HomeMy WebLinkAboutJune 14, 2005 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
June 14,2005
After determining that a quorum is present, the City Council will convene in a 2nd Tuesday
Session of the City of Denton City Council on Tuesday, June 14, 2005 at 4:00 p.m. in the City
Council Work: Session Room at City Hall, 215 E. McKinney, Denton, Texas at which the
following item will be considered:
NOTE: A 2nd Tuesday Session is used to explore matters of interest to one or more City Council
Members or the City Manager for the purpose of giving staff direction into whether or not such matters
should be placed on a future regular or special meeting of the Council for citizen input, City Council
deliberation and formal City action. At a 2nd Tuesday Session, the City Council generally receives
informal and preliminary reports and information from City staff, officials, members of City committees,
and the individual or organization proposing council action, if invited by City Councilor City Manager to
participate in the session. Participation by individuals and members of organizations invited to speak
ceases when the Mayor announces the session is being closed to public input. Although 2nd Tuesday
Sessions are public meetings, and citizens have a legal right to attend, they are not public hearings, so
citizens are not allowed to participate in the session unless invited to do so by the Mayor. Any citizen
may supply to the City Council, prior to the beginning of the session, a written report regarding the
citizen's opinion on the matter being explored. Should the Council direct the matter be placed on a
regular meeting agenda, the staff will generally prepare a final report defining the proposed action, which
will be made available to all citizens prior to the regular meeting at which citizen input is sought. The
purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear the
views of their fellow citizens without having to attend two meetings.
1.
Receive a report, hold a discussion and give staff direction on the contract with Freese &
Nichols, Inc. concerning the engineering review in the Development Review Process and
associated fees.
2.
Receive a report, hold a discussion and give staff direction regarding rental property
inspections and other rental property concerns.
3.
Discuss the nomination process for the City's Boards and Commissions.
NOTE: The City Council reserves the right to adjourn into a Closed Meeting on any item on its
Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended,
including without limitation, Sections 551.071-551.086 of the Texas Open Meetings Act.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the day of , 2005 at o'clock:
(a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON COUNCIL WORK SESSION ROOM 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.
AGENDA INFORMATION SHEET
AGENDA DATE:
J one 14, 2005
DEP ARTMENT:
Planning and Development
Jon Fortune, Assistant City Manager ft
ACM:
SUBJECT
Receive a report, hold a discussion and give staff direction on the contract with Freese &
Nichols, Inc. concerning the engineering review in the Development Review Process and
associated fees.
BACKGROUND
The City of Denton reorganized its engineering function and placed engineering development
review in the Planning and Development Department. Now, the City proposes to contract with a
qualified engineering consulting firm to provide development review for the engineering factors
associated with development proposals. This effort will include, but not be limited to, reviewing
plats, site plans, construction plans and variance requests during the development permitting for
compliance with the city Development Code and Code of Ordinances. The Consultant will
report directly for the Development Review Administrator in the Planning and Development
Department.
The proposal to reorganize the engineering functions of the City grew out of intense and lengthy
discussions with Council, developers, facilitated interviews with Denton staff, and professionals
in development review in other cities and included site visits to those other cities. Part of the
reorganization includes the proposed outsourcing of the engineering development review
function.
A committee composed of citizens in the local development community and the staff interviewed
all qualified applicant proposals. The committee rank:ed Freese and Nichols, Inc. number one. A
staff committee has been negotiating a specific scope and price with Freese and Nichols.
Attachment B is the proposed scope of services, contract and price proposal. The staff has held a
number of meetings with the consultant's team; the proposal herein is the latest resulting from
that series of meetings. Staff brings this forward to Council at this point in the process in order
to seek: Council concurrence or amendment to the direction in which the negotiations and
contract are heading.
Cost Comparisons
This section compares the City's cost before this contract to the potential costs under the
contract. The cost to the City of Denton to provide engineering development review in calendar
year 2004 was $333,476.25, including benefits. This includes the work: of professionals in real
estate, CIP, design support, GIS, as well as development review. It does not account for time
that was spent by professionals in Utilities or Planning engineering issues.
1
The City's annualized cost to implement this re-organized engineering development review
process will include the following:
1) Development Review Administrator (to provide customer contact, to interface with the
City's CIP and Utilities Engineering Department and to manage the contract). This
position was created when the engineering development review function was reorganized
and an Assistant Director of Engineering position was eliminated: (salary and benefits)
$119,000.
2) Recurring Fees (as set forth in the list in Attachment B and includes, for example, office
time in Denton, attending DRC, Planning and Zoning Commission, TxDOT, and FEMA
meetings, and assisting "walk: - in" customers): $225,600.
3) Fees for engineering development review for preliminary plats; final plats, Traffic Impact
Analyses, Conditional and Letter of Map Revision, variances, additional reviews, and the
site plan review associated with a non-single family building permit application. This is
an estimate based on Table 1 below. This cost will vary depending upon the number and
type of proj ects submitted in any year: $412,900.
Table 1 describes the application of proposed proj ect review fees (exclusive of recurring costs)
to the projects actually processed in the City of Denton in the calendar year 2004. The purpose
of this table is to estimate what the fees might be for various types of applications and to mak:e
an estimate of an annualized cost exclusive of the proposed recurring fees cost (#2 above) or the
cost of the Development Review Administrator (# 1 above).
Table 1. Application of Fees to 2004 Projects
Type of Permit Rate # In 2004 Fees
Commercial Building Permits $1,500 79 $118,500
Preliminary Plats
0 to 10 lots
11 to 50 lots
51 to 100 lots
> 100 lots
$1,300
$1,600
$2,100
$2,800
Final Plats
0 to 10 lots
11 to 50 lots
51 to 100 lots
> 100 lots
$2,500
$4,700
$7,500
$9,300
Total
35
3
5
3
$45,500
$4,800
$10,500
$8,400
39
1
4
10
$97,500
$4,700
$30,000
$93,000
$412,900
Table 2 identifies a sampling of proj ects that paid an engineering review fee to the City of
Denton during 2004. The City of Denton had a one percent development review fee that was in
place during FY2004 and that expired in October 1, 2004. Table 2 also shows the engineering
2
fees for those same proj ects that paid an engineering review fee in 2004 compared to those fees
as they would be under the proposed consulting contract.
Table 2. Exam Ie of A
lication of Possible New Fees to Denton Projects
Exchange at North 14 $17,669 $10,000
Texas
Old North Road 30 $3,197 $7,200
orth Texas 5 $1,510 $7,500
Surgical
Prominence Square 96 $7,390 $9,600
Issues
Staff examined the scope and fees in the context of the City's overall budget; we also examined
the scope and fees in the context of achieving the City's economic development goals and in the
context of the general welfare of the citizens. Based on staff reviews, the following issues arise:
1.
Should the recurring costs be rolled into the fee schedule instead of remaining free standing?
2.
Should the community subsidize the proposed fees to the development community?
Alternatively said, what level of economic development incentive, if any, does the Council
want associated with land development?
3.
Should the recurring costs proposed under the contract be re-negotiated with fewer or
revised services?
4.
Is there an expectation by Council that development pay its own way so that there is total
cost recovery built into the fee structure?
As a tool to discuss the above issues, Table 3 presents several options for ways to combine the
fee structure. This table is presented to facilitate discussion on the issues. Other alternatives
can be generated in addition to the ones presented in the table.
3
Table 3. 0
Recurring Costs
Proposed Contract
$225,600
Recover 100%
Recurring
Costs
Recover 100% Recover 50%
$225,600 Recurring $225,600 of Recurring $112,800
Costs: Costs:
Estimated Direct
Engineering Review
Expenses to
Developers
$412,900
Recover 100%
Estimated
Direct Costs:
Recover
100%
$412,900 Estimated
Direct Costs:
Recover
100%
$412,900 Estimated
Direct Costs:
$412,900
Staff Expense (Dev.
Rev. Administrator)
$119,000
Do not recover
Staff Expense
Recover
$0 100% Staff
Expense:
Do not
$119,000 recover Staff
Expense:
$0
Total Cost to $638,500 Total Cost to $757,500 Total Cost to $525,700
Developer Developer Developer
Total Total Total
Economic Economic Economic
Development $119,000 Development $0 Development $231,800
Incentive Cost Incentive Cost Incentive
to City to City Cost to City
Staff seek:s Council guidance concerning the distribution of costs between the City and
applicants. Staff s goal is to successfully implement the re-organization of engineering
development review as soon as Council approves this contract. Council's guidance is needed in
order to finalize negotiations.
OPTIONS
1. Direct staff to bring the contract back: for consideration on June 21, 2005.
2. Direct staff to perform additional negotiations with consultant firm.
3. Direct staff to bring additional options back: to Council.
PRIOR ACTION/REVIEW
The re-organization and request for proposals was discussed with Council in work: session in the
spring of 2005.
4
EXHIBITS
Attachment A. Scope of Service/Contract/F ee Proposal
Respectfully submitted:
Kelly Carpenter, AICP
Planning and Development Director
5
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PROFESSIONAL SERVICES AGREEMENT
FOR ENGINEERING DEVELOPMENT REVIEW SERVICES
S TATE OF TEXAS
§
COUNTY OF DENTON
§
THIS AGREEMENT is made and entered into as of the day of
, 2005, by and between the City of Denton, Texas, a Texas municipal
corporation, with its principal office at 215 East McKinney Street, Denton, Denton County,
Texas 76201, hereinafter called "OWNER" and Freese and Nichols, Inc~, with its corporate
office at 4055 International Plaza, Suite 200, Fort Worth, Texas 76109, hereinafter called
"CONSULTANT," acting herein, boY and through their duly authorized representatives..
,
WITNESSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually agree as follows:
AR TI CLE 1
EMPLO YlVIENT OF CONSULTANT
The OWNER hereby contracts with the CONSULTANT, as an independent contractor,
and the CONSULTANT hereby agrees to perform the services herein in connection with the
Project as stated in the sections to follow, with diligence and in accordance with the highest
professional standards customarily obtained for such services in the State of Texas.. The
professional services set out herein are in connection with the following described project:
" -
The Project shall include, without limitation, reviewing plats, site plans, infrastructure
improvements related to development, construction plans and variance requests during
the development pennitting for compliance with the City Development Code and Code of
Ordinances. CONSULT ANT will work directly for the Development Review
Coordinator in the Planning and Development Department.
AR TI CLE 2
SCOPE OF SERVICES
The CONSULTANT shall perform the following services in a professional ~anner:
A~
The CONSULTANT shall penonn all those services as necessary and as described in the
OWNER's RSFP #3318, which is attached hereto and made a part hereof as Exhibit "A"
as if written word for word herein..
B.
To perlonn all those services set forth in CONSULTANT's Scope of Services dated May
17, 2005, which proposal is attached hereto and made a part hereof as Exhibit "ß" as if
written word for word herein.
c~
CONSULTANT shall perfonn all those services set forth in Article IE (Specific Project
Reviews) of the Scope of Services Exhibit B on an individual task order basis~
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D.
If there is any conflict between the tenDS of this Agreement and the exhibits attached to
this Agreement, the tenns and conditions of this Agreement will control over the terms
and conditions of the attached exhibits~
AR TI CLE 3
AD D IT! ON AL SER VI CES
Additional services to be p.erformed by the CONSULTANT, if authorized by the
OWNER, which are not included in the above-described Basic Services, are described in Exhibit
B.
AR TI CLE 4
PERIOD OF SERVICE
This Agreement shall become effective upon execution of this Agreement by the
OWNER .and the CONSULTANT and upon issue of a notice to. proceed by the OWNER., and
shall remain in force for a period of three years with the possibility of up to three one-year
contract extensions as approved by the OWNER~ This Agreement may be sooner terminated in
accordance with the provisions hereof. The CONSULTANT shall make all reasonable efforts to
complete the services set forth herein as expeditiously as possible and to meet the schedule
established by the OWNER, acting through its City Manager or his designee~
AR TI CLE 5
COMPENSA TION
A~
COMPENSATION TERMS:
1.
"Subcontract Expense" is defined as expenses incurred by the CONSULTANT in
employment of others in outside firms for services in the area of professional
engineering, or related services.
2.
"Direct Non-Labor Expense" is defined as that expense for any assignment
incurred by the CONSULTANT for supplies, transportation and equipment,
travel, communications, subsistence, and lodging away from home, and similar
incidental expenses in connection with that assignment"
B.
BILLIN G AND PAYMENT: For and in consideration of the professional services to be
-performed .b.y. the .eONS tJLTANT. hereìn~ the O.WNER agrees- to -p-ay -CONS.UL T ANT;
based upon the satisfactory completion of the Basic Services tasks set forth in the Scope
of Services as shown in Article II above..
1. CONSULTANT shall perform its work on this Project in accordance with the
provisions of Article IA (Recurring Services) as defined by the Scope of Services of
Exhibit B attached hereto and incorporated herewith by reference. CONSULTANT
shall be paid for these services on a montWy basis for a lump sum amount of $18,800
per month for the length of the contract..
2. CONSULTANT shall perform its work on this Project in accordance with the
provisions of Article ill (Specific Project Reviews) as derIDed by the Scope of
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Services of Exhibit B attached hereto and incorporated herewith by reference~
CONSULTANT shall be paid for these services on a task order basis at the rates
described in Exhibit C.
3. Partial payments to the CONSULTANT will be made on the basis of detailed
monthly statements rendered to and approved by the OWNER through its City
Manager or his designee; however, under no circumstances shall any monthly
statement for services exceed the value of the work performed at the time a statement
is rendered~
4. Nothing contained in this Article shall require the OWNER to p"ay for any work
which is unsatisfactory, as reasonably determined by the City Manager or his
designee, or which is not submitted in compliance with the teffi1S of this Agreement.
The OWNER shall not be required to make any payments to the CONSULTANT
when the CONSULTANT is in "default under this Agreement.
5. It is specifically understood and agreed that the CONSULTANT shall not be
authorized to undertake any work pursuant to this Agreement which would require
additional payments boy the OWNER for any charge, expense, or reimbursement
above the maximum not to exceed fee as stated, without first having obtained written
authorization from the OWNER. The CONSULT ANT shall not proceed to perfonn
the services listed in Article 3 "Additional Services," without obtaining prior written
authorization from the OWNER~
c~
ADDITIONAL SERVICES: For additional services authorized in writing by the
OWNER in Article 3, the CONSULTANT shall be paid based on the Schedule' of
Charges at an hourly rate shown in Exhibit "C." Payments for additional services shall
be due and payable upon submission boy the CONSULTANT, anØ shall be in accordance
with subsection B hereof. Statements shall not be submitted more frequently than
monthly.
D.
PAYMENT: If the OWNER fails to make "payments due the CONSULTANT for
services and expenses within sixty (60) days after. receipt of the CONSULTANT's
undisputed statement thereof, the amounts due the CONSULT ANT will be increased by
the rate of one percent (1 %) per month from the said sixtieth (60th) day, and, in addition,
the CONSULTANT may, after giving seven (7) days' written notice to the OWNER,
suspend services under this Agreement until the CONSULTANT has been paid in full all
atnùunts :due -fot" servìces"; expeIÏs{~-s, and" charges~ þtö-vîded~ "h(jwëVet~ frothing -herein shall
requite the OWNER to pay the late charge of one percent (1 %) set forth herein if the
OWNER reasonably detennines th'l-t the work is unsatisfactory, in accordance with this
Article 5, "Compensation."
AR TI CLE 6
OBSERV A TION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptl y reporting to the OWNER any defects or deficiencies in the work of the
CONSULTANT or any subcontractors or subconsultants.
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1
AR TI CLE 7
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and CONSULTANT's-
subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and
shall become the property of the OWNER upon the termination of this Agreement. The
CONSULTANT is entitled to retain copies of all such documents. The documents prepared and
furnished by the CONSULTANT are intended only to be applicable to this Project, and
.OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense.
In the .event the O~R uses any of the information or materials developed pursuant to this
Agreement in another project or for other purposes than specified herein, CONSULTANT is
released from any and all liability relating to their use in that project.
AR TI CLE 8
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not as
an employee of the OWNER. CONSULTANT shall not have or claim any right arising from
employee status.
AR TI CLE 9
IND EMNITY AGREEMENT
The CONSULTANT shall indemnify and save and hold hannless the OWNER and its
officers, agents, and employees from and against any and all liability, claims,. demands, damages,
losses, and expenses, including, but not limited to court costs and reasonable attorney fees
incurred by the OWNER, and including, without limitation, damages for bodily and personal
injury, death and. property damage, resulting from the negligent acts or omissions of the
CONSULT ANT or its officers, shareholders, agents, or employees in the execution, operation, or
perfonnance of this Agreement
Nothing in this Agreement shall be construed to create a liability to any person who is not
a party to this Agreement, and. nothing herein shall waive any of the parties' defenses, both at
law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this
Agreement, including the defense of governmental immunity, which defenses are hereby
expres sly reserved.
AR TI CLE .10
INSURAN CE
During the performance of the services under this Agreement, CONSULTANT -shall
maintain the following insurance with an insurance company licensed to do business in the State
of Texas by the State Insurance Commission or any successor agency that has.a rating with Best
Rate Carriers of at least an A-or above:
Page 4
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A.
B.
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j
A.
Comprehensive General Liability Insurance with bodily injury limits of not less than
$500,000 for each occurrence and not less than $500,000 in the aggregate, and with
property damage limits of not less than $100,000 for each occurrence and not less than
$100, 000 in the aggregate.
B.
Automobile Liability Insurance with bodily injury limits of not less than $500,000 for
each person and not less than $500,000 for each accident, and with property damage
limits of not less than $100,000 for each accident.
c.
Worker's Compensation Insurance in accordance with statutory requirements, and
Employers' Liability Insurance with limits of not less than $100,000 for each accident.
D.
Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate..
E.
The CO NS UL T ANT shall furnish insurance certificates or insurance policies at the
OWNER's request to evidence such coverages. The insurance policies shall name the
OWNER as an additional insured on all such policies, and shall contain a provision that
such insurance shall not be canceled or modified without thirty (30) days' prior written
notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior
to the effective date of the change or cancellation, serve substitute policies furnishing the
same coverage.
ARTI CLE 11
ARBITRA TION AND AL TERNA TE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreement by submitting the
dispute to arbitration or other means of alternate dispute resolution, such as mediation. No
arbitration or alternate dispute resolution arising out of or relating- to this Agreement, involving
one party's disagreement, may include the other party to the disagreement without the other's
approval.
AR TI CLE 12
..d[ LI>. 101<[. W-I' ~
TERMINATION OF AGREEMENT
Notwithstanding any other provision of this Agreement, either party may tenninate by
giving thirty (30) days' advance written .notice to the other party.
This Agreement may be terminated in whole or in part in the event of either party
substantially failing to fulfill its obligations under this Agreement. No such termination
will be affected unless the other party is given (1) written notice (delivered by certified
mail, return receipt requested) of intent to terminate and settin.g forth the reasons
specifying the non-perfonnance, and not less than thirty (30) calendar days. to cure the
failure; and. (2) an opportunity for consultation with the terminating party prior to
terminati on.
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c.
If the Agreement is tenninated prior to completion of the services to be provided
hereunder, CONSULTANT shall immediately cease all services and shall render a final
bill for services to the OWNER within thirty (30) days after the date of termination. The
OWNER shall pay CONSUL T ANT for all services properly rendered and satisfactorily
performed and for reimbursable expenses to termination incurred prior to the date of
tennination, in accordance with Article 5 "Compensation.." Should the OWNER
subsequently contract with a new consultant for the continuation of services on the
Project, CONSULTANT shall cooperate in providing infonnation. The CONSULTANT
shall turn over all documents prepared or furnished by CONSULTANT pursuant to this
Agreement to the OWNER on or before the date of t~nnination, but may maintain copies
of such documents for its use.
AR TI CLE 13
RESPO NSmILITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not constitute, nor be deemed a release of the
responsibility and liability of the CONSULTANT, its employees, associates, agents,
subcontractors,. and subconsultants for the accuracy and competency of theiI designs or other
work; nor shall such approval be deemed to be an assumption of such responsibility by the
OWNER for any defect in the design or other work prepared by the CONSULTANT, its
employees, subcontractors, agents, and consultants~
ARTICLE 14
N OTI CES
All notices, connnunications, and reports required or pennitted under this Agreement
shall be personally delivered or mailed to the respective parties by depositing same in the United
States mail to the address shown below, certified mail, return receipt requested, unless otherwise
specified herein. Mailed notices shall be deemed communicated as of three (3) days after
mailing:
To CONSULTANT:
To OWNER:
Freese and Nichols, Inc..
Roî1al d J ~ JI arper; P ~ E~ ~ As-so elate
105 S. Tennessee, Suite 101
~cEJnney, Texas 75069
City of Denton
Kell y- .Carp6nter~ AI ep; Director
221 N. Elm
Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party to whom such. notice is
gi Yen, or within. three (3) days after mailing.
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ARTICLE 15
ENTIRE AGREEMENT
This Agreement, consisting of nine (9) pages and three (3) Exhibits, constitutes the
complete and final expression of the agreement of the parties, and is intended as a complete and
excl usi ve statement of the terms of their agreemen ts, and su persedes all pri or or
contemporaneous offers, promises, representations, negotiations, discussions, communications,
and agreements which may have been made in connection with the subject matter hereof.
ARTICLE 16
SEVERAB ILITY
If any provision of this Agreement is found or deemed by a court of competent
jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of
this .Agreement and shall not cause the remainder to be invalid or unenforceable. In such event,
the parties shall refonn this Agreement to replace such stricken provision with a valîd and
enforceable provision which comes as close as possible to expressing the intention of the stricken
. .
prOVISIon.
ARTICLE 17
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, and local laws, rules,
regulations, and ordinances applicable to the work covered hereunder as they may now read or
hereinafter be amended.
ARTICLE 18
DISCRIMINATION PROIDBITED
In performing the services required hereunder, the CONSULTANT shall not discriminate
against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or
ph ysical handicap.
ARTICLE 19
NI1!I>.'"
uPERSO.NNEL
A.
The CONSULTANT represents that it has or will secure, at its own expense, all
personnel required to perfonn all the services required under this Agreement. Such
personnel shall not be employees or officers of, or have any contractual relations with the
OWNER. CONS.ULTANT shall inform the OWNER of any conflict of interest .or
potential conflict of interest that may arise during the term of this Agreement
B.
All services required hereunder will be performed by the CONSULTANT or under its
supervision. All personnel engaged in work shall be qual~fied, and shall be authorized
and pen11itted under state and local laws to perform such services.
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AR TI CLE 20
--"'- T'V-----';¡
ASSI G N ABILITY
The CONSULTANT shall not assign any interest in this Agreement, and shall not
transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without
the prior written consent of the OWNER.
ARTI CLE 21
---
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any waiver or modification shall be offered or received in evidence
in any proceeding arising between the parties hereto out of or affecting this Agreement, . or the
rights or obligations of the parties hereunder, and unless such waiver or modification is in
writing and duly executed; and the parties further agree that the provisions of this section will not
be waived unless as set forth herein.
AR TI CLE 22
MISCELLANEOUS
A.
The following exhibits are attached to and made a part of this A.greement: Exhibit A,
RSFP #3318 Engineering Development Review Services; Exhibit B, Scope of Services
and Exhibit C" Schedule of Charges.
B.
CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after
the final payment under this Agreement, have access to and the right to examine any
directly pertinent books, documents, papers, and records of the C ON S UL T ANT
involving transactions relating to this Agreement. CONSULTANT agrees that OWNER
shall have access during nonnal working hours to all necessary CONSULTANT facilities
and shall be provided adequate and appropriate working space in order to conduct audits
in compliance with this section. OWNER shall give CONSULTANT reasonable advance
notice of intended audits.
!.
c.
Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be construed in accordance with the laws of the
.Slate of-Texas.
D.
For the ,purpose of this Agreement, the key persons who will perlorm most of the work
hereunder shall be Ronald J. Harper and Tricia H. Hatley. However, nothing herein shall
limit CONSULTANT from using other qualified and competent members of its firm to
perfonn the services required herein.
E.
CONS UL T ANT shall commence, carry Oll, and complete any and all proj ects with all
applicable dispatch, in a sound, economical, and efficient manner and in accordance with
the provisions hereof. In accomplishing the projects, CONSULTANT shall take such
steps as are appropriate to en'sure that the work involved is properly coordinated with
related work being carried on by the OWNER.
Page 8
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.. ..
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r
F.
The 0 WNER shall assìs t the CO N S UL T ANT by placing at the CO N S UL T ANT's
disposal all available infolTI1ation pertinent to the Project, including previous reports, any
other data relati ve to the Project, and arranging for the access thereto, and make all
provisions for the CONSULTANT to enter in or upon public and private property as
required for the CONSULTANT to perform services under this Agreement
G~
The captions of this Agreement are for infonnational purposes only, and shall not in any
way affect the substantive tenns or conditions of this Agreement~
IN WITNES S HEREO F , the Ci ty of Den ton, Texas has caused this Agreement to be
executed by its duly authorized City Manager, and CONSULTANT .has executed this Agreement
through its duly authorized undersigned officer on this the - day of ,
2005.
CITY OF DENTON, TEXAS
MICHAEL A~ CONDUFF
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRET AR Y
BY:
APPR 0 VED AS TO LEGAL FaRM:
HERB ER T L. PROUTY, CITY A TTO RNE Y
BY:
FREESE AND NICHOLS, INC~
TRICIA H. HATLEY, P~E.
PRINCIPAL
WITNES S :
BY:
Page 9
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EXHIBIT B
SCOPE OF SERVICES
Due to the nature of the services to be performed for the City of Denton, (hereinafter called
"OWNER"), Freese and Nichols, Inc., (hereinafter called "CONSULTANT") will propose a two
level scope and fee. Since the OWNER is requiring recurring services, the first level will be a
standard monthly fee and will cover the services described in Article 1, Section A - Recucring
Services. The second level will be based on specific deli verables such as plat reviews,
construction plan reviews, flood plain reviews, traffic impact analysis, annexation plans, etc.,
described in Article 1, Section B. A separate Task Authorization for each deliverable shall be
processed. A detailed description of the services ass.ociated with specific deli verables is
described in Article 1, Section B.
It is understood that CONSULTANT is being engaged to verify that plans and plats prepared by
others meet ordinances in place at the time CONSULTANT reviewed the sanie plans and plats..
CONSULTANT will be performing ;:t very limited review of these documents and does not
represent or certify them for any other purpose than to verify that the plan and plats as illustrated
and described meet OWNER's ordinances in place at the time these plans and plats are reviewed.
ARTICLE I
A.
RECURRING SERVICES - CONSULTANT will provide the following services on a
re gular and recurring basis:
1. Provide one engineer at OWNER's offices for one (1) full day and two (2) half days
per week. The specific schedule for these days will be determined by OWNER and
CONSULTANT. During the d~ation of the contract these days may be modified by
mutual agreement.
I
~
2. Attend hi-weekly Development Review Meetings.
3. Attend a pre-application and/or pre-design meeting for applicants, such meetings are
to provide applicant with necessary criteria and guidelines to be used in preparing
applications and plans..
. if. Attend a -biweeKly C.oillriierit -ReĊ¸iew Meeting.
5 . A tte n d PI annin g and Zo nin g Co mmi s s ion m ee tin g as required.
6. Attend meetings with TxDOT as required.
~
7. Attend meetings with FEMA as required.
8. Attend meetings with other agencies (Corps of Engineers, franchise utilities, etc) as
req uired.
B-1
----------- .-...---...-.-... .-" .-.__..__..~ ._-_.~.......~._~.........._- ._~_..__n.__.... .._-_.~~. - - -. - - --. - - .-.-.- -.--.-.-
9. Be available to meet with staff or applicants outside of time scheduled to discuss
specific- applications.
10. Review current OWNER practices, policies, criteria, guidelines, submittal checklists,
etc. on a continual basis and make recommendations for modifications.
11. Make CONSULTANT staff available for initial and ongoing training in the TrakIT
pro gram.
12. Be available for OWNER meetings .Of retreats to discuss planning or review process.
13. Provide a weekly report to OWNER of all active Projects in a fonnat to be
determined.
B.
SPECIFIC PROJECT REVIEWS - The following services will be provided by
CONSULTANT on an as needed basis for each applicable Project. CONSULTANT will
not be asked to provide services for Gas Well Applications or Minor Plats.
CONSULTANT assures that they will assign qualified personnel for all review efforts.
Those reviews that require specialized expertise or certifications will be done by, or
under the supervision, of persons having the required expertise or certification.
1.
GENERAL D EVELO PMENT PLAN / PRELIMIN AR Y PLAT / PRE LIM IN AR Y
PLANS REVIEWS
a. Review all applications for administrative completeness.
b.. Review subject preliminary plats for general compliance with OWNER
Development Code, Criteria Manual and Master Plans. Review items
including, but not limited to, R.O.W. dedications, utility easements, drainage
easements, special easements, survey callouts, road layouts and special notes.
c. Review preliminary site plans, drainage plans, water plans, and sewer plans
for compliance with OWNER Development Code, Criteria Manual and
Master Plans. Review plans coordination with easements and R. o. W. ' s
indicated on the subject preliminary plat
d. Review the proposed development for potential impacts governed by FEMA,
.Corps of -EÏlgineers, -Till-aT, anel ölliër: regulatory ãg.efi"cies~ .Dt.~Velop
recommendations on permits and input from these agencies.
e. Develop comments to be posted in TrakIT for the subject preliminary plats
and plans, based upon the review. Include applicable comments previously
gen~rated from. .OWNER review of the project. Submit copies of the review
to OWNER.
f: Correspond with the developer's architect/engineer as n.eeded for
implementation of the comments from OWNER and CONSULTANT, as
directed by City Develop.ment Review Administrator.
B-2
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l
g.. Attend City Council and Planning and Zoning Commission meetings as
requested by QWNER to answer questions concerning comments and
recommendations on the subject Projects..
h~ Provide ONE (1) review of resubmitted application to insure that all
comments have been addressed and to ensure that revisions do not cause
internal conflicts or new issues.
i. Document all meetings and telephone calls with applicants. Post all meeting
and phone call minutes on TrakIT.
.2.
FINAL PLAT. REVIEWS
a. Review subject final plats for general compliance with OWNER Development
Code, Master Plans, and approved preliminary plat. Review final wording
and exhibit for required R..O.W..'s, and easements..
b.. Review status of required regulatory agency permit applications for the
development.
c. Develop comments to be posted in TrakIT for the subject final plats, based
upon the review.. Include applicable comments previousl.y generated from
OWNER review of the project. Submit copies of the review to OWNER..
d. CoITespond with the developer's architect/engineer as needed for
implementation of the comments from OWNER and CONSULTANT as
requested by City Development Review Administrator.
e.. Provide ONE (1) review of resubmitted application to insure that all
comments have been addressed and to ensure that revisions do not cause
internal conflicts or new issues.
f. Document all meetings and telephone calls with applicants.. Post all meeting
and phone call minutes on TrakIT.
3..
FEMA FLOG D STUDY REVIEW
--.
a.
..Rèview CLOMR applìcatìün from thë applicant for compliance with tIle
OWNER's Development Code, Drainage Criteria Manual, Flood Protection
and Prevention Ordinance and applicable FEMA regulations. Assist
OWNER's Floodplain Administrator with the submittal of the approved
CLO MR application to FEMA for review ~ Review applicable plats for
coordihåtiön öfdraìllage easements and finished float elevations with the
approved CLOMR application.
b. Review LOMR applications from the applicant for compliance with
OWNER's Development Code, Drainage Criteria Manual, Flood Protection
and Prevention Ordinance and applicable FEMA regulations. Assist
OWNER's Flood Plan Administrator with the submittal of the approved
B-3
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.~_._-~-_.-.-.~_..-----_.._-. ..- - ~ .-. .-. --~. ~-_. ..---...-... --_...,-- -_..~_..... ....-- - -. ~ - -- -.- - -_.~, --, ~~,- --.-..---.-
I
LOMR application to FEMA for review. Review applicable plats for
coordination of drainage easements with the approved La MR application.
4.
TIA REVIEW
a. Develop comment memos based on reviews of each Traffic Impact Analysis
submitted for individual Projects.. These comments shall include a list of
recommended improvements and! or fair share req uiremen 1s based on the TIA.
b. The review shall address the. following items:
1) Evaluate assumptions and methodologies used in the TIA
2) Identify omissions and deficiencies
3) Recommend improvements based on .the TIA
-c. CoITespond with the developer's architect/engineer as needed for
implementation of the comments from OWNER and CONSULTANT as
requested by City Development Review Administrator.
d. Correspond with TxDOT where TxDOT related issues are raised in the TIA.
5.
CONSTRUCTION PLANS/SPECIFICATIONS REVIEWS
a. Review subject construction plans, specifications, details, and contract
documents for compliance with the approved preliminary plans and final
plats.. Review for compliance with OWNER's design and construction details
standards.
t.
b.. Review the plans for coordination with platted or recorded easements.
c. Review the plans for drainage impacts on adjacent landowners.
ct.. Review calculations in the plans for accuracy and compliance with OWNER
standards and acceptable standard engineering practices.
e. Review an_y lift station proposals for compliance with OWNER criteria.
f.. Review contract documents for compliance with OWNER requirements.
These may include, but not be limited to, performance, payment, and
maintenance bonds, Stann Water Pollution Prevention Plans, technical
specifications, bid proposal with accurate quantities,. trench safety plans,
certificates of insurance, and Contractor hold haiÏn1ess agreements..
g. Aid OWNER in identifying and then drafting the engineering content of
developer agreements, pro-rate agreements, over-size participation
agreements, cost share agreements, etc., when requested by OWNER.
h.. Develop comments for the subject construction plans and contract documents,
B-4
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1
based upon the review. Include applicable comments previously generated
from OWNER review of the project.. S ubmi t copies of the review to
OWNER..
i.. Correspond with the developer's architect/engineer as. needed for
implementation of the comments from OWNER and CONSULTANT, as
requested by City Development Review Administrator..
j. Document all meetings and telephone calls with applicants. Post all meeting
and phone call minutes on TrakIT..
6..
VARIANCES
a.. Review requests for variances as requested by the City Development Review
Administrator and make recommendations on both exaction and physical
hardships ..
7.
ANNEXATION STUD IES/SER VICE PLAN
a. Review applications for Annexation.
b.. Analyze existing conditions and services within the area subject to
annexation.
c. Identify service needs with OWNER departments to detennine availability of
services and plans for making services available to the annexed area.
d.. Develop a Draft Service Plan.
8.
BUILD IN G S ITE PLAN. REVIEW
a. The OWNER will supply site plans.
b. Review site plan for conformance with approved zoning or platting, design
criteria in the Development Code and Criteria Manual, as well as Master
Plans.
c. Review s.ite _plan to- insure that eas~ments ~Pl?rOv~çl during_uplatting.,. OJ; boY
separate instrument, are properly shown and that there are no encroachments.
d.. Review. site plan to insure that improvements do not encroach on known,
existing utilities and facilities.
e. .provide review comments in TtâkIT.
f. Meet with the applicant as .required by the City Development Review
Administrator to discuss issues.
B-5
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.., ..., ,.-.
.-
j
9.
EASEMENTS AND ROW DEDICATIONS
a. Review easements and ROW dedications that are not part of the zoning and! or
platting process.
b. Review the documents to determine adequate size and location of easements.
c. Review ROW dedications to insure compliance with Master Thoroughfare
Plan requirements, proper width, proper location, and proper geometries.
d. Provide comments in TrakIT.
e.. Meet with the applicant as required by the City Development Review
Administrator.
ARTICLE II
ADDITIONAL SERVICES: Additional Services to be performed by CONSULTANT, if
authorìzed by OWNER, which are not included in the above described basic services, are
described as follows:
A.
Assisting OWNER in the defense or prosecution of litigation in connection with or in
addition to those services contemplated by this AGREEMENT. Such services, if any,
shall be furnished by CONSULTANT on a fee basis negotiated by the respective parties
au tside of and in addi ti on to this AGREEMENT.
B..
Providing environmental support services including the design and implementation of
ecological baseline studies, environmental monitoring, impact assessment and analyses,
permitting assistance, and other assistance required to address environmental issues.
c.
Providing basic or additional services on an accelerated time schedule.. The scope of this
service include cost for overtime wages of employees and consultants, inefficiencies in
work sequence and plotting or reproduction costs directly attributable to an accelerated
time schedule directed by OWNER.
D..
Attending me.etings and providing assistance, as requested by OWNER, with agencies
. other than those specified in Article I.
E.
Preparing applications and supporting documents for government grants, loans, or
planning advances and providing data for detailed applications.
F.
Appearing before regulatory agencies or courts as an expert witness in any litigation with
iÏÏiid parties ör condemnatìon proceedings arising from the devélopment or constriIction
of the Project, including the preparation of engineering data and reports for assistance to
the OWNER.
B-6
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¡
ARTICLE III
-
TIME OF COMPLETION: CONSULTANT is authorized to commence work on the Project
upon execution of this AGREEMENT and agrees to complete the services in accordance with
schedules determined for individual assignments. The majority of the reviews anticipated under
these services are scheduled to be completed with ten (10) days of acceptance by OWNER..
CONSULTANT will assign sufficient, qualified personnel to meet OWNER requirements. Any
individual task that requires more than ten (10) days, either due to complexity, regulatory
requirements, or external review constraints will be identified at the start of the task and a
specific schedule will be developed and adhered to" A significant minority of applications will
have a five (5) day review time and CONSULTANT will accomplish these reviews within the
specified time frame~
OWNER will supply, for CONSULTANT pick-up, applications and supporting documentation
no later than Fridays.. Comments on these applications will be due back to OWNER by Thursday
noon, two (2) weeks hence, for items with a ten (10) day review; and by Thursday noon, one (1)
week hence, for items with a five (5) day review..
If CONSULTANT's services are delayed through no fault of CONSULTANT; CONSULTANT
shall be entìtled to adjust contract schedule consistent with the. number of days of delay.. These
delays may include but are not limited to delays in OWNER or regulatory reviews, delays on the
flow of information to be provided to CONSULTANT, governmental approvals, etc~ These
delays may result in an adjustment to c-ompensation as outlined on the face of this
AGREEMENT ~
AR TI CLE IV
RESPONSffiILITIES OF OWNER: OWNER shall perform the following in a timely manner
so as not to delay the services of CONSULTANT:
1.
E
A..
Provide an office for use by CONSULTANT"
B..
Provide computer access at OWNER for input into project tracking system (TrakIT)..
c..
Designate in writing a person to act as OWNER's representative with respect to the services
to be rendered .under this AGREEMENT.. Such person shall have contract authority to
lìaïlsffiÌt ifistru"Ctions~ receive îï1förmatìöh~. íIlterpret -ID1d defìne .OWN.ER's p.olicies .and
decisions with respect to CONSULTANT's services for the Project
D.
Provide all criteria and full infonnation as to OWNER's requirements for the reviews"
Furnish copies of all design and construction standards, ordinances, Master Plans and
check lists needed for review"
E~
Assist CONSULTANT by placing at CONSULTANT's disposal all available information
pertinent to the Project including previous reports and any other data relative to the Project..
B-1
.. ,.,. - .,.,
,., ,-
F.
Arrange for access to and make all prøvisions for CONSULTANT to.enter upon public and
private property as required for CONSULTANT to perfonn services under this
AGREEMENT.
G.
Examine all comments and recommendations presented by CONSULTANT, obtain advice
of an attorney, insurance counselor, civil engineer and other consultants as OWNER deems
appropriate for such examination and render in writing decisions pertaining thereto within a
reasonable time so as not to delay the services of CONSULTANT.
H.
Provide such accounting, independent cost estimating and insurance counseling services as
may be required for the Project, such legal services as OWNER may require or
CONSULTANT may reasonably request with regard to legal issues pertaining to the
Project.
I.
Furnish, or direct CONSULTANT to provide, Additional Services as stipulated Article II
of this AGREEMENT or other services as required.
J.
Bear all costs incident to compliance with the requirements of this Article N.
ARTICLE V
DESIGNATED REPRESENTATIVES: CONSULTANT and OWNER designate the
following representatives:
0 WNER ' s Designated Represen tati ve -
Name:
Address:
Phone:
Fax:
E-mail:
OW.NER's Accounting Representative-
Name:
Address:
Ph one:
Fax:
E- mail:
CONSULTANT's Proj ect Manager -
Name:
Ronald J. Harper, P .E.
105 S. Tennessee, Suite 101
~cEJnney, Texas 75069
(972) 548-2400.
(972) 548-1055
rjh @freese.com
Phone:
Fax:
E-mail:
B-8
CONS UL T ANT's Accounting Representative - Name:
Phone:
Fax:
E-mail:
~W .. ...u -- ...., - - .., ....,
,.,. ,.,. ,~
I
Bill Grozdanich
1701 N. Market Street, Suite 500
Dallas, Texas 75202
(214) 920-2500
(214) 920-2565
Qj g@freese.com
B-9
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ExmBIT C
SCHEDULE OF CHARGES
Compensation shall be as follows:
--., .., .
I
A. For all Services shown as General Consulting Services under Article I, Basic Services,
,
CONSULT ANT will be compensated a lump sum fee per month to provide effort and
expenses to perform these items.. This fee shall be $ 18,800 per month for the duration of the
contract CONSULTANT reserves the right to negotiate an increase in the monthly cost for
each potential contract extension..
B.. For PlanJPlat Review Services under Article I, CONSULTANT sháll be compensated based
on the fee table shown below:
Type of Review Cost Cost Cost Cost
1-10 Lots 11-50 Lots 51-100 Lots > 1 00 Lots
Preliminary PlanlPlat Review (includes $ 1,300 $ 1,600 $ 2,100 $ 2,800
initial review and one review of the
resubmittal)
Additional Review with Developer on $ 500 $ 750 $ 1,000 $ 1,200
Preliminary PlanlPlat Review Issues
Final Plan/Plat Review (includes initial $ 2,500 $ 4,700 $ 7,500 $ 9,300
review and one review of the resubnrittal)
Additional Review with Developer on $ 1,000 $ 2,000 $ 4,000 $ 5,000
Preliminary PlanIPlat Review Issues
TIA $ 2,200 $ 2,200 $ 2,200 $ 2,200
CLOMR $ 2,700 $ 2,700 $ 2,700 $ 2,700
LOMR (Following CLOMR) $ 1,000 $ 1,000 $ 1,000 $ 1,000
LOMR (Without CLOMR) $ 2,700 $ 2,700 $ 2,700 $ 2,700
Additional Reviews $ 1,000 $ 1,000 $ 1,000 $ 1,000
Building Permit Review $ 1,500 $ 1,500 $ 1,500 $ 1,500
C.. Additional Services to be performed by CONSULTANT under Article II, if authorized by
OWNER shall be computed based on the following Schedule of Charges:
POSITION
PRINCIPAL
GROUP MANAGER
DISCIPLINE LEADER
S ENI 0 R ENGINEER
EN G INEER (PE)-
EN G INEER (BIT)
ELECTRICAL ENGINEER
MECHANICAL ENGINEER
ENVIRONMENTAL SCIENTIST
AR CHITECT
LAND S CAPE ARCHITECT
DESIGNER
TECHNIC IAN /D RAFTER
OPERA TrONS ANALYST
WORD PROCESSING/SECRETARIAL
OFFICE/CONTRACT ADMINISTRATOR
MIN
140
120
100
100
85
60
70
60
45
50
95
50
45
55
35
60
MAX
195
195
185
175
160 .
120
160
160
120
135.
130
130
90
95
75
95
C-l
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. ~.. .--
...
I
CO-Q P 30.
The ranges and individual salaries will be adjusted annually.
60
EXPENSES
Plottio2 -~~
Bond $ 4.00 per plot
Color $15.00 per plot
Vellum$11.50 per plot
Mylar $15.00 per plot
Prin tio2
B 1 u e lin es/B I ac kIin e s
Offset and Xerox CopieslPrints
Color Copies/Prints
Binding
$0.55 per square foot
$0.10 per side copy
$0.50 per side copy
$5.75 per book
Computer
Compu ter Usage
$10. OOlhour
Travel
$0 ~ 405 per mile
OTHER DIRE CT EXPENSES
Other direct expenses are reimbursed at actual cost times multiplier of 1.10~ They include
outside printing and reproduction expense, communication expense, travel, transportation
and subsistence away from Dallas and other miscellaneous expenses directly related to
the work, including costs of laboratory analysis, tests, and other work required to be done
by independent persons other than staff members.
C-2
AGENDA INFORMATION SHEET
AGENDA DATE:
June 14, 2005
DEP ARTMENT:
CM/DCM/ ACM:
Fire
Jon Fortune, Assistant City Manager ft
SUBJECT
Receive a report, hold a discussion and give staff direction regarding rental property inspections
and other rental property concerns.
BACKGROUND
In November of 2004, the City Council received a report prepared by Kelly Carpenter, the
Director of Planning, concerning a variety of issues that included rental property inspections.
Attachment 1 is a portion of that report. Her report documents that deteriorating rental single-
family and rental multi-family structures are having an impact on neighborhoods. The report
also identifies and compares regulatory options.
Staff presents this report to Council for discussion and as a means to address Kelly Carpenter's
recommendations in her November 2004 report. As her report indicated, there are two viable
options available to the City to address rental properties and the concerns of the community. If
the City Council gives direction to move forward with any or both of these program options,
Staff will further research and analyze the programs and bring back: additional information and
any required ordinances to Council as proposals.
Currently the City of Denton regulates the construction and occupancy of single-family and
multi-family dwellings with the adoption of The International Codes. These codes include the
2000 International Building, Plumbing, Mechanical, Fire, Energy, Residential Codes along with
the 1998 National Electric Code. These codes are enforced by permitting, plan review and
inspections conducted by Fire and Building Inspection staffs.
In March of 2005, the Fire Prevention Division merged with Building Inspections managed by
the Fire Marshal under the Fire Department's budget. This merger resulted in the building
inspectors and fire inspectors being housed together in City Hall West, which allows for a more
unified and effective approach to common code issues. As the fire inspectors conduct their
annual fire inspections they can rely on the building inspectors to assist them when they discover
building, plumbing, mechanical and electrical violations. Prior to this merger those violations
would have been referred for follow-up inspections.
Single- family and multi-family dwellings are inspected through the plan review and permit
process when constructed. After construction and final inspections have been completed, the
structure is released to its owner or occupants. Usually no additional inspections are made unless
a complaint is received. This may possibly allow deterioration of the structure to occur without
the lrnowledge of code officials. Various code violations could develop such as: too many
occupants; violating the zoning for the area; or, more serious life safety issues.
Page 1 of 10
Certificates of Occupancv PrO1!ram for Residential Occupancies:
Multi- family rental properties include apartments, boarding houses, and dormitory occupancies.
While these structures are inspected through the plan review and permit process, they are also
inspected on an annual basis by fire inspectors. These occupancies are tied to their Certificates
of Occupancy. A Certificate of Occupancy could be revok:ed if code violations are persistent.
Each time a multi-family occupancy has a change in ownership or remodels, they are required to
renew their Certificate of Occupancy. This generates another inspection from building and fire
inspectors. When multi-family occupancies conduct remodeling or construct an addition to the
existing structure, a permit, plan review and inspection are required. This provides additional
oversight with regards to k:eeping the structure from deteriorating and mak:ing sure that the
occupancy is code compliant.
The Certificate of Occupancy program work:s well for those occupancies that receive them.
However, single family and two-family dwellings do not have the benefit that the Certificate of
Occupancy provides. The 2000 International Residential Code in Section RII0 requires that a
Certificate of Occupancy be issued to single family and two-family dwellings. It has been the
City's policy in the past not to issue them due to a lack: of staffing. Therefore, single family and
two- family dwellings have a final inspection and then are released to the owner or occupant.
However, the City could adopt the 2003 International Residential Code to initiate the program of
issuing Certificates of Occupancy when single family and two-family dwellings have their final
inspections completed. This would allow the City to phase in Certificate of Occupancy
inspections and thus begin to mitigate substandard, and rental property issues in single and two-
family dwellings. However, Fire inspectors will not inspect these occupancies annually. An
inspection would be generated only when the occupant decides to sale, rent, remodel, or add on
to the existing structure. The City would be notified when the occupant or owner requests
utilities be turned on or transferred into the new owner's or occupant's name. The inspector
would then schedule an inspection. A chok:ing point could be the time lag for utilities. These
inspections would allow for inspectors to mak:e sure that the uses for these structures remain
code compliant.
Rental Propertv Re1!istration Pro1!ram:
Multi - family rental properties such as apartments, boarding houses and dormitories can be
covered by a rental property registration program. Each time an occupant vacates their
apartment the apartment owner must arrange for an inspection prior to the new tenant. This
would mitigate issues associated with multi-family properties. This could be accomplished with
the Rental Property Registration Program along with the adoption of the International Property
Maintenance Code.
The International Property Maintenance Code has an expressed intent to ensure public health,
safety and welfare insofar as they are affected by continued occupancy and maintenance of
structures and premises. Existing structures and premises that do not comply with these
provisions would be altered or repaired to provide a minimum level of health and safety. This
code will allow for the Code Official to k:eep existing structures and premises within a
reasonable degree of life safety. Each chapter covers issues such as swimming pools and spas,
exterior and interior conditions, rubbish, lighting, plumbing, mechanical and electrical issues.
Page 2 of 10
The nationally recognized International Property Maintenance Code will be further analyzed for
its applicability to the City and compatibility to incorporate City Council policies on rental
properties. It could be introduced as part of the adoption of all the international codes.
However, such a program would increase our inspections significantly. Building and fire
inspectors currently conduct an average of 2,000 to 6,000 inspections each annually. These
inspections vary in their type and significance.
With the addition of Certificate of Occupancy inspections for single family and two-family
dwellings it would increase our inspections by an average of 6,500 inspections per year. This
would necessitate at least two full time building inspectors. A fee could be required for the
Certificate of Occupancy inspection of single-family occupancies. Currently the fee for non-
single family occupancies is $50.00. This fee is consistent with those being charged by other
cities in the Metroplex area as shown in the following table.
Residential C/O Fees
Jurisdiction C/O Fee
Add ison $50.00
Arlington $58.00
Bartonvi lie $65.00
Carrollton $75.00
Coppell $50.00
Corinth $100.00
Denton $50.00
Euless $35.00
Garland $60.00
Hurst $35.00
lake Dallas $100.00
lewisvi lie $33.00
McKinney $50.00
Richardson $100.00
Roanoke $100.00
Rowlett $75.00
Average $64.75
The revenue generated should be adequate to cover the cost of two additional building inspectors
with their associated operating costs. Two building inspectors with a vehicle and operating costs
are approximately $125,336 annually as figured in the following table.
Cost of 1 Combination Buildina InsDector I
Combination Building Inspector I Annual Costs
An n ual Salary with benefits $52,488
Training/Supplies $2,500
Vehicle $6,380
Fuel $1,300
TOTAL ANNUAL COSTS $62,668
Page 3 of 10
The issuance of Certificate of Occupancies would mitigate emerging and some ongoing code
compliance issues. It would allow for inspectors to determine if the occupant or owner is in
compliance with zoning rules such as in the Emery Drive Neighborhood where homeowners are
concerned about rental properties exceeding a certain number of occupants per structure. The
inspector could gain compliance with notices of violation and through legal means via the
Municipal Court if necessary.
The implementation of the rental property registration program would generate approximately
14,000 annual inspections. In order to meet this inspection demand staff would need to increase
by another two full time combination building inspectors. An additional clerical staff would
need to be added at an annual salary, benefits and operating cost of $42,697. Estimated total
cost would be $168,033. An inspection fee could be required to recover the costs of the
pro gram.
This program would help to maintain City of Denton properties that have become unsightly or
dilapidated because of neglect or misuse. The following issues could be addressed and mitigated
through the Certificate of Occupancy and Rental Property Registration Program.
.
Running a business out of a single-family dwelling
Dividing a single family dwelling into apartments
Renting rooms could be mitigated by these inspections
Health and safety issues
Occupying a residence without utilities
Elderly people living in sub-standard housing
College students being forced to live in sub-standard rental houses
.
.
.
.
.
.
The biggest challenge would be for those issues that already exist. Sub standard structures that
have a lack: of funding have always provided staff with a challenge. Those structures that have
had their Certificate of Occupancy revok:ed for non-compliance could remain vacant due to the
lack: of funding. This in itself could become an issue unless it is addressed. Revenues generated
for re- inspections, fees and fines could be reserved for abating nuisances and demolishing
substandard structures.
When sub standard or non-compliant structures are identified, a progressive code enforcement
approach must be tak:en in such a program. First the property owner or occupant would be
notified. An inspection would be conducted and violations documented. The owner or occupant
would be given a time period usually not to exceed 30 days to complete the corrections needed.
If the violations were more significant, some additional time might be granted.
When these violations are corrected no additional fees are generated as long as the owner or
occupant completes the repairs during the initial time period allowed. If the inspector discovers
a serious life safety issue, citations may be issued upon the discovery of these types of violations.
For example, the absence of smok:e detectors in rental property. If the owner or occupant fails to
mak:e the corrections in a timely manner citations and or re- inspection fees could be assessed.
Challenges as to the validity of the code violations could be argued through the municipal court
and the Construction Appeals and Advisory board.
Page 4 of 10
The Certificate of Occupancy and Rental Property Registration Program can be a valuable tool
used to mitigate existing sub standard and non-compliant structures through out the City of
Denton. This program could be instituted with the adoption of the International Property
Maintenance Code and amendments to the 2003 International Residential Code and Building
Code along with a Rental Property Management Ordinance. The existing codes and fee
structures would allow for its implementation.
Implementing any or all of these programs to address rental property concerns will not be
without opposition from affected individual property owners and possibly property management
groups as well as realtors.
If you should have any questions please contact me at 349-8860.
Respectfully submitted:
--~-----~~-~---_._----- -------~---~-
Rick: Jones
F ire Marshal
Attachments:
Kelly Carpenter Report, November 2004
Page 5 of 10
Attachment 1
Kelly Carpenter, Director of Planning
November 2004
Denton City Council members requested that staff research how comparable communities ad-
dress rental property issues, particularly how they address regulating the condition of residen-
tial rental units. The paper also responds to Council concerns about code enforcement and
community appearance and specifically explores the following:
. Deteriorating rental single-family and rental multi-family structures and their impact on
neighborhoods and appearance.
. Regulation and inspection of rental residential property
Residentia I Renta I Properties in Denton
According to the 2000 Census, 400 apartment complexes, containing 13,908 units of varying
ages, existed in the City of Denton. The following lists the age of the units:
. 886 units, or 6.3%, were less than 5 years old
. 74 units, or 0.5%, were 5 to 10 years old
. 3240 units, or 23.2%, were 10 to 15 years
. 2089 units, or 15%, were 15 to 20 years
. 7619 units, or 55%, were more than 20 years old
Age can be an indicator the existence of sub-standard housing. Over 93% of the apartment
units in Denton exceed ten years in age. The 2000 Census found there were 18,013 renter oc-
cupied units in Denton and of those, 13,359 were multi-family units, 4,220 were single and two-
family rented units and 434 were classified as other units (mobile homes, boats, rvs, etc.) We
do not know the location of the 5000 single and two family rental units although we attempted
to use utility bills to assist in that we were not successful.
RESIDENTIAL HOUSING ESTIMATES:
(using census 2000 data as the base, and then adding on the housing stock using building permits data)
Census 2000
(Taken on April 1, 2000) 32,753 16,400 50.07% 14,544 44.41% 1,809 5.52%
Permits issued
April 2 - Dec 31,2000 33,102 349 50.60% 0 43.94% 0 5.46%
Jan - Dec, 2001 35,110 1,247 51.26% 756 43.58% 5 5. 17%
Jan - Dec, 2002 36,217 1 ,077 52.66% 27 42.32% 3 5.02%
Jan - Dec, 2003 37,303 1,065 53.98% 21 41.14% 0 4.87%
Jan - Mar, 2004 37,641 338 54.40% 0 40. 77% 0 4.83%
Total Units (by type) 20,476 15,348 1,817
The adopted Denton Plan calls for a 60:40 ratio of SF to MF housing (excluding others) by the year
2020. By the end of the year 2003, the ratio has already reached to 56.75:43.25, and by March 2004 it is
57.16:42.84
Page 6 of 10
The adopted Denton Plan calls for the accommodation of an additional 27,000 sin-
gle-family homes and 18,000 multi-family units by the year 2020 to bring the ratio
of single to multi-family housing from 51:49 in 1998 to 59:41 in 2020. The table
above shows that ratio of single family to multifamily is now at 57.16: 42.84 indicat-
ing that the city is movi ng towa rd its goa I.
Reg u latory Options
The following Texas cities have programs specifically designed to address concerns about the
cond ition of renta I residentia I property.
CITY
Arlington
Carrollton
Eu less
Farmers
Bra nch
Fort Worth
Ga ria nd
Hurst
Irving
Richardson
TYPE AND NATURE OF PROGRAM
Multi-family inspection program / internal
and externa I inspection
Multi-family inspection program / internal
and externa I inspection
Multi-family inspection program / internal
and externa I inspection
Residentia I Certificate of Occu pa ncy Prog ra m
(covers single family and duplex rental unit
inspections); and
Multi-family (apartment complexes) inspec-
tion program/ internal and external inspec-
tion
Multi-family inspection program / external
and internal inspection if external fails in-
spection
Renta I property reg istration a nd perm itti ng
program (single and multi-family) / no regu-
la rly sched u led inspection
Multi-family inspection program / internal
and externa I inspection
Multi-family inspection program / internal
and externa I inspection
Multi-family inspection program / internal
and externa I inspection
FREQUENCY OF IN-
SPECTION
Annually
Annually
Annually
When ownersh i p or
tenant changes on sin-
gle family and du-
plexes;
Semi-Annually on
apartments
Bi-Annually
When possi ble need is
reported, or ownership
changes
Annually
Semi-Annually
Annually
The primary purpose of a rental inspections program is to protect public health, safety and wel-
fare of citizens by establishing minimum standards governing use, occupancy, management and
maintenance of rental housing. Regulating rental-housing property provides aesthetic and
property value benefits and helps to preserve affordable housing stock that is difficult to re-
place. Five major objectives can be met through a rental property inspection program:
. To ensure proper maintenance of rental structures through a regular inspection pro-
gram.
. To remove or rehabilitate deteriorated rental structures throughout the city.
. To eliminate the substandard and health or safety threats associated with some rental
units.
. To proactively address substandard conditions rather than to react to tenant complaints.
. To increase the healthy life of neighborhoods.
Page 7 of 10
The cities of College Station, Waco, Norman and Stillwater have considered rental residential
inspection programs without implementing them due to cost and property owner opposition.
The City of San Marcos reports that the City could not maintain such a program unless signifi-
cant increases in funding for both equipment and personnel were available. Euless adopted an
ordinance that allows for inspections semi-annually. Richardson requires registration and in-
spections of residential property when there is a change of occupancy
Other local governments successfully monitor and regulate rental housing. Lawrence, Kansas
enacted an ordinance (April 2001) requiring the permitting of rental single-family residences.
The permit may be revoked if nuisance violations occur. The ordinance was passed based on
protecting the health, safety and general welfare. Lawrence shares similar characteristics with
Denton:
0 54% of Lawrence's 31,000 housing units are rental units. (44.4% for Denton in 2000)
0 50% of Lawrence's households were non-family. (46.9 % for Denton in 2000)
0 University of Kansas in Lawrence has an enrollment of 28,000 students._(TWU9700.
UNT 31,000 in 2003)
The following table identifies successful rental programs in university communities in other
states for addressing rental residential property concerns.
City and #Of Type of Frequency
Popu lation of Inspec- Comments
University Units Prog ra m
tion
Mandatory Allows City access to
Ames, IA inspection for
Every th ree every rental unit
University 48,800 8,850 both single years when and if neces-
of Iowa and multi-
family sary
Mandatory 3, 4, or 7 The older the units
property in- the more freq uently
Bou Ider, CO years, de-
spection for they are inspected.
University 95,033 8,500 pend i ng on
single and Rentals in/adjacent
of Colorado age of units
multi-family to single family are
and zoning
units inspected more often
Mandatory Keeps buildings up to
property in-
Lincoln, NE code, minimizes
spection for
University 230,000 18,578 Annually complaints, may have
single and
of Nebraska reduced fire deaths,
multi-family
property decl i ne
units
Other Regulatory Options
. Inspections
The definition of family in the Development Code is "Two or more persons occupying a single
dwelling unit where all members are related by blood, marriage or adoption. No single dwelling
unit shall have more than four unrelated individuals residing therein, nor shall any "family"
have, additionally, more than for unrelated individuals residing with such family. The term
"family" does not include any organization or institutional group that receives federal or state
funding for the care of the individuaL" [35.23.2] Code enforcement concerning occupancy of
si ng Ie fa m i Iy housi ng not in com pi ia nce with th is section is very d ifficu It.
Page 8 of 10
Chapter 28 of the Denton Code of Ordinances sets forth minimum housing and building stan-
dards. The building official may require a building to be repaired, vacated or demolished. This
ordinance aims to repair, vacate or demolish substandard buildings and is not the mechanism
for inspecting and licensing rental housing. Denton does not have a proactive enforcement pol-
icy; we react to complaints.
A new ordinance would be needed if the goal were to inspect and license rental residential
property in order to insure that some minimum standard was being met in each unit. Inspect-
ing over 14,000 rental residential units (that's just the multi-family) would take three additional
inspectors full time if all 14,000 units were inspected annually. Further, the growth in multifam-
ily (presumed to be rental) is projected to be about 18,000 new units over the next 17 years.
That growth would add to the workload of inspectors. A new ordinance would need to carefully
consider the definition of family and be constructed so as to continue to allow creative solutions
to elderly housing, for example. The number of violations and appeals resulting from the pro-
gram may result in the need to establish a special" Housing Board of Adjustments". This board
would be a citizen advisory board to hear appeals resulting from enforcement actions. The vol-
ume of work is likely to overburden the existing Construction Advisory Board.
. Certificate of Occupancy
The creation of a Certificate of Occupancy requirement for single-family structures upon appli-
cation for utilities would provide additional enforcement to how a structure is maintained. (The
city of Fort Worth has such a single-family certificate of occupancy now.) Building inspections
states that many single-family structures used for rental have sub-standard repairs that are not
reported until the tenant complains to the city. Additionally, there are many illegally subdivided
structures to two or more units, which would also fall under the inspections umbrella.
. Cond ition Su rvey
A housing condition survey could be conducted to identify neighborhoods and housing in de-
cline. Database information could be cross-linked with valuation, land use, building permit and
digital photo images of the structures. Eventually the database could be linked to law enforce-
ment and fire for response use.
. Regulation of Conversion of Owner occupied to Rental Occupied
The City of Denton currently has not adopted any regulations concerning the conversion of an
owner occupied dwelling to a rental unit. Some cities do require a certificate of occupancy
when this transfer is made and require rental properties to be brought up to the minimum
housing code. A property, neighborhood or subdivision may have private covenants or deed
restrictions prohibiting conversion to a rental unit, but such restrictions are voluntary and sub-
ject to private enforcement (rather than public enforcement by the city) by other subdivision
residents or a neighborhood or homeowners association. Often deed restrictions are not en-
forced and are not sufficient to postpone or prevent decline.
. Insufficient Off-Street Parking
Inadequate off-street parking is a frequent concern when a single-family residence is converted
to a rental unit. Sine the conversion is unregulated, parking to accommodate a higher level of
occupancy (and car ownership) is not enforced. This could be addressed if there were a CO at
transfer and the requirement to bring the unit up to minimum housing standards.
. Code Enforcement
The City of Denton has ordinances to address noise nuisances and unsightly property appear-
ance, but these too have shortfalls with regard to rental property. In the case of rental prop-
erty, it is the tenant of the property who is initially given notification of code violations. If the
Page 9 of 10
violations are not abated (such as for high grass and weed violations), a fine is imposed on the
owner or if it is necessa ry for the city to contract service for a batement, I iens a re placed. All
fines and liens are the responsibility of the owner.
. Noise Violations
Repetitive noise violations on a single unit in an apartment complex are reported to complex
owners. However, with no record of which single-family properties in the community are tenant
occupied, there is no procedure in place to alert police to the fact that a repetitive noise nui-
sance problem may be that of a tenant occupant with the property owner having no knowledge
of the problem being caused in the neighborhood by his/her tenant. The City's ability to im-
plement remediation programs or procedures to prevent further property deterioration or to en-
sure compliance with city codes is limited.
Comprehensive Plan Housing Policies and Assumptions On Rental Residential
The Comprehensive Plan is supportive of conserving existing housing stock and neighborhoods,
of providing a variety of housing types and of enforcing codes to retain safety, value, and ap-
pearance of housing and neighborhoods.
. Accommodate multi-family residential development in a variety of forms. Many of the
deteriorating apartments adjacent to the universities could be renovated or redeveloped
as new student housing in order to better support the need s of UNT and TWU. Addi-
tionally, other types of attached residential development such as town homes should be
considered. It is recommended that multi-family development be located in areas that
provide transitions between lower and higher intensity uses, and in a manner that will
not negatively impact surrounding uses. Additionally, multi-family uses should be located
in small groupings around the city in a manner that provides a mix of uses and densities
rather than concentrating all multi-family uses in one area, which can have negative im-
pacts upon the city (p.24).
. Provide a level of enforcement that ensures the standards are applied uniformly to all
areas and structures in the city and that ensures the standards are not used as an in-
strument for harassment of any person.
. Promote community pride and economic values while curtailing the expansion of urban
blight. Establish measurable goals based on identified community needs. Pursue viola-
tions actively rather than reactively. Remember that compliance is the primary objective
while penalties and/or punishment are secondary (p. 99).
. The range of housing types available for the specialized needs of the elderly, disabled,
low-income, students, single-person, or female-headed households should be acknowl-
edged as part of a strategy to diversify the city's neighborhoods (p.122).
Recom mendations
We recommend that the Council consider directing staff to implement the following:
1. Perform a condition survey and use it to determine the extent of existing property de-
cline, both rental multi-family and rental single-family
2. Draft a program description (including costs, staffing expectations, and minimum rental
housing standards) for the inspection and licensing of rental residential property. Com-
pare the usefulness of a certificate of occupancy program to a minimum standards and
licensing program. The purpose of this item is to provide information that the Council
could use in decision-making concerning adopting such programs.
3. Create a Certificate of Occupancy requirement for single-family and two family struc-
tures upon application for utilities. This would provide the ability to inspect single-family
rental structures. Identify the cost of such a program.
Page 10 of 10
AGENDA INFORMATION SHEET
AGENDA DATE:
June 14, 2005
D EP AR TMENT:
City Manager's Office
CM:
Mik:e Conduff, City Manager
SUBJECT
Discuss the nomination process for the City's Boards and Commissions.
BACKGROUND
Following the procedures established by the City Council for board/commission appointments,
the attached time line has been prepared for council consideration. The proposed time line
provides for a streamlined nomination process for Council allowing for a specific meeting to
discuss nominations rather than at the end of regular meetings.
Board and Commission notebook:s will be distributed with Friday pack:ets on June 24th. Council
will then have three week:s to contact individuals being considered for nomination to a board or
commission. Council is ask:ed to provide the City Secretary the names and addresses of those
individuals they wish to nominate during this time.
A compiled list will be provided at a luncheon to be scheduled the week: of July 11 th for Council
to present and discuss nominations with ratification of the nominations at the July 19th meeting.
The Board and Commission reception will be August 2nd with the swearing in ceremony being
televised.
Respectfully submitted:
Jennifer Walters
City Secretary
S:\Boards & Comm\AIS Timeline Meeting 200S.doc
PROPOSED TIME LINE
BOARDS AND COMMISSIONS NOMINATIONS/APPOINTMENTS
DATE
ACTION
Week: of May 31
Letter from City Secretary to current members with
expiring terms ask:ing if desire to be re- nominated,
if applicable; letter from Mayor to members with
term limits
June 14 - Tuesday
Work: Session discussion on nomination process
June 24 - Friday
N otebook:s distributed with Friday pack:ets
Week: of July 11
Council luncheon to discuss nominations
July 19 - Tuesday
Council vote on nominations
July 20 - Wednesday
Letters sent to new appointments, reappointments of
board/commission members plus reception
information
August 2 - Tuesday
Reception - Work: Session Room 5:00 - 6:00;
swearing in 6: 00 - Council Chambers (televised)
S:\Boards & Comm\Proposed timeline-council 200S.doc