shall commence fi.om the date of the certificate of acceptance No interest shall be due the Contractor on any partial or final payment or on the retamage 11 4 PAYMENT WlTItI-IELD In add~taon to express provisions elsewhere contained m this Agreement, the Owner may wathhold from any payment due the Contractor such amount as determined necessary to protect the Owner's interest, or, if it so elects, may withhold or retain all or a portion of any progress payment or refund on account of (a) unsatisfactory progress of the Work not caused by condltmns beyond the Contractor's control, (b) defective work not corrected, (c) Contractor's failure to carry out instructions or orders of the Owner or Ins representative, (d) a reasonable doubt that the Agreement can be completed for the balance then upmd, (e) work or executmn thereof not in accordance w~th the Contract Documents, (f) claim filed by or agmnst the Contractor or reasonable ewdence mdmatmg probable fihng of clmms, (g) failure of the Contractor to make payments to subcontractor or for material or labor or to the Arcbatect/Engmeer, (h) damage to another contractor, (0 unsafe working condmons allowed to persist by the Contractor, 0) fmlure of the Contractor to prowde work schedules as required by the Owner, (k) use of subcontractors without the Owner's approval, or (1) fmlure of the Contractor to keep current as-built record drawings at the job s~te or to turn same over m completed form to the Owner Page 20 When the above grounds are removed, payment shall be made for amounts withheld because of them, and Owner shall never be hable for interest on any delayed or late payment ARTICLE 12 INDEMNITY, INSURANCE AND WAIVER OF SUBROGATION 12 I INDEMNITY CONTRACTOR COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND~ AT ITS OWN EXPENSE, OWNER~ ITS OFFICERS~ SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND Al,I, CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER~ WHETHER REAL OR ASSERTED, ARISING OUT OF THE WORK AND SERVICES TO BE PERFORMED HEREUNDER BY CONTRACTOR, ITS OFFICERS/ AGENTS~ EMPLOYEES~ SUBCONTRACTORS~ LICENSEES OR INVITEES~ THE ARCHITECT/ENGINEER~ WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE OFFICERS~ SERVANTS~ EMPLOYEES, OF THE OWNER. CONTRACTOR LIKEWISE COVENANTS AND AGREES TO, AND DOES I{EREBY~ INDEMNIFY AND HOLD HARMI,ESS OWNER FROM AND AGAINST ANY AND ALL INJURIES~ DAMAGE~ LOSS OR DESTRUCTION TO PROPERTY OF OWNER DURING THE PERFORNIANCE OF ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT~ WHETHER ARISING OUT OF IN WHOLE OR IN PART, ANY AND ALL ALLEGED NEGLIGENT ACTS OR OMISSIONS OF OFFICERS~ OR EMPLOYEES OF OWNER THE PROVISIONS OF THIS SECTION ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS~ CONTRACTUAL OR OTHERWISE~ TO ANY OTHER PERSON OR ENTITY 12 2 INSURANCE REQUIRMENTS The Contractor and Arcintect/Engtneer shall obtain and keep in full fome and effect dunng this Agreement habxhty and professional hab~hty insurance m the form and substance provided in Owner's Insurance Requirements set forth in Attachment B attached hereto and made a part hereof by reference Page 21 ARTICLE 13 SUSPENSION OR TERMINATION OF THE AGREEMENT 13 1 TEMPORARY SUSPENSION BY OVv~NER 13 1,1 The Owner shall have the right by written order to temporarily suspend the Work, in whole or m part, whenever, m the j udgmem of the Owner, such temporary suspension as reqmred (a) in the interest of the Owner generally, (b) due to government or juchcml controls or orders wtuch make performance of thus contract temporarily anposslble or allegal, (c) to coordinate the work of separate Contractors at the job me, (d) to expedxte the completmn of a separate contract even though the completmn of thus particular contract may be thereby delayed, (e) because of weather eond~tmns unsmtable for performance of the work, or (f) because the Contractor is proceechng contrary to contract prowslons or has faded to correct conchtmns considered unsafe for workmen 13 1.2 The written order of the Owner to the Contractor shall state the reasons for suspendmg'the Work and the anticipated periods for such suspension Upon receipt of the Owner's written order, the Contractor shall suspend the Work covered by the order and shall take such means and precautions as may be necessary to properly protect the fimshed and part~ally fimshed Work, the unused materials and umnstalled eqmpment, including the pmmdmg of suitable drmnage about the Work and erection of temporary structures where necessary The Contractor shall not suspend the Work w~thout written order bom the Owner and shall proceed w~th the Work promptly when notified by the Owner to resume operations 13 1.3 No add~taonal compensation shall be prod to the Contractor for such suspensmn under th~s Sectmn or otherwise where same ~s caused by the fault of the Contractor Where such temporary suspension ~s not due to the fault of the Contractor, they shall be entitled to a) an eqmtable extension of working time for the completmn of the Work, not to exceed the delay caused by such temporary suspensmn, as determined by the Owner, and (b) the actual and necessary costs of properly protecting the finished and partaally fimshed Work, unused materials and umnstalled eqmpment during the period of the ordered suspension as determined by the owner as being beyond the contract reqmrements, and (c) where the Contractor elects to move eqmpment from the job site and then return at to the,sxte when the work as ordered resumed, the actual and necessary costs of these moves, m an amount detenmned by the Owner 13 2 TERMINATION FOR CONVENIENCE OF THE OWNER 13.2 1 The performance of the Work under tins Agreement may be terminated by the Owner an whole or m part, in accordance wath th~s Sectmn, whenever the Owner shall determine Page 22 that such termination is in the best interest of the Owner Any such termination shall be effected by serving written notme upon the Contractor The notme oftermlnatmn to the Contractor shall specify the extent to which performance of Work under the Agreement ~s terminated, and the date upon whmh such termination becomes effective It shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated, and no proof ~n any claim, demand or suit shall be reqmred of the Owner regarding such d~scretlonary actmn 13 2 2 After receipt of a not~ce of termlnatmn, and except as otherwme d~rected by the Owner, the Contractor shall (a) stop work under the Agreement on the date and to the extent spemfied m the notice of termination, (b) place no further orders or subcontracts for materials, services or facdmes except as may be necessary for completion of such portion the work under the contract as is not terminated, (c) terminate all subcontracts, purchase orders or options to the extent that they relate to the performance of work terminated by the notice of termmatmn or at the Owner's written request, deliver and assxgn to the Owner, or any person or entity actmg on the Owner's behalf, any or all subcontracts, purchase orders and options made by Contractor in the performance of the Work, and dehver to the Owner true and correct ong~nals and cop~es of such Contract Documents, ] (d) transfer title to the Owner and deliver in the manner, at the t~mes, and to the extent, ~f any, chrected by the Owner (1) the fabncated or unfabncated parts, work ~n process, completed work, supphes and other matenal produced as a part of, or acquired ~n connection with the performance of, the work terminated by the notme of termination, and (2) the completed or part~ally completed plans, drawmgs, mformat~on and other property winch, ~f the contract had been completed, would have been reqmred to be furmshed to the Owner (e) complete performance of such part of the Work as shall not have been terrmnated by the not~ce of termination, and (0 take such action as may be necessary, or as the Engineer may d~rect, for the protection and preservatmn of the property related to ~ts contract winch ~s m the possession of the CONTRACTOR and m winch the OWNER has or may acqmre an ~nterest 13 2.3 At a t~me not later than 30 days after the termination date specified in the notxce of term~natlon, the Contractor may submit to the Owner a llst, certxfied as to the quantxty and quahty, of any or all xtems of termination inventory not prewously disposed of, exclusive of ~tems the disposition of which has been d~rected or authorized by the Owner Not later than 15 days thereafter, the Owner shall accept t~tle to such ~tems and remove them or enter into a storage agreement covenng the same, promded that the hst submitted shall be subject to verification by the Owner upon removal of the ~tems, or, if the items are stored, wltinn 45 days fi.om the date of submission of the hst, and provided that any necessary adjustments to correct the hst as submitted shall be made pnor to final settlement Page 23 13 2 4 W~thln 60 days after not,ce of termmatmn, the Contractor shall submit ~ts termmatmn claim to the Owner ~n the form and w~th the certification prescribed by the Owner Unless one or more extensions m writing are granted by the Owner upon request of the Contractor, made ~n wntmg w~th~n such 60-day period or authorized extension thereof, any and all such clmms shall be conclusively deemed waived 13 2.5 Subject to the provisions of tlus Section 3 2, the Contractor and Owner may agree upon the whole or any part of the amount or amounts to be prod to the Contractor by reason of the total or part~al termmatmn of Work pursuant hereto, provlded that such agreed amount or amounts shall never exceed the total Fixed Price as reduced by the amount of payments otherwise made and as further reduced by the F~xed Pnce of Work not terminated The Agreement shall be amended accordingly, and the Contractor shall be prod the agreed amount No amount shall be due for lost or antm~pated profits Nothmg in ti'ns Section 3 2 prescribing the amount to be prod to the Contractor m the event of fmlure of the Contractor and the Owner to agree upon the whole amount to be prod to the Contractor by reason of the term~natmn of Work pursuant to tins Ssectlon 3 2, shall be deemed to lkmlt, restrict or otherwise determine or affect the amount or amounts which may be agreed upon to be prod to the Contractor pursuant to tlus Section 3 2 13.2 6 In the event of the failure of the Contractor and the Owner to agree, as prowded in Subsection 13 2 5, upon the whole amount to be prod to the Contractor by reason of the tenmnatlon of Work pursuant to th~s Sectmn, the Owner shall deternnne, on the bas~s of information available to ~t, the amount, ~f any, due to the Contractor by reason of the terrmnatmn and shall pay to the Contractor the amounts determined No amount shall be due for lost or anticipated profits 13.2 7 In anawng at the amount due the Contractor under ttus Sectmn, there shall be deducted (a) ail unhqmdated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portmn of th~s Agreement, (b) any clmm which the Owner may have agmnst the Contractor m connection w~th ttus Agreement, and (c) the agreed pnce for or the proceeds of sale of any materials, supphes or other th~ngs kept by the Contractor or sold, pursuant to the prowslons of tlus clause, and not otherwme recovered by or credited to the Owner 13 2.8 If the termmatmn hereunder be partml, prior to the settlement of the terminated portmn of tins Agreement, the Contractor may file w~th the Owner a request ~n writing for an eqmtable adjustment of the price or prices specffied ~n the Agreement relating to the continued portion of the Agreement (the portmn not terminated by the not~ce of termination), and such eqmtable adjustment as may be agreed upon shall be made m such price or prices Nothing contained herein, however, shall hm~t the right of the Owner and the Contractor to agree upon the amount or amounts to be prod to the Contractor for the completmn of the continued portmn of the Agreement when smd Agreement does not contmn an estabhshed fixed price for such continued port,on 13 2 9 Notlung contmned m th~s Section 13 2 shall hmlt or alter the rights, whmh the Owner may have for term~natmn of tkns Agreement under Section 13 3 for Contractor's default or any other right whmh Owner may have for default or breach of Agreement by Contractor Page 24 13 3 CONTRACTOR DEFAULT OWNER'S RIGHT TO SUSPEND WORK AND TERMINATE AGREEMENT 13.3 1 The Work or any portion of the Work under this Agreement shall be suspended lmmedmtely on written order of the Owner declanng the Contractor to be in default A copy of such notice shall be served on the Contractor's surety The Agreement may be terminated by the Owner for any good cause or causes, among others of which special reference is made to the followmg (a) failure of the Contractor to start the Work within 10 days from date specified m the written work order issued by the Owner to beg~n the Work, (b) substantial evidence that the progress of the Work being made by the Contractor is insufficient to complete the Work w~ttun the specified working tune, (c) failure of the Contractor to provide suffiment and proper equipment, materials or construction forces for properly executing the Work, (d) substantial evidence that the Contractor has abandoned the Work or discontinuance of the performance of the Work or any part thereof and failure to resume performance within a reasonable t~ne after notice to do so, (e) substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the Work, (f) dehberate fmlure on the part of the Contractor to observe any requirements of these specfficataons or to comply with any orders g~ven by the Owner as provided for m these spcmficataons, (g) failure of the Contractor to promptly make good any defects in materials or workmanship, or any defects of any nature, the correction of wtuch has been directed in writing by the Owner, (h) substantial evidence of collusmn for the purpose of illegally procunng a contract or perpetrating l~aud on the Owner ~n the construction of Work under contract, 0) repeated and flagrant wolatlons of safe working procedures, or (J) the filing by the Contractor of htlgatmn against the Owner prior to final complet~on of the Work 13.3.2 When the Work is suspended for any of the causes set forth in Subsection 13 2 1, or for any other cause or causes, the Contractor shall discontinue the Work or such part thereof as the Owner shall designate, whereupon the surety may either at its option assume the Agreement or that portion thereof which the Owner has ordered the Contractor to discontinue and p~rform the same or, with the written consent of the Owner, sublet the same, prowded, however, that the surety shall exercise its option wlttun two weeks after the written not~ce to discontinue the Work has been served upon the Contractor and upon the surety or its authorized agents The surety m such event shall assume the Contractor's place in all respects and shall be paid by the Owner for all Work performed by ~t m accordance with the terms of the Agreement, but in no event shall such payments exceed the Fixed Price, regardless of the cost to the surety to complete the Work When performing the Work or subletting same, the Surety shall not use the services of the Contractor or any entity or person affiliated with the Contractor unless the Owner approves such use m advance ~n Wntlng Page 25 13 3 3 All momes remmmng due the Contractor at the tame of its default shall thereupon become due and payable to the surety as the work progresses, subject to all terms of the Agreement In case the surety does not, watinn the heremabove spemfied t~me, exercase its obhgatxon to assume the Agreement or that portmn thereof winch the Owner has ordered the Contractor to dascontmue, then the Owlaer shall have the power to complete by contract or otherwise, as at may detenmne, the work herein, descnbed or such part thereof as at may deem necessary The Contractor agrees that the Owner shall have the nght to take possessmn of or use any or all of the materials, plant, tools, eqmpment, supphes and property of every kind provaded by the Contractor for the purpose of their work and to procure other tools, eqmpment and materials for the completion of the same and to charge to the account of the Contractor the expense of smd contract for labor, materials, tools, eqmpment and expenses ancadent thereto The expense so charged shall be deducted by the Owner out of such momes as may be due or may at any tune thereafter become due the Contractor and by mrtue of the Agreement or any part thereof 13 3.4 The Owner shall not be required to obtmn the lowest bad for the work of completang the Agreement, but the expenses to be deducted shall be the actual cost of such work In case such expense as less than the sum winch would have been payable under the Agreement af the same had been completed by the Contractor, then m such case the Owner may pay the Contractor the d~fference m the cost, provaded that the Contractor shall not be entatled to any clmm for damages or for loss of ant~mpated profits 13.3 5 In case such expense to complete exceeds the amount which would have been payable under the Agreement if the same had been completed by the Contractor, the Contractor and ~ts surety shall pay the amount of the excess to the Owner on notme from the Owner for excess due ancludang any costs ancurred by the Owner, such as mspectmn, legal fees and hqmdated damages When any particular part of the Work as being earned on by the Owner by contract or otherwise under the provamons of ttus Sectaon, the Contractor shall continue the remainder of the Work an conformaty wath the terms of the Agreement and m such manner as not to hander or interfere with the performance of workmen employed as above prowded by the Owner or surety 13 4 SUSPENSION BY COURT ORDER AGAINST THE OWNER The Contractor shall suspend such part or parts of the Work pursuant to a court order assued agmnst the Owner and shall not be entitled to additional compensataon by virtue of such court order, neather shall the Contractor be lmble to the Owner m the event the Work as suspended by such court order, unless such suspensmn ~s due to the fault or neghgence of the Contractor ARTICLE 14 MISCELLANEOUS PROVISIONS 14 1 ASSIGNMENTS The Contractor shall not assign, transfer, convey or otherwise d~spose of tins Agreement, or their right to execute at, or thear right, tatle or interest an ~t or any part thereof wathout thc prevmus written consent of the surety company and the wntten approval of the Owner The Contractor shall not assign, either legally or eqmtably, by power of attorney or otherwase, any of the momes due or to become due under this Agreement, except for the momes due the Page 26 Archltect/Engmeer for design services, or their clam thereto without the prior written consent of the surety company and the written approval of the Owner Nothing in th~s Sectmn is ~ntended to conflict w~th Texas Business and Commerce Code The approval of the Owner of a particular assignment, transfer or conveyance shall not dispense w~th such approval to any further or other assignments The approval by the Owner of any ass~gmnent, transfer or conveyance shall not operate to release the Contractor or surety hereunder from any of the Agreement and bend obligations, and the Contractor shall be and roman fully responsible and liable for the defaults, neghgent acts and omissions of their asmgnees, their agents and employees, as if they were their own 14 2 VENUE AND GOVERNING LAW The parties herein agree that this Agreement shall be performed m Denton County, and if legal actmn is necessary in connectmn therewith, exclusive venue shall lie m Denton County The terms and provisions of the Agreement and the Contract Documents shall be construed in accordance with the laws and court decisions of the State of Texas 14 3 SEVERABILITY The part~al or complete invahd~ty of any one or more provisions of thas Agreement shall not affect the vahd~ty or contmmng force and effect of any other prowsmn 14 4 NO WAIVER OF LEGAL RIGHTS Inspection by the Owner, any order, measurement, quantity or certificate by the Owner, any order by the Owner for payment of money, any payment for or acceptance of any work, or any extension oft~me or any possession taken by the Owner shall not operate as a watver of any provisions of the Agreement or any power thereto reserved to the Owner of any rights or damages therein provided Any waver of any breach of contract shall not be held to be a waver of any other or subsequent breach The Owner reserves the right to correct any error that may be dascovered m any estimate that may have been pad and to adjust the same to meet the requirements of the Contract Documents The Owner reserves the right to recover by process of law sums as may be sufficient to correct any error or make good any deficiency m the Work resulting from such error, dishonesty or collusion by the Contractor or their agents and the Archltect/Engmecr or their assistants, d~scovered in the Work after the final payment has been made Neither final acceptance of the Work nor final payment shall relieve the Contractor of responslbdlty for faulty materials or workmanship, and the Contractor shall promptly remedy any defects due thereto and pay for any damage to other work resulting therefrom L~kew~se, neither final acceptance nor final payment, nor partial or entire use or occupancy of the Work by the Owner shall constitute acceptance of Work not done ~n accordance w~th the Contract Documents or relieve Contractor of liability with respect to any expressed or implied warranties or responslb~hty for faulty materials or workmanstup, whether same be patently or latently defective 14 5 OBLIGATION TO PERFORM FUNCTIONS Any failure or neglect on the part of Owner or mspectors to enforce provisions herein dealing w~th supervision, control, mspectlon, testmg or acceptance and approval of the Work shall never operate to relieve Contractor from full compliance w~th the Contract Documents nor render Owner hable to Contractor for money damages, extensions of t~me or ~ncreased compensation of any kmd Page 27 14,6 SUCCESSORS AND ASSIGNS Subject to the hm~tat~ons upon assignment and transfer hereto contained, th~s Agreement shall be binding upon and mute to the benefit of the parttes hereto, their respecuve successors and assigns 14 7 HEADINGS The title and headings contained m the contract documents and the subject orgamzanon are used only to faclhtate reference, and m no way define or hmlt the scope of intent of any of the provisions of th~s contract ARTICLE 15 EXISTING CONTRACT DOCUMENTS The Contract Documents ~n existence at the time of execution ofth~s Agreement are as follows Agreement for Design Bmld Servmes Attachment A- Contractor's Proposal Attachment B - Insurance Reqmrements for Contractors Drawang - "N T S" Th~s Agreement is entered into as of the date set forth above CITY OF DENTON, TEXAS MICHAEL A CONDUFF, CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAI~ORM HERB ERT.,I~R?O UT Y, ~TY ATTORNEY WAYNI~ ALLEN CONSTRUCTION ATTEST BY bt ~~ WAYNE .3tLLEN, PRESIDENT Page 28 WAYNE ALLEN February 6, 2002 Ms Christy Sk~rchak C~ty of Denton Purchasing Dept 901-B Texas St 1103 N FLM Denton TX 76201 DENTON TX 76201 (940) 5~,6 ~8~9 (940) 891 1082 FAX Dear Christy wacc@sprynet corn EMAIL RE AIR TFUS. FFIC CONTROL TOWER We are pleased to offer our proposal as follows CITY All permits, ~mpact fees, job use ubht~es, taps and fees, trash container and haul off are to be pa~d by the C~ty of Denton In add,boa the Qty will prowde engmeenng services, plan reproduction servmes, and sdt fence and bamcades GENERAL CONDITIONS JOB SITE OFFICE/STORAGE A job site office/storage facility will not be ~ncluded Instead, we wdl use the ex~sbng building for job conferences, etc JOB SITE SIGN Job s~te sign for idenbfy~ng the project and General Contractor has been included PORTABLE TOILET A portable todet for use by all crafts dunng proJect construction ~s included SKID STEER LOADER A skid steer loader w~th fork, sweeper and loader bucket has been ~ncluded with an allowance of $2,500 Attachment A - Page 1 CLEANUP Labor to keep job clean during construction plus final cleanup at the end of the job is ~ncluded PROJECT SUPERINTENDENT A full bme, on~s~te supenntendent/project manager w~ll assure quahty workmanship, maintain efficiency and coordlnabon, effect quahty control of materials placed ~n adherence to plans and speclflcabons, and to ensure obedience by all crafts to safety rules Our supenntendents are knowledgeable of OSHA requirements and gu~dehnes and see to ~t that these safety regulations are followed at all times The supenntendent's presence on s~te dunng construcbon ~s necessary to maintain a safe working enwronment for all He w~ll conduct safety classes on s~te, per OSHA requirements BUI~.DER'$ RISK INSURANCE An "all risk" buIlder's risk ~nsurance pohcy shall be maintained throughout construction (See our cert~flcete of ~nsurance for other coverages ) CONSTRUCTION EXCAVATION An allowance of $1,000 is ~ncluded for excavabon under building pad only CONCRETE TILT WALLS Concrete blt walls shall be 9-1/2" thick (12' x 42' panels) w~th exposed aggregate finish, re~nforced with ¢1k5 rebar at 12" on center each way Imbed welding as required ~s ~ncluded CONCRETE FOUNDATION. FLOOR & MlSC · 9 p~ers - 36" x 30' (10' into rock) with 12 p~eces #10 rebar in ~ spiral - 12" p~tch w~th spacer sleds on sides and boot spacers at bottom · Continuous Beam 24" x 24" continuous beam shall connect all perimeter pIers and ~ntenor p~er It shall be poured monohthlc, formed on both s~des, with 8" void boxes underneath except at p~ers, retainers included to prevent so~ls entering as void boxes deteriorate Beams to be re~nforced w~th 8 p~eces of #8 rebar w~th ~4 stirrups at 10" on center · T~lt Wall Erection Walls are to be erected on beam and braced off w~th appropriate imbeds welded together · Floor Floor to have perimeter beam and ~nter~or beam to rest d~rectly on t~e beam Floor to be 8" thick w~th two mats of #5 rebar, 12" on center each way Void boxes to be under floor and on top of earth below (Slab to be ~solated from earth movement ) · Intermediate Floor 3" concrete w~th F~bermesh poured ~n a structural pan Attachment A - Page 2 · Cab Floor 7" concrete under ~ntenor of cab, dropping to 5-1/2" just outside the cab, and sloping to 3" at the outside edge Concrete to contain F~bermesh · Stair Pans Stair pans to receive 2" concrete · Landln,qs Landings to receive 3" concrete STRUCTURAL STEEL Included are 1 Steel framing at roof 2 Steel framing at Level 25 3 Steel tube framing at cab 4 Continuous deck support angle at roof 5 Continuous pour stop angle at floors 6 Roof opening framing support angle at RTU and roof hatch 7 Galvanized guardrafls at roof 8 Steel stairs and handrails 9 Beam to concrete panel embeds 10 Panel to panel embeds 11 Panel to p~er embeds 12 Shop and erection drawings 13 One coat of standard red oxide primer on all steel except galvanized 14 Erection 20 0 tons - structural/m~scellaneous steel 8 4 squares - metal roof deck (1 5B-22Gage-G90) 17 0 squares - metal floor deck (1 5 VL1-20Gage-G90) Backer rod and Urethane caulking to seal all blt wall joints Access hatch w~th aluminum, extendable ladder shall be installed ~n the roof for pull- down use from the cab floor Clear-finish aluminum, Iow-E, tempered, ~nsulated glass ROOF & WALK COVER Price ~ncludes roof insulation, EPDM roofing on roof and cab s~dewalk, ~nstalled by a certified, commercial roofing company Exterior Framma & Sheathm~ Included are all heavy-gauge metal stud framing and exterior Hard~-board for exterior soffit, s~ll wall at per~meter of tower and framing and sheathing between exterior glass and roof Attachment A - Page 3 Inte~or Fram~n,q & Drywall A Exterior walls to be framed w~th 3-1/2" studs, 24" on center from first floor to bottom of 3"~ floor, w~th 5/8" tire-code drywall on one s~de to full height, 3-1/2" fiberglass ~nsulatlon B Intenor drywall Includes all metal stud framing and drywall per plans and specifications for tire-rated stairwells, fire-rated drywall, ce~hng assemblies at decks, fire-rated walls, ~ntenor parbbons, Iow walls, fire-rated shaft walls, fire caulking, fur-down hght coves, and all drywall metal trim Aco~sbcal Ce~hngs & Insulation Included ara all suspended, acoustical ce~hngs per plans and specifications w~th 6", un-faced, R-19 ~nsulat~on above 3rd floor ce~hng Wood Blockm¢~ All interior and exterior wood blocking is included Doors, Frames, & Hardware Included are all doors, frames, and hardware per plans and speclflcabons, ~ncludmg door unit at Tower Level (approximately 3' x 3') PAINTING · Tape, bed, texture and paint all drywall walls and ce~hngs · Paint screen wall on roof · F~n~sh cabinets · Paint hollow metal CABINETS Fabricate and ~nstall cabinets for a~r traffic control area and breakroom SCAFFOLDING Erect scaffolding according to OSHA standards around tower for all crafts~ use SUN SHADES FAA-specified 2470B a~r traffic control tower shades for 8 w~ndows, 11'7", 5 m~l SR one s~de, 72" wide FLOOR COVERING Level 0 - VCT in equipment room, rubber cove base Level 25 - VCT m restroom, rubber cove base Navigator, 28 oz, nylon, rubber cove base Level 40 - Navigator, 28 oz, nylon, rubber cove base Entry, landings, stairs - Concrete flmsh only w~th rubber cove base ME(~HANICAL Prowde the following work to serve the air traffic control tower per AJT drawtng dated January 15, 2002 w~th all work in accordance wtth the C~ty of Denton Mechamcal Code Attachment A - Page 4 Equipment to be prowded Cab area 1 - Carrier 50HJQ008-5 h~gh-effic~ency package electrm heat pump/coohng umt (7 5 tons) and 24-kW electric emergency heat strip, w~th 0-25% manual OA ~ntake, 2" pleated filters, h~gh/Iow pressure sw~tches, and factory standard 5-year compressor warranty Level 25 1 - Carrier 52CQ515-3 package terminal heat pump a~r conditioner (1 25 tons) to serve the office area 1 - Carrier 38CKC036-3 condenser (3 tons) 1 - Carrier FB4ANF036 a~r handler with 7 5-kW electnc heat to serve the communications area 1 - Q Mark AWH-4408MG electric wall heater (4000 watt) to serve the break room area 1 - Q Mark CRA1512T2 electnc wall heater (1500 watt) to serve the restroom Level 0 1 - Q Mark AWH-4408MG electnc wall heater (4000 waft) to serve the entrance area 1 - Greenheck SBC$ s~dewall supply fan w~th an aluminum louver and motonzed damper PLUMBING In full accordance with local and State plumbing codes, furnishing the following fixtures, w~th associated plp~ng and labor to install 1 - Kohler K3544 "power flush", ADA, hand~cap-hemght, white, elongated, water closet with open-front seat, no cover 1 - Kohler K2032 white, wall-hung lavatory w~th factory hanger support, Delta 520-MPU chrome, s~ngle-lever (ADA) trim, offset dram, and insulabng covers on trap and supphes 1 - Dayton DP2-11515-C stainless, 15" x 15" x 5-1/8" smnks with Delta 27T3844 trim, gnd strainer and offset trap 1 - 1 O-gallon Rheem electric water heater w~th T&P drain pan and drain 2 - chrome-plated Woodford "freezeless" wall hydrants with vacuum breakers 1 - Smith 2205 2" floor dramn w~th trap primer Service 30' - sewer and water (3" sewer and %" water) to ex~stmg services Scope of electrical work to include Service 50' of underground secondary condu~t and w~re from the new C~ty of Denton pad-mount transformer Service to be CT metered at transformer Service ~s 225- amp, 3-phase, 208-volt Attachment A - Page 5 Furnish and ~nstall 5 - A fixtures 3 - K fixtures 1 - B fixture 3 - EX fixtures 4- C fixtures 10 -s~ngle-pole sw~tches 3 - D fixtures 4 - 3-pole sw~tches 1 - E fixture 1 - photocell 6 - F fixtures 23 - duplex outlets 5 - G fixtures 6 - GFCI outlets 3 - H fixtures 1 - I~ghtenlng protection system as specified on plans 3 - J fixtures Connect the follow,n(3 e(~ulDment 1 - 6-ton, 3-phase outlet (RTU), 70-amp, 3-phase c~rcu~t 2 - 30-amp, 208-volt, 1-phase NC outlet 3 - 30-amp, 208-volt, 1-phase unit heater outlet 4 - 120-amp, 208-volt, 1-phase exhaust fan outlets 1 - 30-amp, 208-volt, 1-phase electnc water heater outlet Phone and Data WInna 50' - 2" PVC underground phone condu~t included ~n base bid (no s~te plans available for specific location) 5 - %" phone stub-ups (rough-in conduit only) FIRE EXTINGUISHERS 3 - fire exbngu~shers w~th sem~-concealed cabinets COMMUNICATIONS & AJT EQUIPMENT See ~temlzed breakdown DESIGN SCOPE All architectural and engineering services for permitting and construcbon are ~ncluded Design phases and percentages are as follows Preliminary Evaluabon 10% Concept Documents 15% Design Development Documents 55% Construction Documents 12% Submittals 8% UNDERGROUND HAZARDS S~nce sub-surface cond~bons are not known, th~s proposal is subJect to add~bonal charges of cost plus 10% that may result from encountering sub-surface water, rock, underground ut~hbes, etc, that are not now ws~ble FOR THE SUM OF .... $933,988 00 Attachment A - Page 6 ADDITIONAL ITEMS Other items added during 2/1/2002 negotlabons meeting 1 Add 535 1 f of 6" fire ma~n, one fire hydrant (to be located per fire marshal), one wet fire suppression system covenng entire budding, and one fire momtonng system- Add $36,796 00 2 Add one additional ~ntermed~ate floor, includ~ng structural framing, concrete floor, 2 - 8' fluorescent hghts w~th switch, 1 - 10-kW heater, fire suppression No tire-rated ceding ~s included-Add $19,141 00 To add elevator stop at additional intermed~ate floor-Add $8,000 00 3 L~ghbng control panel to operate runway hghts, beacon, etc from tower cab - Add $17,496 00 BASE COST ..... $933,988 00 ADDITIONAL ITEMS .... $ 81,433 00 TOTAL ADJUSTED COST $1,015,421 00 We appreciate the opportunity to present our proposal and look forward to working with you on your project Sincerely, Attachment A - Page 7 DENTON ATCT Final eneral Conditions Permit, ~mpact job use ut~ht~es - all taps, fees, trash container & haul off by C~ty by Owner Testing lab (materials) by Owner Reproduction costs by Owner by Owner F~eld office/storage $ 500 00 Fmld telephone Job site sign $ 500 00 Sdt fencing & bamcades (allowance, up to) by Owner Portable todets $ 700 00 Skid steer loader w~th attachments (allowance, up to) $ 2,500 00 Periodic cleanup $ 4 000 00 $ 2,5OO O0 Final cleanup Project supenntendent $ 50 000 O0 Insurance $ 1,600 O0 Bonding $ 16,215 O0 Sub.total - General Cond,tions $ 78,515 00 Construction Excavation (allowance, upto) $ 1,000 00 T~lt walls, casting beds $ 28,000 00 Tdt wall erecbon $ 6,000 00 P~ers, slab, stmr treads, 2nd floor, cab floor $ 43,000 00 Erecbon (struct steel, cab & floors) $ 46,000 00 Elevator & related work $ 79 918 00 Drywall, DFH, acoustic, soffit, fascia $ 36,600 00 $ 1,250 00 Sealants (tdt joints) Paint $ 8,400 00 Cabinets, plastic lam work $ 14 835 00 Hatches, roof CUrbs $ 2,975 00 Struct steel, m~sc steel $ 58,840 00 Glass & glazmg $ 27,350 00 Scaffolding $ 3,613 00 EPDM roof & tower outside deck film $ 6,500 00 Sun shades $ 7,072 O0 $ 3 737 00 Floor covering $ 15,250 00 Mechamcal $ 8 300 O0 Plumbing $ 42 122 O0 Eiectncal $ F~re mare & hydrants $ F~re suppression Fire exbngu~shers & cabinets $ 450 00 F~re monitor & alarms $ Sub-total · Construction $ 441,212 00 2 - VHF Local Receiver - Motorola CM200VR 2 - VHF Local Transmitter - Motorola CM200VT 3 - Headsets - Plantronics H31 C/D/SHS-1890-10 3 - M~crophones - Shure 104C w/10' colled-cord/2-prong/6-wlre plug 2 - Radio Fdters- Motorola 1 - Tunable Transceiver- icom iC-A200B Base Station for backup ATTACHMENT A Page 8 3 - Antennas - Taco VHF D4076 1 - D~g~tal Votce Recorder - Racal M~rra II 8-channel DVD, 10 DVD's, DVD cleaner, Racal and Investigator software and alarm monitoring system 1 - Master Clock and T~me Code Generator - ESE ES-101 master clocldt~me code generator GPS 2 - Slave Clock D~splay - ESE 166U 1" d~splay 1 - Additional Cable - additional antenna and clock cable 1 - Equipment Computer - Compaq Pent,urn 4 workstation or equivalent 1 - RG-213 Cable - CA11001 adapter cable 1 - Altimeter - DME Sensor Translator Master Umt (DASl System) 1 - Albmeter D~splay - DME d~gltal d~splay 2- Domore - HlghBack Type ATC (3312) 1 - L~ght Gun and Charger - Honeywell Aerospace or equivalent 2 - Stnp Bays - AJT custom (hold 10) 2 -Stnp Holders - FAA Type 4 (20) 1 - Traffic Counter - Denominator (6) Pos~t~on 4 - Telephones - AT&T or equivalent 1 - M~sc Hardware - mounting hardware, racks, desk, 2-drawer flhng cabnet, m~sc binoculars 2 - 7x50 Bushr~ell B~noculars 1 - Intercom and Monitor- A~phone KC-IGRD & KC-DAR, one base and one door station 1 - M~sc Cable for A~phone 1 - Cypher Lock and Latch - mechanmal (10) key Cypher lock 2 - L~ttl~te console hghts 1 - Battery Backup System - Trace DR2424 power ~nverter and (2) battenes or equivalent 1 - Equipment Setup - AJT setup, testing, budding coord~nabon electrical coordination, and cerbflcat~on 1 - Install - AJT surveys and on-s~te install and ws~t 1 - Prep Cost - m~sc drawings and eng~neenng 1 - Travel, A~r and Hotel - s~te survey, on-s~te ~nstailat~on, cerbflcat~on, setup, hotel, car, per diem, travel 1 - Admm - project management Sub-Total AJT Equipment $ 143,270 00 Sub-Total Cest $ 662,997 00 Contractor'slOverhead & Profit - 20% $ 132,600 00 Sub-total Construction Cost $ 795,597 00 Desi¢ln AJT Engineering & Demgn $ 54,326 00 Isbell Engineering $ 6,601 00 Sub.Total Engineering & Design Fees $ 60,927 00 AJT ConstructIon Support $ 77,464 00 Sub-Total Cost $ 933,988 00 ATTACHMENT A Page 9 1 Add 6" fire ma~n, fire hydrant, fire suppression & momtonng sys $ 36,796 00 2 Add one addit~onal tntermed~ate floor $ 19,141 00 Add elevator stop at additional ~ntermed~ate floor $ 8,000 00 3 Add hghtmg control panel $ 17,496 00 Total Add~tmnal Items $ 81,433 00 Total Cost w~th Add~tmnal Items $1,015,421 00 ATTACHMENT A Page 10 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine tn advance of Bid submission the avallablhty of insurance certificates and endorsements as prescribed and provided hereto If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract STANDARD PROVISIONS Without hmlt~ng any of the other obhgations or habd~ties of the Contractor, the Contractor shall prowde and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated heremaJter As soon as practicable atter notification of bid award, Contractor shall file with the Purchasing Department satisfactory certfficates of insurance, containing the bid number and tffie of the project Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any t~me, however, Contractors are strongly adwsed to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the b~d Contractor shall not commence any work or deliver any material tmtll he or she receives notification that the contract has been accepted, approved, and s~gned by the C~ty of Denton Ali insurance pohc~es proposed or obtained in satisfaction ct these reqmrements shall comply w~th the following general specifications, and shall be maintained m compliance with these general specifications throughout the duration of the Contract, or longer, If so noted Each policy shall be issued by a company authorized to do business in the State of Texas with an A M Best Company rating of at least A Any deductibles or selfqnsured retentions shall be declared in the bid proposal If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, clmm admimstrat~on and defense expenses Liability pohmes shall be endorsed to prowde the following · . Name as additional insured the C~ty of Denton, its Officials, Agents, Employees and volunteers .o That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought The inclusion of more than one insured shall not operate to increase the insurer's limit of habdlty All policies shall be endorsed to read ATTACHMENT B 1 "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED" Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing £or claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence hrmts or obtain Owners and Contractors Protective Liability Insurance Should any required Insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS All insurance pohcles proposed or obtained in satisfaction of this Contract shall addgionally comply wath the following marked specifications, and shall be maintained in comphance with these additional specifications throughout the duration of the Contract, or longer, if so noted [X] A General Liability Insurance General Llainhw insurance w~th combined single limits of not less than $1~000,000 shall bc provided and maintained by the Contractor The pohcy shall be written on an occurrence basis e~ther m a single pohcy or m a combination of underlying and umhrella or excess policies If the Commerexal General LlabfllW form (ISO Form CG 0001 current edition) ~s used Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual habfllty covering this contract and broad form properW damage coverage · Coverage B shall include personal injury · Coverage C, medical payments, is not required If the Comprehensive General Lmbfllty form (ISO Form GL 0002 Current Edmon and ISO Form GL 0404) is used, it shall include at least Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures ATTACHMENT B 2 Broad form contractual liability (preferably by endorsement) covering this contract, personal injury habthty and broad form property damage habthty [X] Automobile Liability Insurance Contractor shall prowde Commerctal Automobile Llabthty insurance wtth Combined Single Limits (CSL) of not less than $500,000 either m a single policy or in a combtnatlon of basra and umbrella or excess pohcles The pohcy wall include bodily tnjury and property damage habthty arising out of the operation, maintenance and use of all automobiles and mobile eqmpment used in conjunction w~th th~s contract Sat~sfactton of the above requirement shall be tn the form of a policy endorsement for any auto, or all owned, h~red and non-owned autos [X] Workers Compensation Insurance Contractor shall purchase and mamtmn Workers Compensation insurance which, ~n addttton to meeting the minimum statutory reqmrements for issuance of such xnsurance, has Employer's Ltabflaty hm~ts of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 pohcy hnnt for occupational dtsease The City need not be named as an "Add~ttonal Insured" but the insurer shall agree to waive all rights of subrogation agmnst the C~ty, its offimals, agents, employees and volunteers for any work performed for the Ctty by the Named Insured For bml&ng or construction projects, the Contractor shall comply w~th the prowstons of Attachment 1 ~n accordance w~th §406096 of the Texas Labor Code and role 28TAC 110 110 of the Texas Worker's Compensatton Comm~sston (TWCC) [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times dunng the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury whmh may arise m the prosecution of the work or Contractor's operations under this contract Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's habfltty insurance Policy hmlts will be at least combined bodily injury and property damage per occurrence with a aggregate [ ] Fire Damage Legal Ltabdlty Insurance Coverage is required ff Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a C~ty building Limits of not less than each occurrence are reqmred IX ] Professional Llablhty Insurance Professional liability insurance with limits not less than $1,000,000 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement A Best Rating ATTACHMENT B 3 [ X] Builders' Pask Insurance 13u~lders' R~sk Insurance, on an All-R~sk form for 100% of the completed value shall be prowded Such pohcy shall include as "Named Insured" thc Ctty of Denton and all subcontractors as their interests may appear Additional Insurance Other insurance may be required on an md~wdual bas~s for extra hazardous contracts and specific serv~oe agreements if such additional insurance ~s required for a specific contract, that rcqmrcment w~ll be described m the "Specific Conditions" of thc contract specdicat~ons ATTACHMENT B 4 ATTACHMENT 1 IX] Worker's Compensation Coverage for Braiding or Construction Projects for Governmental Entities A Defimtlons Certificate of coverage ("certfficate")-A copy of a certificate of insurance, a cerhficate of authority to self-insure ~ssued by the comm~ssmn, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entlty's employees prowdmg serwces on a project, for the duration of the project Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons providing serwces on the project ("subcontractor" m §406 096) - ~ncludes all persons or entrees performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted d~rectly with the contractor and regardless of whether that person has employees This includes, w~thout hm~tat~on, mdependent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project "Sennces" include, without limitation, provldmg, hauhng, or dehvermg equipment or materials, or providing labor, transportation, or other service related to a project "Semces" does not include act~wtles unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets B The contractor shall provide coverage, based on proper reporting of classlficatmn codes and payroll amounts and filing of any overage agreements, which meets the statutory reqmrements of Texas Labor Code, Section 401 011(4,*) for all employees of the Contractor prowdmg services on the project, for the duration of the project C The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract D If the coverage period shown on the contractors current certificate of coverage ends durmg the duratmn of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended E The contractor shall obtain from each person prowdmg serwces on a project, and prowde to the governmental entity (I) a certaficate of coverage, prior to that person beg~nmng work on the project, so the governmental entity will have on file certfficates of coverage showmg coverage for all persons providing servmes on the project, and (2) no later than seven days after receipt by the contractor, a new cemficate of coverage showing extension of coverage, ff the coverage period shown on the current certfficate of coverage ends dunng the duration of the project ATTACHMENT B 5 F The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter G The contractor shall notify the governmental entaty m wrmng by certified marl or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project H The contractor shall post on each project site a notice, an the text, form and manner prescribed by the Texas Workers' Compensation Commlsslon, informing all persons providing services on the project that they am reqmred to be covered, and stating how a person may verify coverage and report lack of coverage I The contractor shall contractually require each person wath whom it contracts to provide services on a project, to (1) promde coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011(44) for all of its employees providing services on the project, for the duration of the project, (2) provide to the contractor, prior to that person beganmng work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person promdlng services on the project, for the duration of the project, (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certfficate of coverage ends dunng the duration of the project, (4) obtmn from each other person with whom it contracts, and provide to the contractor (a) a certificate of coverage, prior to the other person beglnmng work on the project, and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (5) retain all reqmred certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity in writing by certified mall or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project, and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services By signing this contract or provldlng or causing to be provided a certificate of coverage, the contractor as representing to the governmental entity that all employees of the contractor who will provide services on the project wall be covered by workers' compensation coverage for the ATTACHMENT B 6 duration of the project, that the coverage wall be based on proper reporting of class~ficatmn codes and payroll amounts, and that all coverage agreements will be filed w~th the appropriate ~nsurance carrier or, ~n the ease of a self-~nsured, with the commission% D~ws~on of Self- Insurance Regulation Prowdmg false or m~slead~ng ~nformat~on may subject the contractor to admlmstrat~ve penalties, criminal penalties, mwl penalties, or other mwl actmns K The contractor's fmlure to comply w~th any of these provts~ons ~s a breach of contract by the contractor whmh entitles the governmental entity to declare the contract votd ~f the contractor does not remedy the breach w~th~n ten days after receipt of not~ce of breach from the governmental entity ATTACHMENT B 7 illl lib Al I ^j, & ^ssoc,ates _+.~L. A! T Functional Layout for Design ...,~ Controller Eye Denton, TX ATCT --H~,ght-45' Facility Features · Eight Sided Cab (Floor 40' AGL) Jun~aon Level ..... · Shaft size will be 24' on all sides Break Console / Rest Room, · Elevator will be requir~ to Equip Room, Level 25 w/L~ to Cab ~ng~s ~=e, · Floor Below Cab · Break Area · ADA Restroom · Equipment room - - · Manager's Office · Only 1 Finished Floor Below Cab, Junction Level ~nflnl~hod & ~o Floor .~o Back-up G,n~rator · Sow, r. Water, & ~ower So. Ice Connecbons Entry / Mechamcal Room · -+ L~-O Foundation - Drilled Pmrs Drawinll N.T.$. AGENDA INFORMATION SHEET AGENDA DATE' February 19, 2002 Questions concerning th~s acquisition may be d~rccted DEPARTMENT: Materials Management to J~m Coulter 349-7194 ACM. Kathy DuBose, Fiscal and Municipal Scrvtces~~:~ SUBJECT An Ordinance authorizing competitive b~ds and awarding a public works contract for the construction of site work, foundatxon, ground grid, conduit system and fencing for the Industrial Substation, provxdmg for the expenchture of funds therefore, and prov~dlng an effective date (Bid 2795- Industrial Substation Site Work, awarded to Can-Fer Construction Company, ~n the amount of $259,900) BID INFORMATION Th~s bid is for the construction of the Industrial Substation located just east of the Spencer Water Treatment Plant When completed, the Industrial Substation will replace a portion of the ageing distribution bus that is in the Spencer Generating Plant and provide backup support to the Arco, Pockrus, Teasley and Locust substatxons The combined capacity of the Industrial and new Woodrow substation will replace the Spencer distribution system Th~s b~d is for completing site grading and compaction, foundation construction, ~nstallat~on of the station ground grid, ~nstallatlon of control and distribution feeder condmts, construction of the station fence, and installation of gravel for the fimshed station surface Denton Municipal Electric (DME) must complete and have four new in service stations by December 2002 Contracting of the above mentioned work will be necessary to meet the schedule The specification reqtures that the construction be completed by June 1, 2002 Denton Municipal Electric will complete the station steel construction and relay installation w~th in-house labor PRIOR ACTION OR APPROVAL The Pubhc Utility Board considered th~s acqmslt~on and unanimously recommended approval on February 4, 2002 RECOMMENDATION We recommend this b~d be awarded to the lowest responsible bidder Can-Fer Construction Company in the amount of $259,900 Agenda haformatlon Sheet February 19, 2002 Page 2 PRINCIPAL PLACE OF BUSINESS' Can-Fer Construction Co Dallas, TX ESTIMATED SCHEDULE OF PROJECT: Construction ~s quoted to be complete on or before June 1, 2002 FISCAL ,INFORMATION. Funding for th~s electric d~stnbut~on system ~mprovement ~s avmlable from revenue bonds Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet ORDINANCE NO AN ORDINANCE AUTHORIZING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF SITE WORK, FOUNDATION, GROUND GRID, CONDUIT SYSTEM AND FENCING FOR THE INUDUSTRIAL SUBSTATION, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2795- INDUSTRIAL SUBSTATION SITE WORK, AWARDED TO CAN-FER CONSTRUCTION COMPANY, IN THE AMOUNT OF $259,900) WHEREAS, the City has solicited, received and tabulated competitive bids for the construction ofpubhc 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 m the bid mwtatlon, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the construction ofpubhc 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 bad number assigned hereto, are hereby accepted and approved as being the lowest responsible bads BID NUMBER CONTRACTOR AMOUNT 2795 Can-Fer Construction Company $259,900 SECTION II That 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 ~mprovements herein accepted and approved, until such person shall comply with all requirements specified m the Notice to Bidders including the timely execution of a written contract and furmslung of performance and payment bonds, and insurance certificate after notfficatlon of the award of the bad SECTION III That the City Manager is hereby authorized to execute all necessary written contracts, for the performance of the constructaon 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 B~dders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the pubhc works and improvements as authorized hereto, the C~ty Council hereby authorizes the expendaure of funds m the manner and in the amount as specified ~n such approved Nds and authorized contracts executed pursuant thereto SECTION V That tNs ordinance shall become effective lmmed,ately upon ~ts passage and approval PASSED AND APPROVED this the day of ,2002 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PRO~TY, CIT~TTORNEY BID 2795 -Industrial S~bs~'"~- Contractual Ord AGENDA INFORMATION SHEET AGENDA, DATE: February 19, 2002 Questmns concerumg tins acqmmtmn may be d~rected DEPARTMENT: Materials Management to Ed Hodney 349- 8271 ACM Kathy DuBose, Fiscal and Mummpal Servmes~ SUBJECT An Ordinance of the C~ty of Denton authorizing the C~ty Manager or Ins designee to execute a purchase order w~th the Houston-Galveston Area Counml of Governments (H-GAC) for the acquisition of three ndmg mowers by way of an Interlocal Agreement w~th the C~ty of Denton, authonmng the expenditure of funds therefore, and provid~ng an effective date (Interlocal Agreement - Purchase Order 103110 to H-GAC m the amount of $47,730 91) INTERI,0CAL AGREEMENT INFORMATION This purchase order to the Houston Galveston Council of Governments (H-GAC) is for the acqms~t~on of three ndmg mowers designed for park mmntenance and ngin-of-way maintenance These umts are Motor Pool Replacements for s~m~lar eqmpment no longer economical to mmntam The mowers have a 6' cutting w~dth and a hydrauhc deck hft to clear curbs, headstones, spnnkler heads and other obstacles H-GAC has an annual contract for these mowers m place through May 2002 The volume discount afforded to H-GAC is a lower price than would be offered to the C~ty of Denton ffpurchased m smaller quant~tms PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISIONS) The City Counml approved an Interlocal Agreement w~th H-GAC on June 6, 1995, (Ordinance 95-107), authonzmg the C~ty of Denton partm~pat~on in contracts for supphes awarded by H- GAC RECOMMENDATION We recommend Purchase Order 103110 to H-GAC be approved for the purchase of three large mowers m the amount of $47,730 91 PRINCIPAL PLACE OF BUSINESS Houston-Galveston Council of Governments (H-GAC) Houston, TX Contract Suppher Professional Turf Products DFW Airport, TX Agenda Information Sheet February 20, 2001 Page 2 ESTIMATED SCHEDULE OF PROJECT' Dehvery of the mowers ~s estimated to be 45 days after receipt of an order or approximately April 15, 2002 FISCAL INFORMATION Funds for this acqmsltmn w111 come from Motor Pool Replacement account (810001 8535) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 103110 to H-GAC Attachment 2 H-GAC contract pricing from Professional Turf Products ATTACHMENT 2 '~ CUSTOMIZ, BD PRODUCT PRICIlqO SUMMARY BA$1~D ON CONTRACT B Publh~d Options (IM~ e~h it~ below) ,3962~, Oro~d~,,, 328-D ,,,, $000 00 ,, 30722 ,72. Side Dis~,,, le Do~k, ~el~tioa), ~716 " 7~" Rec~ Dc~ (Addi~n) $51975 ' ~I 1 ~64 ~ Post ~S {~on} $(295 00} , A-10i51 , '4 Post ROPS w/C~o~ (Addig~a) $879 00 2~5780 ~ W~t K~t $ - $ $ ~bl~ed Opt~ Su~oMI $~4,2~,7S C' Unpublished O~tm~ (I~ oob i~ belo~) 30~72 D~e Susp~,,'~~ $534 00 3~7~ Sgm ~a~r ~tt , ,, $90,00 I ,,,S UwUbhs~d O~iong 'Submni E T~t Comra~Prloe' ~ X n~b~ of units) 0 Uni{O F, H,OAC ~dmt~s~it~ F~ (~m Fee Schedule) $ 778.66 G ~tat Daso Pd~ ~us~nt (B X Di~unt amour0 $0 00 H Ot~r a~us~ (e~mple B~d Wm~os, ~rad~lns, ) Ex~atlon' 3 year eomp~hensive ~rmnty (C329) $819.00 X T~AL P~ASB P~CE INCLUD~O H-OAC FBB ~ + F - O '/- H) Phone ~, (~) 453-0190 I ~x this ~rm with ~py o~ o~l{~l purehnsa order ~ ~n Wffiismson 2 ~on~et Kip ~dl.{~n and inform him that pu~ase oeder has bnmn i~und to TOTRL P 82 ATTACHMENT 1 ORDINANCE NO _ AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITIl THE HOUSTON- GALVESTON AREA COUNCIL OF GOVERNMENTS (H-GAC) FOR TIlE ACQUISITION OF THREE RIDING MOWERS BY WAY OF AN INTERLOCAL AGREEMENT WlTII THE CITY OF DENTON, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (INTERLOCAL AGREEMENT - PURCHASE ORDER 103110 TO Il-GAC IN THE AMOUNT OF $47,'730 91) WIIEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Council Area of Government (H-GAC) has solicited, received, and tabulated competitive bids for the purchase of necessary materials, eqmpment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the here~n described materials, eqmpment, supplies, or services can be purchased by the City through the Houston-Galveston Area Council of Government (Il-GAC) programs at less cost than the City would expend if Nddmg these items individually, and WHEREAS, the City Council has provided m the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted hereto, NOW, THEREFORE, THE COUNCIL OF TIlE CITY OF DENTON HEREBY ORDAINS SECTION I That the nmmbered ~tems m the following numbered purchase order for materials, eqmpment, supplies, or services, shown in the "Purchase Orders" referenced hereto and on file in office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible b~ds for such items PURCHASE ORDER VENDOR AMOUNT 103110 H-GAC $47,730 91 SECTION II That by the acceptance and approval of the above numbered items set forth m the referenced purchase orders, the City accepts the offer of the persons submitting the bids to the Il-GAC for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantmes and for the specified sums contained ~n the bid documents and related documents filed with the H-GAC, and the purchase orders msued by the City SECTION III That should the City and persons submntlng approved and accepted items set forth in the referenced purchase orders w~sh to enter into a formal written agreement as a result of the City's ratification of b~ds awarded by the II-GAC, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is m accordance with the terms, conditions, specifications and standards contained ~n the Proposal submitted to tho H-GAC, quantmes and specified sums contained in the City's purchase orders, and related documents herein approved and accepted SECT[ON 1V That by the acceptance and approval of the above numbered ~tems set forth ~n the referenced purchase orders, the C~ty Council hereby authorizes the expenditure of funds therefor m the mount and m accordance w~th the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized here~n SECTION V That th~s ordinance shall become effective ~mmed~ately upon tts passage and approval PASSED AND APPROVED this day of ,2002 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L.~../OUTY, C~ATTORNEY - 103110-HGAC INTERLO A~J~OO?ERATIVE PURCHASING ORDINANCE (2 02) AGENDA INFORMATION SHEET AGENDA DATE: February 19, 2002 Questions concerning this acqmsltlon may be threeted DEPARTMENT: Materials Management to Jim Coulter 349-7194 ACM. Kathy DuBose, Fascal and Munlcapal Servlces~ SUBJECT An Ordanance of the City Council of the Caty of Denton, Texas approving payment for the repmr of the lmgataon system in the Landfill Buffer Zone, providing for the expenditure of funds therefore and provadlng an effective date (Purchase Order 103208 - Dentex Lawn Sprinkler Company an the amount of $36,492) PURCHASE ORDER INFORMATION Purchase Order 103208 to Dentex Lawn Spnnkler Company ~s for repmrs to the irngataon system an the Landfill Buffer Zone between Mayhlll Road and the Landfill Damages to the spnnkler system were the d~rect result of installation of the 18" effluent reuse waterline on Mayhlll Road from Spencer Road to the entrance of Pecan Creek Mobile Home Park The project began in August of 2001 The arngat~on repair actlmtles began an late September 2001 The Manager of Waste Water Collection contacted the contractor, Dentex Lawn Spnnkler Company, to began rep~urs and authorized the continuation of these repairs through December 2001 w~tllout complying with estabhshed Procurement Pohmes and Procedures An anvolce in the total amount of $36,492 dated 1-6-2002 was received an the Purchasing Office via fax from the Contractor on February 2, 2002 with a verbal request to expedite payment Although normal procurement procedures were not followed, the service was provided and the contractor is requesting payment A breakdown of project cost was requested and received on January 26, 2002 Purchase Order 108208 has been processed an the system to encumber funds awmtlng Council authonzataon to release RECOMMENDATION We recommend Purchase Order 103208 to Dentex Lawn Spnnkler Company be approved in the amount of $36,492 PRINCIPAL PLACE OF BUSINESS Dentex Lawn Spnnkler Company Denton, TX Agenda Information Sheet February 19, 2002 Page 2 ESTIMATED SCHEDULE OF PROJECT' ProJect began in September 2001 and was completed in November of 2001 FISCAL ,INFORMATION Funding for this expenditure has been encumbered against account (64002600 1350 40100) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 PO 103208 to Dentex Lawn Spnnkler Company I A~S DENTEX LAWN' SPRINKLER COMPANY ATTACHMENT 1 ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING PAYMENT FOR THE REPAIR OF THE IRRIGATION SYSTEM IN THE LANDFILL BUFFER ZONE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 103208-DENTEX LAWN SPRINKLER COMPANY IN THE AMOUNT OF $36,492) WHEREAS, at the d~rectmn of C~ty staff Dentex Lawn Sprinkler Company (the "Contractor") provided repmrs and replacement ofhnes to the City's xrngat~on system ~n the Landfill Buffer Zone, and WHEREAS, the cost of such repmrs ~s ~n the amount o f $36,492 winch sum ~s the reasonable value and benefit to the Cay of such services, and WHEREAS, notwithstanding the fact that such expenditure was not competitively Nd and not prewously authorized by C~ty Counml, as reqmred by law, the C~ty would be unjustly enriched at the expense of the Contractor ~f such sum were not prod to the Contractor, and WHEREAS, the C~ty Council finds that the payment of such sum to the Contractor is xn the public ~nterest, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The findings contatned in the preamble of tins ordinance are ~ncorporated here~n by reference SECTION 2 Purchase Order 103208 m the mount of $36,492 for the repmr and replacement of the ~mgatmn system m the Landfill Buffer Zone m hereby authorized and the C~ty Purchasing Agent, or Ns designee ~s hereby authorized to pay smd sum to the Contractor SECTION 3 Tins ordinance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED ti'ns day of ., 2002 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS_TO LEGAL/FORM HERBERTBy '~~~UTY" Y ATTORNEY AGENDA INFORMATION SHEET AGENDA DATE. February 19, 2002 Questions concermng th~s acqmsition may be d~rected DEPARTMENT. Matermls Management to Ray Wells 349-7108 ACM. Kathy DuBose, F~scal and Mumcipal Services~ SUBJECT An Ordinance accepting competitive b~ds and awarding an annual contract £or the installation of chain hnk fence and gates, providing for the expenditure o£ funds therefore, and providing an effective date (B~d 2780- Chmn Link Fence and Gates, awarded to Hurncane Fence Co in the estimated amount of $75,000) BID INFORMATION Th~s b~d ~s for an annual contract to construct security fencing and gates at the two new electric substations and for other electric transmlssion/d~str~but~on system requirements throughout the year The fencing ~s to be 8' bagh w~th 3-strand barbed wire All truck gates are to be 20' w~de by 10' tall (8' and 3 strand barbed wire) Personnel gates are 4' w~de and the same height as the other fanemg PRIOR ACTION APPROVAL The Pubhc Ut~hty Board considered th~s annual contract on February 4, 2002 and unanimously recommended approval RECOMMENDATION We recommend this b~d be awarded to the lowest responsible b~dder, Humcane Fence Co, for one year ~n the annual estimated amount of $75,000 and that the two and three year option not be awarded PRINCIPAL PLACE OF BUSINESS Hurncane Fence Co Denton, TX ESTIMATED SCHEDULE OF PROJECT Th~s is an annual contract ProJects w~ll be released as required Agenda In£ormatlon Sheet February 19, 2002 Page 2 FISCAL ~[NFORMATION Funding for these fencing projects wall be avadable from Revenue Bonds or budgeted maintenance accounts Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulatmn Sheet I Attachment 1 BID# 2780 Date 1/8/02 CHAIN LINK FENCE & GATES FOR SUBSTATION YARDS NO I Qty I DESCRIPTION VENDOR VENDOR VENDOR Sports Fac~htles Lowell Thomas ' DBA Groves Hurncane Fence ~ Fence Company ' ~ Electric Principle Place of Business" Carrollton, Tx Denton, Tx Crowley, TX FENCE 1 lA FIRST YEAR $22 00 $14 00 $15 16 1B SECOND YEAR $22 00 $15 56 lC THIRD YEAR $22 00 $16 00 20' DOUBLE GATE HEAVY 2 DUTY 2A FIRST YEAR $1,500 00 $495 oo $1,200 oo 2B SECOND YEAR $1,500 00 $1,250 00 2c THIRD YEAR $1,500 oo $1,300 oo 3 48" PERSONNEL GATE 3A FIRST YEAR $540 oo $315 00 $450 00 3B SECOND YEAR $540 oo $500 00 30 THIRD YEAR $540 oo $550 oo DELIVERY 7- 9 Days 30 Days 2780 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDiNG AN ANNUAL CONTRACT FOR THE INSTALLATION OF CHAIN LiNK FENCE AND GATES, PROVD1NG FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BD 2780 - CHAIN LINK FENCE AND GATES, AWARDED TO HURRICANE FENCE CO IN THE ESTIMATED AMOUNT OF $75,000) WHEREAS, the Ctty has sohclted, recetved and tabulated compettttve Nds for the purchase of necessary materials, eqmpment, supplies or servmes tn accordance w~th the procedures of STATE law and O. ty ordtnances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein ,described btds are the lowest responstble Nds for the materials, eqmpment, supphes or services as shown tn the "Btd Proposals" submitted therefore, and WHEREAS, the City Councd has provided in the Ctty Budget for the appropnanon of funds to be used for the purchase of the materials, equipment, supplies or servtces approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the numbered items in the following numbered Nds for materials, equipment, supplies, or services, shown tn the "Bid Proposals" on file tn the office of the Ctty Purchasing Agent, are hereby accepted and approved as being the lowest responmble Nds for such items BID ESTIMATED NUMBER VENDOR AMOUNT 2780 Hurricane Fence Co Attachment A SECTION 2 That by the acceptance and approval of the above numbered ~tems of the submttted,Nds, the City accepts the offer of the persons submtttlng the Nds for such ttems and agrees to purchase the materials, equipment, supplies or servtces in accordance wtth the terms, specifications, standards, quantities and for the spemfied sums contained in the Btd Invttattons, Bid Proposals, and related documents SECTION 3 That should the City and persons submltttng approved and accepted ttems and of the submitted Nds wtsh to enter rotc a formal written agreement as a result of the acceptance, approval, and awarding of the Nds, the Ctty Manager or his destgnated representative ts hereby authorized to execute the written contract which shall be attached hereto, promded that the written contract ts tn accordance w~th the terms, cond~ttons, spec~ficattons, standards, quant~ttes and specified sums contmned m the Bid Proposal and related documents herren approved and accepted SECTION 4 That by the acceptance and approval of the above numbered ~tems of the submttted btds, the Ctty Councd hereby authorizes the expendtture of funds therefor ~n the amount and tn accordance w~th the approved bids or pursuant to a written contract made pursuant thereto as authorized herren SECTION 5 That th~s ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED th~s day of ,2002 EULINE BROCK, MAYOR ATTEST JENN~ER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT~L PROU~I'ORNEY BY ~ /02 B~d 2780 Chain Link Fene~S~LY ORD-02 ATTACHMENT A B~d 2780 Awarded to Humcane Fence Co 1 Fence 8' cha~nlmk 3 strand barbed w~re $14 per foot 2 20' Double gate $495 each 3 48" Personnel gate $315 each 2 AGENDA INFORMATION SHEET AGENDA DATE. February 19, 2002 DEPARTMENT: Fiscal Operations ACM' Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager or his designee to execute a one-year extension to the Depository Services Contract with Texas Bank, and providing an effective date BACKGROUND Texas Bank is currently under contract by the City as the bank depository for public £unds The agreement also includes safekeeping and possible purchase of certificates of deposit in accordance with the City of Denton's Investment Policy This contract includes a two-year term beginning March 1, 2000, and enchng February 28, 2002, with a provision for three additional one-year extensions (maximum of three additional years) or five total years under the same terms and conditions of the contract, subject to the mutual agreement of both parties The primary objectives of the depomory agreement are · To employ a Bank that is both capable of providing high quality banking services and willing to be attentive to the City's money matters, · To maximize the total dollars earned by the City on invested monies in order to be prudent and effective custodians of the taxpayers' financial sources, · To malntmn a good working relationship with the depository Bank, and · To adequately compensate the depository Bank for services provided to the City and to allow a reasonable profit to be earned, subject to competitive fomes in the marketplace · To fully comply with the reqmrements of Texas Local Government Code Chapter 105, as amended, The Texas Government Code, Chapter 2257, and all other applicable laws Exhibit A mchcates the specific services and the amount charged for each service RECOMMENDATION The Investment Committee recommended the contract be forwarded to Councd for approval PRIQR ACTION/REVIEW (Council, Boards, Commission) The Investment Committee recommended and the C~ty Council approved the original contract m February 2000 The contract was for two years w~th a prows~on for three add~tmnal one-year extensions w~th the same terms and conditions The Investment Committee rewewed the first one-year extension on February 13, 2002, and recommended the contract be forwarded to Cotmcfl for approval FISCAL INFORMATION Texas Bank has agreed to mmntmn the umt costs at the same level as prowded ~n the original contract Exhibit A also hsts comparable bank fees as originally proposed Payment for depository agreement charges are budgeted in F~scal and Mume~pal Servmes EXHIBITS Exhibit A Ordinance F~rst Amendment to Depository Servmes Contract Respectfully submitted D~ana G Ort~z D~rector of F~scal Operations EXHIBIT A CITY OF DENTON BANK BID SUMMARY FY 1999-2000 First 8tate Bank Bank One (1) Texas Bank Approx Service Service Service Monthly Fee Per Total Fee Per Total Monthly Fee Per Total Monthly Actlvit7 Item Monthly Fee Item Fee Item Fee 8 1'000 8000 500 4000 500 4000 3700000000 1~800000000 500 3000 500 3000 " ~6 006 18000 0055 16500 0 04 0 10 70 O0 0 10 70 O0 0044 00%°° 002 1128 004 3000 12000 ~(~"04 0 03 336 O0 0 03 300 O0 ~1 50 O0 50 O0 soo 20 O0 160 O0 0 O0 0 O0 0 (e) 0 04 0 00 0 00 0 00 °o5o°o° ooo ooo ooo ooo 30 ih) 5~)0 15000 500 15000 000 000 3~. (b) 3'00 10200 5 50 187 O0 5 O0 170 O0 i i (b) 0 O0 0 O0 3 O0 3 O0 0 O0 0 O0 (b) 5 O0 5 O0 6 O0 6 O0 5 O0 5 O0 (b) 0 O0 0 O0 4 O0 4 O0 0 O0 0 O0 000 000 200 12800 000 000 '~0~0 000 1000 2000 1500 3000 1 0 0055000 008 80 O0 0 04 40 O0 ·" '0~00 000 3 O0 3 O0 0 O0 0 O0 0 05 0 06 0 O0 0 O0 0 O0 0 O0 0 O0 0 O0 37oo (b) 0 O0 0 O0 0 16 592 O0 0 O0 0 O0 0 O0 0 O0 0 O0 0 O0 (b) no charge 07/roll 0 O0 0 O0 0 O0 0 O0 30istrap 0 O0 0 O0 0 O0 0 O0 0~0 0 O0 0 O0 0 O0 0 O0 0 O0 0 O0 0 O0 0 O0 1~ (b) 3 O0 30 O0 5 O0 50 O0 0 O0 0 O0 000 000 000 000 000 000 2500 0 O0 50 300 15~00 1 50 75OO 250 12500 0 3 O0 3 O0 1 O0 1 O0 2 50 2 5O (~)) ~00 0 O0 0 O0 0 O0 0 O0 0 O0 0 O0 0 O0 0 O0 0 O0 0 O0 0 O0 0 O0 0 O0 000 000 1500 000 1~493 05 2 126 25 1007 50 F:×HII~IT A Approx ServiceFirst State Bank ServiceBank One (t) ServiceTeXas Bank Monthly Fee Per Total Fee Per Total Monthly Fee Per Total Monthly Activity Item Monthly Fee Item Fee Item Fee 6 8 O0 48 O0 25 O0 125 O0 15 O0 90 O0 12 20~ 24~ O0 25 O0 300 O0 15 O0 180 O0 1~00 1000 000 000 000 000 10 I O0 10 O0 2 O0 20 O0 15 O0 150 O0 8 010 060 006 036 22 050 1100 010 220 100 25 O0 200 50 O0 250 12500 200 10000 80 O0 0 O0 35 O0 0 O0 469 60 597 56 420 O0 1 962 65 2~723 81 1 427 50 (18750) 3 oo 25 (7500) 1~96265 246131 142750 30 O0 30 O0 3500 (b) (e) 0 04 0 O0 0 O0 0 O0 (f) 003 105 O0 0 05 175 O0 0 O0 0 O0 (0 30 O0 30 O0 (c) 004 0 O0 0 O0 0 O0 dO6 210 O0 (c) 005 175 O0 O00000 O00000 050 20250 0 O0 0 O0 ~ (c) 10 O0 0 O0 10 O0 40 O0 (¢) 10 O0 0 O0 50 O0 50 O0 35 O0 35 O0 1 O0 O0 1 O0 O0 40 O0 40 O0 3500 010 350 O0 (a) 001 35 O0 013 455 O0 100 100 (f) 0 03 105 O0 (d) 0 O0 0 O0 50 O0 50 O0 0 O0 0 O0 50 O0 50 O0 786 00 665 00 757 50 2~748 65 3 126 31 2 185 00 Annual 32 983 80 37 515 72 26 220 00 FXHII~IT A First Btate Bank I Bank One (t) Texaa Bank , Approx Ban/ire I Servlos Service Monthly Fee Par Total Fee Per Total Monthly Faa Per Total Monthly Act v t~ Item Monthly Fee Item Fee Item Fee (a) This represents ab additional 01 vs 06 chaq;le for debits posted (bi Cash management (c) No extra charges for positive pay Is included In account reconciliation Charges shown are m account reconcihation is not purchased (d) statements and images are not available via CDROM, however these will be available via the ~nternet in 2000 at no charge (e) Depending on the services the city chooses either partial or full reconciliation fees will be ~ncurred not both Also either CD Rom or serial sort charges (fi will be available by year 2000, however, bank did not submit cost schedule for services (1) Any out-of pocket safekeeping expenses ~ncurred to be paid by the customer Also Bank One has offered the City $5,000 to be utllltlzed for new supplies (bags checks, deposit slips) if awarded the contract ORDINANCE NO AN ORDINANCE OF THI~ CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZZNO TI-lB CITY MANAGER OR HIS DESIGNEE TO BXBCUTB A ONE-YF, AK EXTENSION TO THE DEPOSITORY SERVICES CONTRACT WITH TBXAS BANK, AND PROVIDING AN EFFECTIVE DATE WHER]~AS, on February 1, 2000, the City of Denton and Texas Bank entered Into a Depository Services Contract wharoby Texas Bank was domgnated as the primary depnsltory for operations and payrol! accounts and baakmg and depository services begmnmg March 1, 2000 and endmg February 28, 2002, with three possible one-year extensions of the Contra~t not to extend beyond Febnmry 28, 2005, m accordance with tho requirements of Chapter 105 of the Local Government Code, and WHEREAS, the City and Texas Bank demre to inmate the first one-year extension which will bogm March 1, 2002 and endtng February 28, 2003, TIlE COUNCIL OF THE CITY OF DtINTON HERF, BY ORDAINS ~ The City Manager or lus designee ~s anthomzed to execute a First Amandmant To The Depository Services Contract between the C~ty of Denton and Texas Bank extending the term of the Contract to February 28, 2003, a copy of which is attached hereto and made ~. part h~reof for all purposes ~ That tho City Manager is authorized expend funds as requn'ed by the Depository Serwees Conl~act as amended ~ This ordinance shall become effecuve Immediately upon its passage and approval PASSED AND APPROVI~) flus the __ day of ,2002 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECI~TARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY FIRST AMENDMENT TO DEPOSITORY SERVICES CONTRACT STATE OF TEXAS § cOUNTY OF DENTON § This First Amendment to that certain Depository Services Contract executed on February 1, 2000 between the City of Denton, Texas, a mummpal corporation located m the State of Texas, heromfffier refor~d to as "City," and Texas Bank, a bank located in the State of Texas, heremai~or referred to as "Depository", smd Contract hereinafter referred to as "Contract" NOW, THEREFORE, under thc condmons and for thc cons~derations hereinafter expressed, the pames hereby agree as follows ~[~ In accordance with Axticlo 1 "Selection and Term" of the Contract, the Contract is hereby extended for an addihonal one-year term beginning March 1, 2002 and ending February 28, 2003 ~ That save and except as amended hereby, all thc ramammg amolas, terms, conditmns, sections, sentences, clauses, and phras~ of thc Contract shall remain m full force and effect IN WITNESS of which this Contract has been executed on this the __ of February, 2002 by the duly authonzed officers of Depomtory and City CITY OF DENTON By Mlohael A Conduff Cdy Manager Address gl~ of Denton 21~ E. Mcgaunov Denton. Texa~ 76201 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY TEXAS BANK By' Au~onze ~ S~fiature Page 2 AGENDA INFORMATION SHEET AGENDA DATE' February 19, 2002 DEPARTMENT: Englneenng CM/DCM/ACM: Dave Hill, 349-8314 SUBJECT Consider adoptmn of a resolution anthonzmg the City Manager to execute an Interlocal Agreement with the Umverslty of North Texas to enable an exchange of right-of-way to allow the abandonment of Edwards Street between Avenue D and Avenue E, and the reroutlng of Chestnut Street to accommodate the construction of a new Student Recreation Center, and declanng an effective date thereof BACKGROUND The University of North Texas has requested that the C~ty of Denton abandon these sections of right- of-way m order to commence the construction of a new Student Recreation Center m March of 2002 Staff has worked with U N T over the past few months with recommendations for the realignment of Chestnut Street and to facilitate Development Rewew Committee rewew of the project The Development Review Committee recommended approval of the project subject to UN T abandomng and/or relocating all of the utilities currently m the right-of-way areas and that fire access to those structures along the Edwards Street right-of-way remain until they are demolished and the street removed U N T will fund all costs and expense related to this project In conjunction with the construction of the new facility and the re-alignment of Chestnut Street, U N T will dedicate additional right-of-way to the City As a component of th~s transaction U N T will also dedicate two right-of-way parcels needed for the TXDOT Eagle Drive Turn Lane Project The Eagle Drive Turn Lane Project ~s due to start construction m the fall of 2002 The Interloeal Agreement will provide U N T with the necessary tracts required to start construction on the Student Recreation Center m March while ensunng the conveyance of the exchange right-of- way or the payment of just compensation for the right-of-way to be abandoned within the next slx months OPTIONS 1 Approve the Resolution, or 2 Danlal, or 3 Table for future consideration RECOMN~ENDATION 1 Staff recommends approval of the Resolution ESTIMATED PROJECT SCHEDULE Spnng 2002 PRIOR ACTION/REVIEW None FISCAL INFORMATION None ATTACHMENTS ~' Location Map ~ Draft Resolution ~ Interloeal Agreement ~' Exhibits A- K Prepared by Pamela Engiand~ Real Estate Speclahst Respectfully submitted Charles Fledler, Director Engmeenng Department 2 PROPOSED UNT ~ ABANDONMENT SITE Campus~ Fours Field i Not to Scale 3 RESOLUTION NO A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL AC]REEMENT WITH THE UNIVERSITY OF NORTH TEXAS TO ENABLE AN EXCHANGE OF RIGHT OF WAY TO ALLOW THE ABANDONMENT OF EDWARDS STREET BETWEEN AVENUE E AND AVENUE D AND THE REROUTING OF CHESTNUT STREET TO ACCOMMODATE THE CONSTRUCTION OF A NEW STUDENT RECREATION CENTER, AND DECLARING AN EFFECTIVE DATE WHEREAS, the C~ty of Denton and the Umverslty of North Texas destre to enter rotc an Interlocal A~ment for the exchange of land for use as a right-of-way, pursuant to §791 028 of the Government Code, §272 001 of the Texas Local Government Code, and §2127 of the Denton code of ordinances, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES Seqti0n I The City Manager or h~s das~gnee is hereby authorized to execute on behalf of the C~ty of Denton an Interlocal Agreement wtth the Umverstty of North Texas to enable the exchange of land for use as right-of-way for the proposed Student Reereation Center located between West Sycamore Street, Chestnut Street, Avenue E, and Avenue D m substantially the same form as of the Interlocal Agreement attached hereto and made a part hereof by reference Section 2 TI. us resolution shall become effective ~mmedmtely upon its passage and approval PASSED AND APPROVED tins the day of ,2002 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY INTERLOCAL AGREEMENT THIS AGREEMENT is entered ~nto effective as of the date set forth below by and between the City of Denton, Texas, a home rule mumclpal corporation (the "City") and the University of North Texas ("LrNT") WHEREAS, the City and UNT desire to enter ~nto an Interlocal Agreement for the exchange of land for use as right-of-way, pursuant to §791 028 of the Texas Government Code, §272 001 of the Texas Local Government Code, and §2-127 of the Denton Code of Ordinances, and WHEREAS, UNT has a construction project to build a new student recreation center located between West Sycamore Street, Chestnut Street, Avenue E, and Avenue D that reqmres the abandonment of a portion of Edwards Street and a partial abandonment of Chestnut Street as described in Exhibits "A" and "C" and dlustrated on Exhibit "B" and "D", respectively, whmh exhibits are attached hereto and made a part hereof by reference (the "Abandoned Property"), and WHEREAS, the new recreation center will benefit both LINT and the citizens of the City of Denton, and WHEREAS, the right-of-way to be conveyed by UNT to the City in exchange for the Abandoned Pdght-of-Way is described m Exhibits "E", "G" and 'T' and dlustrated ~n Exhibits "F", "H" and "J" ", respectively, which exhibits are attached hereto and made a part hereof by reference (the "Exchange Property" or "Exchange Right-of-Way"), and WHEREAS, both City and UNT agree that the Exchange Property equals or exceeds the fmr market value of the Abandoned Property, and WHEREAS, because LINT is the underlying and abutting fee simple owner of Abandoned Property, the conveyance of the City's ~nterest in the Abandoned Property may be for less than fair market value as pmmded for in §272 001(b) of the Texas Local Government Code, NOW, THEREFORE, for and in consideration of the mutual covenants contmned herein the C~ty and UNT hereby agree as follows 1 The City shall abandon the Abandoned Property and quit clmm its interests therein to LINT subject to the rights of all utilities currently existing in the Abandoned Property to continue to operate and mmntmn existing utility facilities in the Abandoned Property (the "C~ty's Abandonment and Quit Clmm") In exchange for the City's Abandonment and Quit Claim, UNT shall convey the Exchange Property to the City by right-of-way deed or deeds in substantially the form of the Street Pdght-of-Way Deed attached hereto and made a part hereof by reference as Exhibit "K' (UNT's Conveyance") 2 IfUNT's Conveyance is not made within six months of the City's Abandonment and Quit Clmm UNT shall be ~n breach of tlus Agreement In such case the City may either 5 3 The City Council of the City and the Board of Regents of UNT have duly authorized this Agreement and the executaon of same by the officers or agents who have signed below on their behalf In Witness Whereof, this Agreement has been executed by the part~es to be effective this the ., day of ,2002 CITY OF DENTON By MICHAEL A CONDUFF, CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY UNIVERSITY OF NORTH TEXAS BY FREDERIC R POLE, VICE PRESIDENT FOR ADMINISTRATIVE SERVICES APPROVED AS TO FORM Page 2 EXHIBIT A CHESTNUT STREET ABANDONMENT BLOCK 43, COLLEGE ADDITION 3,366 SQUARE FEET PROPERTY DESCRIPTION BEING o 3.366 squore foo~ troct of Iond s~tuoted m the ex~shng 50' right of woy of Chestnut Street. os ded~coted to the Cdy of Denton ~n College Add~bon. on Add~bon to the C~ty of Denton. os recorded by plot ~n Volume 44. Poge 600. Deed Records. Denton County. Texos. Grid being more porbculorly described os follows BEGINNING ct o 5/8" ~ron rod set for corner ct the northeost corner of Block 43 of so~d Addition. sold corner olso being ct the mtersecbon of the south hne of so~d Chestnut Street w~th the most westerly northwest corner of Avenue D os obondoned by C~ty Oral,nonce No 76-47. THENCE S89'51'20"W. o/cng so~d south hne. o d~stonce of 205 13 feet to o 5/8" ~ron rod set for corner ct the beginning of o curve to the left howng o centrol ongle of 20'57'47". o rod~us of 279 32 feet and chord beormg and d~stonce of N79'12'55"E. 101 63 feet. THENCE deporting so~d south hne Grid olong so~d curve to the left on crc d~stonce of 102 20 feet to o p k noel set for corner. THENCE N89'51"20"E. porollel to so~d south hne. o d~stonce of 185 30 feet to o 5/8" ~ron rod set for corner at the intersection of so~d south hne w~th the northwest corner of Block .57 of the oforement~oned College Addition. THENCE S76'39'46"W. olong so~d south hne Grid olong o north hne of the oforement~oned Avenue D obondonment, o d~stonce of 82 22 feet to the POINT OF BEGINNING Grid contoimng 3.$66 squore feet of land. more or less BASIS OF BEARINGS The bos~s of beor~ngs shown hereon ~s the south hne of Chestnu~ Street. S8951'20"W. os shown on the Denton C~ty Oral,nonce No 76-47 recorded m Volume 4942. Pg 2416. Deed Records. Denton County. Texos ~ BROCKETTF' DAVIS DRAKE mc E=)E=)consult ng engineers C~wl & Structurol Engineering Surveying 4144 Centrol Expwy,Su~te 1100 Dollos,Texos 75204 C214)824-5647 Job No C01015 401 Jonuory, 2002 Sheet 1 of 2 7 EXHIBIT B CHESTNUT STREET ABANDONMENT BLOCK 43, COLLEGE ADDITION 3,366 SQUARE FEET SCALE 1~50' 50' R,ght or Way CHESTNUT ~ STREET 80' ROW CHESTNUT ~© N 89'57'20" E 786 ~0~ R = 279 32' R 0 W L = 102 20' Abondoned CB= N 79'12'55"E ~y Ordinance Ch = ~0~ 6~' No 7~-47 V 4942,. ~ BROCKETTE DAVIS ~consultmg engineers Cwd ~ Structural Engineering Surve~ng 4144 Central Expwy,Sult~ 1100 Dallas,Texas 75204 (214)824-3647 Job No C01015401 January, 2002 Sheet 2 of 2 8, EXHIBIT C EDWARDS STREET ABANDONMENT BLOCK 43, COLLEGE ADD/T/ON 26,988 SQUARE FEET PROPERTY DESCRIPTION BEING o 26,988 square foot tract of land s~tuoted m the E Pucholsk~ Survey, Abstract No 996, m the C~ty and County of Denton, State of Texas, and being o port of Block 43, College Addition, and being more particularly described os follows BEGINNING at o 3/8" ~ron rod found for corner ~n the south hne of Edwards Street (45' R 0 W,) at ~ts intersection w~th the west hne of Avenue D (80' R O os shown on the Mop of so~d College Add~hon, THENCE NBg*55'52"W, along so~d south hne of Edwards Street, o d~stonce of 599 73 feet to o 5/8" ~ron rod set for corner at the intersection of so~d south hne w~th the east I~ne of Avenue E (50' R O THENCE NOO'OB'IB"E, deport~ng sold south I~ne and along so~d east hne of Avenue E, o d~stonce of 45 00 feet to o 5/8" ~ron rod set for corner at the mtersecbon of so~d east hne w~th the north hne of so~d Edwards Street, THENCE $Bg'55'52"E, deport~ng so~d east hne and along the so~d north I~ne of Edwards Street, o d~stonce of 599 73 feet to o 5/8" ~ron rod set for corner m the ofore- menboned west hne of Avenue D, THENCE S00'08'18"W, deporbng so~d north line and along the so~d west hne of Avenue D, o d~stonce of 45 O0 feet to the POINT OF' BEGINNING and containing 26,988 square feet or 0 6796 acres of land, more or less BASIS OF BEARINGS The basts of bearings shown hereon is the south hne of Edwards Street, NBg*55'52"W, os shown on the Warranty Deed recorded m Volume 2049, Page $96, Deed Records, Denton County, Texas E2gBROCKETTE DAVIS DRAKE , mc / E:: E: consult ng engineers ' Clwl & Structural Engineering Surveying 4144 Central Expw¥,Sulte 1100 Dallas,Texas 75204 (214)824-,.3647 Job No C01015401 October, 2001 Sheet 1 of 2 9. EXHIBIT D ~ ® ~ EDWARDS STREETABANDONMENT SCALE ~'--~00 BLOCK 43, COLLEGE ADD/T/ON 26,988 SQUARE FEET X FOUND AVENUE E 5oo 50 ROW 5/8 POINT OF BEGINNING 26,988 SQUARE FEET STREET ABANDONMENT 00°08'18" W 45 J/* F, ' '.,.'~-.; A V E N U E D i ~ BROCKETTE DAVIS DRAKE , ~nc E:~E:~consultlng engineers C~wl &: Structurol Engineering Surveying 4144 Centrol Expwy,Sude 1100 Dollos,Texos 75204 (214)824-.3647 Job No C01015 401 October, 2001 Sheet 2 of 2 10 EXHIBIT E County Denton Page 1 of 2 Parcel 5 D-15- Eagle Drive April 10, 2001 Project Limits From Avenue "A" to I O O F Street CSJ 915-46 Legal Land Description for Parcel 5 Being a 0 05141 hectare [0 1270 acre] tract of land situated m the E Puchalska Survey, Abstract Number 996, Denton County, Texas, and being portions of tracts of land described in the deeds to the State of Texas recorded in Volume 583, Page 73, Volume 592, Page 702, Volume 2473, Page 152, and tn Volume 540, Page 215, Deed Records, Denton County, Texas, being more particularly described by metes and bounds as follows COMMENCING at the northwest corner of said State of Texas tract as recorded in Volume 583, Page 73, Deed Records, Denton County, Texas, THENCE S 00°04, 17" W with the west line of said State of Texas tract a distance of 41 743 meters [136 92 feet] to a 15 875mm iron rod with yellow cap stamped "Dunaway & Assoc Inc" set (hereafter called 15 875mm iron rod set) at the POINT OF BEGINNING, (1) THENCE S 88°36'48'' E leaving the west line of said State of Texas tract as recorded in Volume 583, Page 73, a distance of 2 931 meters [9 62 feet] to a 15 875mm iron rod set, (2) THENCE S 89°59, 19" E a distance of 16 664 meters [54 67 feet] to a 15 875mm iron rod set, (3) THENCE S 88°36'48"E a distance of 24 989 meters [$1 99 feet] to a 15 875mm iron rod set, (4) THENCE S 89°00'53" E a distance of 31 535 meters [103 46 feet] to a 15 875mm iron rod set in the east line of said State of Texas tract as recorded in Volume 540, Page 215, Deed Records, Denton County, Texas, said iron rod also being in the west line of the tract described in deed to Glynn C Morns & Katherine Morris and recorded in county clerk's file number 94-R0012706, Deed Records, Denton County, Texas, (5) THENCE S 00°21'48" E with the east line of last said State of Texas tract and the west line of said Morris tract a distance of 6 910 meters [22 67 feet] to an "X" cut set ~n concrete in the north right-of-way line of Eagle Drive (variable width right-of-way), (6) THENCE N 89°57'38" W leaving the east line of last said State of Texas tract and with the north right-of-way line of Eagle Drive a distance of 60 961 meters [200 00 feet] to the southwest corner of said State of Texas tract as recorded ~n Volume 592, Page 702, Deed Records, Denton County, Texas, I ~Survey~000~000090~PARCEI-51gl doc Page 1 of 2 11 EXHIBIT E County Denton Page 2 of 2 Parcel 5 D-15- Eagle Drive April 10, 2001 Project Limits From Avenue "A" to I O O F Street CSJ 918-46 (7) THENCE N 00°21'48" W with the west line of last said State of Texas tract a distance of 4 094 meters [13 43 feet] to a 15 875mm iron rod set at the southeast corner of sa~d State of Texas tract as recorded m Volume 583, Page 73, Deed Records, Denton County, Texas, (8) THENCE N 89°55'43" W with the south hne of last said State of Texas tract a &stance of 15 169 meters [49 77 feet] to a 15 875mm iron rod set at the southwest corner of last said State of Texas tract, said iron rod also being the southeast comer of that tract of land as described in deed to Charles L Johnson and wife Mary Anne Johnson as recorded m Volume 535, Page 549, Deed Records, Denton County, Texas, (9) THENCE N 00°04' 17" E with the west line of last sa,d State of Texas tract and the east line of sa~d Johnson tract a distance of 3 976 meters [13 04 feet] to the POINT OF BEGINNING and containing 0 05141 hectares [0 1270 acres] of land NOTE BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM NORTH CENTRAL ZONE, NAD83 DATUM CONTROL MONUMENT NGS Monument AB2789 DTO D - NOS disk stamped "DTO B 1979" set in a concrete post flush with the ground located near the center of Denton City A~rport south of the center taxiway A plat of even survey date herewith accompanies this legal description / N Cordle , .~ 2020,_o . Dunaway Associates, Inc Yy$~ss~ov'..' I \Survey~000'x2000090'xPARCELSlgl doc Page 2 of 2 12 EXHIBIT F ~ PARCEL 5 z CHARLES L JOHNSON II '1 uARY ANNEDEEDJOHNSON LOT 10 ~ STATE OF TEXAS ~ DEED VOL 583, PG 73 ~ ~m DRDCT ~ STATE OF TEXAS ~ LOT 11 DEED ~ m ~ VOL 592, PG 702 ~ DRDCT o ~ ~m BLOCK 7 STATE OF TEXAS < DEED o ~ ~ COLLEGE ADDITION VOL 2473, PG 152 z ~ VOL 44 PO 600 PROCT DRDCT ¢ STATE OF TEXAS ~ > ~ VOL 540, PO 215 - · ~ DEED 94-R0012706 LOT 13 DRDCT - ~ A 0 0514~ b~ [0 Zg?O ~c ] O-15875 mm IRON RO0 ~T UN.SS O~ER~SE NO~O IN THE E PUCHA~KI SURLY ~o~ s~N~s AR[ B~S[D 0N ~[ ~X*S ST*~ .LX~[ ABSTRACT N0 996 C00,~N*~ S~S~. NOrm ~NmX~ ZON[, NA~S~ 0~. DENTON, DENTON COUNTY, TE~S April 10, 2001 EXHIBIT G County Denton Page 1 of 2 D-IS- Parcel 1 March 13, 2001 Eagle Drive ProJect,Limits From Avenue "A" to I 0 0 F Street CS$ 918-46 Legal Land Description for Parcel 1 Being a 0 00878 hectare [0 0217 acre] tract of land situated in the E Puchals!.a Suv, ey, Abstract Number 996, Denton County, Texas, :~nd being part of a tract of land described in deed to the State of Texas, recorded in Volume 549, Page 652, Deed Records, Denton County, Texas, part of a 0 1284 acre tract of land described in deed to the State of Texas, recorded in County Clerk's File Number 96-R0062108 and part of a 0 0425 acre tract of land described in deed to the State of Texas, recorded m County Clerk's File Number 96-R0064440, Real Property Records, Denton County, Texas, being more parttcularly described by metes and bounds as follows COMMENCING at a 12 700mm ~ron rod found at the northeast corner of said 0 0425 acre tract, said iron rod being the northeast corner of Lot 4R, Block 21, College Ad&non, an addmon to the City of Denton as recorded in Cabinet F, Shde 107, Plat Records, Denton County, Texas and being in the west right-of-way line of Central Avenue (15 240 meters [50 feet] In width), THENCE S 01°04'09" E with the east line of said 0 0425 acre tract, the east line of said Lot 4R, and sa~d west right-of-way line a distance of 18 192 meters [59 68 feet] to a 15 875mm iron rod with yellow cap stamped "Dunaway & Assoc Inc" set (hereafter called 15 875mm iron rod set) at the POINT OF BEGINNING, (1) THENCE S 01°04'09'' E continuing with the east hne of said 0 0425 acre tract, the east line of said Lot 4R, and said west right-of-way line a distance of 9 984 ineters [32 75 feet] to a 15 875mm iron rod set at the southeast corner of sa~d 0 0425 acre tract, and the southeast corner of smd Lot 4R, sa~d iron rod also being the point of intersection of the west right-of-way line of Central Avenue and the north right of wa~, hne of Eagle Drive (a variable width right-of-way), (2) THENCE N 89°53'30" W leaving the east hne of sa~d Lot 4R and along the south lines of the aforementioned 0 0425 acre tract, the 0 1284 acre tract and the Volume 549, Page 652 tract, and the north right-of-way line of Eagle Drive a distance of 44 163 meters [144 89 feet] to a 15 875mm ~ron rod set, (3) THENCE N 01°13'12" W leaving the north hne of Eagle Drive a &stance of 0 698 meters [2 29 feet] to a 15 875mm ~ron rod set, (4) THENCE N 88°44'49" E a distance of 35 935 meters [117 90 feet] to a 15 875mm iron rod set, (5) THENCE N 43°46'48" E a distance of 11 656 meters [38 24 feet] to the POINT OF BEGINNING and containing 0 00878 hectares [0 0217 acres] of land I \Survey~2000~000090\PARCELllgl doc Page 1 of 2 14. EXHIBIT G Page 2 of 2 County Denton D-15- Parcel 1 March 13, 2001 Eagle Drive Proj¢cI Limits From Avenue "A" to I O O F Street CS$ 918-46 NOTE BEARINGS ARE BASED ON THE TEXAS STATE PI.ANE COORDINATE SYSTEM NORTH CENTRAL ZONE, NAD83 DATUM CONTROL MONUMENT NOS Monument AB2789 DTO D - NOS dmk stamped ' DTO B 1979" set m a concrete post flush with the ground located near the center of Denton C~ty Aarport south of the center taxiway A plat of even survey date herewith accompanies th~s legal description I \Survcy~000~2000090~ARCEL1 lgl doc Page 2 of 2 15 EXHIBIT H PARCEL 1 NOTE EN(:USN UNITS ARC PRO~ID[O FOR INFORMATION ONLY 0'15575 mm IRON ROD SET UNLESS OTHER,S[ NOTED NOTE BEARINGS ARE BASED ON ~tE TEXAS STATE PLANE COORDINATE SYSTEM NORTH CENTRAL ZONE, NAD85 DA~JM CITY OF DENTON ~Lo,> 2~ (o o42~ ACRES) COLLEGE ADDr~ 96-R0064440 CAB F PO 107 ~o~ DRDCT ~DCT STATE OF TEXAS ~ STATE OF TEXAS 96-R0062~08 ~EED D R D C T > VOL ~9 PG s~ < DROCT L~r ~: N 4546'48' E N 01~512' W 0 1Sm [229] N 8844'49" E ~59~5m [ N ~ 163m ] JO~N N COmDLE we/ "',ss¢:,' 0~/ GRAPHIC SCALE E~IBIT SH0~NG 1 500 A 0 00878 ha [0 02~7 ~c ] TRACT OF L~D (~ ~) IN THE E PUCH~SKI SURLY ABSTRACT N0 996 ~ ~ " ~ " DENTON, DENTON COUNTY, TE~S ~:r¢h ~$, ~00~ EXHIBIT J 7,956 SO FT. DEDICATION BLOCK 45, COLLEGE ADDITION PROPERTY DESCRIPTION BEING o 7°956 square foot tract of land In Block 45 of the College Addition, on Addition to the City of Denton, Texas, os recorded by plot in Volume 44, Page 800, Deed Records. Denton County, Texas, and being more particularly described os follows BEGINNING at o 3/8" iron rod found for corner at the ~ntersecbon of the north hne of Chestnut Street (50' R 0 W,) with the west hne of Avenue D (80' R 0 W,) os shown by the plot of sold College Addition, THENCE $89'51'20"W, along sold north line, o d~stonce of 599 74 feet to o 5/8" iron rod set for corner at the ~ntersectlon of sold north line with the east line of Avenue C (50' ROW), THENCE NOO"OO'$O"W, deporting sold north hne and along so~d east hne, o distance of 8 O0 feet to o 5/8" iron rod set for corner, THENCE NSg*51'20"E, deporbng so~d east hne and parallel to so~d north hne, o d~stonce of 394 10 feet to o 5/8" iron rod set for corner at the beginning of o curve to the left having o central angle of 18'18'02", o radius of 221 32 feet and o chord bearing and distance of NSO'57'50"E. 70 26 feet, THENCE along sold curve to the left on arc distance of 70 56 feet to o 5/8" ~ron rod set for corner at the beg~nmng of o reverse curve to the right howng o central angle of 17'43'16", o radius of 278 68 feet and o chord bearing and d~stonce of NSO*57'50"E, 85 85 feet, THENCE along said reverse curve to the r~ght on arc d~stonce of 86 19 feet to o 5/8" iron rod set for corner, THENCE NSg'59~I~"E, parallel to the obovement~oned north hne of Chestnut Street, o d~stonce of 51~'~ feet to o 5/8" ~ron rod set for corner m the oforemenboned west line of Avenue D, THENCE SO0'O0'$O"E, along so~d west hne, o d~stonce of 32 O! feet to the POINT OF' BEGINNING and conto~mng 7,956 square feet of land, more or less BASIS OF' BEARINGS The basis of bearings shown hereon ~s the south hne of Chestnut Street, S89'51'20"W, os shown on the Denton C~ty Ordinance No 76-47 recorded ~n Volume 494 , Deed Records, Denton County, Texas~ ~i sul bn g e n g n eer Surveying C~vd &: Structurol Engineering 4144 Centrel Expwy,Su~te 1100 Oollos. Texos 75204 (214)824-,:36~7 Job No C01015 401 Jonuory. 2002 Sheet 1 of 2 · EXHIBIT J ~ ® ~ 7,956 SQ. FT. DEDICATION SCALE ~'=~00 BLOCK 43, COLLEGE ADD/T/ON oo'oo'.~o' w e oo' A V £ N U E E 5/8"1RS 50' R 0 w 5la ~R$ R = 221 $2' L = 7056 5/8 'IRS Ch = 70 26 -, 1743 ~6" R., 278 68 POINT OF BEGINNING L = 86 ~9' 7,956 SQUARE FEET ce,. N 8057'51 Ch = 85 85 STREET DEDICATION 5/8 8959~"~ E 51 46' 3/8 ~RF s oo~o'~o" E ~2ol ^ V E IN U E D 80' ROW E:)~)consult~ng engineers t~~.~.~'~ C~wl 4144 Central Expw¥,Su~te 1100 Dallos,Texas 75204 (214)824-3647 Job No C01015 401 Jonuory, 2002 Sheet 2 of 2 ].8. EXHIBIT K PAGE I OF 10 STREET RIGHT-OF-WAY DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS. COUNTY OF DENTON § THAT the Umverslty of North Texas whether one or more, hereinafter called "Grantor," for and in cons~deratmn of the sum of TEN DOLLARS ($10 00) and other good and valuable consideration to Grantor in hand prod by the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter called "Grantee," the receipt and suffimency of which ~s hereby acknowledged, and for which no hen is retmned, express or lmphed, does GRANT, SALE and CONVEY unto the Grantee all of those certain tracts or parcels of land contalmng collectively approximately 0 3313 acres of land, situated in the C~ty of Denton, Denton County, Texas, as more particularly described in Exhibit "A" ~llustrated In Exhibit "B", described ~n Exhibit "C" illustrated ~n Exhibit "D", and described ~n Exhibit "E" illustrated in Exhibit "F", all of which are attached hereto and made a part hereof for all purposes, together with all improvements situated thereon and all singularly the rights and appurtenances thereto and any and all right, title and ~nterest of Grantor in and to any adjacent streets, alleys or rights-of-way, hereinafter collectively called the "Property" It ~s acknowledged and agreed that Grantee is acqmrlng the Property for the purpose of permitting Grantee or 1ts agents or assigns to construct, malntmn, repmr and operate thereon street, highway, right-of-way, drainage improvements, utlht~es and other related improvements Th~s prowsmn shall not be construed as any restrmnt on the right of Grantee to convey fee s~mple t~tle to the Property, but as a restriction as to the permitted use of the Property Grantor hereby acknowledges that it has received full compensation for the property interests conveyed to Grantee hereunder, ~ncludmg without hmltatlon, full compensation for severance damages, or any damages to, or d~mlnutton ~n value of, other lands belonging to Grantor, that may be claimed or asserted by virtue of such acquisition of the Property by Grantee Notwithstanding the area and shape of the Property, this Deed shall be construed as conveying ail rights and appurtenances incident to any ordinary conveyance of land TO HAVE AND TO HOLD the Property, together with all and s~ngular the rights and appurtenances thereto ~n anywise belonging unto said Grantee, Its successors and assigns, forever Grantor does hereby b~nd Grantor and Grantor's heirs, successors, executors and assigns, to warrant and forever defend, all and singular the Property unto the Grantee and Grantee's successors and assigns, against every person whomsoever lawfully clmm~ng or to clmm the same or any part thereof, by, through, or under Grantor, but not otherwise C ~vly Documents~LINT~Street_ROW_Donat~on Deed_Example doe 19 EXHIBIT K PAGE 2 OF 10 SIGNED this ~ day of ,2002 The University of North Texas By ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me th~s , day of , 2002, by , the of the University of North Texas on behalf of said governmental entity Notary Pubhc, State of Texas Pnnt Name My commission expires Page 2 20 EXHIBIT K PA(]E 3 OF 10 EXHIBIT A Pa~e 1 of 2 County Denton D-15- Parcel 5 Aprd 10, 2001 Eagle Drive PreleCt Limits From Avenue "A" to I O O F Street CSJ 918-46 Legal Land Description for Parcel 5 Being a 0 05141 hectare [0 1270 acre] tract of land situated in the E Puchalsk~ Survey, Abstract Number 996, Denton County, Texas, and being portions of tracts of land described m the deeds to the State of Texas recorded in Volume 583, Page 73, Volume 592, Page 702, Volume 2473, Page 152, and m Volume 540, Page 215, Deed Records, Denton County, Texas, being more particularly described by metes and hounds as follows cOMMENCING at the northwest corner of said State of Texas tract as recorded m Volume 583, Page 73, Deed Records, Denton County, Texas, THENCE S 00004' 17" W with the west line of satd State of Texas tract a distance of 41 743 meters [136 92 feet] to a 15 875mm iron rod with yellow cap stamped "Dunaway & Assoc Inc" set (hereafter called 15 875mm iron rod set) at the POINT OF BEGINNING, (1) THENCE S 88°36,48" E leaving the west hne of said State of Texas tract as recorded in Volume 583, Page 73, a distance of 2 931 meters [9 62 feet] to a 15 875mm ~ron rod set, (2) THENCE S 89°59, 19" E a distance of 16 664 meters [54 67 feet] to a 15 875mm iron rod set, (3) THENCE S 88°36'48''E a dtstance of 24 989 meters [81 99 feet] to a 15 875mm iron rod set, (4) THENCE S 89000'53'' E a distance of 31 535 meters [103 46 feet] to a 15 875mm iron rod set in the east line of said State of Texas tract as recorded in Volume 540, Page 215, Deed Records, Denton County, Texas, said ~ron rod also being m the west line of the tract described in deed to Glynn C Morris & Kathenne Morris and recorded in county clerk's file number 94-R0012706, Deed Records, Denton County, Texas, (5) THENCE S 00°21,48'' E with the east hne of last sa~d State of Texas tract and the west line of sa~d Morris tract a distance of 6 910 meters [22 67 feet] to an "X" cut set in concrete in the north right-of-way line of Eagle Drive (variable w~dth right-of-way), THENCE N 89°57,38" W leaving the east hne of last said State of Texas tract and with (6) the north right-of-way line of Eagle Drive a distance of 60 961 meters [200 00 feet] to the southwest corner of sa~d State of Texas tract as recorded in Volume 592, Page 702, Deed Records, Denton County, Texas, I ~SurveyX2000~2000090~PARCELSIgl doc Page 1 of 2 EXHIBIT K PAGE 4 OF 10 EXHIBIT "A" County Denton Page 2 of 2 Parcel 5 D-IS- Eagle Drive April 10, 2001 Project Limits From Avenue "A" to I O O F Street CSJ 918-46 (7) THENCE N 00°21'48" W with the west line of last said State of Texas tract a distance of 4 094 meters [13 43 feet] to a 15 875mm iron rod set at the southeast corner of said State of Texas tract as recorded m Volume 583, Page 73, Deed Records, Denton County, Texas, (8) THENCE N 89055'43'' W with the south hne of last said State of Texas tract a distance of 15 169 meters [49 77 feet] to a 15 875mm iron rod set at the southwest corner of last said State of Texas tract, said iron rod also being the southeast comer of that tract of land as described in deed to Charles L Johnson and wife Mary Anne Johnson as recorded m Volume 535, Page 549, Deed Records, Denton County, Texas, (9) THENCE N 00004' 17" E with the west line of last said State of Texas tract and the east line of said Johnson tract a distance of 3 976 meters [13 04 feet] to the POINT OF BEGINNING and containing 0 05141 hectares [0 1270 acres] of land NOTE BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM NORTH CENTRAL ZONE, NAD83 DATUM CONTROL MONUMENT NGS Monument AB2789 DTO D - NOS disk stamped "DTO B 1979 ' set m a concrete post flush with the ground located near the center of Denton City ,adrport south of the center tamway A plat of even survey date herewith accompanies this legal description I \Survey~2000~20ooogo~ARCELSlgl doc Page 2 of 2 22 EXHIBIT B EXHIBIT K ~ PA..RC]~f, 5 PAGE 5 OF 10 LOT LINE i ~ CHARLES L ,JOHNSON ~ MARY ANNE JOHNSON LOT 10 DEED ~'~i~. ~o ~ VOL 535, PG 5~9 ~ DRDCT no STATE OF TEXAS DEED VOL 583, PO 73 ~DRDCT ~ LOT 11 STATE OF TEXAS DEED m ~ VOL 592, PG 702 ~ DRDCT o ~ ~ ~ ~m BLOCK 7 STATE OF TEXAS COLLEGE ADDITION VOL 2473, PO 152 ~J ~ VOL 44, PO 600 (~ ;OHN N COROLu b}' VOL 540, PO 215 ~~¢ / ~ ~ S 00~1'~" E 6glOm GLYNN C MORRIS ~ KATHERINE E MORRIS DEED 94-R0012706 LOT ~5 DRDCT E~IBIT SHO~NG A 0 05141 ha [0 1270 ac ] o-~ ~ ~RO~ ROO ~T U~SS Om~R.S~ ~OU0 IN THE E PUCHA~KI SURLY ~o~ e~R~S ~R~ e~S~D O~ ~ ~X*S Sr*U PL*~[ ABSTRACT NO 996 C00R~INA~ $YS~M NOR~ C~N~AL ZONe, NAD83 DENTON, DENTON COUNTY, TE~S April ~0, 2001 23. EXHIBIT K PAGE 6 OF 10 EXHIBIT C County Denton Page I of 2 Parcel 1 D-15- Eagle Drive March 13, 2001 Project Ltmits From Avenue "A" to I O O F Street CSJ 918-46 Legal Land Descrtption for Parcel 1 Being a 0 00878 hectare [0 0217 acre] tract of land situated m the E Puchals~u Surge3,, Abstract Number 996, Denton County, Texas, and being part of a tract of land described m deed to the State of Texas, recorded ~n Volume 549, Page 652, Deed Records, Denton County, Texas, part of a 0 1284 acre tract of land described m deed to the State of Texas, recorded m County Clerk's File Number 96-R0062108 and part of a 0 0425 acre tract of land described m deed to the State of Texas, recorded m County Clerk's File Number 96 R0064440, Real Property Records, Denton County, Texas, being more particularly described by metes and bounds as foilov, s COMMENCING at a 12 700mm iron rod found at the northeast corner of said 0 0425 acre tract, said iron rod being the northeast corner of Lot 4R, Block 21, College Addmon, an addmon to the Clt) of Denton as recorded tn Cabinet F, Slide 107, Plat Records, Denton Count), Texas and being m the west right-of-way line of Central Avenue (15 240 meters [50 feet] m width), THENCE S 01°04'09'' E with the east line of said 0 0425 acre tract, the east hne of sa~d Lot 4R, and said west right-of-way hne a distance of 18 192 meters [59 68 feet] to a 15 875mm iron rod with ).ellow cap stamped "Dunaway & Assoc Inc" set (hereafter called 15 875mm iron rod set) at the POINT OF BEGINNING, (1) THENCE S 01°04'09'' E continuing with the east hne of said 0 0425 acre tract, the east hne of said Lot 4R, and said ',,.est right-of wa) hne a dmtance of 9 984 ineters [32 75 feet] to a 15 875mm iron rod set at the southeast corner of said 0 0425 acre tract, and the southeast corner of sa~d Lot 4R. sa~d iron rod al~o being the point of intersection of the '.',est right of-way line of Central A,.enue and the north right of wa) hne of Eagle Drp, e (a variable width right-of-wa;,), (2) THENCE N 89°53'30'' W leaving the east hne of sa~d Lot 4R and along the south lines of the aforementioned 0 0425 acre tract, the 0 1284 acre tract and the Volume 549, Page 652 tract, and the north nght-of-v, ay hne of Eagle Drp. e a d~stance of 44 163 meters [144 $9 feet] to a 15 875mm iron rod set, (3) THENCE N 01°13'12'' W leax, ing the north hne of Eagle Drive a dmtance of 0 698 meters [2 29 feet] to a 15 875mm iron rod set, (4) THENCE N 88°44'49" E a distance of 35 935 meters [117 90 feet] to a 15 875mm iron rod set, (5) THENCE N 43°46'48'' E a d~stance of 11 656 meters [38 24 feet] to the POINT OF BEGINNING and containing 0 00878 hectares [0 0217 acres] of land I \SurveyW,000~2000090\PARCELllgl doc Page 1 of 2 2' 24. EXHIBIT K PAGE 7 OF 10 ExHiBIT C Page 2 of 2 D-15- County Denton March 13, 2001 parcel 1 Eagle Drive From AvenUe "A" to I O O F Street Proiect L~m~tS CSI 918-46 NOTE BEARINGS A.RE BASED ON THE TEXAS STATE pLANE cooRDINATE sYSTEM NORTH CENTRAL ZOO, N~83 DATUM NOS Monument ~2789 DTO D - NOS disk stamped ' DTO B co~ROL Mo~ME~ w~th the ground located near the center of DentOn C~D ~ort 1979" set m a concrete post flush south of the center tax,way A plat of even su~ey date herewith accompameS th~s legal descnptmn I ~urvef'2000%2000090''''PARCELllg! doc Page 25. EXHIBIT D EXHIBIT K PARCEL 1 PAGE 8 OF 10 NOTE ENGLISH UNITS ARE PRO~IOED FOR ;NFORMATION ONLY 0-15 875 mm IRON RO0 SET UNLESS OTMERWlSE NOTED NOTE BEARINGS AR~ BASED ON 'DiE TEXAS STATE PLANE COOROINAT~: SYSTEM NOR1H CENTRAL ZONE, NAD83 DA~JU CITY OF DENTON STATE OF TEXAS ~ BLOC~ 21 (00425 ACRES) COLLEGE AOOt~ 98-R0064440 CA~ FPG 107 LOT ~ DROCT PFDCT ' STATE OF TEXAS ~ (0 1284 ~ STATE OF TEXAS 9~-R0062108 DEED DRDCT ~ DRDCT N 454848 E 11 656m~ E 55 935m N 01q3'12' W 06 Bm N 895330" W ~163m JOHNN CODDLE GRAPHIC SCALE ~w"/o ' "~u~q~¢ [ 500 ~[~[T SHO~NG A 000878 h~ [002~7 8c] T~AOT OT [~D ('" ~) IN THE E PUCHALSKI SURLY ABSTRACT N0 996 ~ . ,o DENTON, DENTON COUNTY, TE~S Morch ~5, 200J EXHIBIT E 7, g56 SQ. FT. DEDICATION EX.I- T BLOCK43, COLLEGE ADDITION P^QE PROPERTY DESCRIPTION BEING o 7, g56 squore foot troct of Iond ~n Block 43 of the College Add, lion, on Add, lion to the City of Denton, Texos, os recorded by plot In Volume 44, Poge 600, Deed Records, Denton County, Texos, ond being more port~culorly described os follows BEGINNING ot o 3/8" iron rod found for corner ot the intersection of the north line of Chestnut Street (50' R 0 W) with the west line of Avenue D (80' R 0 W.) os shown by the plot of sold College Addition, THENCE S89'51'20"W, olong sold north line, o d~stonce of 599 74 feet to o 5/8" iron rod set for corner ot the intersection of sold north hne with the eost hne of Avenue E (50' Row), THENCE NOO'OO'$O"W, deporting sold north hne ond o/onE sold eost hne, o d~stonce of 8 O0 feet to o 5/8" ~ron rod set for corner, THENCE N89'51'20"E, deporting sold eost line Grid porollel to sold north line, o d~stonce of ,394 10 feet to o 5/8" iron rod set for corner ot the begmmng of o curve to the left howng o centrol ongle of 18'16'02", o rod~us of 221 32 feet Grid o chord beor~ng Grid d~stonce of NSO'57'50"E, 70 26 feet, THENCE olong sold curve to the left on otc d~stonce of 70 56 feet to o 5/8" iron rod set for corner ot the beg~nmng of o reverse curve to the r~ght howng o centrol ongle of 17'43'16", o rod~us of 278 68 feet ond o chord beormg Grid d~stonce of NSO'57'50"E. 8585 feet, THENCE olong sold reverse curve to the right on otc d~stonce of 86 19 feet to o 5/8" ~ron rod set for corner, THENCE NSg'59{'2~"E, porollel to t. he obovemen~oned north hne of Chestnut Street, o d~stonce of 51 ~ feet to o 5/8 ~ron rod set for corner m the oforemenboned west hne of Avenue D. THENCE SO0'O0'30"E, olong so~d west hne, o d~stonce of 32 01 feet to the POINT OF BEGINNING ond contommg 7,956 squore feet of Iond, more or less BASIS OF BEARINGS The bos~s of beormgs shown hereon ~s the south hne of Chestnut Street, S89'51 20"W, os shown on the Denton C~ty Oral,nonce No 76-47 recorded m Volume 4942, Deed Records, Denton County, Texos ~1~ ~ ~7~,~ ~1 ,- BROCKE:TTE DAVIS DR^KE , C~vll &: Structurol Engineering Surveying '~--~ 4144 Centrol Expwy,Su~te 1100 Dollos,Texos 75204 (214)824-3647 Job No C01015 401 Jonuory, 2002 Sheet 1 of 2 27 EXHIBIT F EXHIBIT K ~ ® ~ 7,956 SQ. FT. DEDICATION ,^a. lo o~ lo S~LE ~'=~oo BLOCK 43, COLLEGE ADDITION ~ oo~o'~o' w e oo' A V E N U E E 50 ROW ~/e"~sj I ~/e"~Rs ~/~ ~ms R = 221.12' L = 70 56 C8= N 80'5750" 5/8 IRS Ch = 7026 = 278 68' POINT OF BEGINNING L = 86 ~ 7,956 SQUARE FEET Ce= N 80~7'5~ Ch = 85 85' STREET 5/8 ~RS 8~ 5~ ~ 51 46' ~consult~ng engineers Cwd ~ Structurol Engineering Surve~ng 4144 Centrol Expwy,Su~te 1100 Dollo~,Texo~ 75204 (214)824-~647 Job No C01015 401 Jenu~ry. 2002 Sheet 28 AGENDA INFORMATION SHEET AGENDA DATE. February 19, 2002 DEPARTMENT: Englneenng CM/DCM/ACM: Dave Hill, 349-8314-~ SUBJECT Consider adoptmn of an Orchnance abandoning and vacating the nght-o£-way of Edwards Street between Avenue E and Avenue D and vacating the right-of-way £or the parhal abandonment and reroutlng of Chestnut Street between Avenue E and Avenue D to accommodate the construction of'a new Student Recreation Center at the Umverslty of'North Texas, and declaring an effective date thereof` BACKGROUND The Umverslty of North Texas has requested that the City abandon Edwards Street between Avenue E and Avenue D and the partial abandonment and reroutlng of Chestnut Street for the new Student Recreation Center which is due to start construction in March of 2002 The C~ty and U N T will enter into an lnterlocal Agreement that calls for the conveyance to the City of certmn other street right-of-way in exchange for the City's abandonment of these right-of-way areas OPTIONS 1 Approve the Orchnance, or 2 Demal, or 3 Table for future eonslderaUon RECOMMENDATION Staft recommends approval o f the Ordinance ESTIMATED PROJECT SCHEDULE Spnng 2002 PRIOR ACTION/REVIEW None FISCAL INFORMATION None 1 ATTACHMENTS ~ Location Map ~ Draft Or&nanee )* Exhibits A - D Prepared by Real Estate Specmhst Respectfully submitted Charles F~edler, D~rector Eng~neenng Department Not to Scale 3 ORDINANCE NO AN ORDINANCE ABANDONING AND VACATING THE RIGHT-OF-WAY OF EDWARDS STREET BETWEEN AVENUE E AND AVENUE D AND VACATING THE RIGHT-OF-WAY FOR THE PART]AL ABANDONMENT AND REROUTING OF CHESTNUT STREET BETWEEN AVENUE E AND AVENUE D TO ACCOMMODATE THE CONSTRUCTION OF A NEW STUDENT RECREATION CENTER AT THE UNIVERSITY OF NORTH TEXAS, AND DECLARING AN EFFECTIVE DATE WHEREAS, the City of Denton has received a request for the vacation and abandonment of certain right-of-way from the underl3qng and abutting fee simple owner, the University of North T~xas ("UNT"), and WHEREAS, the prope~y to be abandoned is described in Exhibits "A" and "C" and illustrated m Extub~ts "B" and "D", respectively, attacbed h~reto and made a part hereof by reference (the "Abandoned Right-of-Way"), and WHEREAS, the Development Rewew Committee of the City of Denton, Texas reviewed the requested abandonment of the Abandoned Right-of-Way and has recommended approval, and WHEREAS, the City Council of the City of Denton, Texas has determined that the Abandoned Paght-of-Way is no longer needed for public use, and WHEREAS, the City and UNT have entered rote an lnterlocal agreement which calls for the conveyance to the City from UNT of certain other street right-of-way in exchange for the City's abandonment oftbe Abandoned Right-of-Way, and WHEREAS, because LINT xs the underlying and abutting fee simple owner of Abandoned Prepetty, the conveyance of the City's interest m the Abandoned Property may be for less than fair market value as provided for m §272 001(b) of the Texas Local Government Code, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS Section 1 The Abandoned Property ls hereby abandoned and all right, tltle and interest of the Ctty m and to the Abandoned Property is hereby qmt claimed to the abumng owner, UNT, subject to the rights of all utilities currently existing in the Abandoned Property to continue to operate and maintain existm§ utlhty faclhtlas in the Abandoned Property The City Manager or his designee Is hereby authorized to execute on behalf of the City a quit claim deed to UNT to further evidence this abandonment Sectton 2 This orchnance shall become effective lmme&ately upon its passage and approval PASSED AND APPROVED this the day of ,2002 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY Page 2 5 EXHIBIT A CHESTNUT STREET ABANDONMENT BLOCK 43, COLLEGE ADDITION 3,366 SQUARE FEET PROPERTY DESCRIPTION BEING o 3,366 square foot tract of land s~tuoted ~n the ex~shng 50' right of way of Chestnut Street, os dedicated to the C~ty of Denton in College Add, ban, on Add, lion to the C~ty of Denton, os recorded by plot in Volume 44. Page 600, Deed Records, Denton County, Texas, and being more particularly described os follows BEGINNING at o 5/8" iron rod set for corner at the northeast corner of Block 43 of so~d Addition, so~d corner also being at the m~ersectlon of the south hne of so~d Chestnut Street w~th the most westerly northwest corner of Avenue D os abandoned by City Ordinance No 76-47, THENCE S89'51'20"W, along so~d south hne, o d~stonce of 206 13 feet to o 5/8" ~ron rod set for corner at the beglnmng of o curve to the left howng o central angle of 20'57'47", o radius of 279 ..t2 feet and o chord bearing and d~stonce of N79'I2'55"E, 101 63 feet. THENCE deporting sa~d south hne and along sa~d curve to the left an arc d~stonce of 102 20 feet to o p k nail set for corner, THENCE N89*51'20"E, parallel to so~d south hne, a d~stance of 186 30 feet to o 5/8" ~ron rod set for corner at the ~ntersect~on of sa~d south line w~th the northwest corner of Block 57 of the aforementioned College THENCE S76'$9'46"W, along so~d south hne and along o north line of the aforementioned Avenue D abandonment, a d~stance of 82 22 feet to the POINT OF BEGINNING and containing 3,366 square feet of land, more or less BASIS OF BEARINGS The bos~s of beorlngs shown hereon ~s the south hne of Chestnut Street, SSg 51'20"W, os shown on the Denton City Ord~nonce No 76-47 recorded ~n Volume 4942, ,ag 2416, Deed Records, Denton County, Texos BROCKETTE DAVIS - Ez consult ng engineers ' C~wl &: Structurol Eng~neenng Surveying 4144 Centrol Expwy,Su~te 1100 Dollos,Texos 75204 (214)824-3647 Job No C01015 401 Jonuory, 2002 Sheet 1 of 2 6 EXHIBIT B CHESTNUT STREET ABANDONMENT BLOCK 43, COLLEGE ADD/T/ON i 3,366 SQUARE FEET SCALE I~50' f~ 50' R~ght of Woy I CHESTNUT ' STREET +:,,,, 80' ROW CHESTNUT S, TREE~....,~' P 0 B, ~ ~/~"'~ T' ,6 S 89'5~'20" W 206 15' %1~ ~5-/%~"22' ~- R = 279 52' R 0 W L = 102 20' Abondoned CB= N 79'72'55" E by Ordtnonce Ch = 701 63' No 76-47 ~ BROCKETTE DAVIS DRAKE , mc ~';~;~] ~consultmg engineers Cwd ~ Structurel Engmeenng Surve~ng 4144 Centrol Expwy,Sulte 1100 Dollos,Texos 75204 (214)824-3647 Job No C01015 401 Jonuory, 2002 Sheet 2 of 2 7 EXHIBIT C EDWARDS STREET ABANDONMENT BLOCK 43, COLLEGE ADD/T/ON 26,988 SQUARE FEET PROPERTY DESCRIP~ON BEING o 26, g88 squore foot troct of Iond s~tuoted in the E Pucholskl Survey, Abstroct No g96, in the City ond County of Denton, Store of Texos, ond being o port of 'Block 4,3, College Addition, ond being more port~culorly described os follows BEGINNING oto 3/8" iron rod found for corner in the south line of Edwords Street (45' R 0 W) ot its intersection with the west line of Avenue D (80' R 0 W) os shown on the Mop of sold College Addition, THENCE NB9'55'52"W, olong sold south hne of Edwords Street, o d~stonce of 599 73 feet to o 5/8" iron rod set for corner ot the intersection of sold south line w~th the eost tine of Avenue E (50' R 0 W ), THENCE NOO'O8'18"E, deporting soid south line Grid olong sold eost hne of Avenue E, o d~stonce of 45 O0 feet to o 5/8" iron rod set for corner ot the intersection of sold eost hne with the north hne of sold Edwords Street, THENCE S89'55'52"E, deporting sold eost hne Grid olong the sold north line of Edwords Street, o d~stonce of 599 73 feet to o 5/8" iron rod set for corner in the ofore- mentioned west hne of Avenue D, THENCE S00'08'~8"W, deporting sold north hne ond olong the sold west hne of Avenue D, o d~stonce of 45 O0 feet to the POINT OF BEGINNING ond contom~ng 25,988 squore feet or 0 6196 ocres of Iond, more or less BASIS OF BEARINGS The bos~s of beor~ngs shown hereon ~s the south hne of Edwords Street, NSg'55'52"W, os shown on the Worronty Deed recorded in Volume 2049, Poge 396, Deed Records..~... Denton County, Texos E::)Dconsult ng engineers C~wl & Structurol Engineering Surveying 4144 Control Expwy,Su~te 1100 Dollos,Texos 75204 (214)824-3647 Job No C01015 401 October, 2001 Sheet 1 of 2 EXHIBIT D ~ ® ~ EDWARDS STREETABANDONMENT SCALE ~'--~00 BLOCK 43, COLLEGE ADDITION 26,988 SQUARE FEET "X' FOUND AVENUE E 5!o 50 ROW ~ 5/8"~R$ 5/8 ms POINT OF BEGINNING 26,988 SQUARE FEET STREET ABANDONMENT O0 08'18' /8 'IRF I IRS AVENUE D 80 ROW I I ~BROCKETTE DAVIS DRAKE , mc r"->r--~consul t~ng engineers C~wl &Structurol Engmeenng Surveying 41~44 Central Expw¥,Su~te 1100 Dallas,Texas 75204 (214)824-3647 Job No C01015 401 October, 2001 Sheet 2 of 2 9** AGENDA DATE. February 19, 2002 DEPARTMENT Eng~neenng Dawd Hill, 349-8314 ,~ CM/DCM/ACM: SUBJECT Consider adoption of an ordmance approwng the purchase ora 0 568 acre pubhc utility easement and a 0 354 acre temporary construction easement between the C~ty of Denton and Jeffrey W Nee and Jeanne T Nee, easements located ~n the J Cheek Survey, Abstract No 227 and the H Wflham Survey, Abstract No 1417, Denton County, Texas, authorizing the expenditure of funds therefor, and prowdmg an effective date (Lake Ray Roberts Water Transmission Line Project) BACKGROUND Negotiations for the easements have been ongoing for the last mx months We have reached an eqmtable understanding and have come to terms w~th the owners regarding acqms~t~on of the necessary easements OPTIONS 1 Approve the ordmanee, or 2 Demal, or 3 Table for future consideration RECOMMENDATION Staff recommends approval of the ordinance and acqms~t~ons ESTIMATED PROJECT SCHEDULE Project start date m March 2002 PRIOR ACTION/REVIEW C~ty Council briefing ~n closed session September 4, 2001 C~ty Council action on September 4, 2001 to authorize final offer & eminent domain C~ty Council action on November 6, 2001 further defimng rights to be acqmred & eminent domam FISCAL INFORMATION $40,000 for easements and ~mprovements plus an additional $2,299 contmgency payment after two years should temporary construction easement need to be renewed for an additional year 1 ATTACHMENTS ~ Locatlon map ~' Draft ordanance Prepared By Paul Wflham$on Real Estate & Capital Support Manager Respectfully submitted Charles F~edler, D~rector Eng~neenng Department Location Map C~ty of Denton Eng~neer~ng/GIS August 24, 2001 N Cleor Creek / ORDINANCE NO AN ORDINANCE APPROVING THE PURCHASE OF A 0 568 ACRE PUBLIC UTILITY EASEMENT AND A 0354 ACRE TEMPORARY CONSTRUCTION EASEMENT BETWEEN THE CITY OF DENTON AND JEFFREY W NOE AND JEANIE T NOE, EASEMENTS LOCATED IN THE J CHEEK SURVEY, ABSTRACT NO 227 AND THE H WILLIAM SURVEY, ABSTRACT NO 1417, DENTON COUNTY, TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (LAKE RAY ROBERTS WATER TRANSMISSION LINE PROJECT) THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The C~ty Manager ss hereby authonzed to purchase a pubhc utility easement and temporary constmcuon easement m substantially the form of the Easement which ~s attached hereto and made a part of th~s ordinance for all purposes regarding the Lake Ray Roberts Transmission Waterhne Project SECTION 2 The C~ty Manager ~s authorized to make the expenditures as set forth m the attached Agreement SECTION 3 TMs ordinance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED thru the day of ,2002 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY S \ROW Shared\Projects\Ray Roberts Water Pro3ect\Ray Roberts_moved from PHW HD\Ray Roberts H20\NOe\Noe Easement-E-i-30-02 doc UTILITY EASEMENT That JEFFREY W NOE AND JEANIE T NOE, (Grantor), an consaderataon of the payment of Forty Thousand Dollars and No Cents ($40,000 00) by the CITY OF DENTON, Texas, (Caty), a munacapal corporataon of the State of Texas, receapt of whach as hereby acknowledged, grants and conveys to the Caty a permanent easement for water, sanatary sewer, storm water draanage papes, lanes, and other publac utalaty facalataes as hereanafter defaned, across the real property owned by Grantor, as descrabed an Exhabat "A" and allustrated an Exhabzt "C" attached to and ancozl~orated anto thas document by reference The grant made ancludes and as subject to the followang i Purpose Thas easement grants to the Caty the raght to cons,truct, anstall, reconstruct, repaar, relocate, operate, and maantaan water, sanatary sewer, and storm water papelanes, valves, facalataes and appurtenances and other publac utalat~es and related facalataes, ancludang underground communacataon lanes an, on, over, under and across the permanent easement Thas easement does not pezxaat electrac or gas utalataes 2 Temporary Constructaon Easement In addmtaon to the permanent easement, the Caty as granted a temporary constructaon easement for the xnataal ccnstructaon of one water transmassxon papelane. The temporary constructaon easement shall be tharty (30) feet ~n wadth as desorabed an Exhab~t "B" and allustrated an Exhabat KC", both attached herewath Upon conclusaon of the anataal constructaon, the temporary constructmon easement shall termanate and the Caty shall remove all debras, surplus materaal, and constructaon equapment and leave the property substantaally equal an appearance to the condataon exastang prxor to constructaon, except for any trees or shrubs removed The temporary constructaon easement shall termanate under ars own tetras two years from the date hereof, provaded, however, that the Caty may extend the temporary constructaon easement for an additaonal year peraod upon payment to Grantor of the addatxonal sum of $2,299 00 praor to the end of the oraganal term 3 Bualdang and Structures Except as provmded herean, Grantor shall not construct, erect or place any bualdangs, s~gns, cr other pez~anent structures, or portmons thereof, an, on, or over the easement The Caty wxll replace or repaar any sadewalk, parkang lot, or draveway that exasts on the easement on the date of execution of th~s ~nstrument ~f removed or damaged by the C~ty during ~n~t~al construction of the water transm~sslon l~ne If the Grantor constructs or places a building, s~gn, parking lot, driveway, private walkway or other structures or ~mprovements over the easement after execution of th~s easement document, the City may remove all or part of the structures or ~mprovements as necessary to construct, reconstruct, replace, repair, alter, relocate, operate or otherwise exercise 1ts r~ghts here~n w~thout any obligation to replace or repair the structures or improvements and without any l~ab~l~ty to Grantor, lnclud~ng the obl~gataon to make further payment to Grantor 4 Fences and Gates Grantor has a substantial masonry gate and entry feature along the western boundary of the subject property w~thln the permanent easement area as shown on Exhlbat "C" (the ~Exlstlng Gate") As part of the compensation for thas easement the City has compensated Grantor for the cost to relocate the Exastlng Gate However, the Caty agrees that the an~taal constructaon of the water transm~ssaon lane wall not requare the removal of the Exlstang Gate at thas time However, should the ~nstallat~on of an additional water transmassaon lane require the removal of the Ex~st~ng Gate then the Exast~ng Gate may be caused to be removed by the Caty by gavlng Grantor at least 90 days wratten not.ce to remove and relocate the Exastang Gate If Grantor feels to remove the Exast~ng Gate wath~n that tame peraod the Caty shall remove the Existing Gate w~th no add~taonal compensataon due Grantor and w~th no l~ab~l~ty whatsoever to the Grantor In such case Grantor wlll be permitted to relocate the Exastang Gate wathan the easement area but only to the extent that at does not anterfere wath the C~ty's reasonable use of the two water transmission lanes Any New Gate or Exlstang Gate relocation wath~n the permanent easement area shall require approval of the Caty Enganeer prlor to anstallataon, such approval shall not be unreasonably wathheld Should Grantor desire to relocate the Exast~ng Gate prlor to the City's request to do so Grantor may relocate the Exast~ng Gate to another location w~than the easement area that · s no further from the subject eastern boundary l~ne than the Exastang Gate as currently s~tuated The new gate must be of samalar damensaons as the Exlstang Gate Such relocataon shall be at Grantor's sole task and should the lnstallataon of the second water transmass~on l~ne require the removal of the relocated gate at shall be removed at Grantor's expense (no addataonal compensataon to Grantor) as provided above for the removal of the Ex~st~ng Gate After the second water transmission lane as installed and completed the permitted Page 2 relocated gate anstallat~on by Grantor shall be allowed to exast and wall not have to be removed as a result of addataonal utalaty anstallataon except at the expense of the Caty After completion of the an~taal constructaon, the Caty shall reansta11 any fence anatially removed or relocated an their oraganal locataons The Grantor, but not the Caty, may construct new fences and other gates wathan the easement after the date of th~s anstru~ent but except as provaded below, the fences and gates shall be placed s~bstantaally parallel to the easement and as close to the boundary of the easement area as as reasonably practacable Any fences placed across the easement shall contaan gates or removable panels so that the easement as readaly accessible by the caty's employees and agents at all tames If gates are to be kept locked by Grantor, the Caty shall b~ provaded the keys or other means, as applacable, so the Caty may open all locks for access wathout praor notLce to Grantor. 5 Access For purposes of exercLsang ats raghts, the C~ty sh&ll have access to the easement by way of exast~ng publac property or raght-of-way and not from other lands owned by Grantor outsade the easement 6 Trees and Landsoapang Grantor shall not plant any tree upon the easement property Caty may cut, tram, or completely remove any trees or portaons of trees now or hereafter located wathan the easement wathout laabalaty to Grantor, ancludang the oblagataon to make further payment to Grantor Grantor may plant shrubs, vanes, grass, arragataon systems and other systems landscape features wathan the easement, but the Caty may remove all or part of any shrubs, vanes, grass, or other landscape features as as necessary to construct, reconstruct, replace, repaar, alter, relocate, or operate ars ut~lataes without any laabalaty to Grantor, Lncludang the oblagataon to make further payment to Grantor 7 Crops The payment herean made ancludes any damage or loss to crops sustaaned an the future by Grantor resultang from the Caty's constructaon, reconstructaon, repaar, replacement, or other use of the easement for the purposes granted 8 Grantor's Raghts. Grantor shall have the raght to make use of the easement for any purpose that does not anterfere wath the C~ty's raghts an the easement for the purpose granted, subject.to the restr~ctaons contaaned hereLn Page 3 9 Neither party has made any representataons or promises outsade the wrltten provisions of th~s easement document relatang to the subject matter of th~s easement document 10 Successors and Assigns Th~s grant shall run wath the land and shall be binding upon the partaes and thear hears, successors, and assigns 11 The Grantor shall be permatted to connect to the proposed dLstrLbutaon stub-out tee to be located wLthan the 50 foot wade easement from Ben and Rhonda Kang to the CLty Dated AprL1 17, 2001 and recorded Ln Vol 4952, Pages 1856 of the Real Property Records of Denton County, Texas to provade water servace to the exastang resLdence The locataon of the water dastrLbutLon stub-out tee shall be located a close to the common Kang/Noe property 1Lne as practLcal A Caty of Denton Customer ServLce account shall be set up by the Grantor at the time of physical connection The Grantor shall be responsible for all typlcal connectLon fees Lncludang Lmpact fees At the tame Grantor's property as developed for uses other than ats exastang uses of one sLngle famLly resLdence and agracultural uses, water dastrLbutLon llne connectLon wall be allowed to serve those uses, assumang there Ks suffacaent capacaty to serve those uses on Grantor's property and the Caty as able to meet the overall capacLty needs of the Clty at the tame of such request for connection In such case the Grantor shall be responsable for all typacal connectLon fees Lncludang ampact fees and other requareatents ancumbent on land development at the tame of proposed development SIGNED thLs day of , 2002 JEFFREY W NOE JEANIE T NOE Subscrabed and sworn to before me, by JEFFREY W NOE AND JEANIE T NOE thLs the day of , 2002 Notary Publac, State of Texas Page 4 Accepte~ th~s __ day of , 2002 for the C~ty of DentOn, Texas (Resolution No 91-073) Paul W~ll~amson Real Estate & Capital Support Manager Grantee's ~dress Paul Wlll~amson City Hall East 601 East H~ckor~ Street, Suite B Denton,,Texas 76205 Page 5 Surveyors & Engineers of North Texas IE21 Amanda Court Ponder Texas 78259 Ph (940) 482 2906 FAX (940} 482 2911 TOll Free (877) 481 SENT wv, w sentcorp eom RAY ROBERTS WATER LINE PARCEL #4 TRACT 1 50' UTILITY EASEMENT FIELD NOTES to all that certain tract of land sttuated m the J Cheek Survey Abstract Number 227 and the H Wdhams Survey Abstract Number 1417, Denton County, Texas and being a part of the called 92 701 acre tract described m the deed from Denms E Ferrari et ux to Jeffrey W Noe et ux recorded m Volume 2879, Page 544 and part of the called ten acre tract described m the deed from Denms E Ferrari et ux to Jeffrey W Noe et ux recorded ~n Volume 2875, Page 991 of the Deed Records of Denton County, Texas, the subject tract being more pamcularly described as follows BEGINNING for the Southeast comer of the tract being described here~n at the Southeast comer of the smd 92 701 acre tract and the Northeast comer of the called 283 734 acre tract described m a deed from Donald J Carter et ux to Equestrmn Development Corporatmn of North Texas recorded under Clerk's Fde Number 00-R0085449 of the Deed Records from whmh a fence comer post bears South 88 Degrees 03 Minutes 44 Seconds a d~stance of 2 feet, THENCE North 89 Degrees 11 M~nutes 05 Seconds West generally along a fence w~th the South hne of the 92 701acre tract and the North hne of the 283 734 acre tract a dmance of 58 2 feet, THENCE North 31 Degrees 39 Minutes 10 Seconds East 50 feet Northwest of and parallel w~th the Northwest rtght-of- way hne of FM 428 a dtstance of 506 6 feet to the South line of the called 23 994 acre tract described ~n the deed from Gerald J Monhem~tzky to Ben F Krug et ux recorded ~n Volume 4129, Page 1478 of the smd Real Property Records, THENCE South 65 Degrees 33 Minutes 14 Seconds East w~th the South hne of the Krug tract and the North hne of the Ten acre tract a dtstance orS0 4 feet to the Northeast comer thereof and the Southeast comer of the Krug tract, THENCE South 31 Degrees 39 Minutes 10 Seconds West w~th the Northwest right-of way of FM 428 and East hne of the Ten acre tract passing the Southeast corner thereof and cont~nmng w~th the East hne of the 92 701 acre tract a d~stance of 483 I feet to the PLACE OF BEGINNING and enclosing 0 568 acres ....:..... ¢ IO Surveyors & Engineers of North Texas 1621 Amanda Court Ponder Texas 76259 Ph (940) 482 2906 FAX (940) 482 2911 Toll Free (877) 481 SENT www sentcorp com RAY ROBERTS WATER LINE PARCEL #4 TRACT 2 30' TEMPORARY CONSTRUCTION EASEMENT FIELD NOTES to all that c6rtam tract of land sit-dated m the J Cheek Survey Abstract Number 227 and the H Williams Survey Abstract Number 1417, Denton County, Texas and being a part of the called 92 701 acre tract described in the deed from Dennis E Ferrari et ux to Jeffrey W Noe et ux recorded In Volume 2879, Page 544 and part of the called Ten acre tract described m the deed fi-om Denms E Ferrari et ux to Jeffrey W Noe et ux recorded m Volume 2875, Page 991 of the Real Property Records of Denton County, Texas, the subject tract being more pamcularly described as follows BEGINNING for the Southeast comer of the tract being described herein on the North line of the called 283 734 acre tract described m the deed fi-om Donald J Carter et ux to Equestrian Development Corporation of North Texas recorded under Clerk's File Number 00-R0085449 of the Real Property Records and the South hne of the smd 92 701 acre tract and being North 89 Degrees 11 Minutes 05 Seconds West a distance of 58 2 feet fi-om the Southeast comer thereof and the Northeast comer of the 283 734 acre tract, THENCE North 89 Degrees 11 Minutes 05 Seconds West generally along a fence w~th the South lme of the 92 701acre tract and the North line of the 283 734 acre tract a distance of 34 9 feet, THENCE North 31 Degrees 39 Minutes 10 Seconds East 80 feet Northwest of and parallel with the Northwest right-of- way hne of FM 428 a d~stance of 520 8 feet to the South line of the called 23 994 acre tract described m the deed from Gerald J Monhenntzky to Ben F King et ux recorded in Volume 4129, Page 1478 of the smd Real Property Records and the North line of the said Ten acre tract, THENCE South 65 Degrees 33 Minutes 14 Seconds East with the South hne of the Krug tract and the North llne of the Ten acre tract a distance of 30 2 feet, THENCE South 31 Degrees 39 Minutes l0 Seconds West 50 feet Northwest of and parallel with the Northwest right-of way of FM 428 across the ten acre tract passing the South llne thereof and contmmng across the 92 701 acre tract a d~stance of 506 6 feet to the PLACE OF BEGINNING and enclosing 0 354 acres ~ ~ ~ o o~_ PARCEL ~4 ~ '% NOELANDS su e North UTILITY EASEMENT EXHIBIT sca~ ~'~o CHEEK SY A ~1 & WILLIAMS SY A 14~7 , ~ DRAWN KYJE COUN~ OF DENTON T~S CHECKEO WMC AGENDA INFORaMATION $tiEET AGENDA DATE: February 19, 2002 DEPARTMENT Fire Department ACM Jon Fortune, Pubhc Safety and Transportation Operations ~ SUBJECT Consider and adopt an ordinance amending Chapter 29 of the Code of Ordinances of the C~ty of Denton, Texas to prowde for the adoptmn of the International F~re Code, 2000 Ed~tmn, promdmg for amendments thereto, re-estabhshmg permit fees, prowdmg for a penalty m the amount of $2,000 for wolat~ons thereof, prowdmg for a severabhty clause repeahng all ordinances ~n conflmt therewith, and providing for an effective date BACKGROUND_ The 2000 International Bmldlng, Meehanmal, Plumbing, and Residential Codes have already been adopted by the C~ty Council However, the City of Denton ~s st~ll under the Uniform F~re Code, 1997 echt~on Conflmts between the Umform F~re Code and the International Codes already adopted could lead to confusion ffthe 2000 International F~re Code ~s not adopted The major difference between codes ~s that the International Codes lean more toward a performance- based design than the prewous uniform codes The most noticeable change wall be the format of the International Code Ftre Sprmklers Typmally, the most controversial ~ssue when adopting a new fire code ~s the reqmrement for fire spnnklers The spnnkler reqmrements for the most part w~ll remmn the same w~th the adoptmn of the Internatmnal F~re Code However, m addition to the current reqmrements to spnnkler occupancies of 10,000 square feet of non-combustible and 7,500 square feet of combustible construction, m~m warehouses 7,500 square feet and larger wall now reqmre a fully automatm fire suppression system Th~s ~s because of the dangers revolving multiple storage umts w~th httle separatmn and unknown types of storage Because they are not ~nspected due to the privacy rights of the individuals renting them, these storage umts represent a very h~gh risk to the firefighters who respond to fires m them Therefore, we propose that mm~ storage warehouses over 7,500 square feet be reqmred to have fire spnnklers A fire suppressmn system ~s designed to contain or extlngmsh the fire It detects the fire from a temperature rated fusible element that melts and allows water to flow through a predetermmed entice s~ze and flow rate A common myth about sprinklers is that all the heads open at once Th~s not true, only the head or heads being affected by the fire open and flow water Wh~le suppression systems can mitigate many of the dangers that accompany a bmldmg and ~ts contents, they do not replace firefighters Once a spnnkler head d~scharges and contains the fire, firefighters still must enter the building and finish thc extinguishment and shut off the suppression activities of the spnnkler system In residential structures and lodging facilities fire suppression systems are designed to glvc a quick response These quick response systems will detect a fire sooner and allow for the occupants to escape the burning building quicker and without hfe threatening exposure to the tim and Its by products The Fire Department remains cognizant of the impact that spnnklers can have on construction costs However, there are trade offs avmlable within the code(s) When you install a suppression system, other bmldlng requirements may be reduced or allowances made for building usage The installation of a suppression system may allow a larger building Fire sprinklers also significantly save the owner on fire Insurance costs The amendments to the 2000 International Fire Code recommended by the North Central Texas Regional Council of Governments require installing fire suppression system in residential structures 6,000 square feet or greater The Councd of Governments amends the IFC in several other areas making the requirements Involving fire suppression systems more restrictive than the ones Staff proposes in the adoption of th~s code It is our goal to have a simple straightforward amendment that allows for a reasonable degree of fire safety Other Metroplex c~tles (Plano, Frisco, Alien, Addison) have adopted retrofit rules mqumng all buildings 5,000 square feet or greater to Install suppression systems We feel that our amendments of 7,500 square feet (combustible) and 10,000 square feet (non-combustible) are reasonable and based on our fire fight~ng resources and capabilities We feel confident that the Fire Department can adequately and safely combat fires in bmldlngs of combustible construction less than 7,500 square feet and non-combustible occupancies less than 10,000 square feet Buildings larger than those pose risks and dangers that we feel are not acceptable to the fire department and the community and should be spnnklered F~re suppression systems save lives and property In Denton, some of the business that have been saved by their fire suppression systems are Victor Equipment Company, Peterbullt Offices, Tetra pack, TWU Gumn Hall, LINT Kerr Hall, Safety Kleen Corp, Billy Ryan High School, MLK Recreation Center, Golden Triangle Mall, Cooper Glen Apartments, Mozart Square Apartments, Country Park Apartments, the Golden Triangle Mall on several occasions in several businesses and many others Each of these businesses is a vital part of the City's economy These businesses remmn open and operating today because of their fire spnnklers~ Statistics show that approximately 70% of the small businesses that experience devastating rims never re-open for business This causes a loss of income, employment and taxes to the City Some recent fires m non-spnnklered businesses that have not m-opened are the Shell Station at Primrose and Umverslty, Texas Pick-up, Arcadia's restaurant, and them are several others PRIOR ACTION/REVIEW (Council, Boards, Commissions) F~re Staff and Dottle Palumbo from the C~ty Attorney's Office met w~th members of the Chamber of Commerce Fire Spnnkler Adwsory Committee on February 14, 2002, to discuss the fire spnnkler reqmrements ~n the proposed 2000 International Fire Code Wayne Allen and Russell Bates along w~th Chuck Carpenter attended the meeting Mr Bates and Mr Allen are opposed to the fire spnnkler reqmrements that are more restrictive than the code allows Attached m their memo to the Denton City Council dated February 12, 2002 detmhng their responses to many of the points made m th~s staff report Staff pointed out that most of the commumt~es ~n the Metroplex have even more restrictive reqmrements, however, we feel that an acceptable balance between fire safety and bmldmg reqmrements exists m the proposed fire code w~th ~ts amendments They were advised that the proposed fire spnnkler requrrements are basmally the same as our current ordinance and are based on the risk the F~re Department feels is acceptable to the C~ty and commumty There was no official action taken by the Chamber Fire Staff also met w~th members from the City's Bmld~ng and Planmng Departments on February 14, 2002, and presented an overview of the proposed International F~re Code and answered questions FISCAL INFORMATION There ~s no fiscal ~mpact from the adoption of th~s ordinance EXHIBITS Bates and Allen Memo to C~ty Cotmcfi, February 12, 2002 Proposed Ordinance Respectfully submitted To Denton C~ty Council Date February 12, 2002 From Wayne Ahen Russell Bates RE Agenda No 02-006 Department F~re Department Agenda Item No 21 Reference Prior Act~on/Rewew Date 2/5/02 We have rewewed the above-referenced package that was dehvered to the Chamber of Commerce late Wednesday afternoon, January 23rd w~th a request that ~t be rewewed the following morning at the Chamber's regular Development Code Rewew Committee meeting Th~s gave us httle t~me to rewew the contents prior to the meeting The F~re Marshal was invited to attend to interpret the proposed ordinance that would be presented to Council the following week, and bme was of the essence The Chamber prematurely completed our Development Rewew meeting to meet with the F~re Marshal for this purpose The internat~onal codes are ~n the process of being adopted by a large percentage of c~t~es throughout the Un~ted States Presently, there ~s the Umform Building Code and Southern Building Code used ~n the Metroplex The International code ~s a step towards standardization We agree that th~s w~ll make our job easier and we would support the same The ~nternat~onal codes are cross-coordinated between the building, mechanical, plumbing, electrical, and f~re codes and support one another The proposed revisions are a rehash of what ~s presently on the books ~n ordinance form and do not lead us forward toward the goals that we have been led to beheve the comprehensive plan would accomphsh A drainage tax for Impervious services has recently been ~mplemented yet we are st~ll asked for a 20-foot w~de f~re lane around our buildings In 1996 we were told that spnnklered buildings would reduce the number of fire stations and f~ref~ght~ng personnel, but today we are told this ~s not the case We were also told in 1996 "most fire departments spend up to 90% of emergency t~me on ~nc~dents other than fires, such as emergency medical care, hazardous mater~al incidents, etc" If that ~s the case, are we are leawng the safety of Denton citizens at r~sk~ We were also told "80% of fire deaths occur in residential structures ""Spnnklmg ~s a casualty loss, not hfe ""Smoke detectors have reduced fire fatahtles by 50%" We would like to comment ~tem by Item on the package you have received from the F~re Chief F~re Spnnklers (Paragraph 1) "Typically, the most controversial ~ssue when adopting a new fire code ~s the requirement for fire sprinklers The sprinkler requirements for the most part w~ll remain the~same with the adoption of the International F~re Code However, ~n addition to the current requirements to sprinkler occupancies of 10,000 square feet of non-combustible and 7,500 square feet of combustible construction, m~m warehouses 7,500 square feet and larger w~ll now require a fully automatic fire suppression system Th~s is because of the dangers Involwng multiple storage umts w~th I~ttle separation and unknown types of storage Because they are not ~nepected due to the privacy rights of the mdlwduals renting them, these storage units represent a very h~gh risk to the firefighters who respond to fires in them Therefore, we propose that min~ storage warehouses over 7,500 square feet be requlrad to have fire sprinklers ' Response We feel the requirement to sprinkle a building of 10,000 square feet non-combustible ~s unwarranted Larger buildings w~th stacking and a~sle requirements are set out ~n the codes, along w~th annual ws~ts by the code enforcement department which w~ll take care of the b~ggest dangers as set forth ~n the International Codes (Paragraph 2) "A fire suppression system ~s designed to contain or exhngu~sh the fire It detects the fire from a temperature rated fusible element that melts and allows water to flow through a predetermined orifice s~ze and flow rate A common myth about sprinklers ~s that all the heads open at once Th~s (is) not true, only the head or heads being affected by the fire Open and flow water Wh~le they do not replace fireflghters (s~c) Once a sprinkler head d~scharges and contains the fire, firefighters sbll must enter the bu~ld~ng and finish the extinguishment and shut off the suppression acbv~t~es of the spnnkler system" Response The International F~re Code (IFC) addresses the need for spnnklers on a per risk basis We agree that property uses should determine this need, not necessarily blanket square footage In many cases, water damage by spnnklers is excessive As an example, dunng the remodel of City Hall West, a sprinkler head was knocked off No One had access to the locked room where the cut-off was located If th~s were to occur today, substantial damage to lower floors would occur (Paragraph 3) "The F~re Department remains cognizant of the ~mpact that spnnklers can have on construcbon costs However, there are trade offs available w~th~n the code(s) When you ~nstall a suppression system, other building requirements may be reduced or allowances made for building usage The ~nstallahon of a suppression system may allow a larger building F~re sprinklers also slgmflcantly save the owner on fire ~nsurance costs" Response We agree that the International Building Code allows trade offs if sprinkling ~s ~ncorporated, but these options deal w~th larger build~ngs than staff proposes W~th these larger buildings, the option remains w~th the owner as to which direction best su~ts h~s particular project The proposed rews~ons take away th~s opbon The city made promises ~n 1996 that tap fees for spnnklers would be waived as an offset factor to the cost of sprinkler ~nstallabon Th~s was to encourage businesses to accept the fact that, although the Umform Bu~ld~ng Code d~d not require sprinklers for smaller projects, the c~ty would provide the taps as an offset cost factor to encourage spnnkl~ng Th~s promise has proven to be shallow, as now the Public Utility Board has enacted the spnnkler tap fee Recent conversations w~th insurance providers m the Denton area ~ndlcate that sprinkling could lead to ~ncreased cost of ~nsurance Th~s ~s particularly true when water damage to offices, clothing, furniture, equipment, etc stabsflcally has proven more costly than property loss due to fire The standard Internabonal Building Code as presently written addresses hazardous uses, ~n which case, sprinkling IS a cost-saving opbon, (Paragraph 4) "The amendments to the 2000 International F~re Code recommended by the North Central Texas Regional Council of Governments require ~nstallmg fire suppression system ~n residential structures 6,000 square feet or greater The Council of Governments amends the IFC ~n several other areas making the requirements ~nvolwng fie suppression systems more restrictive than the ones Staff proposes ~n the adopbon of th~s code" Response The committee making the recommendabon was comprised of 14 members13 of which were e~ther fire chiefs or fire marshals w~th one member from Public Works (Paragraph 5) It ~s our goal to have a simple straightforward amendment that allows for a reasonable degree of fire safety Other Metroplex c~bes (P~ano, Frisco, Alien, Add~son) have adopted retrofit rules requlnng all buildings 5,000 square feet or greater to ~nstall suppression systems We feel that our amendments of 7,500 square feet (combusbble) and 10,000 square feet (non-combustible) are reasonable and based on our fire fighting resources and capab~libes We feel confident that the F~re Department can adequately and safely combat fires ~n buildings of combustible construcbon less than 7,500 square feet and non-combusbble occupancies less than 10,000 square feel Buildings larger than those pose risks and dangers that we feel are not acceptable to the fire department and the commumty and should be spnnklered" Response The 10,000-square-foot rule is set by the F~re Departments position that they cannot fight a larger fire Th~s ~s the same criterion that was used in 1996- Ewdently, no progress has been made and no new creative ~deas are offered (Paragra@h 6) "F~re suppression systems save lives and property In Denton, some of the business that have been saved by their fire suppression systems are V~ctor Equipment Company, Peterbu~lt Offices MLK Recreations Center, Golden Triangle Mall, Cooper Glen Apartments Mozart Square Apartments, Country Park Apartments, the Golden Triangle Mall on several occasions In several businesses and many others Each of these businesses ~s a wtal part of the C~ty's economy These businesses remain open and operating today because of their fire spnnklers~" Response All of the I~sted bu~ld~ngs would require sprinkler systems according to the IBC w~thout modification (Paragraph 7) "Statistics show that approximately 70% of the small businesses that experience devastating fires never re-open for bus,ness Th~s causes a loss of income employment and taxes to the C~ty Some recent fires in non-spr~nklered businesses that have not re- opened are the Shell Station at Pnmrose and University, Texas P~ck-up, Arcad~a~ restaurant, and there are several others" Response Let's take these one at a t~me 1 The Shell stabon was a bad location for a gas stabon, and the owner chose not to build back for that reason '2 Texas Pickup was a 2700 square foot building and would not be covered by the proposed ordinance 3 Arcadia's Restaurant was going out of bus~ness anyway The last paragraph mentions a Chamber of Commerce F~re Sprinkler Advisory Committee Because of the short notice, we have not established an official f~re sprinkler committee yet We were at the chamber for our weekly Denton Development Code Committee meeting and happen to be the only remnants of the prewous f~re spnnkler committee ~n attendance that day After hawng served on the chamber's prewous fire spnnkler adwsory committee, we were also the ones w~th knowledge of the h~story and background of the present day code In closing we must emphasize the need for coordination of the many c~ty gevernment facets before any new fire sprinkler ordinances considered The Council wrote the Comprehensive Plan, and the new Develop Code ~s meant to support that plan We must have coordination w~th all c~ty departments, Building Inspections, Planning, Traffic, etc, to address their needs and how they w~ll be affected by the Compreher)s~ve Plan and Development Code Th~s coordination has not been done For example, the new code pulls buildings to the front of the prope~y, requires screening fences and extensive landscaped areas that, although beautiful, all present problems when fighting f~res Justlas you ask the c~t~zens of Denton to raise the bar, we ask that c~ty staff be asked to raise the bar as well The c~t~zens were asked to ~ncrease landscaping requirements, to ~mplement new architectural design standards, to pay new drainage fees, etc all of which ~mpact construction costs There are no new ideas ~n these proposals We understand that standard codes may need modification to meet local requirements, but before any modificat~ons are done, all c~ty departments shoqld communicate and coordinate their efforts We as practitioners are asked to be reviewed by all departments, the Denton Rewew Committee, wh~le city projects and ordinances are passed w~thout regard, ~nput or coordination between departments This defeats the purpose of the Development Code which, we were led to beheve, would be user friendly We hope to be given a chance to address any deficiencies ~n the standard codes by formation of a committee for that purpose, ~f we receive a fair hearing Our comments of January 24 as relayed to the F~re Chief came back as not negotiable on any ~tem After meeting weekly for 19 months on the Development Code Review Committee, we do not need another meeting We emphasize that our ~ntent~ons are not self-serving as we are compensated on a percentage of construcbon cost bas~s We w~ll not benefit financially ~f our proposals are implemented \\Ch as\VOLlXshared\dept\finV~.genda Item SharedWebruary 2002Webruary 19\International F~re Code\30RD International Fire Code2 doc ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR THE ADOPTION OF THE INTERNATIONAL FIRE CODE, 2000 EDITION, PROVIDING FOR AMENDMENTS THERETO, RE-ESTABLISHING PERMIT FEES, PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000 FOR VIOLATIONS THEREOF, REPEALING FIRE LANE ORDINANCE NO 87-168, PROVIDING FOR A SEVERABILITY CLAUSE REPEALING ALL ORDINANCES IN CONFLICT THEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That Article I of Chapter 29 of the Code of Ordinances ~s amended to read as follows ARTICLE I. GENERAL PROVISIONS Section 29-1. International Fire Code - Adopted There ~s hereby adopted by the C~ty of Denton, Texas for the purpose of prescribing regulations governing condmons hazardous to hfe and property from fire and explosion, that certom Codes and Standards known as the International F~re Code, including Appendices A-G, and the Uniform Fire Code Standards, published by the International F~re Code InsUtute and International Conference of Code Council, being particularly thc 2000 cdmons thereof and whole thereof, save and except such portions as are hereinafter deleted, modified or amended by Section 29-2 ofth~s ordinance A copy of said F~re Code and Standards ~s now filed m the office of the City Secretary, and ~s hereby adopted and incorporated as fully as if set out at length hereto, and from the date on wMch flus ordinance shall take effect, the prows~ons thereof shall be controlhng w~th~n the hm~ts of the City of Denton and within 5,000 feet thereof, where specified there~n SecUon ~9-2. Amendments The International F~re Code, as adopted ~n Section 29-1, ~s hereby amended as follows A By the amendment of the International F~re Code as follows **Section 101.1 changes to read as follows. Section 101.1 Title. These regulations shall be known as the Fire Code of the C~ty of Denton, hereto after referred to as "th~s code" **Section 101.2 add second paragraph to read as follows The provisions of th~s code shall supplement any and all laws relating to fire safety and shall apply to all persons without restncUon, unless specifically exempted **Section 102.4; change to read as follows. Section 102.4 Application of other codes The design and construction of new structures shall comply with this code, and other codes as applicable, and any alterations, additions, changes m use or cl~anges in structures required by this code which are within the scope of this and other codes shall be made in accordance therewith **Section 102.6; change to read as follows: Section 102.6 Referenced codes and standards The codes and standards referenced in this code shall be those that are listed in Chapter 45 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference Where differences occur between the provisions of this code and the referenced standards, the provisions of this code shall apply Whenever amendments have been adopted to the referenced codes and standards, each reference to smd code and standard shall be considered to reference the amendments as well Any reference to NFPA 70 or the ICC Electrtcal Code shall mean the Electrical Code as adopted **Section 103.1; add second paragraph to read as follows' Section 103.1. Under the ctuef's direction, the fire department is authorized to enforce all ordinances of the j uns&ctlon pertmnlng to 1 The preventlun of fires, 2 The suppression or extmgulshmants of dangerous or hazardous fires, 3 The storage, use and handhng of hazardous materials, 4 The mstallatlon and maintenance of automatic, manual and other private fire alarm systems and fire-extlngulstung eqmpment, 5 The mmntenance and regulation of fire escapes, 6 The maintenance of fire protection and the elimination of fire hazards on land and in buildings, structures and other property, including those under construction, 7 The maintenance of means of egress, 8 The Investigation of the cause, origin and clmumstances of fire and unanthonzed releases of hazardous materials, and 9 The investigation of the cause, origin and circumstances of explosions For authority related to control and Investigation of emergency scenes, see Section 104 **Section 103.1.2; add section to read as follows: Section 1Q3.1.2 Department of Fire Prevention personnel and Police The chief and members of the Department of Fire Prevention shall have the powers of a police officer when performlnglthelr duties under this code **Section 103.2, add section to read as follows: Section 103.4.2 Liability. The code is amended by adding a third paragraph to read as follows All regulations provided in this Code are hereby declared to be governmental and for the benefit of thc general public Any member of the City Council, any city official or employee, or any member of lhe Building Code Advisory Board charged with the enforcement if this code, acting for the City in the discharge of his duties, shall not thereby render himself personally liable, and he is hereby relieved from all personal liability for any damage that may occur to persons or Page 2 property as a result of any action reqmred or permitted ~n the discharge of h~s duties Any lawsmt brought agmnst such officml or employee because of such act performed by him an the enforcement of any prowslons of this Code shall be represented by the City of Denton through its designated attorney until the final adjudmat~on of the proceedings **Section 104.10; amend section to read as follows Section ~04.10 Investigations. The code official, the fire department or other responsible authority shall have the authority to Investigate the cause, origin, and c~reumstances of any fire, explosion or other hazardous condition Information that could be related to trade secrets or processes shall not be made part of the pubhc record except as directed by a court of law **Section 104.10.2 add section to read as follows. Section 104.10 2 Hazardous Materials. The code official ~s authorized to ~nvest~gate the cause, origin, and c~mumstances of any unanthonzed releases of hazardous materials **Section 104.10.3 add section to read as follows: Section 104.10.3 Explosives. The code official is authorized to investigate the cause, origin, and clmumstances of explosions, explosives handling, manufacturing, and usage of explosive materials **Section 105 7.13 add section to read as follows Section 105.7.13 Gas and Oil Wells To operate gas and ml wells ~n the ~ncorporated city hm~ts of Denton, Texas See Ordinance 2001-465 and 2001-466 **Section 108.1; change section to read as follows. Section 108 1 Appeals The code is amended to read as follows In order to hear and decide appeals of orders, decisions or determinations made by the code offimal relative to the apphcatlon and ~nterpretatlon of th~s code, there shall be and ~s hereby created a board of appeals consisting of members who are qualified by experience and traunng to pass on matters pertmmng to this code and who are not employees of the jurisdiction The code official shall be an ex offimo member of said board but shall have no vote on any matter before the board The board of appeals shall be appointed by the governing body and shall hold office at ~ts pleasure The board shall adopt roles of procedure for conducting ~ts business, and shall render all decisions and findings ~n writing to the appellant w~th a duplicate copy to the code officml **Section 109.3; change section to read as follows' Section 109.3 Violation Penalties. Persons who shall violate a prows~on of th~s code or shall fat to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work m violation of the approved construction documents or d~rect~ve of the code official, or of a permit or certificate used under provisions of this code, shall be guilty ora m~sdemeanor offense punishable by a fine of not more than $2000 00 Each day that a wolat~on continues after due notice has been served shall be deemed a separate offense **Section 110.4; change section to read as follows. Section 110.4. Abatement The code is amended to read as follows P~e3 Any person operating or mmntmmng any occupancy, premises or vehicle subject to th~s Code who shall permit any fire hazard to exist on the premises under their control or who shall fad to take immediate action to abate a fire hazard when ordered or notified to do so by the code official or h~s duly authonzed represantat~ve shall be gmlty of a separate offense for each and every day or port~on thereof which any wolatton of any of the provisions of th~s Code ~s committed or continued **Sections 202; change to read as follows DEPARTMENT OF FIRE PREVENTION ~s the Office of the C~ty Fzre Marshal CODE OFFICIAL ~s the F~re Chzef, F~re Marshal or other designated authority charged by the apphcable governing body wzth the dutzes of admmzstratzon and enforcement of the code, or a duly authorized representatzve FIRE DEPARTMENT ~s the Czty of Denton F~re Department HIGH-RISE BUILDING zs a budding hawng floors used for human occupancy located more than 55 feet (16,764 mm) above the lowest level of fire department vehmle access JURISDICTION is the C~ty of Denton, Texas SELF-SERVICE STORAGE FACILITY. Is real property deszgned and used for the purpose of renting or leasing md~wdual storage spaces to customers for the purpose of stonng and remowng personal property on a self-serv~ce baszs STANDBY PERSONNEL Is qualified fire servme personnel, approved by the Fzre Chxcf When utilized, the number reqmred shall be as directed by the F~re Chief Charges for utd~zat~on shall be as normally calculated by the junsdmt~on **Section 307.2; change to read as follows' Section 307.2 Permit reqmred A permzt shall be obtained from the code official ~n accordance wzth Section 105 6 prior to kmdhng a fire for rccogmzed sflwcultural or range or w~ldhfe management practmes, preventmn or control of dmcase or pests, or open burning a bonfire Apphcatmn for such approval shall only be presented by and permits msued to the owner of the land upon whmh the fire ~s to be kindled Examples of state or local law, or regulations referenced elsewhere m this section may include but not be hm~ted to the following 1 Texas Natural Resource Conservation Comm~smon gmdebnes and/or restrictions 2 State, County or Local temporary or permanent bans on open burnmg 3 Local written polunes as estabhshed by the Code Officml **Section. 307.3, change to read as follows. Section 307.3 Location The location for open bumlng shall not be less than 300 feet (15,440 mm) from any structure, and prows~ons shall be made to prevent the fire from spreading to w~th~n 300 feet (15,440 mm) of any structure Exceptions: Page 4 1 Fires in approved containers that are not less than 15 feet (4,572mm) fi.om a structure 2 The minimum required distance from a structure shall be 25 feet (7,620mm) where the pile s~ze ~s 3 feet (914mm) or less ~n diameter and 2 feet (610 mm) or less in height **Section 307.3.1; change to read as follows. Section 307.3.1. Bonfires. A bonfire shall not be conducted within 300 feet (15 440 mm) of a structure or combustible material unless the bonfire is contmned in a barbecue p~t Conditions which could cause a fire to spread w~th~n 25 feet (7,620mm) of a structure shall be ehm~nated prior to Ignition **Section 307.3.2; change to read as follows Section 307.3.2. Recreational Fires. Recreational fires shall not be conducted w~thln 300 feet of a structure or combustible material unless the fire is contained ~n a barbecue pit Conditions which could cause a fire to spread w~thm 25 feet (7,620mm) of a structure shall be ehm~nated prior to ~gnmon **Add Section 307.3.3 to read as follows: Section 307.3.3 Trench Burns. Trench bums shall be conducted m air curtmn trenches and m accordance w~th Section 307 2 **Sect~on~ 307.4; change to read as follows: Section 307.4 Attendance. Open bummg, trench bums, bonfires or recreational fires shall be constantly attended until the fire ~s extinguished A mlmmum of one portable fire extmgmsher complying with Section 906 with a minimum of 4-A rating or other approved on-site fire extlngmstung eqmpment, such as da't, sand, water barrel, garden hose or water truck, shall be avmlable for lmmechate utilization **Sect~onl307.5, change to read as follows Section 307.5 Open-flame cooking devices. Charcoal burners and other open-flame cooking devices shall not be operated on combustible balcomes or within 10 feet (3,048 mm) of combustible construction Except~otts: 1 One- an~ two-family dwellings **Section 1503.1.1; change to read as follows' Section 503.1.1 Buildings and Facilities Approved fire apparatus access roads shall be provided for every facility, bmld~ng, or portion of a bmldlng hereafter constructed or moved ~nto within the junschctaon The fire apparatus accass road shall comply with the reqmrements of th~s section and shall extend to w~thm 100 feet (30,488 mm) of all portions of the famhty or any port~on of the exterior wall of the first story of the bufldmg as measured by an approved route around the exterior of the bmkhng or famhty as measured by mammum hose distance or an approved route around exterior of the building Exception The code official ~s authorized to increase the dimension from 100 feet (30,488 mm) to not more than 150 feet (45,720mm) where Page 5 1 The bmldlng is eqmpped throughout with an approved automatic spnnkler system installed in accordance w~th Section 903 3 1 1,903 3 1 2, or 903 3 1 3 2 Fire apparatus access roads cannot be installed due to location on property, topography, waterways, non-negotiable grades or other s~mdar conditions, and an approved alternative means of fire protection is provided **Section 503.1.1; add the following sentence to the first paragraph. Except for single- or two-family residences, the path of measurement shall be along a mnnmum of a ten feet (10') w~de unobstructed pathway around the external walls of the structure **Section 503.1.2; change to read as follows' Section 503.1 2 Additional Access. The code official is anthonzed to reqmre more than one fire apparatus access road based on the potential for unpamnent of a single road by vehmle congestion, condition ofterrmn, chmatm conditions or other factors that could limit access The fire marshal ~s hereby anthonzed and empowered to establish and designate fire lanes as he deem necessary for the proper mgress and egress of emergency vehicles Any fire lane designated by the Fire Marshal shall become effective as of the date he so designates **Section 503.1.4; add the following to read as follows' Section 503.1.4. Existing F~re Lanes Any fire lane that has been established prior to passage of the ordinance from whmh this article ~s derived and designated by the fire marshal or that has been estabhshed by a separate ordinance shall be a fire lane for all intents and purposes and shall be maintained as reqmred by th~s code **Section 503.1.5; add the following to read as follows Section 503.1.5. Maintenance Generally (a) The code official shall report any negligent surface conditions, markings, or signs to the owner or person m control of property upon whmh a fire lane exists and shall issue instructions for repmr (b) It shall be unlawful for the owner or person m control of property upon which a fire lane has been demgnated or exists to fail to maintain the surface of the fire lane m good condition, free of potholes and other non-approved obstructions (c) It shall be unlawful for the owner or person m control of property on whmh a fire lane has been designated or exists to fail to mmntmn any marking of the fire lane as required by th~s Code m a condition which ~s not clearly legible **Section 503.2.4.; change to read as follows' Section 503.2.4 Turning radius. The reqmrcd turning radius of a fire apparatus access road shall be a minimum of 35 feet (10 6 m) inner radius and 55 feet (16 7 m) exterior radms or shall bc determined by the code officml **Section 503.2.8; add section to read as follows. Section 503.2.8. Fire Lane Site Plan. (a) When fire lanes are required m accordance with the provisions ofth~s artmle, the owner, builder, or developer shall submit a fire lane site plan measunng eight and one half (8-¼) Page 6 inches bY eleven (11) inches to the code official prior to issuance of a bmldlng permit A copy of each approved fire lane site plan shall be kept on file with the fire department (b) Construction of the building shall not begin until the fire lane site plan has been submitted and approved by the code official **Section 503.3, change to read as follows' Section 503.3 Marking. Where reqmred by the code official, approved striping or, when allowed by code official, signs, or both, or other approved notices shall be provided for fire apparatus laccess roads to identify such roads or prohibit the obstruction thereof Signs or notices and striping shall be mmntalned m a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility (1) Striping - Fire apparatus access roads shall be marked by painted lines &red traffic pmnt six inches (6") m width to show the boundaries of the lane The words "NO PARKING FIRE LANE" or "FIRE LANE NO PARKING" shall appear in four inch (4") white letters at 20 feet intervals on the red border markings along both sides of the fire lanes (2) Signs - shall read "NO PARKING FIRE LANE" or "FIRE LANE NO PARKING" and shall be 12" wide and 18" high Signs shall be painted on a white background with letters and borders in red, using not less than 2" lettenng Signs shall be permanently affixed to a stationary post and the bottom of the sign shall be six feet, six inches (6'6") (1 98 m) above finished grade Signs shall be spaced not more than fifty feet (50 feet) (15 2m) apart Signs may be installed on permanent buildings or walls or as approved by the code official **Section 503.4, change to read as follows. Section 503 4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed by persons in any manner, including parking, stopping, or standing any non- emergency vehicle, whether attended or unattended, in a fire lane The minimum widths and clearances established m Section 503 2 1 and any area marked as a fire lane as described in Section 503 3 shall be maintained at all times The operator of a premise shall mmntaln, free of obstruction, all fire lanes on his premises No person may mark, post or otherwise identify a non-fire lane private vehicular passageway as a fire lane or in such a manner as tends to create confusion as to whether the passageway is a fire lane Any unauthorized vehicle on a fire lane is (1) SubJect to removal by the operator of the premises, with the expense of removal and storage to be borne by the register of the owner of the vehicle, (2) SubJect to citation, as well as removal, by the fire marshal or a police officer, and (3) Prima facle evidence that the person in whose name the vehicle is registered is guilty of a violation of the parking provisions of thru section **Section 508.5.1; Delete exceptions 1 and 2. **Section 605.4.1; amend to read as follows' Section 605.4.1 Power Tap Design. Relocatable power taps shall be of the polarized or grounded type, equipped with overcurrent protection and shall be listed and not exceed 6 feet in length Page 7 **Section 605 4.3; amend to read as follows. Section 605.4.3 Installation Relocatable power tap cords shall not extend through walls. celhngs, floors, under doors or floor covenngs, or be subject to cnwronmcntal or physical damage The cord shall not exceed 6 feet (1 82 m) m length **Section 605.5.1, amend to read as follows. Section 605 5.1 Power Supply. Extension cords shall be plugged d~rectly into an approved receptacle, except for approved mult~plug extension cords, shall serve only one apphance **Section 605.5.4; amend to read as follows: Section 605.5.4 Grounding. Extension cords shall be grounded ** Seetaon 803.3.2 and Section 803.4.2; add an exception to read as follows' Exception: Comdors protected by an approved automatic spnnkler system Installed ~n accordance w~th Section 903 3 1 1 shall be limited to 50 percent of the wall area **SeetionlS04.4; amend to read as follows. Section 804.4 Vegetation. Decorative vegetation shall be flame resistant or flame retardant Such flame resistance or flame retardance shall be documented and certified by the manufacturer ~n an approved manner **Section 1804.1.1; add a second exception to read as follows Exceptions: 1 Trees located m areas protected by an approved automatic spnnklcr system Installed ~n accordance w~th Section 903 3 1 I or 903 3 1 2 shall not be prohibited in Groups A,E,M,R-1 and R-2 2 Trees shall not be prohibited ms,de private dwelling umts of Group R-2 Occupancies **Section 901.7; change to read as follows. Section 90a 7 Systems out of service. Where a required fire protection system is out of service or m the event of an excessive number of accidental activations, the fire department and the code official shall be not~fied Immediately and, where required by thc code official, the building shall e~ther be evacuated or an approved fire watch standby personnel shall be provided for all occupants left unprotected by the shut down until the fire protection system has been returned to service Where utilized, fire watches standby personnel shall be prowded w~th at least one approved means for notification of the/]re department and their only duty shall be to perform constant patrols of the protected premises and keep watch for fires **Section 902.1; add definition of "Fire Area" to read as follows' FIRE AREA. The aggregate floor area enclosed and bounded by fire walls, fire barriers, exterior walls or fire-resistance-rated horizontal assembhes of a building **Section 902.1; under "Standpipe, Types of" definition, amend "Manual dry" by adding a sentence to read as follows. The system .must be supervised as specified m Section 905 2 Page 8 **Section 903.2, add section to read as follows: Sectlon903.2. Required Installations of Automatic Fire Extinguishing Systems. An automatic fire extmgulshmg system shall be installed and maintained m each occupancy as reqmrcd by the prows~ons of Section 903 **Section 903 3.1.1.; amend to read as follows Section 903.3.1.1. Fire Extinguishing Systems shall comply w~th N F P A Standard 13, latest edmon **Section 903.1.2; change to read as follows' Section 903.1.2. Residential systems. Unless specifically allowed by this code or the Internattonal Buddtng Code, residential spnnkler systems installed m accordance w~th NFPA 13D or NFPA 13R shall not be recognized for the purposes of exceptions or reductions, commonly referred to as "trade-offs", permitted by other requirements of this code In addition, resldentml spnnkler systems ~nstalled in accordance with NFPA 13R must ~nclude attic spnnkler protection to be recognized for the purposes of such trade-offs permitted by other reqmrements of this code Spnnkler p~pmg for multffamfly developments shall separate from the domestic service and be dedicated for fire spnnkler service only **Sections 903.2.1.1,903.2.1 2, 903.2.1.3 and 903.2.1.4; change to read as follows Section 903.2.1 1 Group A-1 An automatic spnnkler system shall be provided throughout a fire area contmmng a Group A-1 occupancy Occupancies where one of the following conditions exists 1 The fire area exceeds 10,000 square feet (929 m^2) 2 The fire area has an occupant load of 300 or more 3 The fire area is located on a floor other than the level of exit d~scharge 4 Thc fire area cont0ans a multi theater complex Section 903.2.1.2 Group A-2 An automatic sprinkler system shall be prowded throughout a fire area contoamng a Group A-2 occupancy Occupancies where one of the follow~ng condmons exists 1 The fire,area exceeds 5,000 square feet (464 5 m^2) 2 The fire,area has an occupant load of 300 or more 3 The fire area Is located on a floor other than the level of exit d~scharge Section 903.2 1 3 Group A-3. An automatic spnnkler system shall be provided throughout a fire area contalmng a Group A-3 occupancy Occupancies where one of the following condmons exists 1 The fire,area exceeds 10,000 square feet (929 m^2) 2 The fire,area has an occupant load of 300 or more 3 The fire area is located on a floor other than the level of exit discharge Page 9 Section 903 2.1 4 Group A-4. An automatic spnnkler system shall be provided throughout a fire area contmmng a Group A-4 occupancy Occupancies where one of the following conditions exists 1 The fire area exceeds 10,000 square feet (929 m^2) 2 The fire area has an occupant load of 300 or more 3 The fire area ~s located on a floor other than the level of exit d~scharge **Section 903.2.7, change to read as follows' Section 903.2.7 Group R-1 An automatm spnnkler system shall be prowded throughout bmldmgs w~th a Group R-1 fire area Spnnkler protection shall be prowded throughout all combustible concealed and attic spaces **Section 903.2.8; change to read as follows' Section 903.2.8 Group R-2. An automatic spnnkler system shall be prowded throughout all bmld~ngs with a Group R-2 fire area where any of the following conditions apply 1 The R-2 is located more than two stones m height, ~ncludmg basements, or 2 The braiding contmns hawng more than 16 dwelling traits, or 3 The bmldlng contmns fl'atermt~es and sororities Exception: A remdent~al spnnkler system mstalled ~n accordance w~th Section 903 3 1 2 shall be permitted in buildings, or portions thereof, of Group R-2 **Add Sections 903 2.10 2 and 903 2.10.3 to read as follows. 903 2 10.2 Bulk storage of tires Bmlchngs and structures where the area for the storage oft~res exceeds 10,000 cubm feet (283 m^3) shall be equipped throughout w~th an automatic fire spnnkler system m accordance w~th Section 903 3 1 1 903 2.10.3~ Self-serv~ee storage facility. An automatic spnnkler system shall be ~nstalled throughout all self-servme storage factht~es greater than 7,500 square feet (696 8 m^2) **Section 903.2.12; amend 903.2.12.3 and add 903 2.12.4 and 903.2 12.5 as follows 903 2.12 3 Buildings over 55 feet in height. An automatm spnnkler system shall be ~nstalled throughout bmldmgs with a floor level, other than penthouses ~n compliance w~th Section 1509 of the Internattonal Building Code, hawng an occupant load of 30 or more that ~s located 55 feet (16,764 mm) or more above the lowest level of fire department vehicle access Section 903 2.12 4 High-Piled Combustible Storage For any building w~th a clear height exceeding 12 feet (4,572 mm), see Chapter 23 to determine ~fthose prowslons apply Section 903.2.12.5 Spray Booths and Rooms. New spray booths and spraying rooms shall be protected by an approved automatic fire-extlngmshmg system **Section 903.2.12.6; Add section to read as follows Section 903.2.12.6; General Page 10 1 An automatic spnnkler system shall be Installed in all new buildings of noncombustible constructmn, (Type I & II) which exceed three stones in height or which have more than ten thousand (10,000) square feet (929 m^2) of floor area regardless of fire area or area separation walls 2 An automatm spnnkler system shall be ~nstalled in all new buildings of combustible construction, (type III, 1V & V) whmh exceed two stories in height or which have more than seven thousand five hundred (7,500) square feet (696 8 m^2) of floor area regardless of fire area or area separation walls 3 The owner(s) of any bmldang shall be required to ~nstall an automatic spnnkler system at such time as the owner(s) constructs an addition or enlargement to the building if the total square footage of such addition, when combined with the total square footage of all previous additions and enlargements to the braiding, exceeds ten thousand (10,000) square feet (929 m^2) of the total floor area, and when the total square footage of all such adtht~ons exceeds by more than twenty-five (25) percent of the original floor area regardless of fire area or area separation walls 4 Automatic fire extmgmshmg systems shall be installed in Group U, Alrcratt hangars ~n accordance with N F P A Standard 409, latest edition **Section 903.3.1.1; amend to read as follows' Section 903.3 1 1 NFPA 13 Sprinkler Systems. Where the provisions of this code require that a bmldmg or portmn there of be eqmpped throughout with an automatm spnnklar system, spnnklers shall be Installed throughout m accordance with N F P A 13, latest edition, except as provided m Sections 903 3 1 1 1,903 3 1 2 and 903 3 1 3 **Section 903 3.1.1 1; change to read as follows. Section 903 3.1.1.1 Exempt locations. When approved by the code officml, automatic spnnklers shall not be reqmred m the following rooms or areas where such rooms are protected w~th an approved fire detection system m accordance with Section 907 2 that will respond to wslble or mvmlble particles of combustion Spnnklers shall not be omitted from any room merely becanse it is damp, of fire-resistance-rated construction or contains electrical equipment 1 Any room where the apphcat~on of water, or flame and water, constitutes a serious life or fire hazard 2 Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the code official 3 Generator and transformer rooms, under the threct control of a public utd~ty, separated from the remainder of the building by walls and fioor/cethng or roof/ceiling assemblies having a fire resistance rating of not less than 2 hours 4 Spaces or areas m telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries and standby engines, provided those spaces or areas are eqmpped throughout with an automatic fire alarm system and are separated from the remmnder of the braiding by a wall with a fire resistance rating of not less than 1 hour and a floor/ceiling assembly wlth a fire-resmtance rating of not less than 2 hours **Section 903 3.1.2; change to read as follows Page 11 Section 903.3.1 2 NFPA 13R sprinkler systems. Where allowed in bmldlngs of Group R, up to and mcl~0ang four stones in height, automatic spnnkler systems shall be installed throughout in accordance with NFPA 13R, latest edition However, for the purposes of exceptions or reductlor~s permitted by other requirements of this code, see Section 903 1 2 **Section 903 3.5; change to read as follows. Section 903.3.5 Water Supplies. Water supplies for automatic spnnkler systems shall comply with this .section and the standards referenced in Section 903 3 1 and the City of Danton Water Utility Standards The potable water supply shall be protected against backflow in accordance with the requirements of this section and the Internattonal Plumbtng Code Water supply as reqmred for such systems shall be provided in conformance with the supply reqmreme~ts of the respective standards, however, every fire protection system shall be designed with a 5 psi safety factor **Section 903.3.5.1.2; delete this section. Section 903.7; change to read as follows: Section 903.3.7 Fire department connections The location of the fire department connection S ' hall be wlthm 50 feet (15 2 m) of the fire lane and unobstructed The location shall be approved by the code official **Section 903.4; add a second paragraph after the exceptions to read as follows' Spnnkler and standpipe system water-flow detectors shall be provided for each floor tap to the spnnkler system and shall cause an alarm upon detection of water flow for more than 45 seconds All control valves in the spnnkler and standpipe systems except for fire department hose corm©etlon valves shall be electrically supermscd to initiate a supervisory signal at the central station upon tampenng **Section 904.11.5 amend to read as follows' Section 904.11 5. Commercial Cooking Equipment Portable fire extinguishers shall be provided wltlun a 30 feet (9,144 mm) travel distance of commercial- type cooking equipment Cooking eqmpment involving vegetable or animal oils and fats may be protected by a Class K rated portable extinguisher **Section 905.2; change to read as follows: Section 905.2 Installation standards. Standpipe system shall be installed in accordance with this section and NFPA 14, latest edition **Section 905.3.2; delete exceptions #1 and 2. **Section 905.3.3; amend Exceptions 1 and 2 to read as follows' 1 Open-air seating spaces with enclosed spaces Page 12 2 Class I automatic dry and semiautomatic dry standpipes or manual wet standpipes are allowed m buildings where the highest floor surface used for human occupancy is 55 feet (16,764 mm) or less above the lowest level of fire department vehicle access **Section 905.4, ~tem #5; change to read as follows 5 Where the roof has a slope less than four units vertical m 12 units horizontal (33 3-percent slope), each standpipe shall be prowded with a two-way hose connection located either on the roof or at the h~ghest land,rig of stairways w, th stair access to the roof An additional hose connection shall be provided at the top of the most hydraulically remote standpipe for testing purposes **Section 906.1; amend #1 to read as follows Section 906 1 1 In Groups A,B,E,F,H,I,M,R-1,R-2,R-4,S, and U occupancies **Section 907 2.1.1; amend section to read as follows: **Section 907.2.1.1. System Initiation. In Group A Occupancies w~th an occupant load of one thousand or more, is amended to read as follows Section 907.2.1.1 System ~nlt~atlon in Group A Occupancies with an occupancy load of three hundred (300) or more. Actlvat~on of the fire alarm m Group A Occupancies w~th an occupancy load of three hundred (300) or more shall Immediately initiate an approved prerecorded message announcement using an approved voice commumcat~on system in accordance with N F P A 72 that ~s audible above the ambient no,se level of the occupancy Exception: When approved, the prerecorded announcement is allowed to be manually deactivated for a period oft~me, not to exceed three (3) minutes, for the sole purpose of allowing a live voice announcement from an approved, constantly approved station **Section 905.9, add a second paragraph after the exceptions to read as follows. Spnnkler and standpipe system water-flow detectors shall be provided for each floor tap to the spnnkler system and shall cause an alarm upon detection of water flow for more than 45 seconds A,ll control valves in the spnnkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampenng **Add Section 907 1.3 to read as follows: Section 907.1.3 Design Standards. All alarm systems new or replacement serving 50 or more alarm actuating devices shall be addressable fire detection systems Alarm systems serving more than 75 smoke detectors or more than 200 total alarm activating devices shall be analog intelligent or addressable fire detect~on systems Page 13 Exception. Ex~stlng systems need not comply unless the total bmld~ng remodel or expansion lnlt~ated after the effective date of thru code, as adopted, exceeds 25% of the building When cumulative bmldmg remodel or expansmn exceeds 50% of the bmld~ng must comply w~thln 18 months ofpernnt apphcatmn **Section 907 2.3; change to read as follows. Section 907.2 3 Group E. A manual fire alarm system shall be installed m Group E educational occupancies When automatm spnnkler systems or smoke detectors are installed, such systems or detectors shall be connected to the bmldmg fire alarm system An approved smoke detect~on system shall be installed m Group E day care occupancies Unless separated by a m~mmum of 100 feet (30 5 m) open space, all bmldmgs, whether portable bmldmgs or the mmn bmldmg, will be considered one bmld~ng for alarm occupant load consideration and mterconnect~on of alarm systems **Section 907.2.3; change exception #1 and add exception #2 to read as follows. 1 Group E educational and day care occupancies w~th an occupant load of less than 50 when prowded with an approved automatic spnnkler system 2 Residential In-Home day care w~th not more than 12 children may use ~nterconnected single station detectors in all habitable rooms (For care of more than five children 2 1/2 or less years of age, see Section 907 2 6 ) **Section 907.2.12, change to read as follows' 907 2 12 H~gh-rlse buildings. Bmld~ngs hawng floors used for human occupancy located more than 55 feet (16,764 mm) above the lowest level of fire department vehicle access shall be prowded w~th an automatm fire alarm system and an emergency rome/alarm communmat~ons system m accordance with Section 907 2 12 2 **Section 907 2 12, Delete exceptions #1-5 **Section 907.2.12 2; change the beginning paragraph to read as follows 907 2 12 2. Emergency voice/alarm communication system. The operation of any automatm fire detector, sprinkler water-flow device or manual fire alarm box shall automatically sotmd an alert tone followed by voice Instructions g~vmg approved ~nformatlon and d~rectlons on a general or selective basis to the following terminal areas on a minimum of the alarming floor, the floor above, and the floor below m accordance w~th the bmld~ng's fire safety and evacuation plans reqmred by Section 404 **Section, 907.3 1 1; Delete exception #1. **Section, 907 3 1.8, amend to read as follows: Section 907.3.1.8 Group R-2, A fire alarm system shall be ~nstalled in ex~st~ng Group R-2 apartment bmld~ngs w~th more than three stones Exceptions. Page 14 1 Where each hwng umt ~s separated from other contiguous hwng tm~ts by tim bamers have a fire resistance rating of not less than ¥4 hour, and where each hwng umt has e~ther ~ts own independent exit or ~ts own ~ndependent stmrway or ramp d~scharg~ng at grade 2 A separate tim alarm system ~s not reqmred ~n buildings that are eqmpped throughout with an approved supervmed automatm spnnkler system ~nstalled ~n accordance w~th Section 903 3 1 1 or 903 3 1 2 and hawng a local alarm to not~fy all occupants **Section 907.4; add a second paragraph to read as follows Manual alarm actuating dewces shall be an approved double action type **Section 907.4.1; Delete exception ** Add Section 907.6 1 to read as follows: Section 907.6.1 Installation. All fire alarm systems shall be ~nstalled m such a manner that the fmlure of any single alarm-actuating or alarm-mdmatmg dewee wdl not interfere w~th the normal operatmn of any other such dewces **Section 907.9.2, change to read as follows: Section 907.9.2 High-nsc buildings. In bmld~ngs that have floors located more than 55 feet (16 764 mm) above the lowest level of fire department vehicle access that are occupmd for human occupancy, a separate zone by floor shall be prowded for all of the following types of alarm- ~mt~at~ng devines where prowdcd 1 Smoke detectors 2 Sprinkler water-flow dewces 3 Manual fire alarm boxes 4 Other approved types of automatm fire detect~on dewces or suppression systems **Section 913.4; add a second paragraph to read as follows' The fire-pump system shall also be supervised for "loss of power", "phase reversal" and "pump running" conditions by supervisory s~gnal on dastlnct clrcmts **Section 1005 2.1; change to read as follows' Section 1005.2.1 Minimum number of exits. Every floor area shall be provided w~th the m~mmum number of approved independent ex~ts as reqmred by Table 1005 2 1 based on the occupant ~load, except as modffied in Section 1004 2 1 or 1005 2 2 For the purposes of th~s chapter, occupied roofs shall be promded w~th ex~ts as reqmred for floors The reqmm number of exists from any story, basement or mdlwdual space shall be mmntmned until amval at grade or the public way **Sectio~ 1005.3.2.5; change to read as follows: Section 1005.3.2.5 Smokeproof enclosures. In bml(hngs reqmred to comply w~th the h~gh-nse prowsmn~ of the International Bmldtng Code or the prowsmns for underground bmld~ngs ~n the Internattonal Buddmg Code, each of the emts of a bmldmg that serves stones where the floor surface ~s located more than 55 feet (16,764 mm) above the lowest level of fire department vehmle access or more than 30 feet (9,144 mm) below the level of exit d~scharge serving such Page 15 floor levels shall be a smoke proof enclosure or pressurized stmrway ~n accordance w~th the Internattonal Butldmg Code **Seetlon 1108.1; add section to read as follows Section 1108.1 General gnrcraft hangers and A~rports, Hehports, and Hehstops shall be ~n accordance w~th N F P A Standard 409, latest edmon **Section 2203.1; change #4 to read as follows: #4 Such that a nozzle, when the hose ~s fully extended, will not reach w~thm 10 feet (3,048 mm) of bmldmg openings **Section 3301.1.3, change to read as follows: Section 3301.1.3 Fireworks. Except as provided otherwise herren, no person shall posses, store, offer for sale, expose for sale, sale at retail manufacturer or use or explode any fireworks w, th~n the mty hmlts or wlthm five thousand (5,000 ft) (1,524 m) thereof Exceptions: 1 Only when approved for fireworks displays, storage and handhng of fireworks as prowded permitted m Sectmn 3304 and 3308 2 The use of fireworks for approved display as permitted m Seetaun 3308 **Section 3308.5.3; amend by the addition of the following section Marking of Shell Each aerial shell shall have pnnted directly on ~ts outer casing the following m~mmmn wammg 1/Sqnch h~gh letters, whmh contrast to the background WARNING EXPLOSIVES CLASS "C" FIREWORK DO NOT HANDLE- CALL "911' **Sectmn 3308.12; add new section as follows: Section 3308.12 Ignition. Aerial shells shall be ~gmted by hght~ng the t~ps of fuses by an electrical lgmtlon source except when manual lgmt~on ~s approved by the F~re Marshal Operators shall not place any part of thmr bodies over the throat of the mortar **Section 3402; add new definitions to read as follows: FUEL LIMIT SWITCH is a mechanism, located on a tank vehicle, whmh hm~ts the quantity of product d~spensed at one time MOBILE FUELING ~s the operation ofdlspensmg hqmd fuels from tank vehmles into the fuel tanks of motor vehmles Mobile Fuehng may also be known by the terms Mobile Fleet Fuehng, Wet Fuehng, and Wet Hosing **Section 3403.6; add a sentence to read as follows An approved method of secondary containment shall be prowded for underground tank and p~pmg systems Page 16 **Section 3404.2.11.5; add a sentence to read as follows An approved method of secondary containment shall be provided for underground tank and piping systems **Section 3404.2.11.5.2; change to read as follows 3404 2 11.5.2 Leak detection Underground storage tank systems shall be provided w~th an approved method of leak detection from any component of the system that is design and Installed in accordance with NFPA 30 **Amend Section 3406.5.4 1 to read as follows. 3406 5 4 1 D~spensing From Tank Vehicles and Tank Cars/Mobde Refueling. D~spensmg from tank vehmlcs and tank cars/mobile refuehng into the fuel tanks of motor vehicles shall be prohibited unless allowed by and conducted m accordance with Sectmns 3406 5 4 1 through 3406 5 4 4 Section 3803 2.1.5 add sentence to read as follows. Standby personnel shall be present dunng demonstrations **Section ~3804.2; add an exception #2 to read as follows Exceptions: 1 In partmular installations, th~s capacity hmlt shall be determined by the code official, after consideration of specml features such as topographical condmons, nature of occt~pancy, and proximity to braidings, capacity of proposed containers, degree of fire protection to be provided, and capabilities of the local fire department 2 Except as penmtted m 307 5 and 3804 3 2, LP-gas contmners are not peruntted in residential areas **Add Section 3804.3 2 to read as follows Section 3804.3.2 Spas and Pool Heaters. Where natural gas service is not available, LP-Gas contmners are allowed to be used to supply spa and pool heaters Such containers shall not exceed 250,gallon water capacity See Table 3804 3 for location of containers **Addition, to Chapter 45 Referenced Standards Chapter 45, Referenced Standards All reference standards from the National F~re Protection Assoclatmn, Batterymareh Park, Qmney, MA, wffi be referenced in the fire code from their latest published edition for compliance w~tinn the F~re Code Create the following Sections Section 106,1.1. Frequency of Inspection All owners of, occupants of, tenants of, leases of or persons mal~ng use of any bmldmg or premises, or portions thereof, when used as nonres~dentlal group occupancies, including hotels, lodging houses and congregate remdenccs, as defined by the Building Code are reqmred to have such buildings, premises or portions thereof Inspected annually by ,the F~re Marshal or h~s designated representative Additionally, the F~re Marshal Page 17 may ~mtmte such inspections at such other times as he deems appropriate to satisfy the purposes of th~s ordinance, and may additionally respect all other premises as may be necessary, including such other potentml hazards or apphances as the F~re Marshal may designate, for the purpose of ascertaining and causing to be corrected any condition which would reasonably tend to cause a fire or contribute to ~ts spread, or which may constitutes a wolat~on of thru ordinance or any other law or standard affecting fire safety Section 106- Fire Inspection and Permit Fees Section 106 2.1.1. Inspection Fees Each inspection performed pursuant to Section 105 of this code, as amended, shall be performed free of charge If the F~re Marshal or h~s designee observes a wolat~on of th~s chapter and performs a follow-up (re~Inspection) Inspection to determine whether a wolat~on or wolat~ons observed dunng the previous Inspection have been corrected, a fee shall be charged, and the occupant or lessee shall pay smd fee w~th~n 30 days of being billed therefore as contht~on to continue lawful occupancy of the bmld~ng or dwelhng to be ~nspected Smd fee shall be based upon the amount of interior area of the building leased, occupied or used by the person The fee shall be ~n the amount estabhshed, and from t~me to t~me amended, by ordinance of City Council, a copy that shall be kept on file w~th the C~ty Secretary Follow up ~nspect~on fees for common areas of such bmld~ngs or premises shall be charged to and prod by the owner ~n accordance w~th the area Inspected Section 106.2.1 2. Permit and Perrmt Fees. Any permit reqmred by Section 105 and 106 of the Code, as amended herein, shall be ~ssued only upon payment of a permit fee m an amount estabhshed, and as from t~me to t~me amended, by ordinance of the C~ty Council, a copy of whmh shall be kept on file w~th the C~ty Secretary SECTION 2 That the fees provided for ~n Section 106 of the code adopted by this ordinance, originally adopted with the enactment of Ordinance Number 87-196 shall be as follows 1 Building F~re Safety Follow-Up (Reqnspectmn) Inspection Fees prowded ~n Section 106 Interior Square Footaoe Fee 1 to 3,000 $15 O0 3,001 to 6,000 $25 O0 6,001 to 12,000 $35 O0 12,001 to 18,000 $45 O0 18,001 to 24,000 $55 O0 24,001 to 100,000 $65 O0 over 100,000 $1 O0 O0 If a second follow-up (reqnspect~on) ~s required because the wolat~on has not been corrected, the followang fees shall be charged Page 18 1 to 3,OOO $3O 00 3,001 to 6,000 $50 00 6,001 to 12,000 $70 00 12,001 to 18,000 $90 00 18,001 to 24,000 $110 00 24,001 to 100,000 $130 00 over 100,000 $200 00 2 The fee for an operational permit reqmred under Section 105 of the F~re Code shall be $200 00 per permit 3 The fee for a construction permit reqmred under Section 105 of the F~re Code shall be $100 00 4 The fee for a gas well permit and Inspection for gas well development, Including but not hm~ted to drllhng a gas well, above ground gas storage tanks, p~plng ~nspectlons, completion of gas well, revenue of a gas well and abandonment of a gas well ~s $200 per penmt or $200 per ~nspect~on 5 Per Section 901 6 1 of the F~re Code, a fee of $25 00 shall be assessed for each annual inspection of automatm ext~ngmshlng systems (Hood Suppression Systems) automatic fire suppression systems, and automatic fire alarm systems 6 Per Section 105 6 10 of thc F~re Code, a fee for a temporary sales or d~splay booth ~n covered malls shall be $25 00 7 Per Section 105 7 12 of the Fire Code, a fee of $25 00 shall be assessed for a temporary tent permit SECTION 3 That Fire Lane Ordinance No 87-168 m hereby repealed SECTION 4 Any person who molates a provlsmn of th~s ordinance shall be guilty of a m~sdemeanor pnmshable by a fine not exceeding Two Thousand Dollars ($2,000 00) Each such person shall be deemed guilty of a separate offense for each and every day or pomon thereof during whmh any wolat~on of this ordinance ts committed, or continued, and upon conwct~on of any such violations such person shall be pumshed w~thln the hmlts above SECTION 5 If any section, subsection, paragraph, sentence, phrase or word m th~s ordinance, or appheataon there of to any person or e~reumstance as held ~nvalld by any court of competent junsdmt~on, such holdang shall not affect the vahd~ty of the remmmng portions of th~s ordinance, and C~ty Cotmcfl of the Cay of Denton, Texas hereby declares ~t would have enacted such remalmng portions despite any such mvahd~ty SECTION 6 That the repeal of any ordinance or any pomon thereof by the preceding sections shall not affect or ~mpmr any act done or right vested or accrued or any Page 19 proceeding, suit or prosecution had or commenced ~n any cause before such repeal shall take effect, but every such act done, or right vested or accrued, or proceedings, stat or prosecution had or commenced shall remmn ~n full force and effect to all ~ntents or purposes as ~f such ordinance or part thereof so repealed shall remmn m force SECTION 7 That ttus ordinance shall become effective fourteen (14) days from the date of this passage, and the C~ty Secretary is hereby directed to cause the caption of this ordinance to be pubhshed twice ~n the Denton Record Chromcle, the official newspaper of the City of Denton, Texas, within ten (10) days of~ts passage PASSED AND APPROVED thru the day of ,2002 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY Page 20 AGENDA INFORMATION SHEET AGENDA DATE February 19, 2002 DEPARTMENT Electric Utility ACM Howard Martin, 349-8232 ~ SUBJECT AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A BILL OF SALE AND SALES AGREEMENT BY AND BETWEEN CITY OF DENTON, TEXAS, AS PURCHASER, AND DENTON COUNTY ELECTRIC COOPERATIVE, INC D/B/A COSERV ELECTRIC, AS SELLER, FOR ACQUISITION OF ELECTRIC INFRASTRUCTURE IMPROVEMENTS TO THE VINTAGE, A DEVELOPMENT WITHIN THE CITY OF DENTON, TEXAS, AUTHORIZING THE EXPENDITUR~ OF FUNDS THEREFOR UPON EXPRESS CONDITION, AND PROVIDING AN EFFECTIVE DATE BACKGROUND In order to respond to a request by the developer to serve The Vintage development, Denton Municipal Electric desires to purchase the electric infrastructure already installed by CoServ Electric ("CoServ") OPTIONS 1 Purchase the CoServ mfi'astrueture, conditioned upon obtaining the necessary order of the Bankruptcy Court, providing that the necessary order(s) can be obtained in a timely manner 2 Build new infrastructure RECOMMENDATIONS. Purchase the CoServ electric infrastructure in-place, providing that it can be acqmred expediently PRIOR ~CTION/REVIEW (Coun¢il~ Boards~ Commission)' The Pubh¢ Utility Board considered ttus ~ssue ~n closed sessmn at ~ts February 4, 2002 meeting and authorized DME to negotmte a purchase of the CoServ/Vlntage infrastructure by a vote of 6 to 0 w~th one momber absent FISCAL INFORMATION. Cost of the purchase ~s $86,000 Respectfully submitted Sharon Mays Director of Electric Utilities AGENDA DATE February 19, 2002 DEPARTMENT UUhty Adnumstrat~on ACM Howard Mart~n, 349-8232 ~ SUBJECT Consider approval of an ordinance of the C~ty Councd of the Caty of Denton, Texas authonzang the Caty Manager to execute Change Order Number Four to the contract between the C~ty of Dnton, Texas and Archer Western Contractors, LTD, prowdmg for an increase m the scope of work and an increase an payment amount, provadlng for the expendature of funds therefor, and prowdmg an effective date (Orchnance no 2001-192, B~d No 2612 - Lake Ray Roberts 20 MGD Water Treatment Plant Awarded to Archer Western Contractors, LTD m the amount of $35,785,257, plus Change Order Number Four m the amount not to exceed $1,006,626 31, for anstallatmn of raw water supply p~pehnes and related fac~htaes thereto for a total revased contract amount of $36,791,883 31) BACKGROUND The original design intent for the Lake Pay Roberts 20 MGD Water Treatment Plant project was to anclude the raw water supply p~pehnes wath the contract for the water plant, raw water and finished water pump stations Comphcat~uns wath obtmmng easements from the USACOE for the p~pelmes lead to a decision by staff to remove these from the project when ~t was released for b~ds Instead of b~ddmg these pipelines as a separate project or ancludang them as a part of the b~d for the 54" treated water transmission p~pehne project, the c~ty's engmeenng consultant, Freese and N~chols Inc (FNI), recommended that tins work remain as a part of the construction contract for the Lake Ray Roberts 20 MGD Water Treatment Plant project as a negotiated change order to their contract Pnor to negottatmg flus w~th the contractor, Archer Western Contractors, LTD (AWC), staff first presented using tins approach to the Pubhc Utdmes Board (PUB) on December 10, 2001and to the C~ty Councd (CC) on January 8, 2002 Exhth~t III ~ncludes the detailed background ~nformat~on and recommendations from staff and FNI that was presented to the PUB and CC on those dates Based upon the support of the PUB and CC, staff proceeded forward w~th negotaataons with AWC to include flus work as a change order to their ex~stmg contract w~th the C~ty of Denton Change Order #4 (PCM-05 Exluint IV) ancludes mstallaUon of the 60" raw water supply hne to the raw water pump station and the 42" raw water supply hne from the pump stataon to the Ray Roberts Water Treatment Plant Tins change order also includes addmunal work that was not originally adent~fied m the plans or was reqmred by the USACOE to allow the e~ty to install the water supply p~pelmes m the ongmal ahgnment Tins included 1 The mstallatlun of a french drmn system along the northern edge of the constructed wetlands Th~s drmn wall ~mprove the ingh groundwater s~tuataon that effects the porhon of the 42" p~pelme that runs through the constructed wetlands area 2 Reducing the slope of an ex~st~ng embankment that runs adjacent to the rontmg of the 60" supply p~pehne that ~s fa~hng Tins embankment was cut too steep when the C~ty of Denton ~nstalled the access road for the Lake Ray Roberts hydroelectric famhtles 3 The removal of the constructed wetlands that was buth over the proposed 42" raw water supply p~pelme route Th~s work includes the removal of three berms and control structures, re-grading the area and reseeding The wetlands m~tlgatmn reqmred by the USACOE w~ll be performed offs~te at the Range Creek Wetlands s~te located at the northeastern s~de of Lake Ray Roberts The offstte m~t~gat~on work w~ll be performed by city staff and ~s not a part of the scope oftlus change order 4 The installation of a mhne strainer on the 60" raw water supply prpehne was added to protect the raw water pump station equipment from any debris that can pass through the bar grates located on the USACOE outlet control structure Prior to the dems~on to remove the raw water supply plpehnes from the water plant bids, the engineer's estimate for the construction cost of these two p~pehnes was $ 1 3 mdhon dollars Since staff antm~pated that there would be additional work required to address the wetlands mitigation ~ssues and to ~nclude a contingency mount to deal with other posslble unknowns, staff included approximately $ 1 5 mllhon m the CIP budget for FY 2002 for the raw water supply p~pelmes Since the work being proposed ~s almost entirely on the Umted States Army Corps of Engineers (USACOE) Lake Ray Roberts project property, staff also requested pricing lnformatson from AWC to consider installing an underground electric and communmat~ons duct bank from the water plant to the raw water pump station as an alternative to the ~nstallatlon of the contract reqmred overhead electnc power line Although th~s alternative would provide ~mproved communications and electric power supply rehablhty for the raw water pumping station, staff ~s not reconnnendmg tins work be included w~th Change Order #4 for the following reasons 1 The cost dsfference between the underground verses overhead was h~gher than staff had originally projected The electrical subcontractor for AWC would perform ttus work 2 Although the rest of the secondary power supply for the project on the plant property was designed for underground servme, the length of the secondary feeder to the raw water supply pipeline was too far to justify the ~ncreased cost to install underground condmt 3 Aesthetms were not a slgmficant ~ssue for this location s~nce there ~s an exmtmg primary voltage overhead electric supply hne that hms parallel to the proposed raw water pump station power supply line that supphes electric power for the hydroelectnc generating station at the outlet works 4 There are hrmted problems w~th existing trees along the proposed overhead electric power supply hne for the raw water pump station and the rehabd~ty ~mprovement prowded by the underground electric supply d~d not justify the added cost of approximately $ 250,000 Staff feels that the negotiated change order represents pricing that ~s fair and favorable to the City of Denton Exhibit V m a letter of recommendation from FNI endorsing the price 2 negotiation with AWC for the proposed work described above The total cost of the change order ~s $1,006,626 31 and compares favorably with prior budgets, cost estimates and b~d prices obtmned on s~m~lar projects OPTIONS 1 Approve the Change Order as subrmtted by Archer Western Contractors, Ltd, and as recommended by Freese and N~chols 2 Reject the proposal and renegotmte the terms and price 3 Request that staff include th~s work as a pan of the bidding process for the 54" fimshed water transmission pipeline project to be b~d ~RECOMMENDATIONS Staff recommends approval of Change Order #4, m the amount not to exceed $ 1,006,626 31 Th~s change order includes the ~nstallatmn of the 60" and 42" raw water supply p~pehnes, the mstallatmn of the french dram, re-grading of the fmled embankment slope, installation of the plpehne strainer, and the removal of the ex~stmg constructed wetlands on USACOE property Thc change order does not ~nclude the installation of the underground electric supply hne to the raw water pump statmn or any offslte wetlands m~t~gatmn work at the Range Creek Wetlands Staff took flus ~tem to the Pubhc Utlht~es Board at the February 18, 2002 meeting and can brief the City Council on their recommendatmn at the Counml Meeting -ESTIMATED SCHEDULE OF PROJECT The plant should be operatmnal by the spnng / early summer of 2003 The project is currently ahead of schedule and ~s approximately 30% complete PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMM ) PUB December 18, 2000 - Review admnustrat~ve procedures for processing change orders for the Lake Ray Roberts Water Treatment Plant ProJect April 16, 2001 - Consider Approval of the B~d Award to Archer Western Contractors, Ltd, for the Construction of the Lake Ray Roberts Water Treatment Plant for the Total Amount of $ 35,785,257 December 10, 2001 - Receive a report from staff, hold a d~scusslon and provide d~rectmn concerning the contract alternatives for installing the raw water transmission supply hne for the Lake Ray Roberts Water Treatment Plant on USACOE property January 7, 2002 - Consider approval of Change Order #2 to Archer Western Contractors, LTD for modlficatmns to baffle walls between the Flocculatlon - Scdlmentatmn Bas~ns, m an amount not to exceed $ 96,126 49 January 7, 2002 - Consider approval of Change Order #3 to Archer Western Contractors, LTD for morhficatmns to alectnc transformers and swltchgear eqmpment, m an amount not to exceed $ 71,328 36 February 18, 2002 - Consider approval of Change Order #4 to Archer Western Contractors, LTD for mstallatmn of raw water supply plpehnes and related fac~ht~es, m an amount not to exceed $1,006,626 31 City Council January 23, 2001 - Review administrative procedures for processing change orders for the Lake Ray Roberts Water Treatment Plant Project May 1, 2001 - Consider Approval of the Bid Award to Archer Western Contractors, Ltd, for the Construction of the Lake Ray Roberts Water Treatment Plant for the Total Amount ors 35,785,257 January 8, 2002 - Receive a report fi.om staff, hold a thscuss~on and provide direction concerning the contract alternatives for installing the raw water transmission supply line for the Lake Ray Roberts Water Treatment Plant on USACOE property January 8, 2002 - Consider approval of Change Order #2 to Archer Western Contractors, LTD for modifications to baffle walls between the Flocculatlon - Sedimentation Basins, m an amount not to exceed $ 96,126 49 January 8, 2002 - Consider approval of Change Order #3 to Archer Western Contractors, LTD for modifications to elect'nc transformers and swltchgear equipment, m an amount not to exceed $ 71,328 36 FISCAL INFORMATION The total contract award to Archer Western Contractors Ltd, for the Lake Ray Roberts WTP project was $ 35,785,257 This included a $ 700,000 bid item to allow for contmgenmes dunng construction as well as a $ 50,000 bid 1tern for instrumentation upgrades dunng construction The following change orders have been approved or are pending approval for this project Chan e Or er # Desert tton Total Amount 1 Additional Culverts on $ 24,932 66 0 071% Burger Road 2 Concrete Baffle Walls for $ 96,126 49 Floc-Sedlmentat~on Basins 0 274 % 3 Primary Transformers $ 71,328 36 0 204 % And Electric Swltehgear 4 Raw Water Supply Plpehnes $1,006,626 31 2 873 Totals $1,199,007 82 3 422 % Change Order//4 was not intended to be funded through the use of the $ 700,000 bid item for contingencies and tilts work was budgeted as a separate item in the FY 2002 CIP (Exhibit VI) A total amount of $1,526,000 was budgeted for tlus work ($1,026,000 in bond funds and $ 500,00 in impact fee funds) The total euntract amount for the Lake Ray Roberts 20 MGD Water Treatment Plant project would be increased by $1,006,626 31 to provide the funds necessary for mcludang Change Order g4 in the Revised Contract with AWC The funding for Change Order #4 would come fi.om the funds available for this FY 2002 CIP project See Exhibit II 4 Exbablt I Ordinance for Change Order #4 Exbablt I! Location Map Exhibit III January 8, 2002 City Council Agenda Item Exhibit IV PCM-05 from Archer Western Contractors, Ltd Extublt V February 8, 2002 Letter of Recommendation from Freese and Nichols, Inc Exhibit VI FY 2002 CIP Detml Sheet - Raw Water Transmission Main Respectfully submitted Howard Martin Assistant City Manager/Utflmes Prepared by Tim Fisher, P E Assistant Director of Water Utilities ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER FOUR TO THE CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND ARCHER WESTERN CONTRACTORS, LTD, PROVIDING FOR AN INCREASE IN THE SCOPE OF WORK AND AN INCREASE IN PAYMENT AMOUNT, PROVIDING FOR THE EXPENDiTURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (ORDINANCE NO 2001-192, BID NO 2612 - LAKE RAy ROBERTS 20 MGD WATER TREATMENT PLANT AWARDED TO ARCHER WESTERN CONTRACTORS, LTD IN THE AMOUNT OF $35,785,257, PLUS CHANGE ORDER NUMBER FOUR IN THE AMOUNT NOT TO EXCEED $1,006,626 31, FOR INSTALLATION OF RAW WATER SUPPLY PIPELINES AND RELATED FACILITIES THERETO FOR A TOTAL REVISED CONTRACT AMOUNT OF $36,791,883 31) WHEREAS, on the 1st day of May, 2001, the City Council of the City of Denton enacted Ordinance No 2001-192, thereby awarding a public works contract to Archer Western Contractors, Ltd, in the amount of $35,785,257 for the construction of the Lake Ray Roberts 20 MGD Water Treatment Plant and related improvements, and WHEREAS, the Staff having recommended, and the City Manager having recommended to the City Council that a change order be authorized to amend such contract with respect to the scope of work, materials, labor and an increase in the payment amount, and said Change Order Number Four, being in compliance with the requirements of Chapter 252 of the Texas Local Government Code, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That Change Order No Four, increasing the amount of the public works contract between the City &Denton, Texas and Archer Western Contractors, Ltd, winch is on file in the office of the Purchasing Agent, in the amount of One Million Six Thousand Six Hundred Twenty Six and 31/100 ($1,006,626 31) Dollars, is hereby approved, and the expenditure of funds therefor is hereby authorized in accordance with smd Change Order Number Four The total purchase order amount for smd Contract therefore increases, and is amended to read $36,791,883 31, which funds shall be used for payment pursuant to smd Contract to Archer Western Contractors, Ltd SEC~ That tbas ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this _, day of ,2002 EULINEBROCK, MAYOR EXHIBIT I 6 ATTEST JENNIFER WALTERS, CITY SECRETARy By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documents\Ordmances\02~Archor Western Change Order No 40rd doc 2 ? A, GEi~DA]i¥1~O~T~ON$1:I~ET AGENDA DATE Januat-y 8, 2002 DEPARTMENT Ut~hty Administration ACM Howard Martin, 349-8232 ~ SUB,IECT Recewe a report from staff, hold a d~scuss~on and provide direction concerning the contract alternanves for mstalhng the raw water transnussion supply line for the Lake Ray Roberts Water Treatment Plant on U.S. Corps of Engineers property BACKGROUND The Lake Ray Roberts Water Treatment Plant project is m the 7t~ month of the constmctlon phase and the project ~s approximately 30% complete So far the project is running ahead of schedule and staff has only recently approved the first change order for the project (PCM -001 for add~tmnal culverts on Burger Road, an owner lmtlated change order in the amount of $ 24,932 66) Prior to the bidding stage, the original construction plans were prepared to include the following fac~lmes 1 A 60-tach diameter raw water supply line extending fi.om the Ray Roberts outlet control structure and hydroelectric generator supply line to a raw water pump station 2 A raw water pumping statmn 3 A 42-inch diameter raw water supply line extending fi.om the raw water pumping statmn to the water treatment plant 4 A 20-mgd surface water treatment plant w~th chemical feed eqmpment, operatmas/malntenance and admlmstratmn bmldmg, and standby electrical generatmn famht~es 5 A 6-rog treated water ground storage reservoir 6 A 30-mgd high servme pumping station Shortly before the project was to be released for b~ds, staff and the engineering consultant recommend removing the two raw water transmission p~pelmes 0terns 1 & 2 hsted above) fi.om the b~d documents due to comphcatm~s w~th the right of way and routing of the 42-tach pipeline to be located On the USACOE Lake Ray Rob~ project property Staffdid not want to include work that had a reasonable potentml of changing during the constructmn phase and felt this work could be included with the 54-tach treated water transrmsslon p~petme project that would be b~d later that year EXHIBIT III 9 The key problem with the pipeline routing on the USACOE property was the original design and routing was first dstermmed when the plant facilities were originally designed m 1990-1991 However, the project did not proceed forward with construction at that tmae and the easement agreements with the USACOE had been m~tlated but not finalized at that t~me The USACOE later constructed a drainage channel on the City of Denton's Lake Ray Roberts Water Treatment Plant project property per the City's request Tins drainage channel was necessary to elnnmate the drainage nuisance caused by the USACOE's groundwater rehe£ wells that had been constructed along the base of the dam that discharged into a natural drainage way that went through the city's property Unfortunately, the USACOE determined that tlus drainage ~mprovement reqmred a wetlands rmtlgatmn effort and the USACOE subsequently constructed a man made wetland on their Lake Ray Roberts ProJect property that was on the proposed raw water pipeline route Dunng the bidding phase and the first several months of the constmctmn phase of the new water treatments plant, staff and the engmeenng consultant, (Freese and Nichols, Inc ), have been workang with the USACOE to evaluate reroutmg and redesigning the 42-tach raw water line or elmunatmg the constructed wetland on USACOE property and mitigate the wetlands loss at another location Based upon the progress and decisions made by both parties to date, it appears that the most cost effective and desirable approach will be sta)nng with the original design and doing wetlands mlttgatlon offslte Staff and the engmeenng consultant are finalizing these arrangements and are now making decisions concermng the preferred method of procurement for the installation of the raw water lines and the wetlands removal on the USACOE property Based upon a variety of' reasons, staff and the engmeenng consultant are recommending that ttus work be procured by negotiating with the Lake Ray Roberts Water Treatment Plant contractor, (Archer Wastem Constructors) to perform this work as a change order to the plant project Exhibit 11 detmls the reasoning beband this recommendation Staff is proposing to manage the offslte wetlands rmtlgataon construclaon work that was a part of these negotiations w~th the USACOE using City of Denton drainage dlwslon personnel Tins offmte wetlands mitigation w~ll consist of relatively minor repmrs to existing structures on the Range Creek Wetlands Project located on the USACOE Lake Ray Roberts ProJect property on the northeast side of the lake Staff sees several advantageous to the City of Denton by using this change order approach and is seeking support fi.om the PUB and City Council to manage it in ttus way Change orders can typically be separated into three categories 1 Owner tmtaated changes to the scope of work outlined ~n the contract documents 2 Engineer's errors and ormsslens in the plans and specfficatmns 3 Unforeseen site conchtmns In each case, it m to the owner's benefit to have access to the change order process to made decisions that are tn their best interest Procurement of the raw water plpehnes through a change order process tn tlns instance would be an owner initiated change order since it constitutes a change in the contract scope requested by the owner 10 Option 2 has the advantages of economy of scale but has the disadvantages outlined in Exhibit II that favor the change order process On December 10, 2001, the PUB recommended for staff to proceed forward wath the change order negotlatmn process approach by a vote of 5-2 Some board members expressed concerns about using a change order process for a change of this magnitude However, the PUB recognized that tins approach offered advantages to the City of Denton over the other two options and the work was originally designed to be included w~th the project before right of way comphcatlons affected the demsmn to remove these items fi.om the contract prior to releasing the project for bids The meeting minutes for the December I0, 2001 PUB meeting are enclosed as Exhibit PRIOR ACTION REVIEW (COUNIL, BOARDS, COMMISSION) PUB December 18, 2000 - Review admnustrative procedures for processing change orders for the Lake Ray Roberts Water Treatment Plant ProJect December 10, 2001 - Consider the contract alternatives for installing the raw water transmission supply hne for the Lake Ray Roberts Water Treatment Plant on USACOE property Clt'y Council January 23, 2001 - Revmw adrmmstrat~ve procedures for processing change orders for the Lake Ray Roberts Water Treatment Plant Project MAP See Exhibit I Respectfully submitted Howard Martin Assistant City Manager, Utilities Prepared by Tmaothy S F~sher, P E Assistant Dfi'ector of Water Ut~ht~es Extnb~t I - Location Map Extub~t II - Letter from[ Freese & N~chols recommending the procurement of the raw water p~pehne vm ~ change order process, Nov 14, 2000 Exhab~t III ~Pub/lc Ut~htles Board Meeting Manures, December 10, 2001 12 November 30, 2001 Mr Trna Fisher, P E Assistant D~rector- Water Utflmes C~ty of Denton 901-A Texas Street Denton, Texas 76201 Re Recommendation on Procure.men* of P.a~ Water Line Construcuon Lake Ray Koberts Surface Water Treatment Plant DTN00343C Mr F~sher We are proceeding forward w~th the preparation of the detailed ~nformatmn to allow Archer Western Constructors to pro, nde a cost to the C~ty o£Denton for constructing the raw water p~pelme fi.om the hydrojunctmn box to the Raw Water Pump Statmn and the discharge line from the pump stataon to the Lake Ray Roberts Water Treatment Plant We beheve that ~£ is m the C ' lty of Denton s ~nterast to procure the constructmn of the line through an amendment to the LRRWTP consmactton contract the C~ty has wth Archer Western, g~ven an acceptable price can be negotiated Factors suggesting that th~s approach would dehver a consla-acted pipeline that meets the C~ty of Demon's quality and cost reqmrements include ! AW has demonstrated on the LRRWTP that they are a quahty contractor who can compleSe the work. 2 AW is already mobilized at LRKWTP w~th crew and eqtupment avmlable that should result m a eompeuttve price 3 T!u~ approach w'dl nnmm~e coordmatmn problem, espee?21y ~th respect to tm-m issues, between two different contractors ebm~natmg the potenUal for eoordmaUon clamas Tins ~s especmlly cnUcal m hght of the work being on USCOE property and needing to mm~rrnze the habfl~ty for ela~m~ for damage to the Corps property 4 It ~s also advantageous, v~th respect to heightened terrorist/security concerns to lumt the number of d~fferent contractors and personnel accessing resmcted areas of federally controlled reservom 5 The s~ze of the p~pelme project ~s relatively small wbach may result m sub-opUmal competmve b~ddmg There ~s a greater than nonna/chance ora noram~lly quahfied contractor subnnttmg the low b~d The contract amendment approach allows the C~ty to get a large and well-quahfied contractor 6 There should be fewer defendable surprises as AW ~s fannhar w~th the work, the area, the ground conditions, ere [:reese and Nichols, Inc il ~ng~neers ~ ~nwronmenta~ Scientists ~11 Arcmtects 4055 Intemat~onal~laza ~, Suite200 '"' FortWerth Texas ~1 78109-,4895 '[ 4 8177357300 ~1 Fax 817735749~ ~ wwwfreesecom 11/30/2001 Page 2 of 2 7 No b~d process is nece.~sary The cost and tnne reqmrJd for preparatm~n~ of contr~t documents will be save~i ~ g The contractor is h~ghly motivated to be responsive mt~mg and m co~t to a request for a contract amendment oftlns type Th~s zs due to the'iurrent schedule having their p~pehne crew on-site m the next couple of months and an understandable wzsh to elirmuate elements not m their control (separate contractor) The melme reqmred for a conventmnal bidding process would hkely be mcompatzble wzth the t~mmg of their pipeline crew bemg on site and the cost advantage would be lost We are of the opunon that the City of Denton and Frcese and Nichols, Inc have adequate hzstcncal cost reformation on smnlar, recently constructed p~pelmes to assure that thc cost for constmctmn subnntted by Archer Western, Inc to perform tbs work ~s comparable wth costs that would be expected ~f the project were competzt~vel¥ bid Our rccommendauon of award, if appropriate, would include the cost compauson mfonnatmn In response to your mqun-y on the emstmg state laws governing change order mounts allowed under the emstmg contract Texas Local Government Code 252 048 allows the total amount of change orders on a project to be up to 25% of the original contract amount. Tlns would equate to $8,946,314 25 Even wzth the potentml mclusmn of the raw water line as a change order we do not expect that the total change order amount for the Lake Ray Koberts WTP vall approach the 25% If the City of Denton, v~th our assistance, is not able to negotmte an acceptable contract amendment price, conventmnal bidding is still an optmn However zt would be more chfficult to try conventzonal b~ddmg first and ~fthe results are not acceptable try negotmtmg an amendment wzth the contractor We recommend the City proceed vath a contract amendment wzth Archer Western for the construclaon of the. pJ, Iaelme based on the factors stated above If you have any questtons, please do not hesitate to call Sincerely, E AND NICHOLS, INC Ra, y'mond tL Longo:a~, P E, DEE Pi:oj ect M~nzger cc Office File DTN00343C/4 I0 15 1 PUBLIC UTILITIES BOARD MEETING MINUTES 2 ' December 10, 2001 3 4 After determ~mng that a quorum of the Public Utilities Board of the City of Denton, Texas was 5 present, the Pubhc Utd~tles Board convened into an Open Meeting on Monday, December 10, 6 2001 at 9 03 a m ~n the Servme Center Troamng Room, City of Denton Service Center, 901-A 7 Texas Street, Denton, Texas 8 9 PRESENT. Dick Norton, George Hopkins, Charldean Newel1, Dick Smith, Jim 10 Wilson, Don White and Bill Cheek 11 12 EX OFFICIO MEMBERS 13 Mike Conduff, City Manager 14 Howard Martin, Assistant City Manager/Utilities 15 16 17 4) Receive a report, hold a dlseusslon and provide direction concerning the contract 18 alternatives for installing the raw water transmission supply line for the Lake Ray 19 Roberts Water Treatment Plant on U.S. Army Corps of Engineers property 20 21 Tim Fisher, Assistant Director of Water Utthties, presented th~s report The Lake Ray Roberts 22 Water Treatment Plant project ~s approximately 30% complete The project is mnnmg ahead of 23 schedule and staff has recently approved the first change order for the project (PCM-001 for 24 additmnal culverts on Burger Road, an owner initiated change order in the amount of 25 $24,932 66 ) 26 27 Fisher reported that shortly before the project was to be released for bids, staff and the 28 engineenng consultant recommended removing the two raw water transmission ptpehnes from 29 the bid documents due to comphcat~ons with the right-of-way and routing of the 42-inch 30 pipeline to be located on the USACOE Lake Ray Roberts project property Staff felt it was in 31 the City's best interests to not Include portions of the original project that had a reasonable 32 potential of changing dtmng the construction phase and thought this work could be included 33 with the 54-tach treated water transmission plpehne project that would be bid later that year 34 Staffwas subsequently able to reach a favorable negotiation with the USACOE for right of way 35 and wetlands mitigation that allow the pipeline to remmn ~n its original route as earlier 36 designed At that point, the eng~neenng consultant recommended to city staff that this work 37 could be put back into the original contract through a negotiated change order process rather 38 than bidding ~t with the 54-inch treated water transmission project 39 40 The Board asked how large the dollar amount of the change order would be Fisher explmned 41 that the original engineer's estunate for the raw water transmission pipehnes prior to releasing 42 the project for bids was $1 3 million He stated since there was some additional work added to 43 this to address USACOE rewew comments, the removal of the cresting wetlands on USACOE 44 property, and to add a screemng device on the 60-tach raw water supply line, staff increased the 45 funding for the project in the FY 2002 C~ to $1 5 m~llion Fisher explained that the negotiated 46 change order would hkely fall below the CI~ budget but would hke to review the itemized 47 breakdown from the contractor first, assuming the Public Utility Board and C~ty Counml 48 supported the approach of using a change order rather than a bid process for this work F~sher 49 added that the total amount of the change order would be between 2 5 and 4% of the original 50 contract amount 1 1G 1 Hopkins strongly objected to a change order in tins amount and suggested that ~t might be 2 outside the scope of the original contract Fisher responded that the work was part of the 3 original scope of services incorporated into the contract agreement with the englneenng 4 consultant, Freese and Nichols, Inc but was removed from the bid documents due to the 5 uncertalntres of the pipeline routing on the USACOE property and the wetlands m~tlgatmn 6 issues Hopkins asked ~f the pipeline was a part of the original construction contract with 7 Archer Western or a part of the original englneenng services contract with Freese and Nichols 8 Fisher explmned that it was in the original contract with Freese and Nichols but was not in the 9 original constructmn contract w~th Archer Western since staff had instructed Freese and 10 Nichols to remove tins work from the plans due to the uncertainties related to the right of way I 1 on USACOE property Several Board members stated that they d~d not want to establish a 12 precedent by using a change order approach on projects in place of a b~ddlng process and 13 adwsed staff to avoid these situations m the future 14 15 Cheek asked several questions concerning the recent history for p~pehne projects that the C~ty 16 has taken through the competitive bidding process Cheek wanted to know the level of 17 competition that the City obtmned through the bidding process Fisher explmned that recent 18 pipeline projects that the city bid for the Hwy 377 20-1nch water hne and the Bernard - James 19 Street 20-tach water hne had a very large number of bidders (17 for Hwy 377 and 18 for 20 Bernard - James) and the low bidder was between 30 and 40% below the engineer's final cost 21 estimate 22 23 Smith asked why the Board and City Council weren't apprised of the situation when it became 24 evident Fisher explained that mitmlly there were a lot of unknowns with respect to how the 25 raw water pipeline routing and wetland msues would be resolved w~th the USACOE and the 26 main focus leading up to the time of bidding was keeping the main water plant construction 27 contract on schedule Staff thought they could address these issues when more facts became 28 available Fisher said that originally he had ~ntended to ~nclude the line ~n the transmission 29 pipeline project but was w~lhng to reconsider tins approach when the englneenng consultant 30 suggested that the change order process offered advantages to the City that the bidding process 31 did not F~sher apologized for not keeping the Board better reformed 32 33 Chairman Norton asked the Board to vote on a recommendation for staff to negotiate a change 34 order with Archer Western, with a full understanding that change orders of this magnitude will 35 not be a standard bus~ness practice w~thout Board or Council authonzatlon 36 37 Board members &m Wilson, Charidean Newell, Dick Norton, White and Smith voted m 38 favor, with strong concerns raised regarding the amount of the change order and the lack 39 of communication with the Pubhe Utilities Board Board members }topkms and Cheek 40 voted against The Public Utilities Board recommended approval by a vote of 5-2 41 42 43 44 45 46 47 48 49 50 2 17 - _ SUBMITTAL TRANSMITTAL PROJECT. Lake Ray Roberts Water Treatment Plant -"--PROJECT N---------'~ OWNER City of Denton, Texas CONTRACTOR. Archer Western Contractors, Ltd 201052 ENGINEER Freese and Nichots DTN00343 REFERENCE DATA Contractor's Submittal No PCM-005 Spectflcatton Section Plan Sheet No Description RAW WATER PIPFLINE CONTRACTOR'S CERTIFICATION I hereby certify that th/s submtttal has been rewewed by the Contractor and is m stflct conformance w~th the Contract Documents as modified by Addenda, Change Orders and Fteld Orders Certified ~y Date 02/11/02 DATE RECEIVED' BY ,~FE~.,~ DATE RETURNED BY DESCRIPTION #SENT #RTN'D ~ , ~STATUS Contractor's Modification Request Certified Test Report O Approved as Noted Equipment Installation Report O Not Approved O Revise & Resubm,i Notification By Contractor O Filed as Received Proposed Contract Mod~fioation O F~nal O~stnbutton Payment Request O Change Order issued Prolect Photographs O F~eld Order issued Record Data O Recommended for Approval Requeat For Information O Returned WtO Rewew Sample O Add J Information Required Schedule Of Progress o Canceled Shop Drawings t o See Rewew Comments COMMENTS' i ~ ; .~ FOR ENGINEER'S USE ONLY ! DISTRIBUTION REVIEW SENT TO SENT TO BY SENT RET'D ~lshe~ Denton - F:eI~ : ] Montgomery Watson EXHIBIT IV 18 FEE£eE o NICHOLS PROPOSED CONTRA CT MODIFICATION ATTACHMENT (4417~ ) PROJECT __ _L_a_ke_..P,a~v_~o~_be.rts ?_a_te[_TreaLm_ent Plant PRO IFCT NUMBER OWNER _ C~_o_f_D e.n t o n~ ,_ .Te~.x.a_s ~ CONTRACTOR ArcherWestsm Contractors Ltd 201052 ENGINEER Frease & N~chols~.ln_.c ..... DNT00343 DESCRIPTION Raw Water Pipeline NO PCM-005 NOTIFICATION TO CONTRACTOR The Owner propoaas to make the additions, modifications or deletions to the Work descnbed In the Contract Documents as shown ~n Attachment "A" We request that you take the following action within 10 calendar days Notify us that you concur that this change does not require a change in Contract brae amount A Field Order w~lt be lesued X Submit a PncelCredtt Proposal wd:b detailed c .... ~3kdown of labor matenals equipment and all other costs related to this change Impacts on Contract Time shall be shown in a revised schedule included with the submitted proposal Proceed with the change Paymem will be mede at the un~l price b d L~ Proceed with the change under the time and matenals prowslons of the Ccntrac* Aathonzation to proceed with changes must be approved by the Owner through Change Order accordance wrth the Contract Documents By $1;eye Wilson Date 2/11 t02 CONTRACTOR'S RESPONSE We respond to your request as follows [- We propose that this Is a no cost or time change issue Field Order I~ We submit the attached Pnce/C~'edrt. Proposal with detailed cost breakdown and rewsed schedule for performing the dascnbed change {_~1 We are proceeding wr[h the change at the umt pnce b~d [] We are proceeding with the change under the time and matenals provisions of the Contract~ By ~,~ ./"/ Date ~~,1 ACTION TAKEN ~ Proposed Contract Modification rejected See comments [ J Field Order will be issued ~ Change Order w~ll be issued By Date 19 r~e~s~ - N~C.OCS PROPOSED CONTRACT MODIFICATION ATTACHMENT A ln the ~/lt~Ct ~uments Authonzat~on to p~ed w~th these changes must be app~ved by F~eld O~er or Change O~er m acc~ance w~th the Con~ract Documents pnor to commencl~ the wo~ ~nvo~ Comments Th~s cost proposal shal~ ~nc~ude the foll0wlng [fl~ms * Slope Failure Repair * Wetland Demol~hon ~ French Dra~n System - Sttewo~ ~ Clearing, Grabbing Tree Removable & Restoration ~ C~~ ~qnei Dm~n Crossing ~ 60" pipeline from In.ko ~o Pump Station * 42" p~pehne from Pump Station to Tm~ment Plant e Note The el~tncal shall be ~nstalt~ as ~r plan and spec~flcatmns (No Underground) (See AEach~ Drawings ~ for locabons and details) By Steve Wilsqr~ Date 2/11/02 20 CORRESPONDENCE DAIF labmary II 2002 DEAR SIR (.£ SCOTT SMILE'~ Pa Kolb 21 CHANGE ORDER JU~ TIFICATION PROJECT LAKE RAY ROBERTS CITY AUBREY DATE COUNTY -SEj;~ T~N ~. ITEM OF~WORK Raw WATER PIPELINE ESTIMATED QUANTITY 3500LF DEjSCR]PTIO_N -- Q~JANTiTY PRICE' LA~_.BO~ - I~I~TERIAL E_QUIPMENT SUB LABOR 6478 65 $ 1520$ 98475 48 55% WiC II~$URANCE AND TAXES $ 54 161 51 5% COMPENSATION $ 2 70808 ' TOTAL LABOR COST $15-~T~45 67 MATERIAL 60 STEE~?I?_E_ _ 295 $ 355 93 S 105 O00 00 42 STEELPIPE 2602 fi; 10183 $26496400 AGGREG,~TE I $ 77 500 00 $ 77 500 O0 CONC/F[,w Ft[.L ' $ 33 164 00 $ 33 164 00 42 VALVES 2 $ 11 971 40 $ ~394280 MISC ACCESSORIES ~ $ 49,389 20 $ 49 389 20 FRENCH DRAI~I 1 $ 4 46~8"00 $ 4 468 00 SUBTOTAL $ 558 428 00 5% CO~ISENSATION $ 27 921 40 TOTAL MATERIAL COST $ 586 349 40 EQUIPMENT 375 EXCAVATOR * $ 50 300 O0 $ 50 000 0C COMPACTOR I $ 1730000 $ 1700000 d6"'6i5'2¢~ "~" ~ $ 33 300 oo $ 33 00(~ oo LOADER $ 22 00000 $ 22 00000 PICKER 1 $ 033200 $ 993280 SUBTOTAL $ 131 932 0O 5% COMPENSATION $ 8~9~ 60 TOTAL EQ'~iiI~MENT COST $138 528 60 SUBCONT~CTOR TRUCKING ~ ~ 25,000 O0 S 25 000 O0 SEEDING i $ 16,87000 $ 1687000 FENCING .... F ......... ~ $ 4 25000 $ 4 25000 W~DI~G ......... 1 $ 43 5¢000 $ 43'~0~0~ u sc ' ' ...... 7;7'-7-.. ......... ,, SUBTOTAL , $101 4¢8 00 ¢/;¢O~N~A~IdN ....... $ 5 074 90 TOTAL SUBC~NT~TOR COS~ $ 106 5~2 90 INS0~CE ........... .. $ 7 Z~ 56 GRAND TOTAL · ~ I~C6 626 ~1 22 ! ebrue~ ! 1 2002 Tim F~sher, P E Assistant Director of Water Uttlmcs Cll:y of Denton 901.A Texas Street Denton, iX 76201 Qt/of D~ato~ L~c ~y Roberts burtace ~ a[er Con~act D~00343 Re~lcw of Amh~-Westem s ~w Water Pipeline Char~ge Order Proposal De~ Mr F~sher A~ you requested, w~ hav~ ~vtewed the pricing submitted by thc contractor new raw watg p~pelme Irom the raw water pump stallon to plak ~e Engineer% CStl~tC tot/h;s add:tmn~ wo& dasd 2~21/01 w~ $1,319,700 00 ~c Engineer s c~a[e at that ~me did not lnclu~ d~ohnon of the ex:sting wettand~ ~qy ~1o~ f~l~e repaar, a F~nch dram system a 60" sMmless steel ~m~cr or flowabtc fill ~c~lll aro~d the 60" p~hne The~e ~tems w~rc added ~ a r~sult of dlscusslon~ w~th the Co~s of Engmeen ~gardmg the reqtllrcd ~:t for in~Mlatton of ~e plpehne It ~e Engineer s c~a~ ~s revised to ~flect ~osc additional llem$, the tev~ed estimated value for ~s w~ m approximately $1.483 247 00 Th~ comr~or ~ proposal for all of this work ts $1,006,626 31 We have M$o mv~stl~ted the cont*acter's propel on a hnc ~tcm basts Wc have compared th~ contractor's ~cmg to histoncM intonation ~at F~es¢ ~ Nichols ha~ available a~ well as ~c sepal values coat.ned m ~her-Westem's schedule of valuea Ior stm~l~ wor~ on the ~cnt project fhe co.actor's pnclng com~e~ tavombly w~th ~hts h~tonc~ mforma~on B~ed on the above review Frc~c ~d N~chols feels ~t thc pro~sed ch~ge oMer ~e fair ~d re~onaMe Ple~e note that Freeze and N~chol~ pr~lo~s estl~te included ~actor mohdl~at~on and profit co~t~ ~lnce they would hav~ been apphcable to a no~al project b:d ~[~Hon Even fftho~c coats ~c removed from EXHIBIT V 23 thc previous est~male, lhe res'ultmg amo/w.t ($1 381,380 33) would snll bc sigmficamlv above the pr~.e lhat Arehcr. WcsIcm has l:roposed for completing ~h~s work '1 herefore, ~t is our opmmn that the Cl~ Is receiving ~ price for [h~ extra work lhat would compare v~ favorably to ~v ptlc~g slmcture ~at m~ght be obuamed trois work were pursued uqmg Ibc bid procurement me~ We ri,commend ~at thc Ct~ proceed ~th approving this ad~llloB ~ ~e contract Ptea~e le me know ff ~ou have an~ quesuom on ~e in~o~atlo~ mu[~d above I am avmlablc lo mce[ Wl~ ~ou ~ ~uur convemunce to d~cuss ~ls ~ssue fmher ~P~L~F~ESF ~NIC~tOLS INC 24 Capitall Improvements Project Project Title Raw Water Tramamlsalon Ma,n ActtviO~/FERC Project Type Orowth Funding Utility Bond~ Fiscal Year Description Comment Date Object Codee Amount 2002 Construction ~ t 10/1/01 9158 I $759 000 O0 ~002 Desrgn 10/1/01 8560 $74 000 O0 2002 Easement Acquisition I 10/1/01 8566 $100 000 O0 2002 Surveying 10/1/01 8563 $62 000 O0 2002 nspsctlon 10/1/01 8562 $$1,000 00 Uttii Bonds Totaal _ ............................ t),_ __ _ J $!02600000 Other Fiscal Year Description Comment Date Object Code~ Amount I 2002 IConstructlon IUse of lmpact Fee Rev [ 10/1/01 ] 9138 ] $500000001 .............................. ot_~_r_o!~ _b $6oo,o_o_o oo Project Tota~l Comrt~nt~ EXHIBIT VI Pn~e~ 22 0f67 25 AGENDA INFORMATION SHEET ~ ~ ~,~~_" ~' _ __ AGENDA DATE. February 19, 2002 Questions concerning this acqmsltlon may be dxrected DEPARTMENT' Purchasing to Sharon Mays 349-8487 ACM: Kathy DuBose, Fiscal and Munm~pal Servlces~ SUBJECT An Ordinance of the C~ty of Denton, Texas authorizing the expenditure of funds for the payments by the City of Denton for Electrical Energy Transmlssmn fees to those hsted c~tles and utilities prowdmg energy transmission scrvmes to the C~ty of Denton, and providing an effective date (Purchase Order 102964 to TXU Elecmc Transm~ssmn D~v, and Purchase Order 102963 to C~ty Pubhc Services, m the total amount of $85,847) BID INFORMATION Thc two purchase orders reflect the estimated cost of transmmsmn of electrical energy from the generation source to the Denton Mummpal Electric Dlstnbutmn System for September through December 2001 The purchase orders arc for payment of a fee ~mposed by the Pubhc Utlhty Commission of Texas (PUCT) for planned transmission services of energy dchvered to the C~ty of Denton The Public Utd~ty Regulatory Act of 1995 (PUP~ 95) reqmred the development of a new, statewlde mechanism for elect~c transm~ssmn service ~n Texas PU~A 95 also placed mumclpal utlht~es under the jurisdiction of PUCT for matters related to transmission As a result, the Denton Mununpal Electric Utd~ty has been ordered by thc PUCT to pay various other electric utd~tles m thc State sp¢cffic amounts The subject purchase orders provide thc City of Denton the anthonty reqmred by the C~ty Charter to make those payments These purchase orders will encumber funds estimated as costs for servmcs through December 31, 2001 No funds will actually be spent until mvomes are received, rewewed, and approved RECOMMENDATION We recommend approval of Purchase Order 102964 to TXU Electric Transmission D~vlslon ~n the amount of $30,379, Purchase Order 102963 to C~ty Pubhc Service, in the amount of $55,468, for a total amount of $85,847 PRINCIPAL PLACE OF BUSINESS TXU Elec-Transmmslon D~v City Public Services Dallas, TX San Antonio, TX Agenda Information Sheet Febmary 19, 2002 Page 2 FISCAL INFORMATION: Funds to meet these regulatory fee obhgatlons were budgeted ~n a 2002-2003-budget account (600400 6072) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 10P 102964 - TXU Elec - Transmission D~v $ 30,379 Attachment 20P 102963 - City of Pubhc Service $ 55,468 I AlS OP 102964 TXU TEXAS TRANSMISSION DiV OP 102963 CITY PUBLIC SERVICES ATTACHMENT 1 ATTACHMENT 2 o ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY TRANSMISSION FEES TO THOSE LISTED CITIES AND UTILITIES PROVIDING ENERGY TRANSMISSION SERVICES TO THE CITY OF DENTON, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDERS 102964 TO TXU ELECTRIC TRANSMISSION DIV, AND PURCHASE ORDER 102963 TO CITY PUBLIC SERVICES, IN THE TOTAL AMOUNT OF $85,847) WHEREAS, in order to comply w~th the legtslatlve requirements contained m the Utility Regulatory Act of 1995, for the payment for energy transmission services fees, the C~ty of Denton ts required to pay such fees imposed by the Pubhc Utflmes Commission of Texas to two listed utilities set forth m Exhibit "A" and WHEREAS, the C~ty Manager has reviewed and recommended that the Ctty Council approve and authorize the payment of such, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the expen&ture of funds ~n the amount of $85,847 00 to be prod to the L~sted Utilities ~n the spemfied amount shown on Exhibit "A", which ts attached to and made a part of th~s ordinance for all purposes ~s hereby authorized SECTION 2 That this ordinance shall become effecttve tmmedtately upon ~ts passage and approval PASSED AND APPROVED th~s the day of ,2002 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO I/~AL FORM EXHIBIT "A" Purchase Order 102964 - TXU Electric Transmission D~v $30,379 Purchase Order 102963 - City Public Service $50,468 TOTAL $85,847 AGENDA INFORMATION SHEET AGENDA DATE' February 19, 2002 DEPARTMENT: City Manager's Office CM' Mike Conduff, C~ty Manager SW ECT Consider nominations and appmntments to the C~ty's Boards and Commissions BACKGROUND The following ~s a hst of current Board/Comm~ss~on vacanc~es/nom~nations Mary Ahce Moreno has resxgned from the Community Development Advisory Committee Council Member Redmon has nominated Will Taylor and Mayor Pro Tem Beasley has nominated Charlotte Bfllarreal Tracey Balnes has resigned from the L~brary Board This is a nomination for Council Member MeNefll If you require any further ~nformat~on, please let me know Respectfully submitted