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August 20, 2013 Agenda
AGENDA CITY OF DENTON CITY COUNCIL August 20, 2013 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, August 20, 2013 at 3:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: WORK SESSION 1. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he /she wishes that are listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item. 2. Requests for clarification of agenda items listed on the agenda for August 20, 2013. 3. Receive a report and hold a discussion, and give staff direction regarding various professional services agreements between the City of Denton and Graham Associates, Inc. and Freese and Nichols relating to the widening and improvements to Bonnie Brae Street, Vintage Boulevard, and Mayhill Road. 4. Receive a report, hold a discussion and give staff direction regarding economic development strategies. 5. Receive a report, hold a discussion, and give staff direction regarding the FY 2013 -14 City Manager's Proposed Budget, Capital Improvement Program, and Five -Year Financial Forecast. Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. 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, or as otherwise allowed by law. CLOSED MEETING A. Closed Meeting: A. Deliberations regarding Real Property — Under Texas Government Code Section 551.072; Consultation with Attorneys — Under Texas Government Code Section 551.071. I. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the M.E.P. & P.R.R. Survey, Abstract No. 927, the M.E.P. & P.R.R. Survey, Abstract 1473, the R.B. Longbottom Survey, Abstract Number 775, the Caswell Carter Survey, Abstract Number 275, the Daniel D. Gulp Survey, Abstract 287, and the M. City of Denton City Council Agenda August 20, 2013 Page 2 Yoacham Survey, Abstract 1442, City of Denton, Denton County, Texas, and generally located north of McKinney Street, east along Paisley Street, and north following Loop 288. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition and condemnation of the real property described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under- the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. 2. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the James Edmonson Survey, Abstract No. 400, Denton County, Texas, located generally in the 3100 Block of South Bonnie Brae Street, the property interests being within an unincorporated area of Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition of the real property interests described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. 3. Discuss, deliberate, and receive further information regarding the purchase of certain real property interests located in the Thomas Toby Survey, Abstract No. 1288, City of Denton, Denton County, Texas, and generally located at the south east corner of Loop 288 and Locust Street. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition and condemnation of the real property described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. 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 competitive public power information and competitive financial information from staff regarding plans and strategies involved with the Energy Management Division proposed for Denton Municipal Electric ( "DME") regarding electric power marketing analyses and strategies. Consultation with the City's attorneys regarding legal issues associated with the same, where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional City of Denton City Council Agenda August 20, 2013 Page 3 Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. 2. Receive competitive public power information and financial information from staff regarding approval of the Genscape, Inc., a Delaware Corporation, "Master License and Services Agreement (North America)," being a three -year agreement, and being a sole - source acquisition which is exempt from the requirements of competitive bidding under the provisions of Section 252.022, Texas Local Government Code, for software relating to bidding and pricing information for purchased power, generation and fuel, and Electric Reliability Council of Texas bids, prices, offers, and related services for purposes of supporting the Energy Management Division of DME; discuss, deliberate, provide staff with direction, consider and take final action regarding said Agreement. Consultation with the City's attorneys regarding legal issues associated with the above acquisition where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. C. Deliberations Regarding Certain Public Power Utilities: Competitive Matters — Under Texas Government Code Section 551.086. 1. Receive competitive public power information from staff in the form of a proposed operating budget for Denton Municipal Electric (DME) for the upcoming fiscal year, including without limitation, revenues, expenses, commodity volumes, and commitments, and the direction of DME; and discuss, deliberate, consider adoption of the budget and other matters, and provide staff with direction regarding such matters. D. Consultation with Attorneys — Under Texas Government Code Section 551.071. 1. Receive a report and hold a discussion with City's attorneys regarding the City of Denton Sign Ordinance. E. Deliberations regarding Personnel Matters — Under Texas Government Code Section 551.074. 1. Deliberate and discuss the appointment and duties of public officers to boards or commissions exercising discretionary or rile making power as opposed to purely advisory powers, which includes without limitation the Health and Building Standards Commission, the Historic Landmark Commission, the Planning and Zoning Commission, and the Zoning Board of Adjustment. 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 City of Denton City Council Agenda August 20, 2013 Page 4 EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE `PUBLIC POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOVT. CODE, §551.001, ET SE Q. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071 - 551.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: REGULAR MEETING 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag "Honor the Texas Flag — I pledge allegiance to thee, Texas, one state under God, one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS A. Prop 1. 2. 3. 4. ,lamations /Awards Women's Right to Vote Week Live United Month 2013 Miss Texas Mean Green Pride Fridays 3. CITIZEN REPORTS 4. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A — U). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A — U below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. City of Denton City Council Agenda August 20, 2013 Page 5 A. Consider approval of a resolution voting for a member to the Board of Managers of the Denco Area 9 -1 -1 District; and declaring an effective date. B. Consider adoption of an ordinance awarding a contract under the Texas Multiple Award Schedule ( TXMAS) program for the purchase of a Volvo L70G Wheel Loader for the City of Denton Water Distribution Department as awarded by the State of Texas (Contract TXMAS- 13- 23V010); providing for the expenditure of funds therefor; and providing an effective date (File 5327 —Wheel Loader for Water Distribution Department awarded to Romco Equipment Company in the amount of $143,580). The Public Utilities Board recommends approval (5 -0). C. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement for design and engineering services with Graham Associates, Inc. relating to the widening of Vintage Boulevard from Bonnie Brae Road East to U.S. Highway 377 in an amount not -to- exceed $557,402; providing for the expenditure of funds therefor; and providing an effective date (File 5328— awarded to Graham Associates, Inc.). D. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement for preliminary design and engineering services with Graham Associates, Inc. relating to the widening of and improvement of Bonnie Brae Road from Interstate Highway 35 East to north of Scripture Road in an amount not -to- exceed $292,575.68; providing for the expenditure of funds therefor; and providing an effective date (File 5329— awarded to Graham Associates, Inc.). E. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement for design and engineering services with Graham Associates, Inc. relating to the widening of and improvement of Bonnie Brae Road from north of Scripture Road to U.S. Highway 380 in an amount not -to- exceed $831,196.50; providing for the expenditure of funds therefor; and providing an effective date (File 5330— awarded to Graham Associates, Inc.). F. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement for design and engineering services with Graham Associates, Inc. relating to the widening of Vintage Boulevard from Bonnie Brae Road west to Interstate Highway 35 West in an amount not -to- exceed $331,565; providing for the expenditure of funds therefor; and providing an effective date (File 5331— awarded to Graham Associates, Inc.). G. Consider adoption of an ordinance of the City of Denton, Texas authorizing the approval of a Second Amendment to a Professional Services Agreement for Engineering and Design Services relating to the Mayhill Road widening and Improvements Project, by and between Freese and Nichols, Inc. and the City of Denton, Texas, providing for the expenditure of funds therefor; and providing an effective date (File 4511— providing for an additional expenditure amount not -to- exceed $488,835 with the total contract amount not -to- exceed $5,040,742). City of Denton City Council Agenda August 20, 2013 Page 6 H. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement with Resolved Energy Consulting, LLC, for Utility Consulting Services for Denton Municipal Electric for a three (3) year period, in an amount not -to- exceed $520,000; authorizing the expenditure of funds therefor; and providing an effective date (File 5332 awarded to Resolved Energy Consulting, LLC). The Public Utilities Board recommends approval (5 -0). L Consider adoption of an ordinance by the City of Denton Texas, authorizing the City Manager to execute the Second Amendment to professional and personal services agreement with AR/WS Texas, LP, for further services regarding the procurement and delivery of land rights for the Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project; authorizing the expenditure of additional funds therefor in an amount not -to- exceed $191,800; and providing an effective date (File 4744 —AR/WS Texas, LP aggregating an amount not -to- exceed $637,200). The Public Utilities Board recommends approval (5 -0). J. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement for architectural and design services with Kirkpatrick Architecture Studio for the design of Fire Station 2 to be located at 3311 East McKinney Street, Denton, Texas in an amount not -to- exceed $555,500; providing for the expenditure of funds therefor; and providing an effective date (File 5334— awarded to Kirkpatrick Architecture Studio). K. Consider approval of a resolution repealing Resolution No. R2006 -014 which established a Public Art Policy for the City of Denton, and establishing a revised Public Art Policy for the City of Denton, Texas; and providing for an effective date. L. Consider adoption of an ordinance amending Chapter 22 "Parks and Recreation ", of the Code of Ordinances, City of Denton, Texas by amending Section 22 -4, "Duties" to provide that the Board shall have the duty to make recommendations to the City Council and the Parks and Recreation director regarding policy matters related to public art; amending Section 22 -6, to provide for a City Council appointed nine - member Public Art Committee to serve as an advisory board to the City Council; repealing Ordinance No. 2006 -105; and providing an effective date. M. Consider approval of a resolution of the City Council of the City of Denton, Texas receiving and accepting the City of Denton, Texas Master Drainage Study of the Downtown Implementation plan ( "'DTIP ") and the Tax Increment Finance Districts ( "TIF ") — 2013, conducted by Teague Nall and Perkins, Inc. and HALFF Associates, Inc; and providing an effective date. N. Consider approval of a resolution allowing Corey Pond, of The Common Table, to be the sole participant allowed to sell alcoholic beverages at the Canned Festival, to be held in Williams Trade Square (parking area bordered by E. Hickory and Mulberry Streets; east of Wells Fargo Bank; and west of 210 E. Hickory), on October 5, 2013, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. Staff recommends approval. City of Denton City Council Agenda August 20, 2013 Page 7 O. Consider a request for an exception to the Noise Ordinance for the purpose of the Canned Festival sponsored by Spune Productions. The event will be held on City property, Williams Trade Square, on Saturday, October 5 from 2 p.m. to 10 p.m. The exception is specifically requested to increase sound levels from 70 to 75 decibels. Staff recommends approval of request. P. Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during a new event, Friends with Benefits Concert. The concert will be located at 1209 W. Hickory Street, beginning at 11:30 a.m. and concluding at 10:00 p.m. on Sunday, September 1, 2013. This request is for amplified sound and an increase in decibels from 70 to 75. Staff recommends approval of request. Q. Consider approval of a resolution approving the issuance of Revenue Bonds by the Colorado Health Facilities Authority on behalf of the Evangelical Lutheran Good Samaritan Society in an aggregate principal amount not to exceed $115,000,000; recognizing that the City of Denton is not responsible for issuing the Revenue Bonds and has no financial obligation to pay any principal or interest on the Revenue Bonds; making certain findings in connection therewith; and providing an effective date. R. Consider a request for an exception to the Noise Ordinance for the purpose of the 15th Annual Denton Blues Festival, sponsored by the Denton Black Chamber of Commerce. The event will be held in Quakertown Park on Saturday, September 21, 2013, from 1:00 p.m. to 10:30 p.m. and Sunday, September 22, 2013, from 1:00 p.m. to 8:30 p.m. The exception is specifically requested to increase hours of operation for amplified sound on Saturday from 10:00 p.m. until 10:30 p.m. and for amplified sound on Sunday, and an increase in sound levels from 70 to 75 decibels. S. Consider approval of a resolution allowing the Black Chamber of Commerce to be the sole participant allowed to sell alcoholic beverages at the Blues Festival on September 21 -22, 2013, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommends approval (6 -0). T. Consider approval of a resolution of the City of Denton, Texas, supporting Proposition 6 on the November 2013 Texas Constitutional Amendment Election called by the State of Texas, relating to water infrastructure funding. U. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute and Oil and Gas Lease (the "Lease ") between the City of Denton, Texas, as Lessor and Eagleridge Energy, LLC, as Lessee, as attached to the ordinance and made a part thereof as Exhibit "A ", said lease providing for a twelve (12) month primary term and other terms and provisions as described therein, and leasing approximately 10.0513 acres of real property, located in the Eugene Puchalski Survey, Abstract No. 996, and located approximately along the 3100 block of West Prairie Street, providing findings; and providing an effective date. (Old Armory Tract Lease) City of Denton City Council Agenda August 20, 2013 Page 8 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider nominations /appointments to the City's Economic Development Partnership Board. B. Consider nominations /appointments to the City's Boards & Commissions. 1. Airport Advisory Board 2. Community Development Advisory Committee 3. Health & Building Standards Commission 4. Historic Landmark Commission 5. Human Services Advisory Committee 6. Library Board 7. Parks, Recreation and Beautification Board 8. Public Art Committee 9. Public Utilities Board 10. Traffic Safety Commission 11. Zoning Board of Adjustment 6. PUBLIC HEARINGS A. Hold a public hearing and receive citizen input on the FY 2013 -14 Proposed Budget. B. Hold a public hearing on a proposal to adopt a tax rate of $0.68975 per $100 valuation, which will exceed the lower of the rollback rate or the effective rate. C. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding an initial zoning request of Industrial Center General (IC -G) for approximately 6.88 acres of land, generally located approximately 1,250 feet south of the McKinney Street and Grissom Road intersection, legally described as Lot 1, Block 1 of the Lake Dallas Storage Addition; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval (6 -0). D. Hold a public hearing and consider approval of the alignment of the Northeast Transmission Line Rebuild Project as requested by the Haisler family, property owners of the 53 acre tract located at the southeast corner of Loop 288 and Locust Street, City of Denton, Denton County, Texas. The Public Utilities Board recommends approval (5 -0). 7. ITEMS FOR INDIVIDUAL CONSIDERATION — CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS A. Consider adoption of an ordinance (1) finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain fee simple title to the surface estate, with waiver of surface use related to the mineral estate, of a 0.5103 acre tract of land to be used and utilized for and in connection with the expansion, constriction, maintenance, replacement, augmentation, and City of Denton City Council Agenda August 20, 2013 Page 9 improvement of electric transmission and distribution lines, facilities, and strictures (herein the "DME Expansion Project"), the affected lands and interests being generally situated in the M.E.P. & P.R.R. Survey, Abstract Number 1473, City of Denton, Denton County Texas, as more particularly described in Exhibit "A" and depicted in Exhibit "B ", attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired collectively referred to herein as the "Property Interests "); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (III) authorizing the expenditure of funds therefore; (IV) making findings; (V) providing a savings clause; and (VI) providing an effective date. (Parcel 19P — Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project) The Public Utilities Board recommends approval (5 -0). B. Consider adoption of an ordinance (1) finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain an Electric Utility Easement encumbering a 0.1739 acre tract to be used and utilized for and in connection with the expansion, constriction, maintenance, replacement, augmentation, and improvement of electric transmission and distribution lines, facilities, and strictures (herein the "DME Expansion Project"), the affected lands and interests being generally situated in the M.E.P. & P.R.R. Survey, Abstract Number 927, City of Denton, Denton County Texas, as more particularly described in Exhibit "A" and depicted in Exhibit "B ", attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired and damages resulting therefrom collectively referred to herein as the "Property Interests "); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (II1) authorizing the expenditure of funds therefore; (IV) making findings; (V) providing a savings clause; and (VI) providing an effective date. (Parcel 20P — Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project) The Public Utilities Board recommends approval (5 -0). C. Consider adoption of an ordinance (1) finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain an Electric Utility Easement encumbering a 3.5624 acre tract to be used and utilized for and in connection with the expansion, constriction, maintenance, replacement, augmentation, and improvement of electric transmission and distribution lines, facilities, and strictures (herein the "DME Expansion Project"), the affected lands and interests being generally situated in the M.E.P. & P.R.R. Survey, Abstract Number 927, City of Denton, Denton County Texas, as more particularly described in Exhibit "A" and depicted in Exhibit "B ", attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired and damages resulting therefrom collectively referred to herein as the "Property Interests "); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (II1) authorizing the expenditure of funds therefore; (IV) making findings; (V) providing a savings clause; and (VI) providing an effective date. (Parcel 21P — Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project) The Public Utilities Board recommends approval (4 -0). City of Denton City Council Agenda August 20, 2013 Page 10 D. Consider adoption of an ordinance (1) finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain an Electric Utility Easement encumbering a 2.0203 acre tract to be used and utilized for and in connection with the expansion, constriction, maintenance, replacement, augmentation, and improvement of electric transmission and distribution lines, facilities, and strictures (herein the "DME Expansion Project"), the affected lands and interests being generally situated in the M.E.P. & P.R.R. Survey, Abstract Number 927, City of Denton, Denton County Texas, as more particularly described in Exhibit "A" and depicted in Exhibit "B ", attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired and damages resulting therefrom collectively referred to herein as the "Property Interests "); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (II1) authorizing the expenditure of funds therefore; (IV) making findings; (V) providing a savings clause; and (VI) providing an effective date. (Parcel 22P — Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project) The Public Utilities Board recommends approval (4 -0). E. Consider adoption of an ordinance (1) finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain an Electric Utility Easement encumbering a 2.9001 acre tract to be used and utilized for and in connection with the expansion, constriction, maintenance, replacement, augmentation, and improvement of electric transmission and distribution lines, facilities, and strictures (herein the "DME Expansion Project"), the affected lands and interests being generally situated in the R.B. Longbottom Survey, Abstract Number 775, City of Denton, Denton County Texas, as more particularly described in Exhibit "A" and depicted in Exhibit "B ", attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired and damages resulting therefrom collectively referred to herein as the "Property Interests "); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (II1) authorizing the expenditure of funds therefore; (IV) making findings; (V) providing a savings clause; and (VI) providing an effective date. (Parcel 26P — Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project) The Public Utilities Board recommends approval (5 -0). F. Consider adoption of an ordinance (1) finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain an Electric Utility Easement encumbering a 0.1911 acre tract to be used and utilized for and in connection with the expansion, constriction, maintenance, replacement, augmentation, and improvement of electric transmission and distribution lines, facilities, and strictures (herein the "DME Expansion Project"), the affected lands and interests being generally situated in the R.B. Longbottom Survey, Abstract Number 775, City of Denton, Denton County Texas, as more particularly described in Exhibit "A" and depicted in Exhibit "B ", attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired and damages resulting therefrom collectively referred to herein as the "Property Interests "); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (II1) authorizing the expenditure of City of Denton City Council Agenda August 20, 2013 Page 11 funds therefore; (IV) making findings; (V) providing a savings clause; and (VI) providing an effective date. (Parcel 28P — Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project) The Public Utilities Board recommends approval (5 -0). G. Consider adoption of an ordinance (1) finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain an Electric Utility Easement encumbering a 0.8652 acre tract to be used and utilized for and in connection with the expansion, constriction, maintenance, replacement, augmentation, and improvement of electric transmission and distribution lines, facilities, and strictures (herein the "DME Expansion Project"), the affected lands and interests being generally situated in the R.B. Longbottom Survey, Abstract Number 775, City of Denton, Denton County Texas, as more particularly described in Exhibit "A" and depicted in Exhibit "B ", attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired and damages resulting therefrom collectively referred to herein as the "Property Interests "); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (II1) authorizing the expenditure of funds therefore; (IV) making findings; (V) providing a savings clause; and (VI) providing an effective date. (Parcel 29P — Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project) The Public Utilities Board recommends approval (5 -0). H. Consider adoption of an ordinance (1) finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain an Electric Utility Easement encumbering a 6.8289 acre tract to be used and utilized for and in connection with the expansion, constriction, maintenance, replacement, augmentation, and improvement of electric transmission and distribution lines, facilities, and strictures (herein the "DME Expansion Project"), the affected lands and interests being generally situated in the Caswell Carter Survey, Abstract Number 275, and the Daniel D. Gulp Survey, Abstract 287, City of Denton, Denton County Texas, as more particularly described in Exhibit "A" and depicted in Exhibit "B ", attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired and damages resulting therefrom collectively referred to herein as the "Property Interests "); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (III) authorizing the expenditure of funds therefore; (IV) making findings; (V) providing a savings clause; and (VI) providing an effective date. (Parcel 33P — Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project) The Public Utilities Board recommends approval (5 -0). L Consider adoption of an ordinance (1) finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain an Electric Utility Easement encumbering a 0.8052 acre tract to be used and utilized for and in connection with the expansion, constriction, maintenance, replacement, augmentation, and improvement of electric transmission and distribution lines, facilities, and strictures (herein the "DME Expansion Project"), the affected lands and interests being generally situated in the Daniel D. Gulp Survey, Abstract 287, City of Denton City Council Agenda August 20, 2013 Page 12 City of Denton, Denton County Texas, as more particularly described in Exhibit "A" and depicted in Exhibit "B ", attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired and damages resulting therefrom collectively referred to herein as the "Property Interests "); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (III) authorizing the expenditure of funds therefore; (IV) making findings; (V) providing a savings clause; and (VI) providing an effective date. (Parcel 35P — Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project) The Public Utilities Board recommends approval (4 -0). J. Consider adoption of an ordinance (1) finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain an Electric Utility Easement encumbering a 0.0560 acre tract to be used and utilized for and in connection with the expansion, constriction, maintenance, replacement, augmentation, and improvement of electric transmission and distribution lines, facilities, and strictures (herein the "DME Expansion Project"), the affected lands and interests being generally situated in the M. Yoacham Survey, Abstract 1442, City of Denton, Denton County Texas, as more particularly described in Exhibit "A" and depicted in Exhibit "B ", attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired and damages resulting therefrom collectively referred to herein as the "Property Interests "); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (III) authorizing the expenditure of funds therefore; (IV) making findings; (V) providing a savings clause; and (VI) providing an effective date. (Parcel 48P — Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project) The Public Utilities Board recommends approval (5 -0). 8. CITIZEN REPORTS 9. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. City of Denton City Council Agenda August 20, 2013 Page 13 B. Possible Continuation of Closed Meeting under Sections 551.071 - 551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 2013 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. Woudll< So,sG,ik)i,� 3 AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2012 DEPARTMENT: Utility Administration ACM: Howard Martin, 349 -8232 SUBJECT Receive a report, hold a discussion, and give staff direction regarding various professional services agreements between the City of Denton and Graham Associates, Inc. and Freese and Nichols relating to the widening and improvements to Bonnie Brae Street, Vintage Boulevard, and Mayhill Road. BACKGROUND BONNIE BRAE - TIP Modification The City of Denton applied for regional toll revenue (RTR) funding from S.H. 121 tolling proceeds for several major transportation projects in August 2007. In August 2008 the Bonnie Brae project was selected for funding with RTR funds. The approved project extents for the improvements to Bonnie Brae Road spanned from U.S. Highway 377 on the south end to IH35E on the north end. The State approved the City's contract for Bonnie Brae in September 2009, paving the way for execution of an Advanced Funding Agreement (AFA) between TxDOT and the City for the receipt and use of funds for the development and constriction of the project. After approval of the AFA at City Council in February 2010, the agreement was sent on to the State for execution. A fully executed AFA was received by the City in March 2010. Shortly thereafter, staff proceeded with the solicitation of qualifications from various consulting firms and evaluated submittals for the design of the project. The City Council approved a contract with Graham Associates for the design of the Bonnie Brae Road Widening and Improvements project on October 19, 2010. The total estimated costs included in the AFA for the Bonnie Brae project was $57,689,189.00, with 80% of this amount ($46,151,351.00) coming from RTR funding and 20% ($11,537,838.00) from local match. Denton County Precinct No. 4 has agreed to provide $2,000,000.00 of the local match, with the remaining $9,537,838.00 being provided by the City of Denton. The original funding breakdown per source by fiscal year was as follows: Page 1 of 6 FUNDING AMOUNTS PER SOURCE BY FISCAL YEAR The consultant and City have been moving forward with design activities, including property acquisitions, hydraulic modeling, environmental permitting, and detailed design through to 60% completion between Vintage Boulevard and I1-135E. On July 17, 2012, staff presented a recommendation to City Council to modify the original scope and funding allocations on the project to include the removal of improvements to Bonnie Brae Road south of Vintage Boulevard to U.S. Highway 377 and to reallocate funding remaining in the Bonnie Brae Road project to offset City funding for the widening of Vintage Boulevard, for the widening of Bonnie Brae Road from just north of Scripture to U.S. Hwy. 380 and for the acquisition of ROW for the future widening of Bonnie Brae Road from IH35E to just north of Scripture. Approval of the Regional Transportation Commission (RTC) and TxDOT was sought; however, the scope of the funding reallocation was modified somewhat as a result of discussions with the North Central Texas Council of Governments ( NCTCOG) staff ( NCTCOG is the organization through which the TIP modification application had to be submitted). NCTCOG would not allow the inclusion of Vintage Boulevard from IH35W to Bonnie Brae, but would allow the inclusion of Vintage from Bonnie Brae to U.S. Highway 377 as a substitute for the section of Bonnie Brae south of Vintage Boulevard that was removed from the original project scope. The TIP modification that was carried forward for approval was therefore as follows: MODIFIED FUNDING AMOUNTS PER SOURCE BY FISCAL YEAR (FINIAL) STATE CITY DEN CI PCT'. 4 AN NLIAL'T T'AL FY2010 $5,159,507.130 $1,066,286.05 $273,5913.73 $6,449,383.78 FY2011 $2, 58,951DO $425,511.73 $89,226.03 $2,573,688.76 FY2012 $38,932,891GO $8,046,040.27 1 $1,687,183..24 $48,666,116.46 TOTALS $4,6,151,351.GO $9,537,838.00 1 $2,O OFOOO 001 $57,689,189.0 The consultant and City have been moving forward with design activities, including property acquisitions, hydraulic modeling, environmental permitting, and detailed design through to 60% completion between Vintage Boulevard and I1-135E. On July 17, 2012, staff presented a recommendation to City Council to modify the original scope and funding allocations on the project to include the removal of improvements to Bonnie Brae Road south of Vintage Boulevard to U.S. Highway 377 and to reallocate funding remaining in the Bonnie Brae Road project to offset City funding for the widening of Vintage Boulevard, for the widening of Bonnie Brae Road from just north of Scripture to U.S. Hwy. 380 and for the acquisition of ROW for the future widening of Bonnie Brae Road from IH35E to just north of Scripture. Approval of the Regional Transportation Commission (RTC) and TxDOT was sought; however, the scope of the funding reallocation was modified somewhat as a result of discussions with the North Central Texas Council of Governments ( NCTCOG) staff ( NCTCOG is the organization through which the TIP modification application had to be submitted). NCTCOG would not allow the inclusion of Vintage Boulevard from IH35W to Bonnie Brae, but would allow the inclusion of Vintage from Bonnie Brae to U.S. Highway 377 as a substitute for the section of Bonnie Brae south of Vintage Boulevard that was removed from the original project scope. The TIP modification that was carried forward for approval was therefore as follows: MODIFIED FUNDING AMOUNTS PER SOURCE BY FISCAL YEAR (FINIAL) The TIP modifications included no change to the amount of RTR funding dedicated to the project; however, the modified scope and a reallocation of the RTR funding approved over the project timeline to more accurately reflect expenditures was approved. In other words, ROW costs and professional services expenditures were shown to be more than originally thought, caused in part by the change in scope to include ROW acquisition north of IH35E, while constriction costs are expected to be less than originally thought. The City's financial obligations under the revised scope are increased over the life of the project by Page 2 of 6 STATE CITY D,EINCO PCT. 4 ANNUAL TOTAL FY20101 56,155,823.20 $1,315,365.07 $223,590.73 $7,694,779.00 FY2011 $14,080F000.00 $3,430,773.97 $89,226.03 $17,600,000.00 FY2012 $2.5,915,527.80 $9,696, 104,.71 $1,687,183.24 $37,298,71.5.75 TOTALS $46,151,351.10 $14,442,143.75 $2,000,000.00 $62,593,494.75 The TIP modifications included no change to the amount of RTR funding dedicated to the project; however, the modified scope and a reallocation of the RTR funding approved over the project timeline to more accurately reflect expenditures was approved. In other words, ROW costs and professional services expenditures were shown to be more than originally thought, caused in part by the change in scope to include ROW acquisition north of IH35E, while constriction costs are expected to be less than originally thought. The City's financial obligations under the revised scope are increased over the life of the project by Page 2 of 6 $4,904,305.75. It was originally proposed to City Council on July 17, 2012, that approximately $3.0 million dollars of this additional expenditure could be offset by funds remaining from the last street maintenance bond fund. The Streets Department utilized approximately one third of this funding to conduct repairs to existing Bonnie Brae Road, leaving a total of $2,039,510.00 for use on the Bonnie Brae project. The remaining $2,864,795.75 in shortfall is anticipated to be offset by utilization of interest income from the RTR funding (projected to be in excess of $600,000 on this project alone by the time that constriction begins on the initial phase late next summer), project savings from reduced engineering scope on the southern section of Bonnie Brae south of Vintage Boulevard (currently at approximately $1.0 million dollars) and possibly transfers from remaining funding from existing bond projects. NCTCOG advised the City on March 29, 2013 that the TIP modification had been approved. Vintage Boulevard from Bonnie Brae Road East to U.S. Highway 377 The City sought a separate proposal from Graham Associates, Inc. for the design of this section of Vintage Boulevard. The proposed engineering fee of $557,402.00 for the professional services on this project is representative of a sole source contract for all of the engineering and other professional services anticipated. For example, the fee includes amounts for a detailed preliminary investigation and schematic preparation, subsurface utility engineering (SUE), hydraulic analyses and permitting, environmental analyses and permitting, survey, geotechnical investigation and site specific pavement design, detailed design phase, bid phase assistance and full time constriction services representation and support including materials testing. Various components calculated in support of this fee included $295,320.00 for basic services (TxDOT and UPRR coordination, constriction plans for Vintage Boulevard and the Bonnie Brae and TxDOT intersection tie -ins, railroad crossing, traffic control, utility coordination, bidding assistance and constriction administration), $257,082.00 for additional services (surveying, hydraulic analyses and permitting, environmental permitting assistance, geotechnical analysis for design and geotechnical /materials testing for constriction phase, ROW acquisition services, traffic signal design and traffic engineering), and $5,000.00 for reimbursable expenses. Bonnie Brae Road from Interstate Highway 35 East to Just North of Scripture Road The City sought a separate proposal from Graham Associates, Inc. for the preliminary design of this section of Bonnie Brae Road. The overall funding allocated for this section of Bonnie Brae Road through RTR tolling and the City is for ROW acquisition only. The proposed engineering fee of $292,575.68 for the professional services on this project is representative of a sole source contract for all of the preliminary engineering and other professional services anticipated to be necessary for this effort, not including actual ROW acquisition and relocation services. For example, the fee includes amounts for a detailed preliminary investigation and schematic preparation, limited subsurface utility engineering (SUE), limited hydraulic analyses, environmental analyses and permitting, and surveying. Various components calculated in support of this fee included $88,798.18 for basic services (TxDOT, preliminary constriction plans for Bonnie Brae between IH35E and Scripture Road, and limited utility coordination), $193,777.50 for additional services (surveying, ROW document preparation and environmental permitting assistance), and $10,000.00 for reimbursable expenses. Bonnie Brae Road from North of Scripture Road to U.S. Highway 380 Page 3 of 6 The City sought a separate proposal from Graham Associates, Inc. for the design of this section of Bonnie Brae Road. The proposed engineering fee of $831,196.50 for the professional services on this project is representative of a sole source contract for all of the engineering and other professional services anticipated. For example, the fee includes amounts for a detailed preliminary investigation and schematic preparation, subsurface utility engineering (SUE), hydraulic analyses and permitting, environmental analyses and permitting, survey, geotechnical investigation and site specific pavement design, detailed design phase, bid phase assistance and full time constriction services representation and support including materials testing. Various components calculated in support of this fee included $454,445.00 for basic services (TxDOT coordination, constriction plans for Bonnie Brae Road and the TxDOT intersection tie -in, traffic control, utility coordination, bidding assistance and constriction administration), $366,751.50 for additional services (surveying, hydraulic analyses and permitting, environmental permitting assistance, geotechnical analysis for design and geotechnical /materials testing for constriction phase, ROW document preparation, traffic signal design and traffic engineering), and $10,000.00 for reimbursable expenses. VINTAGE BOULEVARD — Bonnie Brae Road West to IH35W The City sought a separate proposal from Graham Associates, Inc. for the design of this section of Vintage Boulevard. The proposed engineering fee of $331,565.00 for the professional services on this project is representative of a sole source contract for all of the engineering and other professional services anticipated. For example, the fee includes amounts for a detailed preliminary investigation and schematic preparation, subsurface utility engineering (SUE), hydraulic analyses and permitting, survey, detailed design phase, bid phase assistance and full time constriction services representation and support including materials testing. Various components calculated in support of this fee included $175,535.00 for basic services (constriction plans for Vintage Boulevard and the Bonnie Brae and TxDOT intersection tie -ins, traffic control, utility coordination, bidding assistance and constriction administration), $151,030.00 for additional services (surveying, hydraulic analyses and permitting, ROW acquisition services, and constriction services representation and support including materials testing), and $5,000.00 for reimbursable expenses. MAYHILL ROAD The City Council approved a contract with Freese and Nichols, Inc. for the design of the Mayhill Road Widening and Improvements project on October 19, 2010 in the amount of $4,501,530.00. As part of the project, a number of properties have been acquired where the existing strictures happened to be in conflict with the roadway improvements. The project necessitates the removal of these existing strictures. In order to develop a plan for their removal, the possible presence of asbestos in the strictures has to be determined. The City modified the original contract amount through Amendment No. 1 on January 9, 2013 to include an asbestos survey of the existing strictures. The net effect of Amendment No. 1 was a $50,377.00 increase in the contract amount to a total of $4,551,907.00. The project has continued to evolve since its inception, necessitating additional efforts in order to keep the job moving forward in an efficient manner. These additional efforts include the following: 1. Right -of -Way Acquisition Services Page 4 of 6 a. Additional effort is being required in general for right -of -way (ROW) acquisition beyond the original scope budgeted for the contract. This additional effort has been evidenced through increased property owner coordination, site visits and documentation, mostly attributable to the passage of Senate Bill 18 (SB 18) by the Texas Legislature, which took effect on September 1, 2011. ($58,300) b. Additional meetings with property owners to explain the ROW process, the timeline for acquisitions and the design approach. ($23,850) c. Appraisal updates are being processed on certain appraisals older than six months to verify that the values listed are still current with the market. The acquisition process has been slowed somewhat by the lengthy approval process required by SB 18. As a result, a number of appraisals have needed to be updated or "refreshed" prior to presentation to the property owners. Costs associated with this effort have involved the actual appraisal updates and their review by the ROW professionals retained by the project's prime consultant, Freese and Nichols, Inc. ($113,390) d. The project extents expanded somewhat beyond that originally scoped in the contract with improvements to Spencer Road, necessitating the appraisal of additional properties. ($13,200) e. City staff requested studies based on possible design options on various properties in order to facilitate the most cost effective acquisitions to complement the most technically feasible designs. ($6,230) f The number of property owner and renter relocations expanded beyond the original budgeted scope, necessitating additional relocation assistance efforts. ($37,950) g. Additional ROW status and property owner meetings beyond that originally scoped for the project. ($38,660) 2. Design Services a. The original contract included a tie -in at the intersection of Spencer Road and Mayhill Road. The profile of the Mayhill Road versus the existing profile of Spencer Road has led staff to include a more extensive tie -in with improvements to the culverts in Spencer Road. ($40,870) b. The alignment of Mayhill Road between Quail Creek Road and Spencer Road was modified after the initial alignment schematic was prepared and accepted as design information and research became available. This realignment to the west required some modifications to the initial plan and profile of the roadway, as well as its drainage system. ($19,100) c. The asbestos survey prepared in conjunction with Amendment No. 1 revealed the presence of asbestos in all of the acquired strictures. Staff has asked Freese and Nichols, Inc. to prepare remediation and demolition plans for these strictures. An environmental subconsultant will assist with remediation specifications and air monitoring during demolition. ($112,820) d. The original scope of the project included the use of embankments for the abutments of the bridge at the DCTA rail line. As the design progressed, it became evident that the use of retaining walls in addition to embankments would allow a decrease in the necessary ROW footprint. The addition of the retaining walls requires additional geotechnical investigations and structural design work. ($24,040) e. The removal of an existing detention pond at the Prominence Square development required the analysis of several different alternatives for drainage on the affected property. ($5,400) f The scope of the original survey for the project was expanded to include areas impacted by alignment changes and expanded design efforts. ($25,135) Page 5 of 6 3. Archeological Investigation — The original scope of the contract included more detailed archeological investigations than were ultimately proven necessary after a review by the Texas Historical Commission, resulting in a savings to the project budget. (433,360) 4. Additional Reimbursable Expenses associated with these fees. ($3,250). Staff looked at the scope additions, the additional effort required by the design teams, and the hourly breakdown for each task to evaluate the effort and costs per line item on each of these contracts. Costs and scope descriptions with the consultants went through several iterations back and forth between the consultants and staff. OPTIONS 1. Approve Professional Services Agreements on Consent Agenda as discussed herein and presented in greater detail in the individual items. 2. Decline to approve Professional Services Agreements as recommended. RECOMMENDATION Staff recommends approval of the professional services agreements as discussed herein and in more detail on the various Consent Agenda items. The various analyses and negotiations conducted to evaluate the fees demonstrated that the amounts of the individual contracts are consistent with the level of effort required for projects of this nature. PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council Meeting — July 17, 2012. FISCAL INFORMATION Refer to the individual Consent Agenda items. All funds necessary for the contracts as presented are appropriated and available. BID INFORMATION Not applicable. EXHIBITS 1. Power Point Presentation —Bonnie Brae and Mayhill Contract Mods 082013 City Council. Respectfully submitted, Frank G. Payne, P.E. City Engineer Page 6 of 6 EXHIBIT 1 VIII " "'11111 Y GIII ::, VIII'����� IIIII'��IIIIII��IIIP VIII " " "' IIIP VIII "" "'11111 " "" ��� IIIP ��� VIII IIIII��������� ill L I I I 111 11111 1111 IL I FT:I= VINTAGE .:DEAR WAY oaaxu or Uk lls iU RONNIE BRAE ROAD ORIGINAL PROJECT IEXTIENTS FUNDING AMOUNTS PER SOURCE" BY FISCAL YEAR STATE I CITY I DENCO EMIT. 4 1 ANNUAL TOTAL G�M 28 W 8 951.00 $4251511.73 $8%226.03 8 $38,19321893,00 $810461040.22, $1?687?183.24 $481666,1116.46, $46,1511351.00 $57,6891189.00 � CITY COUNCIL APPROVED ORIGINAL CONTRACT WITH GRAHAM ASSOCIATES, INC. IN THE AMOUNT OF $574447253.00 ON OCTOBER 19, 2010. � TOTAL ORIGINAL BUDGETED AMOUNT FOR ENGINEERING IN PROJECT WAS $674497383.78. � COSTS INCLUDED IN ORIGINAL BUDGET WERE INTENDED TO COVER ALL PROFESSIONAL SERVICES INCLUDING ENGINEERING, ROW ACQUISITION, INTERNAL STAFF COSTS AND LEGAL FEES. Aql w'--"tb"m I 0 'Ity BONNIE BRAE ROAD REVISED PROJECT IEXTIENTS PRESENTED TDCOUNCRL 7117172 ON JULY 179 2012 CITY COUNCIL APPROVED THE USE OF THE REMAINING FUNDING ON BONNIE BRAE TO PAY FOR WIDENING VINTAGE BOULEVARD, WIDENING BONNIE BRAE FROM JUST NORTH OF SCRIPTURE TO U.S. HWY. 380 AND FOR ACQUIRING ROW FOR FUTURE WIDENING OF BONNIE BRAE FROM IH35E TO JUST NORTH OF SCRIPTURE. "REMAINING FUNDING" CONSISTED PRIMARILY OF MONEY NOT SPENT TO WIDEN BONNIE BRAE SOUTH OF VINTAGE. STAFF PREPARED THE FOLLOWING TIP MODIFICATION, ANTICIPATING THAT FUNDING FROM DENCO PCT. 2 COULD BE USED FOR VINTAGE. TIP MODIFICATION WAS TO BE ENTERED IN NCTCOG APPLICATION FOR crRGGnllnlr DRinR Tn RTC AND TXDOT APPROVAL. MODIFIED FUNDING AMOUNTS PER SOURCE BY FISCAL YEAR STATE I CITY I DENCO PCT. 4 1 ANNUAL TOTAL FY2010 $6,658,563.00 $785,846.27 $805,590.73 $812501000.00 FY2011 $15,056,170.00 $1,740,103.97 $153,726.03 $16,950,000.00 FY2012 1 $24,436,618.001 $10,011,887.761 $4,790,683.241 $39,239,189.00 TOTALS 1 $46,151,351.001 $12,537,838.001 $5,750,000.001 $64,439,189.00 THE TIP MODIFICATION NCTCOG COUNTED ON MONEY APPROVED FOR ($377507000) AND LEFT ($370007000) AS ADDIT ORIGINALLY SUBMITTED TO THE USE OF ALL DENCO VINTAGE BOULEVARD OVER STREET BOND FUNDS ONAL LOCAL MATCH. RTR FUNDING WAS TO REMAIN THE SAME OVERALL AT $46,151,351.00 WITH A REDISTRIBUTION OF FUNDS BETWEEN ENGINEERING, ROW, UTILITY RELOCATIONS AND CONSTRUCTION. NCTCOG DID NOT APPROVE THE TIP MODIFICATION AS MADE BY THE CITY THROUGH ITS (INNOVATIVE TRANSPORTATION SOLUTIONS)L, PRIMARILY BECAUSE IT COULD NOT AGREE TO THE INCLUSION OF VINTAGE BOULEVARD WEST OF BONNIE BRAE. i ,q I I","d tf"-) I n,,m, I d BONNIE BRAE ROAD REVISED PROJECT IEXTIENTS APPROVED THROUGH TIP' REVISION; TIP MODIFICATION APPROVED FOR SUBMISSION BY NCTCOG INCLUDED THE SECTION OF VINTAGE FROM BONNIE BRAE EAST TO U.S. HWY. 377 - MAINTAINED ORIGINAL TIE BACK TO U.S. HWY. 377 REMOVED BY ELIMINATING SOUTHERN SECTION OF BONNIE BRAE. RTR FUNDING WAS TO REMAIN THE SAME OVERALL AT $46,151,351.00 WITH A REDISTRIBUTION OF FUNDS BETWEEN ENGINEERING, ROW, UTILITY RELOCATIONS AND CONSTRUCTION. COUNTY FUNDING WAS TO REMAIN AT $2.0 MILLION AS SHOWN IN ORIGINAL AFA. VINTAGE WEST OF BONNIE BRAE TO BE TREATED AS A SEPARATE PROJECT. MODIFIED FUNDING AMOUNTS PER SOURCE BY FISCAL YEAR (FILIAL) ANNIUAL. TOTAL, $6,,155,823.20) w w $7,694,779.,00 $14,0810,000.00 $3,430,773.91 $89,226 $17,600,000.00 $9,696,004.71 $1,687,183.24 w+ W: $46,151,351.00 0 $62,593,494.,75 TIP MODIFICATION INCLUDES A TOTAL OF $1474427143.75 BY THE CITY OF DENTON, OR ROUGHLY $4.9 MILLION MORE THAN ORIGINALLY BUDGETED. ACTUAL FUNDING REMAINING FROM STREETS BOND FUNDING WAS APPROXIMATELY $2.0 MILLION. ADDITIONAL $2.9 MILLION NEEDED CAN COME FROM: • SELLING ADDITIONAL CERTIFICATES OF OBLIGATION. • PROJECT SAVINGS - CONSTRUCTION COSTS LOOKING MORE FAVORABLE. • TRANSFERS FROM GENERAL OBLIGATION BONDS REMAINING IN OTHER PROJECTS. • COUNTY MONEY SLATED FOR VINTAGE BOULEVARD. • INTEREST INCOME FROM DEPOSITED FUNDS. OF ORIGINAL GRAHAM ASSOCIATES CONTRACT, APPROXIMATELY $1.0 MILLION REMAINS 0 8% OF ORIGINAL FEE). ORIGINAL FEE SPLIT AT APPROXIMATELY 72.3% NORTH OF VINTAGE AND 27.7% SOUTH OF VINTAGE. � GRAHAM CONTRACTS BEFORE COUNCIL TONIGHT FOR ADDITIONAL WORK: • VINTAGE - BONNIE BRAE TO US377: $557,402.00. • BONNIE BRAE - IH35E TO SCRIPTURE: $292,575.68. • BONNIE BRAE - SCRIPTURE TO US380: $831,196.50. � TOTAL OF 3 CONTRACTS IS $176817174.18. GRAHAM ASSOCIATES FEE FOR BONNIE BRAE - I H 3 5 E TO SCRIPTURE IS FOR PRELIMINARY ENGINEERING ONLY. ROW COSTS WILL BE CONTRACTED SEPARATELY TO AVOID MARKUP (COSTS WILL ECLIPSE ENGINEERING FEE). TOTAL OVERALL CONSULTING COSTS APPROXIMATELY $6.1 MILLION (AFTER DEDUCTION OF ORIGINAL CONTRACT SAVINGS). TOTAL OVERALL ENGINEERING BUDGET PER TIP MODIFICATION IS $776947779.00. ENGINEERING COSTS INCLUDED IN MODIFIED BUDGET ARE INTENDED TO COVER ALL PROFESSIONAL SERVICES INCLUDING ENGINEERING, ROW ACQUISITION, INTERNAL STAFF COSTS AND LEGAL FEES. SOL- : -ODSP- VINTAGE BOULEVARD CITY / COUNTY FUNDING PRELIMINARY OPINION OF PROBABLE COST FOR WIDENING VINTAGE BOULEVARD OVER THIS STRETCH - APPROXIMATELY $1.9 M. DENCO PCT. 2 APPROVED $3.75 M FOR PARTICIPATION IN VINTAGE. GRAHAM ASSOCIATES FEE PROPOSED FOR ROADWAY IMPROVEMENTS IN THIS SECTION IS $3317565.00. FUNDING FOR DESIGN PROVIDED BY BOND TRANSFERS FROM FUNDING REMAINING ON EXISTING COMPLETED PROJECTS. . . . . .......... . 1, avisomattallilt mamocm � CITY COUNCIL APPROVED ORIGINAL CONTRACT WITH FREESE AND NICHOLS, INC. IN THE AMOUNT OF $475017530.00 ON OCTOBER 19, 2010. ROW ACQUISITION INCLUDED THE PURCHASE OF A NUMBER OF PROPERTIES HAVING EXISTING STRUCTURES THAT HAD TO BE REMOVED. IN ORDER TO REMOVE STRUCTURES, THE POSSIBLE PRESENCE OF ASBESTOS HAD TO BE DETERMINED. CITY MODIFIED ORIGINAL CONTRACT THROUGH AMENDMENT NO. 1 ON JANUARY 9, 2013 TO INCLUDE ASBESTOS SURVEY OF 19 STRUCTURES FOR $50,377.00, INCREASING TOTAL CONTRACT AMOUNT TO $4,551,907.00 AS PROJECT HAS EVOLVED, ADDITIONAL EFFORTS REQUIRED BEYOND ORIGINAL SCOPE: 0 ROW ACQUISITION SERVICES - ADDITIONAL $291,580.00 • INCREASED PROPERTY OWNER COORDINATION, SITE VISITS AND DOCUMENTATION, PRIMARILY ATTRIBUTABLE TO SB 18 PASSAGE (TOOK EFFECT ON SEPTEMBER 1, 201 1) - $ 58,300.00. • ADDITIONAL MEETINGS WITH PROPERTY OWNERS TO EXPLAIN ROW ACQUISITION, TIMELINE AND DESIGN - $23,850.00. • APPRAISAL UPDATES FOR "AGED" APPRAISALS - $113,390.00. • APPRAISALS ADDED ALONG SPENCER ROAD - $13,200.00. • ANALYSES OF POSSIBLE DESIGN OPTIONS ON VARIOUS PROPERTIES TO FACILITATE COST EFFECTIVENESS - $6,230.00. • ADDITIONAL PROPERTY OWNER AND RENTER RELOCATIONS INCREASED, NECESSITATING ADDITIONAL ASSISTANCE - $37,950.00. ADDITIONAL ROW STATUS AND PROPERTY OWNER MEETINGS - -- - -- - - - - - -- - - - - - -E - $389 660.00. DESIGN SERVICES — ADDITIONAL $227,365.00 • INCLUSION OF SPENCER ROAD IMPROVEMENTS DESIGN - $40,870.00. • REALIGNMENT OF MAYHILL BETWEEN SPENCER AND QUAIL CREEK ROAD TO THE WEST - $19,100.00. • ASBESTOS REMEDIATION, STRUCTURE DEMOLITION PLANS AND DEMOLITION MONITORING - $112,820.00. • ADDITION OF RETAINING WALLS AT DCTA BRIDGE - $24,040.00. • DRAINAGE ALTERNATIVES ANALYSIS FOR EXISTING DETENTION POND - $ 5,400.00. ADDITIONAL SURVEY - $25,135.00. o ARCHEOLOGICAL INVESTIGATION — DETAILED INVESTIGATIONS PROVEN UNNECESSARY AFTER REVIEW BY TEXAS HISTORICAL COMMISSION — (- 339360.00). o ADDITIONAL REIMBURSABLE EXPENSES — $39250.00. TOTAL ADDITIONAL FEE REPRESENTED BY AMENDMENT NO. 2 IS $4887835.00. MODIFIED TOTAL CONTRACT AMOUNT IS $570407742.00. TOTAL BUDGETARY AMOUNT FOR ENGINEERING ON PROJECT IS $574547159.00. ENGINEERING COSTS INCLUDED IN ORIGINAL BUDGET INTENDED TO COVER ALL PROFESSIONAL SERVICES: ENGINEERING, ROW ACQUISITION, INTERNAL STAFF COSTS AND LEGAL FEES. ANY SHORTFALLS EXPERIENCED IN DESIGN PHASE TO BE MADE UP BY TRANSFERS FROM OTHER PHASES OR PROJECT INTEREST INCOME. OPTIONS ► APPROVE PROFESSIONAL SERVICES AGREEMENTS AS DISCUSSED HEREIN AND PRESENTED ON CONSENT AGENDA. � DECLINE TO APPROVE PROFESSIONAL SERVICES AGREEMENTS AS RECOMMENDED. RECOMMENDATION ► STAFF RECOMMENDS APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS AS DISCUSSED HEREIN AND PRESENTED ON CONSENT AGENDA. QUESTIONS? AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2013 DEPARTMENT: Economic Development ACM: John Cabrales, Jr. SUBJECT Receive a report, hold a discussion, and give staff direction regarding Economic Development strategies. BACKGROUND In the Budget Work Session on August 1, 2013, Council members requested a Work Session on economic development strategies. In 2003, City Council engaged TIP Strategies as a consultant to develop a comprehensive strategic plan for economic development. The process took approximately two years from inception to completion, and included a planning retreat, identification of partners for funding the project, citizen engagement forums, and the identification of target industries and economic opportunities. The total cost for the plan was $100,000 and several stakeholder entities contributed to the funding, including the City, the Chamber of Commerce, University of North Texas, Texas Woman's University, North Central Texas College, and Denton Independent School District. The resulting plan had four key focus areas: downtown development, business park development, image and marketing, and UNT Research Park. The plan was updated in 2008 to include aviation, medical, and international outreach. Both of these plans have become outdated, and this is an appropriate time for City Council to consider a new strategic plan. In this Work Session, the Director of Economic Development will present information regarding the stricture of the Economic Development Partnership in Denton, best practices in economic development for a full spectrum of programming, national trends in economic development, and the unique advantages and challenges of economic development in Denton. The presentation will also outline seven potential strategies for improving economic development programs, and will discuss options for the development of a new strategic plan. EXHIBIT Economic Development Strategies PowerPoint Presentation Respectfully submitted: Aimee Bissett, Director Economic Development Department X10 ent cu G 0 i N V D •— O V } cY) N N L G 0 i C6 O Q O ca Q �U a--+ i C6 i C6 O m Q N ca • N � i 4., C6 CL l N N X10 ent cu c�� c .33 1 Q S N _ E 0--- > E N LU V) i O -a � a � N i N � N E O a Q N a E O J W H CL MNIMMENE N O .O to } N N � Q m LU CL 0 X10 ent cu c�� c .33 1 Q S N _ E 0--- > E N LU V) i r r rr r; r rr , r„ 2 N L O a� N s_ � O V _ 11116, y CO N L O a� N � O V _ 11116, y O O O i Q O O CO O cn V L O c/1 , EmIrM N N �N m N N � a L �o w V CO V L 0 V1 0 ................ 5551= ��@ . ............. 0 CM M, M .r, LZAEA n ........... .... M .r, LZAEA n v 'V lill O O O O O O O O O O O Li O LO O LO N N r- N N 0 J i 0 0 0 i •- 0 � L r * lqq •• ^N ^W W _0 0- E Lu r ri 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CT w N 10 LO Iq m CN p O s p to to c: >,,,.. O } C: D 0 O 0 V H Z 00 CSI O •• ^N ^W W O 0- E Lu c O n� W 4� O LO 0 LO 0 L r W r� v I D O s 0 019 v I s 3 i CO V V L 0 c/1 � 0 N 0 Z � 0 IIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIII LO 0 LO 0 L r W r� v I D O s 0 019 v I s 3 i CO V V L 0 c/1 m :E < ry m :E < N V � s V � � V O � � V V w L- 0 O O O .- � O O � V � i O N V i N O O - O N .! p V N Q Q i O N wa! I N 4� O V •- } O O � � N •V O L � J N N N O Q O W, L•J Q i Q W �� .......... . w @ � ^� @ \ $ � @ � ,r ^^ / m / @ 2� @ { / $ ^i . : > / @ @ � � @ � @ / $ ��© @ @ � . � �� i II biiiiiiiiii II eiiiiiiiiiiiiiiiii 1111111110 eiiiiiiiiiiiiiiiii Ile= Ile= IIIIIIIIIII cp eiiiiiiiiiiiiiiiii II IIIIIIIIIII ��......... II eiiiiiiiiiiiiiiiii %A 111biiiiiiiiii II N_ N i Q N } V •N } O V N � N O •� .... .............. .................. r, Fm M O O CSI N W V W Q H CL � V i ~ � V } E Z •- Q o D 44- O O N O O O } V V ° ° ° ° °° IIIIIIIY .... .............. .................. Fm M O O CSI cn w w Q H N CL E s E O } O O > 00 0 s 0 O cn oe O Z 0 m - IIIIIIII IIIIIIII IIIIIIII .... .............. .................. Fm L- 0 Ll�- N N V O L i O s O N L D O w i N O O �V E O c O V 4� O 1 4- i D E E O V D P.a N 0 0 V O i O w i 0 i D m D V .N x w 00 s � D } O � a o � L O } V � O i � s 44- L D i O O V AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2013 DEPARTMENT: Finance ACM: Bryan Langley � -A SUBJECT Receive a report; hold a discussion, and give staff direction regarding the 2013 -14 Proposed Budget, Capital Improvement Program and Five -Year Financial Forecast. BACKGROUND The FY 2013 -14 City Manager's Proposed Budget was submitted to the Council on July 26, 2013. Staff provided the City Council with a comprehensive overview of the proposed budget at a Budget Work Session on August 1, 2013. In addition, the City Council has also held work sessions on the proposed budget on August 5, 6 and 13. During the above mentioned meetings, the City Council asked a number of questions and requested a variety of information concerning the budget proposal. In response to the questions, staff provided a memorandum to the City Council on August 13 to detail the questions and answers that staff had compiled. In Exhibit 1, an additional memorandum is provided to summarize the remaining questions and answers that had not been previously provided to the City Council. Included in Exhibit I is a revised Strategic Plan for FY 2013 -14 labeled Attachment "B ". This Plan has been revised as Key Focus Area I- Organizational Excellence, goal 4 has been changed to read "Achieve a high level of customer satisfaction ". In addition, two additional objectives under this goal have been added. These objectives are to provide exemplary customer service and to seek creative means to help customers achieve their goals. In addition a proposed ordinance is attached which will amend Solid Waste service rates for FY 2013 -14. This ordinance was recommended by the Public Utilities Board at their meeting of August 12, 2013. The other utility rate revision ordinances were included in City Council's August I budget packet. These ordinances will be presented to the City Council for consideration at the September 17, 2013 council meeting. Below is the planned schedule to adopt the budget and tax rate: August 20 Work Session on Proposed Budget Public Hearing on Proposed Budget I st Public Hearing on Tax Rate Agenda Information Sheet August 20, 2013 Page 2 September 10 Work Session on Proposed Budget 2" a Public Hearing on Tax Rate September 17 City Council Considers Budget and Tax Rate I look forward to discussing the budget materials in detail with you. If you have any questions, or need additional information, please let me know. EXHIBITS 1. Question and Answer Memorandum 2. Proposed Ordinance Amending Solid Waste Rates for FY 20 13- 14 Respectfully Submitted: Chuck Springer, 349 -8260 Director of Finance Exhibit 1 MEMORANDUM DATE: August 20, 2013 TO: Honorable Mayor and Members of the City Council FROM: Chuck Springer, Director of Finance SUBJECT: City Council Budget Workshop Questions and Responses City Council work sessions regarding the FY 2013 -14 Proposed Budget and Five Year Forecast have occurred on August 1, August 5, August 6, and August 13. The City Council was presented with a memorandum of budgetary questions and responses on August 13. The second round of budgetary questions and responses are presented below for City Council consideration. 1. What has staff discussed with DCTA concerning the Downtown Circulator Shuttle as a new program? Please see Attachment "A ", a memorandum regarding Downtown Shuttle service in response to this question. 2. Can we modify the Strategic Plan to include language that reflects a customer satisfaction focus? The revised Strategic Plan (Attachment "B ") is included for City Council review. Under Key Focus Area 1- Organizational Excellence, goal 4 has been changed to read "Achieve a high level of customer satisfaction ". In addition, two additional objectives under this goal have been added. These objectives are to provide exemplary customer service and to seek creative means to help customers achieve their goals. 3. What are the total fees for constructing an average new single family home? A response to this item will be presented to City Council as part of the September 10th agenda packet. 4. What is the impact on total revenues for roadway improvements if road impact fees are implemented? A presentation is scheduled for the Sept 10th work session to answer this question and give additional background on roadway impact fees. Question and Answer Memorandum August 20, 2013 Page 2 of 2 5. What are staffs recommendations for increasing street maintenance funding from current levels? A response to this item will be presented to City Council during the September 10th budget work session. MEMORANDUM To: Jon Fortune, Assistant City Manager From: Marls Nelson, Transportation Director Date: August 15, 2013 Subject: Downtown Circulator Shuttle This correspondence is a follow up to a request made by City Council during the August 1, 2013 Budget Presentation regarding the feasibility of circulator shuttle to be operated by Denton County Transportation Authority (DCTA) providing service in the downtown Denton Square area. Staff briefed the Council Mobility Committee on a similar proposal in August of 2011. At that time DCTA staff provided a planning level cost for the service of $70 per hour which would cover all operations and maintenance cost to include dispatch services, Access Service (ADA Service), insurance and fuel. Over the past week Dee Leggett, DCTA Chief Operations Officer and I have discussed the feasibility of implementing a Downtown Denton connector shuttle service. DCTA indicates they would operate said shuttle if the City of Denton funds 100 - percent of the capital and operating costs. It was requested that a 15 passenger cut -away bus be utilized versus a ribber tire trolley in an effort to maintain DCTA fleet consistency for maintenance, operations and training purposes. DCTA indicated the 2013 purchase price of a 15 passenger bus is approximately $80,000 with a customized vehicle "wrap" to distinguish the connector service from the DCTA Connect fixed routes. For planning purposes, DCTA uses a seven to nine -month lead time to secure a production slot for this type of equipment. DCTA recently located an available cutaway bus that could be put into service within three to four months. DCTA indicated that $75 per hour is an accurate planning number for FY 14 cost of service for the cutaway bus and refinement of the number would be expected once true contract costs are established. At a rate of $75 per hour, $150,000 would provide 2,000 hours of service or approximately 40 hours of service per week. DCTA staff also located a used ribber tire trolley (Attachment 1) that could be placed into service within three to four months. The dealer has listed the cost of the used trolley at $175,000 and operational cost is estimated at $80 per hour. Should a used trolley not be available for purchase, DCTA estimated the cost of a new trolley could be as much as $225,000. Similar to "Dedicated to Quality Service" www.cityofdenton.com Attachment A the cutaway bus, a seven to nine month lead time is typically utilized to allow for production and delivery of new transit vehicles. Finally, DCTA indicated that if the City of Denton and DCTA choose to implement the proposed downtown connector service, DCTA staff would welcome the opportunity to facilitate a scoping session with Council to review existing and potential ridership along proposed routes as well as review other service options. It is important to note that some adjustments to the existing DCTA Connect service may be warranted to improve overall system efficiencies. Please advise if you have any additional questions regarding this proposal. Thank you. Attachments: 1. Attachment I — Rubber Tire Trolley 2. Attachment II — 15 Passenger Bus N U N Q a� H E 0 0 0 �n N x O Q4 Q4 3 N O O O LP ri 0 N i ul O O C) C) O C) -r-I Ln I inm �-4 Q4 O z 4--I 3 N 1-� ui -r-I -r-I Z a a U (6 Q c O 4-J M 0 O � N O � ca u u Q N w"m U C� Z >E O Z O z W 0 c Y aJ E O C aJ 3 c � O _ 2 v � O V �s aJ 0° �_ m v Y � s � v O aJ >, v 0 Q wE E Y aJ s a E i a1 O g 0 aJ Cl. 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C � ca cn O Q) N Q R Q c O N = U O L a-- J O L Q = O N M (O i V = ca V Z O O LL N m V ro V ++ T fC V} QJ iQ) O O C } O to C V ±+ cn Gl L a_ O � •fC � � � � � VO � Q � O •in Ql �j �O O (6 V > GJ O O 0 GJ Q) VO Q) R V L C '++ ) 0 +�— N N a1 r06 L Q) 0 m O iJ p C Z N -1 a = V C Q) V Q_ N QJ Q) V1 •gyp— Q) p Q. •V � Q� Q O .— � � _ •5 Q N Q' O O .> rp 0 V R O C� C d d G d N m U O O O Q • to U C� ml, • r r2' Z H W D Q W J > $ O � $ � � D E � > $ 3 u / > .� \ O 0 / 0 0 ./ Ln 4� •0 > 0 2 0) & 0 Ln Ef e E � � 4� � 2 � \ Ln \ 0 & E .O Q 0 4 / E r'4 / C) r ro m u 76 � & g -&-- \ 0) 0 =3 V � -0 \ � / m m =3 '> & r 42 �� / 2 / $ E E u E O Q 0 0 > 2 / & 0 u 2 E m e E Q -0 O " E E 0 > � ® & & I � E � � / $ _ $ � $ u ® ¢ ® U E % ® & � v $ O u % > vi uo E .L u E § 0 u , 4-j LL 0 he w O .g w"m U C� aE Q o w O 0 T a 3 m Oo ro O c� a� a� m 0 w m a 0 ao Exhibit 2 ORDINANCE NO. 20 13 - AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE NO. 20 � 2 ...2 � 2. AS AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; PROVIDING THAT THE PROVISIONS OF SECTIONS 26 -3, 26 -4, 26 -5, 26 -7, 26 -8(a), AND 26 -9 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS SHALL EXPRESSLY APPLY TO CITY OF DENTON SOLID WASTE AND RECYCLING SERVICE; PROVIDING FOR THE AMENDMENT TO THE RESIDENTIAL REFUSE AND RECYCLING COLLECTION SERVICES RATES AND PROVISIONS (SCHEDULES SWR AND SWRR); AMENDING THE MULTI- FAMILY HOUSEHOLD ITEM COLLECTION SERVICES RATES AND PROVISIONS (SCHEDULES MFR AND SWMFS); AMENDMENT TO THE COMMERCIAL SOLID WASTE REFUSE COLLECTION SERVICES AND DUMPSTER RATES (SCHEDULE SWC); AMENDMENT TO THE COMMERCIAL RECYCLING SERVICES RATE AND PROVISIONS (SCHEDULE SWCR); AMENDMENT TO THE CONSTRUCTION, DECONSTRUCTION, AND DEMOLITION MATERIALS SERVICES RATE AND PROVISIONS (SCHEDULE SWC &D), AN AMENDMENT TO THE SANITARY LANDFILL SERVICES PROCESSING AND DISPOSAL RATES AND PROVISIONS (SCHEDULE SWL); PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. SECTION 1. The charges for Solid Waste and Recycling collection services as authorized by Section 24 -42(b) of Article II, Section 24 -66 of Article III and Section 24 -4 of Article I of Chapter 24; and by Section 32 -90 of Article IV of Chapter 32 of the Code of Ordinances of the City of Denton, Texas, are hereby established as follows: SOLID WASTE AND RECYCLING RATE SCHEDULES PAGE RESIDENTIAL REFUSE & RECYCLING COLLECTION SERVICES ............................. 3 Ratesand Fees .............................................................................................. ............................... 3 Services......................................................................................................... ............................... 4 Miscellaneous............................................................................................... ............................... 5 MULTI - FAMILY REFUSE AND RECYCLING SERVICES ................. ............................... 6 Ratesand Fees .............................................................................................. ............................... 6 Services......................................................................................................... ............................... 7 Miscellaneous............................................................................................... ............................... 7 COMMERCIAL REFUSE & RECYCLING COLLECTION SERVICES ............................ 8 Rates and Fees — Commercial Refuse .......................................................... ............................... 8 Rates and Fees — Commercial Recycling ................................................... ............................... 10 CommercialService Fees ........................................................................... ............................... 10 Shared Container Fees — Square District .................................................... ............................... I Miscellaneous............................................................................................. ............................... 13 CONSTRUCTION, DECONSTRUCTION, AND DEMOLITION MATERIALS SERVICES.................................................................................................... ............................... 16 Ratesand Fees ............................................................................................ ............................... 16 Miscellaneous............................................................................................. ............................... 16 PROCESSING AND DISPOSAL SERVICES Services....................................................................................................... ............................... 18 Miscellaneous............................................................................................. ............................... 19 2 SCHEDULE SWR AND SWRR RESIDENTIAL REFUSE & RECYCLING COLLECTION SERVICES (Effective 10/01/131) Residential collection services accounts are defined as: A detached single family dwelling unit, Eaek living tifi4 of ^ r-es deft ^" ^+, each unit of a duplex or triplex, and any single unit or living space in which a person or single family resides. All refuse must be placed within a bag and then placed within the refuse cart with the lid fully closed, and placed at the curb by 7:00 a.m. on the scheduled collection day. I]IO Aldl 1 -L J' ASS S 100 ba, bioo� -d. 1-u U d° ltapL S S 100d riot b. bai o -d pflai °, ��i flip, n, cy6m, c° irt. Carts are only collected one time per week. Residential accounts yin, will be billed monthly. Rates and Fees — Residential (SWR) 1 Cart Refuse - Standard Cart $20,75 $284-8 Refuse - Small Cart $ � 9.75 $' Refuse - Large Cart $25,o5 $24-.2-0 (SWRR) Recycling - Standard Cart $ 5,2 Recycling - Large Cart $7.77 Minimum Monthly Billing Rate I W.75 Excess Refuse & Recyclables - per cart reload and empty 1 $6.00 Yard Waste (per Cubic Yard, in excess of �l 4 cubic yards) 1 $7.00 Large Household Item (per item, in excess of 4 items per year) 1 $7.00 X88 Appliance with PCB's or refrigerants (per item) 1 $50.00 Electronics (per item) 1 $20.00 Residential C &D (mobilization) $70.00 Residential C &D (per cubic yard) $10.00 Cart Redelivery Fee (each cart) 1 $25.00 D r. y ova t S u. ry �c D�iy $65,00 3 Services Residents shall contact Customer Service a minimum of one day prior to their scheduled collection day to request that Solid Waste collection personnel perform any services other than the scheduled weekly collection of the refuse and recycling. Minimum Billing /Base Rate Service A minimum monthly billing rate is applicable for an unoccupied residential unit and shall only be effective after written application is made by the ratepayer with the Customer Service Department, and such minimum billing rate shall be limited to a maximum period of six months per calendar year. Excess Refuse & Recyclables Solid Waste collection personnel will reload the refuse or recyclable cart with additional materials placed adjacent to the cart. varrl WaatP There is no additional charge for the collection of up to �l 4 cubic yards (CY's) of yard waste per week (i.e. bagged grass clippings, bagged leaves, brush, and tree limbs which are cut in less than 4' lengths and stacked). If the volume of yard waste exceeds 1 4 CY's but does not exceed 9 44 CY's, the total volume will be collected, and a fee per CY will be charged for each CY in excess of 14 CY's. If the total volume exceeds 9 44 CY's the resident shall contact Customer Service to request collection. Large Household Items Solid Waste collection personnel will collect up to four large household items per year, for no additional charge. Large household items are residential household type items that are consistent with household use, such as furniture and selected appliances. Appliances Appliances manufactured to contain PCB's or refrigerants will be charged for the collection, processing, and disposal of each appliance and /or the associated materials. Electronics Televisions, monitors, video displays, laptops, similar electronic devices, and certain appliances containing CRT, LED, LCD, plasma, or other electronic displays will be charged for the collection, processing, recycling, and disposal of these devices. Residential G&B i�uMiodc :°Q' a�7 4 Residential �-uAiioc� . fip ig� C&D waste includes but is not limited to lumber, brick, fencing, and drywall, not exceeding 8' in length. If the customer has over (8) cubic yards of �� All o6. i m, C—&D waste for collection at any one pick -up, the customer is required to aA 6 fi z. , have a City refuse container of adequate size to contain the waste, and maintain a collection service frequency of at least once per month. Household Hazardous Waste Residential household hazardous wastes and are tinwatq�ed chemicals should not be placed in a refuse or n u cyc i m, cart (pesticides, herbicides, cleaning chemicals, paints, oils, etc.). Residents shall contact Customer Service for their collection. aPA The materials should be po, pt ��i f ii, -' ork�ji�fl I amid placed at an agreed upon location. Redelivery Fee Residential customers will be charged a delivery fee to reset each cart, if they are pulled for nonpayment. Miscellaneous When initiating new service, a deposit may be charged. Residential customers may be provided commercial containers and service at the published commercial rates. Temporary containers may be placed on residential property for up to thirty 30) days, with no more than three 30 -day periods per year. Should any other fees and /or charges be established by any other authorized governmental entity, those fees and /or charges will be added to the monthly rate stated hereinabove in order that the City shall recover those additional costs from the customer. Other residential services may be provided at fees established by the department, and approved by the General Manager. The fees established will recoup the cost of service including the special and administrative services provided. h4.lii�i� ficm o� a amid i.Md i.iainALISS CUStOML11- SY IaIfl d,I `lid.' °u a �" amid pion fpi�.' ('q tY pay a��y � p �� p u:°�-SO p �, �� � u� u: ^Y a ��u:° p: �p u:TtV �Y����MC' m fliu -' y� vac° -' po�°m� o� i, J'or a���y doss., ➢ V, �: tl1 AfffiCC " . �SU, b'A.ffh CC M V"4_ . CS, 0'1- StlMflffl_ fil6fi V"S M flI d�: � �nl o l oj'flh �d s iii : or ,.. tltl l l��"orp c us ' " L' l �.blYr s I:1 'flc �< s 111"'11, "'In S � igdq;" ) ,a. -r 1`61- fllu'r a�, �Y t� p�u'��u.aC�Yu: ", �����u: °u�a���� "�, �- Ifi -fl amid �io�d p�a�����pu:a��y��y fllu -' ` t oi" . " ��. �V4 [ oi. � s. Jro iA aigi ai ai�i a ol� �: m-. to flit/ -. J'C' � d� -�fiM amid nu cy,c im, sofi� � a� �Y u. �Yu� � ��u:� �y � u:Tl'oniii :° by fpi�' � ply ��i �Yu: °��v�� u��, �Y���, pug ai�i 5 SCHEDULE MFR AND SCHEDULE SWMFS MULTI - FAMILY REFUSE AND RECYCLING SERVICES (Effective 10/01/131) A multi - family unit includes each separate living unit of a four -plex, apartment community, condominium community, townhome community, or other multi - family living facility with four or more residences. Multi - family facilities are provided refuse collection services, ftPA recycl itfl �, materials collection services, if "° uested. in addiction a +c chase seR,iees, mu t, family sidefitsfeeeiye household chemical collections and recycling services, SY, p �Ct p;0k.v' �fi,� as c0flp �� �� �Yu� � ��.u:� �Y a � the t.. T SCI ha�p,e the a u,... s„ 1, el l e ff a--ed. Rates and Fees — Multi - Family Multi - Family Rates and Fees Monthly Charges (MFR) Household Chemical Collections (per living unit per month) Electronics (per item) Cart Services - Refuse and Recycling Carts Large Cart Pairs — Refuse and Recycling One Pair Carts One Pair Carts - Drive on property Household Chemical Collections $2,1 � 8 $20.00 $28.50 • Multi - family household chemicals are unwanted chemicals that should not be placed in your refuse container (pesticides, cleaning chemicals, paints, oils, etc.). Residents shall contact Customer Service for their collection. The materials should be k.p t ��i fliujr orkji�fl com,,i� �i rs amid placed at an agreed upon location. 0 Electronics Televisions, monitors, video displays, p ai ptop s.' �J iii fl �i r electronic devices, and certain appliances containing CRT, LED, LCD, plasma, or other electronic displays will be charged for the collection, processing, recycling, and disposal of these devices. Appliances Appliances for multi - family residents are not collected through an appliance collection route, and may only be placed in the facility dumpster if they were not manufactured to contain PCB's or refrigerants. If they were manufactured to contain PCB's or refrigerants they should be transported by the resident to the landfill. Services Residents shall contact Customer Service a minimum of one day prior to their scheduled collection day to request that Solid Waste collection personnel perform any services other than the scheduled weekly collection of the refuse and recycling. Special Collection Special collection services may be provided to multi - family facilities upon request. Miscellaneous Should any other fees and /or charges be established by any other authorized governmental entity, those fees and /or charges will be added to the monthly rate stated hereinabove in order that the City shall recover those additional costs from the customer. 7 SCHEDULE SWC AND SCHEDULE SWCR COMMERCIAL REFUSE & RECYCLING COLLECTION SERVICES (Effective 10/01/131) Every owner, occupant, tenant, or lessee of any business, commercial, institutional, or industrial property not entitled to receive residential refuse collection service shall be required to have commercial collection service provided by the City of Denton. New commercial business development and redevelopment will be provided solid waste commercial refuse and recycling services, as outlined in the Denton Development Code and Site Plan Criteria Manual. Only materials mutually agreed upon by the commercial recycling customer and the City are acceptable in the provided recycling container. The owner /manager of the commercial entity is the party responsible for notifying his /her personnel of proper recycling procedures. Refuse and recyclables will be collected in city provided or city approved containers only. All businesses utilizing non -city owned containers shall comply with the requirements of the City of Denton Collection and Transportation Permit Rate Schedule (SWP) and shall obt,,i��i fliu, I -L C� Ldn, i; �, ni 4 be peFmit4ed per the requirements of the schedule. Should any other fees or charges be established by any other authorized government entity, those fees will be added to the monthly rates stated within this ordinance in order that the City may fully recover the additional governmental fees. Commercial accounts will be billed monthly or semimonthly. Rates and Fees — Commercial Refuse Commercial Minimum Billing Non -cart customers Commercial Front Load Services Services per Week 3 CY Front Load 4 CY Front Load 6 CY Front Load 8 CY Front Load 1 $25,65 2 3 Extra Empty 9 Commercial Side Load Services 3 CY Side Load 4 CY Side Load 1 2 Extra Emotv Temporary Front Load Container Service Monthly Rental Collection Fee 4 CY Front Load $79,00 x-88 $87.00 W-.,40 8 CY Front Load $77 )) )) x-88 1 $ � � 7.00 x-88 Roll -Off: Open Top and Compactor Container Services 15 CY Open Top 20 CY Open Top 30 CY Open Top 20 CY Compactor 30 CY Compactor 35 CY Compactor 42 CY Compactor Scheduled On- Demand Monthlv Rental Collection Fee Collection Fee $119.00 $2,13,00 Q 8.00 263) )))) Q'58 $131.00 $2,13,00 X8-88 263) Q18.04 $154.00 11).)))) X8-88 "263) )))) Q18.04 $369.00 $ 15,00 X8-88 $205, x-88 $419.00 $2,17.)))) Q39.00 $205, -88 $498.00 $2,17.)))) X8-88 $205, x-88 $606.00 $ 115, )))) Q2_8- $205, -. 6 Cubic Yard Compactor Service Service Per Week Monthly Rental Monthly Collection 1 2 3 k:n. 00 $14 -88 $k18,00 $14:3.8 $ ) n S, () )) � 89, )) )) x-88 529 )) )) $45-1-0-00 $902,00 ens Commercial Cart Service One Pair - Refuse and Recycling $ .C) Both scheduled and on- demand municipal solid waste (MSW) collections, excluding constriction, deconstruction, and demolition materials, must be collected a minimum of once per week to meet the State of Texas Municipal Solid Waste handling requirements. Commercial Recycling The contamination rate must not exceed 10% of the hauled load to qualify as recyclable materials. On demand recyclables equal to or greater than 10% contamination must be hauled a 9 minimum of once per week. Containers with loads exceeding 10% contamination are considered MSW and will be hauled and billed by the City of Denton as MSW. The City of Denton has the authority to inspect the contents of any container located within Denton's city limits in order to determine the materials content of the container, so as to ensure compliance with the contamination requirements, which shall not exceed 10 %. Rates and Fees — Commercial Recycling Commercial Front Load Container Recycling Service Level 4 CY Front Load 6 CY Front Load 8 CY Front Load Monthly Every 2 Weeks Weekly Service Extra Empty Service Temporary Front Load Container Service 8 CY Front Load Monthly Rental Collection Fee Comingled $7):).):)):) $67.00 "QS, (:).(:)(:) x- Select Commodity $70,00 J$6798 $50,00 $4,. Special Events Recycling Small Event 8 CY Container Package * Extra Empty Collapsible, Portable Receptacles $59,00 x-W 8 CY Container with 1 Empty $' and Collapsible, Portable Receptacles Extra Empty - 8 CY Container $ )) 8,00 $' * 8 CY Container Delivery at Standard Rates Commercial Refuse and Recycling Cart Service In those areas where commercial cart collection is available, small quantity waste generators, generating less than one cubic yard of refuse per week, may contract for once per week cart service. All waste must be contained in the cart, and the cart set out for collection no later than 7:00 a.m. on the scheduled collection day. A maximum of four carts are available, two refuse and two recycling. The cart(s) yin, �13e serviced one time per week. Service above this level will require the customer to subscribe to front -load container service. Commercial Service Fees Roll -Off Delivery / Relocation / Inaccessible Fee $95.00 FL/SL Delivery / Relocation / Inaccessible Fee $75.00 10 Commercial Cart Delivery Minimum Monthly Charge Wait Time Fee (per hour, billed in 15 minute increments) Same Day Service Fee (request same day service after 11:00 a.m.) Lock Installation or Removal (Charge for each service) or One Time Charge and Monthly Billing Rate (begins 1 st month) $25.00 $25,65 $85.00 $50.00 $200.00 $35.00 $10.00 Front Load / Side Load Container Cleaning - Pricing for each cleaning Quarterly Container Cleaning $ 5 0.0 0X8,89 Semi - Annual Container Cleaning $40,00 X5-89 On- Demand Container Cleaning $150.00 Right -of -Way (ROW) Fees Roll -Off Container ROW Fee (per day) $ ,�.00 X5-88 No Parking Zone Fees Front Load No Parking Zone - Initial Calendar Year $ � cm. Monthly Renewal (Single Length) $0.00 S?94 Side Load No Parking Zone - Initial Calendar Year $370.0 0 X8-88 Monthly Renewal (Extra Length) $ � 0' 00 Delivery / Relocation / Inaccessible Fee A fee will be charged for the delivery of a container, the relocation of a container, or if the container is inaccessible at the time of service. Minimum Charge A monthly minimum charge will be charged to all non -cart commercial solid waste customers. Wait Time Fee Customers that request the driver wait so that they can provide an additional service to the customer will be charged an on -site waiting time fee charged in fifteen (15) minute increments. 11 Same -Day Service Fee The Solid Waste Department Customer Service personnel must receive on- demand service requests prior to 11:00 a.m. on the day service is desired in order to provide same day collection service. Lock Installation Fee For the Solid Waste Department's installation or removal of container locks. Deposit Fee For containers, a commercial solid waste service deposit is required. Payments to the City that are not received by the due date will result in the customer's deposit being increased during the next billing cycle. The deposit increase will be based upon the customer's billing history. To continue receiving service, the customer is required to remit the previous service balance owed and the increased deposit charges. The General Manager, Solid Waste and Recycling Services, or designee, may AJUSt the deposit based upon the review of the customer's credit history and other criteria. No Parking Zone Fees No Parking Zone fees provide for an identifiable and pait4ed area in the street which is designated as a vehicular No Parking Zone, which provides for road clearance, allowing the City's trucks to always have accessibility to the customer's container. The No Parking Zone is designed to prevent the container from being blocked by another vehicle, and therefore eliminates additional service fees from being charged to the customer, and the need for the city's trick driver to return to the customer's address and empty the container once a vehicle blocking a container has moved. Customers may secure a dedicated No Parking Zone for front load and side load containers by completing an application with the City Traffic Engineer. Container Cleaning Fees Container cleaning services are available for front and side load commercial containers. The service is a one -year service subscription that is elected by the customer. The one -year service agreement is on a c° iiq : �id it ' �, sir basis. Empty containers are transported, cleaned, and returned, and are projected to be off the customer's site for approximately four hours. Shared commercial container customers that desire to have their containers cleaned shall determine the monthly amount to be billed to each customer, which when totaled shall equal the monthly rates for scheduled services or the on- demand service rate. Shared Commercial Containers — Square District Shared container collection services which include both refuse and recyclables collections at each business site within the Square District 12 Plan af ea will be provided for the charges listed below. Shared Container Fees — Square District Residential: Per living unit within the Square District 11, 50 Commercial Business: For 1 Cubic yard of Service (Minimum) ` 25,0 5 month For 2 or more Cubic Yards of Refuse or Recyclables $ � S, 5 0 W. per CY Administrative Fee for 2 or more Cubic Yards 1 $2.00 month Property owners within the Square District may have individual business containers on their property if they choose not to use shared container service. Shared Commercial Containers (Outside of Square District) Shared commercial container customers must have at least one (1) cubic yard of service per customer per week. The use of shared commercial containers shall be determined by the Solid Waste Division staff. Rates will include the additional monitoring, billing, and administrative fees associated with this service. Shared container enclosures on City controlled or owned property will be charged a rate to cover the cost of the enclosure area. Appropriate shared accounts ��IC UJ_ fffe _tibj *_ *_& the etkef applicable administrative monthly service fees. Miscellaneous Commercial refuse collection services are provided through a volume -based rate system. All new commercial business development and redevelopment will be provided solid waste commercial refuse and recycling services, as outlined in the Denton Development Code and the Site Plan Criteria Manual. Refuse and recyclables will be collected in City approved or City provided containers only. All non -City owned containers shall have a container permit, � `o�pu:�� o� i amid `�'nia 1�Y�;�ol� a �� e P �I nAt, affixed to the outside of each container in a location that is clearly visible when viewed from the front of the collection site. The City reserves the right to reject recycling loads containing any materials other than the contracted material. If a recyclable load is rejected by the City, it will be handled as municipal solid waste (MSW) and incur both the rejected recycling charges as well as associated commercial solid waste disposal rates. Other services may be provided at fees established by the department, and approved by the General Manager. The fees established will recoup the cost of service including the special services, and administrative services provided, and meet sustainability goals. 13 Should any other fees and /or charges be established by any other authorized governmental entity, those fees and /or charges will be added to the monthly rate stated hereinabove in order that the City shall recover those additional costs from the customer. � 1p , u: ^st"I a Yp � u�m 01" nitu, s Jor Pflot Pro, nl� lls �� fl p�u:I ��u:° �� a u:° ova ai pro,� nia ii by p ro;nla ll Special Waste Denton's acceptance and disposal of Special Waste is defined by the State of Texas in the Texas Municipal Solid Waste Management Regulations and is conditional upon the special waste requested from the customer for disposal. Acceptance of special waste is subject to Federal and State laws and regulations, and the City of Denton has the right to refuse to accept or collect special waste at their discretion. Charges, approved by the General Manager, Solid Waste and Recycling, for the collection and disposal of special waste, will be established based on the type of special waste, and the requirements for collection and disposal of the waste. Service Requirements Equipment Uses - All equipment furnished by the City, shall at all times be considered the property of the City. Customer shall keep the equipment free and clear of all levies, liens and encumbrances. Customer shall not modify the equipment or use it for any purpose other than as set forth herein. The City shall repair, as necessary, the equipment(s) furnished. The Customer, however, agrees to be solely responsible for any damages to or loss of equipment resulting from any negligent acts or misuse by the Customer or Customer's agents or employees, or invitees. The City may temporarily replace the size and /or the type of equipment contracted for with one or more pieces of equipment(s) of equivalent capacity for the purposes of repairing the equipment. Customer agrees that the equipment is in the Customer's care, custody, and control at all times. Equipment Location - Customer shall provide an accessible location for the Equipment that is safe and provides adequate and legal clearance. This means that for a radius of at least five (5) feet around the Equipment there will be no objects or obstructions other than enclosures that meet City - required clearance standards. No container shall be set closer than two (2) feet to any structure (exception: a bollard in an enclosure). Additionally, the path that the City's Service truck must take on Customer's premises, must provide a minimum clearance on each side of the City's truck of at least two (2) feet. Overhead clearance of twenty -five (25) feet is required for roll -off containers, and twenty (20) feet for front and side -load containers. Failure to maintain or provide these minimum clearances will result in the City's refusal to pay any and all damage claims and /or to service the container. Customer will be solely responsible for providing access to the Equipment at all times, and agrees that Customer shall not be relieved of payment of any charges for Services contracted for, but not provided by the City, because of Customer's failure to maintain continuous prescribed access to the Equipment. Outside of normal wear and tear, the maintenance required to place the Container at another location will be charged to the Customer. Weight Limits - Loaded side -load containers shall not exceed a total weight of one ton. Loaded front -load containers shall not exceed a total weight of two tons. Any container evaluated by the City's collection manager to contain excess weight shall be emptied by the customer to the level 14 determined by the collection manager prior to being serviced. Tickets and /or fines for overweight roll -off loads, and the City's administrative costs, are the responsibility of the customer, and shall be paid by the customer. Indemnification and Hold Harmless - Customer agrees that the City will not be liable to Customer. Customer shall defend, indemnify and hold the City harmless from any and all claims made by Customer's lessor or Customer's lessee at the Service location, and any and all claims made by any other person having an interest in the property situated at the Service location, for any loss, damage or deterioration of the pavement, surface, subsurface materials, or similar facilities at the Service location by reason of use thereof by the City's trucks that are used to Service the Equipment. Customer agrees to release, indemnify, defend and hold harmless the City of Denton, Texas from and against any and all claims for damages to enclosures or screening devices, from solid waste Equipment which do not have an access opening of at least twelve (12) feet inside diameter (ID) for front -load Equipment; and fifteen (15) feet (ID) for roll - off Equipment. Customer further agrees to release, indemnify, defend and hold harmless the City of Denton, Texas, from and against any and all claims of damages related to the furnishing of commercial solid waste service performed by the City. 15 SCHEDULE SWC &D CONSTRUCTION, DECONSTRUCTION, AND DEMOLITION MATERIALS SERVICES (Effective 10/01/131) For constriction, deconstruction, demolition, and renovation sites where the customer requests the City of Denton to provide roll -off collection services for the recycling and reuse of the salvaged materials. Rates and Fees Rates are established for roll -off collection, transportation, and processing services of the listed materials and any other mutually agreed upon materials for which recyclable and reuse markets exist. Uncontaminated C &D (constriction and demolition) materials will be accepted on a per ton or a cubic yardage basis. Rates charged will be based on the quantity and quality of materials to be delivered. Construction, Demolition, and Deconstruction Rates and Fees Container Charges 20 CY Roll-Off 30 CY Roll -Off Fees Mixed C &D Materials (CY) Concrete, Block, Brick (CY) Wood / Other (ton) Miscellaneous Monthly Rental Collection $116.00 $ 2 (6, ,00 $2�5 -88 $137.00 $20 ,00 4$ $5,W $5.00 $23.00 The City reserves the right to reject C &D loads containing any materials other than the agreed upon material. If a load is rejected, it will be handled as municipal solid waste (MSW) and incur commercial solid waste disposal rates. Other commercial services may be provided at fees established by the Solid Waste and Recycling Department, and approved by the General Manager, Solid Waste and Recycling Services. The fees established will recoup the costs and administration of the special services provided. Should any other fees and /or charges be established by any other authorized governmental entity, those fees and /or charges will be added to the monthly rate stated within this ordinance in order that the City shall recover those additional costs from the customer. 16 SCHEDULE SWL PROCESSING AND DISPOSAL SERVICES (Effective 10/1/13) Processing and Disposal Facility Rates and Fees MSW Disposal Rates Minimum Charge (per load) Unsecured Loads Gate Rate (per ton) Commercial Rate (per ton) Wholesale Rate (per ton) Uncompacted Rate (per CY) Compacted Rate (per CY) C &D Rate (per CY) Tires (Each) Street tires < 31" diameter Street tires > 31" diameter and < 42" diameter Off -road and street tires > 42" diameter Brush and Green Waste Whole tree stumps Bagged or unbagged grass, leaves Brush < 12' Brush > 12' Appliances Appliance with PCB's or refrigerants (per item) Electronics Electronics (per item) 17 $20.00 $43.50 $28.00 $23.00 $7.70 $8.10 $5.00 Tire Tire with Rim $8.00 $ aF )))) $10.00 $-)(),()() $20.00 $50,00 Per Ton $50.00 $20.00 $20.00 $30.00 $50.00 $15.00 Sand, Select Soil, Rock and Crushed Concrete Sales Sand and Soil (Per ton): City Loaded Screened Sand `4.25 plus sales tax Select Fill "3.77 Select Fill - CL Grade $4,50 50 Customer Loaded (Per ton) Screened Sand Select Fill Select Fill - CL Grade Rock and Crushed Concrete: Rocks Crushed Concrete Materials Delivery Fee `3.73 plus sales tax 3 77 $4,00 $5.00 Per 100 Lbs 00 x40 Per CY $100.00 1 Per Load Community Garden Plots Annual Charge per Garden Plot $50, ,�,� Plots are paid for on a calendar year basis. No proration of charge. Vehicle and Equipment Storage Rates Monthly Rate per Space Leased $25,00 0 Annual Rate per Space Leased $250,00 Storage needs for City Departments will be charged based on the specific requirements of each tenant. Services Customers with greater than 3,000 monthly tons may receive different rate strictures for varied waste categories or guaranteed delivery volumes. Unsecured Loads In compliance with State regulations, solid waste loads that are not adequately secured to prevent the material from spilling will be charged an Unsecured Load Fee. 18 Appliances Appliances manufactured to contain PCB's or refrigerants for which the customer provides no certified removal documentation of the PCB's or refrigerants will be charged for the disposal of each appliance and /or the associated materials. RIPCtrnnire Televisions, monitors, video displays, p ai ptop s.l �J iii fl �i r electronic devices, and certain appliances containing CRT, LED, LCD, plasma, or other electronic displays will be charged for the collection, processing, recycling, and disposal of these devices. Sand, Select Soil, Rock and Crushed Concrete Sales The Solid Waste Department may sell excess sand, select soil, and rock to the public. Note: Customers wishing to purchase large volumes of soil, greater than 50 CY's, and load their own vehicles, will be required to provide proof of insurance meeting the city's minimum liability insurance coverage. Large volume sales and the actual rates charged will require pre - approval by the General Manager, or designee, Solid Waste and Recycling. The soils must be excess to the needs of the Solid Waste Department. Pricing for special soils will be established by the General Manager, Solid Waste and Recycling at a rate to fully recover costs. Sbecial Waste and Other Waste Streams The acceptance by the landfill of and the disposal of special waste or other waste is conditional. Acceptance of special waste or other waste is subject to Federal and State laws and regulations. The City of Denton has the right to refuse to accept or dispose of special waste or other waste at its discretion. Charges for the disposal of special waste or other waste will be established based on the type, characteristics, and amounts of waste, as well as the requirements for disposal of the waste. Such charges shall be established by the General Manager, Solid Waste, or designee. �,, �d M mu, ij aI � s Mmu, r�afls ol)'u, °n, d J'or s h:° m fliu, uco�i d Ston.-. � fl so M 01- x11)0 ffl flIC Miscellaneous The current State of Texas landfill surcharge of (30 TAC 330.602) $1.25 per ton is a pass - through charge collected on behalf of the State of Texas. Any additional assessment or fees established by a governmental entity will be added to the disposal rates and assessed on all waste delivered to the landfill. Other landfill services that are not otherwise listed under this Schedule SWL may be provided by the City at fees established by the General Manager, Solid Waste. Such fees shall be established that will recover the operational costs, administrative costs, and any other direct or indirect costs incident to the non - listed landfill services. 19 Used Container Sales The Solid Waste and Recycling Department will sell used metal containers and used surplus carts from time to time, as they become available for sale. SECTION 2. The General Manager, or designee, of Solid Waste and Recycling of the City of Denton is hereby authorized to deny the use of the City of Denton landfill to any customer who provides false information regarding the origin of, or the composition of the solid waste delivered for disposal to the landfill; or for safety violations committed by a customer within the landfill; or for non - compliance with verbal and written instructions provided to the customer by Solid Waste and Recycling Department personnel at the landfill; or for nonpayment of delinquent funds owed by the customer to the City of Denton, Texas; or for any violation of the law committed by the customer within the landfill; or for any non - compliance by the customer with the Texas Commission on Environmental Quality regulations or policies; or for any non- compliance by the customer with the City of Denton's Code of Ordinances or rules; or for any violation of the written landfill riles by the customer as posted by the Solid Waste and Recycling Department at the entrances to the landfill, from time to time. SECTION 3. It is in the public interest that the provisions of Sections 26 -3, 26 -4, 26 -5, 26- 7, 26 -8(a), and 26 -9 of Article I of Chapter 26 of the City of Denton Code of Ordinances shall expressly apply to City of Denton Solid Waste and Recycling services. SECTION 4. All ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent, or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION 5. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or the application thereof to any person or under any circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 6. This ordinance shall become effective, charged, and applied to all solid waste services rendered by the City of Denton on and after October 1, 2013; and a copy of said rates, fees, and charges shall be maintained on file in the Office of the City Secretary of Denton, Texas. 20 PASSED and APPROVED this day of , 2013. ATTEST: JENNIFER WALTERS, CITY SECRETARY Im APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY Im 21 MARK A. BURROUGHS, MAYOR AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2013 DEPARTMENT: Finance ACM: SUBJECT Bryan Langley �_A Consider approval of a resolution voting for a member to the Board of Managers of the Denco Area 9 -1 -1 District; and declaring an effective date. BACKGROUND The Denco Area 9 -1 -1 District, created in 1987, is governed by a board of managers. The board is appointed by the county, participating cities and the Denton County Fire Chief s Association. Board members serve staggered two -year terms and are eligible for reappointment. The Emergency Telephone Number Act states: The board shall manage, control and administer the district. The board may adopt riles for the operation of the district. The term of a board member that was appointed by participating cities will expire on September 30, 2013. On May 9, 2013, Denco Area 9 -1 -1 sent a memo requesting nominations to serve on the Board of Managers, which was provided to Council on May 17, 2013, as an Informal Staff Report. On July 9, 2013, the City Council voted to nominate Sue Tejml to the Denco Area 9 -1 -1 Board of Managers. On July 16, 2013, the Denco Area 9 -1 -1 District sent a list of the nominations they received from participating cities. There were five nominees: Karl Hammond, Charla Marchuk, Tom Newell, Joe Perez, and Sue Tejml (Attached). The current Board of Managers is comprised of the following individuals: Board Member Jack Miller, Chair Mayor Olive Stephens, Vice Chair Chief Terry McGrath, Secretary Harlan Jefferson Bill Lawrence Rob McGee Appointed By Denton County Commissioners Court Denton County Participating City Denton County Fire Chiefs Association Denton County Participating City Denton Countv Commissioners Court Term Expires 9/30/2014 9/30/2013 9/30/2013 9/30/2014 9/30/2014 Largest Telephone Service Provider Rep. Non - voting Agenda Information Sheet August 20, 2013 Page 2 ESTIMATED SCHEDULE OF PROJECT Denco requests each city to vote for one of the nominees and advise them of its selection prior to September 11, 2013. The nominee with the most votes will be the municipalities' representative to the Denco Area 9 -1 -1 District Board of Managers for the two -year term beginning October 1, 2013. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On July 9, 2013, the City Council approved a resolution to nominate Sue Tejml as a member to the Board of Managers of the Denco Area 9 -1 -1 District for a two -year term to commence on October 1, 2013. RECOMMENDATION Staff has included a resolution voting for Ms. Sue Tejml to serve on the Board of Managers for Denco 9 -1 -1 as Ms. Tejml was the City's nomination on July 9, 2013. If the City Council would like to vote for a nominee other than Ms. Tejml, this item can be pulled from the Consent Agenda and considered as a regular item. EXHIBITS 1. Nominee Memorandum from Denco Area 9 -1 -1 District and resumes of nominated individuals 2. Resolution Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance Exhibit 1 1075 Princeton Street - Lewisville, TX 75067 - Mailing: PO BOX 293058 Lewisville, TX 75029 -3058 Phone: 972-221-0911 Fax:972- 420 -0709 TO: Denco Area 9 -1 -1 District Participating Jurisdictions FROM: Mark Payne, Executive Director DATE: July 16, 2013 RE: Appointment to the Denco Area 9 -1 -1 District Board of Managers On May 9, 2013, the Denco Area 9 -1 -1 District requested participating cities to nominate a representative to the district board of managers. The following nominations were received by the July 15, 2013 deadline: Nominee City /Town Making Nomination Karl Hammond Lake Dallas Charla Marchuk Shady Shores Tom Newell Corinth Joe Perez The Colony Sue Tejml Copper Canyon Double Oak Northlake Sanger Bert Witherspoon Krum The Denco Area 9 -1 -1 District requests that each participating city vote for one of the candidates and advise the district of its selection prior to 5 p.m. September 11, 2013. Please send a copy of the resolution recording council action. Enclosed is a sample resolution you may wish to use and resumes for the candidates. Also enclosed is a copy of the resolution outlining board appointment procedures and a list of current board members. Please mail your response to Denco Area 9 -1 -1 District, P.O. Box 293058, Lewisville, TX 75029 -3058 or fax it to 972 - 353.6353. You may also email your response to Andrea Zepeda, Executive Assistant at andrea.zepeda(a�denco orq. Thank you for your assistance in this matter. Enclosures www.denco.org Exhibit 1 WMME= 5427 Kings Manor Lake Dallas, Texas 75065 Cell Phone: (940) 594 -7052 politicalman68 @yahoo.com khammond @lakedallas.com Objective Obtain a position in management or sales, where I may maximize my experience with a progressive company. Summary Offering nearly 23 years of experience and a comprehensive knowledge of sales, inventory, accounts receivables and accounts payable, shipping/receiving, managerial skills, and the local market. Work History 2012 Now ASSEMBLY, Tractor Supply Co.; Denton, TX 2011- Now COUNTERMAN, NAPA Auto Parts Inc.; Coppell, TX 2010- Now OVERNIGHT STOCKER, Toys R Us Inc.; Lewisville, TX 2004-2008 STOREMANAGER, Jamieson Fence Supply Co.; Dallas, TX 1998-2004 COMMERICAL SALES MANAGER, O'Reilly Auto Parts Inc.; Lewisville, TX 1994-1998 STORE MANAGER, Parts Plus Inc. /Big A Auto Parts Inc.; Carrollton, TX 1990-1994 COUNTERMAN, Parts Plus Inc. and PARTS DRIVER, Parts Plus Inc.; Denton, TX 1985-1993 GUNNER'S MATE, United States Navy Education 1999 Associate of Arts, NORTH CENTRAL TEXAS COLLEGE 1994 Associate of Science, NORTH CENTRAL TEXAS COLLEGE 1986 High School Diploma, DENTON HIGH SCHOOL Exhibit 1 Karl 1 Licenses and Certificates ASE Certified Parts Specialist Group One Insurance Agent; Life, Home, and Auto Awards Received Numerous Sales Achievement Awards Sales Course Certificates Management Course Certificates Texas Governor's Leadership Camp, TANG 1985 Over 200 CEU hours from Texas Municipal League Leadership Experience Current: Council Member Place 5 of the City of Lake Dallas Chairman of the Lake Dallas Community Development Corporation Treasurer of the Lake Cities Library Board of Directors Member of Denton County Republican Men's Club Member of The Church of Corinth Member of the American Legion Previous: Mayor Pro -Tem of the City of Lake Dallas Member of the Lake Dallas Planning and Zoning Commission Member of the Lake Dallas Economic Development Corporation Vice— Chairman of the Lake Dallas Parks and Recreation Board Scout Leader with the Boy Scouts of America: Troop 424 and 1171 Founding Member of the Citizen Patrol of the City of Lake Dallas Exhibit 1 Charla Kay Marchuk, CFM 120 Mustang Trail, Shady Shores, TX 76208 Charla.Marchuk @Shady- Shores.com QUALIFICATIONS: • Over thirteen years of experience in organization and coordination • Certified Floodplain Manager since 2009 • Strong communication, presentation and time management skills • Proven success in providing customer service; able to resolve complaints of upset or difficult customers ® Over ten years experience in leadership roles, skillful coordinating and overseeing people in group focused projects • Trained to manage both the planning and implementation of both compliance and ethical strategies necessary for sustaining the urban environment • Experience and training utilizing GIS programs: ArcGIS and Mapinfo WORK EXPERIENCE: RSC NFIP Lead (2009- Present) URS Corporation RAMPP Team 723 S. I -35E, Suite 230 Denton, Texas 76205 *Receives inquiries, directly or via transfer from the FEMA regional office and FEMA Headquarters and directly respond to such inquiries or, as necessary, refer them to another appropriate location. *Responds timely and in an accurate manner to Congressional inquiries and FOIAs received from the Risk Analysis Division Region 6. *Researches history and prepares well written responses to inquiries and ensure that technical information is explained in an easy to understand manner. ®Coordinates information and responses with FEMA divisions, headquarters and other subject matter experts. *Ensures that sensitive information received from both Region 6 and Headquarters is protected from unauthorized disclosure. *Ensures that congressional staff members are treated fairly and that disseminated information is accurate and complete. ®Provides technical assistance and advisory solutions to problems related to the NFIP as received by telephone, correspondence, media, personal visits from individuals, groups, community leaders, Congressional requests, and various Federal and State Officials. *Performs as a liaison contact for communities regarding their appeal/protest status and assisted with procedural questions and questions directly related to the NFIP. *Utilizes various government databases (Mapping Information Platform, Community Information System, and Map Service Center) to perform initial review of federal appeals and protests. *Conducts outreach to NFIP stakeholders in support of the insurance and floodplain management objectives of the NFIP and provide support to the FEMA Regional Office, Technical Analyst II (2007 -2009) Michael Baker Corporation 101 South Locust, 3rd Floor Denton, Texas 76201 • Conducted, as assigned and needed, Community Coordination meetings with local government officials /public to explain the results of the Flood Insurance Rate Map and Flood Insurance Study Process. • Established good working relationships with the FEMA Regional and HQ Staff. • Supported pre- and post -flood activities for the FEMA Regional office • Assisted local floodplain coordinators on ordinance requirements and compliance issues relating to the NFIP. • Provided assistance to stakeholders in the use of NFIP modernized systems including providing support to local floodplain administrators. • Coordinated insurance- related inquiry processing. Exhibit 1 Charla Kay Marchuk, CFM 120 Mustang Trail, Shady Shores, TX 76208 Charla.Marchuk@Shady-Shores.com • Coordinated with and provided outreach support to FEMA Region 6 NFIP staff, including informative presentations. • Performed as a liaison contact for communities regarding their appeal/protest status and assisted with procedural questions and questions directly related to the NFIR • Performed as the Lead over the Appeals and Protests Section in the Post Preliminary Group — responsibilities include tracking data and coordinating tasks with other personnel as well as assisting FEMA personnel by contacting communities and individuals on their behalf • Coordinated between the Post Preliminary, GIS and Engineering Departments on several projects for the FEMA Map Modernization Program. Played an active role in data processing and organization between departments. Intern, Emergency Management Office (06/2007- 10/2007) City of Irving 825 W. Irving Blvd Irving, Texas 75060 • Assigned to update Annex C of the City of Irving's Emergency Operations Plan; Mass Shelter and Care; and verify NIMS compliance. • Represented local government at orientation and planning meeting for large, full -scale multi jurisdictional Tactical Interoperability Emergency Exercise at Texas Stadium. • Assisted in damage assessment of local jurisdiction properties during heavy rain events in 2007. • Prepared and presented community outreach presentations to special needs citizen groups about emergency preparedness. • Reevaluated local cooperative agreements with various non - profit and federal groups in accordance to the City of Irving's Emergency Operations Plans. Communications Dispatcher H (1999 -2007) City of Irving 825 W. Irving Blvd Irving, Texas 75060 • Daily answered and processed 911 /administrative telephone calls via 1.5 million dollar computer aided dispatch system; routed customer calls through a PBX environment for the city. • Routinely compiled daily information and offense reports in regards to stolen property, missing persons, protective order applications and property crimes throughout the city from citizens. • Daily conducted computer searches throughout local, state and national databases (NCIC and TCIC) for possible wanted persons and stolen property. • Daily contacted other agencies to confirm stolen/recovered property and persons by way of phone contact or teletype messages utilizing the National Law Enforcement Telecommunications System (NLETS). • Actively participated in back up PSAP (public safety answering point) exercise drills. • Designed weekly /daily lesson plans based on objectives from departmental guidelines and standard operating procedures. EDUCATION: • University of North Texas, Denton, Texas (2006 -2008) Bachelor's of Science: Emergency Administration and Planning Minor: Geography • Dallas County Community College (1998 -2006) • Associates Degree — Applied Science • High School Diploma, Mid -Del Christian High School, Del City, Ok Valedictorian VOLUNTEER/CIVIC GROUPS: 2 Exhibit 1 Charla Kay Marchuk, CFM 120 Mustang Trail, Shady Shores, TX 76208 Charla.Marchuk@Shady-Shores.com • Floodplain Administrator, Town of Shady Shores, Texas (2013) • Planning and Zoning Committee, Town of Shady Shores, Texas (Member 2009 -2013) (Chairman 2013- present) • University of North Texas Mortar Board Vice - President 2008 • Guest Speaker at the North Texas Municipal Jail Association: "Detention Facilities and Emergency Management" • Guest Speaker at the frving MS Support Group meeting: "Emergency Management and Special Populations" PERTINENT COLLEGE CLASSES: Federal Government and Disasters FEMA National Flood Insurance Program Introduction to Emergency Management Hazard Mitigation and Preparedness Introduction to Planning JOB RELATED G: Technology in Emergency Management ARC GIS Introduction Course Disaster Response and Recovery Disaster Preparedness and Management MapInfo GIS Software FEMA NIMS IS -100 Introduction to Incident Command System FEMA NIMS IS -700 NIMS Introduction FEMA NIMS IS -200 ICS for Single Resources and Initial Action Incidents Exhibit 1 Charla first became interested in emergency management after taking a beginner CPR and First Aid course in 1995 while pregnant with her first child. This interest led to her certifying as an Emergency Medical Technican Basic (EMT -B) and her first volunteer role working on an ambulance as a team member of the Jacksonville North Carolina Volunteer Rescue Squad. In 1999 Charla went to work as a Police Dispatcher and 911 Operator for the City of Irving. She participating in several PSAP exercises /upgrades and went on to become a Police Communications Training Officer in 2003. While working at the City of Irving — Charla participated in many high profile cases including the Christmas Eve Shooting by the of Irving Officer Aubrey Hawkins by the infamous "Texas Seven ". Charla also received years of training as a police dispatcher including a number of topics including how to handle suicidal callers and Amber Alert Training put on by the Texas Department of Public Safety. In 2007, Charla also worked at the City of Irving's Emergency Management Office as an intern while attending the University of North Texas. She was assigned to update Annex C of the City of Iming's Emergency Operations Plan; Mass Shelter and Care; and verify NIMS compliance. She represented local government at orientation and planning meeting for large, full -scale multi jurisdictional Tactical Interoperability Emergency Exercise at Texas Stadium and assisted in damage assessment of local jurisdiction properties during heavy rain events in 2007. In 2008, Charla graduated from the University of North Texas in 2008 with a degree in Emergency Administration and Planning with a minor in Geography. She went onto work as a contractor for the Federal Emergency Management Agency where she still works as part of the National Flood Insurance Program working specifically with the FEMA Region 6 Mitigation Division, In December of 2009, Charla moved to Shady Shores and expressed interest in joing the Planning and Zoning Committee. She was appointed to the committee in the spring of 2010 and was voted Chairman by her peers in 2013. Charla also volunteers her time to her town as the designated Floodplain Administrator and has been actively engaging the Town in FEMA's DFW Discovery Meetings regarding the Elm Fork Watershed by bringing attention to local drainage outside of the FEMA designated Special Flood Hazard Area (SFHA) including low water crossings and potential evacuation routes within the Town's limits. Charla is a member of the Texas Floodplain Manager's Assocation and has been a Certified Floodplain Administrator since 2007. She has also given presentations to several groups including the North Texas Municipal Jail Assocation and the Irving MS Support Group regarding emergency management issues. Exhibit 1 Resume Tom E. Newell Education • Master Peace Officer's certificate granted June 19, 2001 • Bachelor of Applied Arts & Science (BAAS), North Texas State University (NTSU) now University of North Texas (UNT) in Denton on May 15, 1979. Major: Criminal Justice, Minor: Radio Television Film Engineering • Basic Peace Officer's certificate, graduation from the Regional Police Academy (North Central Texas Council of Governments) in September 1978 • Graduate of Plano High School in May 1974 Employment • Quartermaster /Support Services Officer, UNT Police Department, Denton, July 2007 — February 2012 (part-time position, maximum of 19 hours per week). Retired/Resigned Police Officer commission also in February 2012. • Retired full -time employment on January 31, 2007 after 32 years of State Service via the Texas Teacher Retirement System (TRS) • Director of Telecommunications, UNT Health Science Center, Fort Worth, 1996 — 2007 • Assistant Director of Computing Services, Texas Women's University, Denton, February — August 1996 • Telecommunications Manager, UNT Denton, 1982 —1996. Worked directly with Denco 911 District to create UNT's 911 database and operating procedures. • Reserve Police Officer (unpaid) 1982 — 2012, with several local departments • Police Officer, Plano Police Department, Plano, 1981 • Police Officer, Communications Supervisor, Support Services Officer (full-time positions) and Head Dispatcher & Dispatcher (part-time student positions), UNT Police Department, Denton, 1975 —1980 Leadership Roles. Committees & Volunteering • Denton Community Food Center, volunteer and truck driver January 2007 to present. Became Member of Board of Directors in September 2007. Elected Chair of the Board of Directors effective January 2008. • American Red Cross, volunteer with local Disaster Assistance Team (DAT) and national Disaster Services Team, 2008 to present. As of 7/2010 deployed on two national DRO's. • Our Daily Bread (local Soup Kitchen), Board of Directors and volunteer, 2009 to present. • Denton County Amateur Radio Association (DCARA), HAM Radio Operator, Technician Class license awarded 9 -11 -2008. Call Sign: KE5WII • CERT (Community Emergency Response Team) Certified September 2007. • North Texas Exes (UNT Alumni Association), Life Time Member 2005 and volunteer /committee member for Denton Chapter events. • Middle Managers Committee, UNT Health Science Center, Fort Worth. Member 2000 — 2006. Chairman 2004 -2005. • Capital Campaign, UNT Health Science Center, Fort Worth. Team Captain and Steering Committee member 2004. • Employee Benefits & Action Committee, UNT Health Science Center, 2001— 2005. • Cowtown Marathon, Fort Worth, Course Monitor, 2000 — 2005. • Annual Holiday Food Drive, UNT Health Science Center, Fort Worth, 2000 — 2006. Exhibit 1 Applicant's name will be placed on the agenda for consideration, so forms must be submitted by the Friday prior to the next regularly scheduled council meeting in order to be considered for appointment Please sign and return this form to City Hall in a sealed envelope ATTN: Kim Pence City of Corinth, 3300 Corinth Parkway,Corinth, TX 76208 940 -498 -3200 Main Line 9401498 -7505 Fax Line Name (Please print): -5n f 1EX Q-K Phone (h): ?%' ' `# 99- 4 -102- Address: 1722 b f Phone (work oO cel : 91-10 (K)-Q-626 Address: E -Mail Address: Resident of Corinth since: 03/2-00S 2 (mm/yy) FAX(6)w): 940 - `N 7 " 6 0 �q Voter Registration ID#: 1061'-I M70 DOB: t I ZI ` (�-�� Occupation or area of expertise: (Attach copy of resume or expertise summary): rQ t'�t +1►rmc�.�ou f u6%t Previous public service and entity served: STah of Pfft C&Am' -r.j!� FM4 Qer'* Have you ever attended any public meeting of the City? N Previous Civic involvement; position held, if any: N c %?w-ctmv br boat On which of the following Boards, Commissions, or Committees do you have an interest in serving? If you have areas of multiple interests, please rate your preference for appointment consideration. All Committee appointments are at the discretion of the City Council. Board of Construction Appeals Corinth Economic Development Corporation Keep Corinth Beautiful Zoning Board of Adjustment Lake Cities Library Board of Directors Parks and Recreation Commission Planning and Zoning Commission Trails Committee Ethics Committee Please use this space as well as the back to reply to the following: 1. State the reason for your interest and explain the expertise you would be able to purpose of the group: r �r t Q.Lr? cc t _u nit' e 2. What is your vision for Corinth? _SsZ121,1T cx,C,V i,G C� Yy� ct l�mnzcc 3. Explain your approach to economic development in Connth: ,v 1A 4. What businesses would you like to see in Corinth, how would you attract them, and why? 0-4A 5. What are your views on Parks and Recreational facilities? A/ /A As a registered voter in the City of Corinth, I am interested in being considered for appointment to City Boards, Commlsslonsw Committees when a vacancy occurs. Signature of Applicant Date The information provided in this Application is true, correct and complete. If chosen for an appointment, any misstatements, omission of fact, or failure to comply with attendance requirements may result in termination of the appointment. REVISED June 2011 THANK YOU FOR YOUR INTEREST AND TIME Exhibit 1 Joseph G. Perez 4777 Memorial Drive Apt, 1262 The Colony, Texas 75056 918 -798 -6893 EtiucatiOn Northeastern State University Bachelors of Arts in Political Science Emphasis: Public Administration Tahlequah, OK Conferred: May 2009 Related Coursework: Public Personnel Administration, Public Finance and Budgeting, Administrative Theory and Behavior, Public Policy Analysis, Administrative Law, Organizational Communication. The University of Oklahoma Norman, OK Conferred: Summer 2011 Masters of Public Administration Emphasis: Public Finance and Budgeting Related Coursework: Intro to Administrative Data, Human Resource Administration, Bureaucracy and Politics, Leading Public Organizations, Program Evaluation, Urban Management, State Public Policy Issues, Agenda Setting, State and Local Public Finance, Public Finance and Budgeting, Public Finance, Grant Writing Experience City of The Colony The Colony, TX City Manager's Office April 2012- Present Management Analyst 0 Responsible for performing a variety of analytical, administrative and operational responsibilities in support of the City Managers Office as well as coordinating special programs as assigned. Community Image Department November 2010 -April 2012 Community Image Officer o Visually and physically inspect commercial properties within the city to ensure compliance with state and local codes and ordinances governing property maintenance. Volunteer Assistance Program Responsible for initiating and maintaining the Volunteer Assistance Program which is designed to aid citizens of The Colony who are unable to comply with city property maintenance codes because of financial, disability, or other hardship. Honors & Awards Exhibit 1 Joseph G. Perez 4777 Memorial Drive Apt, 1262 The Colony, Texas 75056 918 - 798 -6893 City of Claremore Claremore, OK Development Services Department June 2009 - November 2010 Assistant City Planner Interpretation and Administration of: Zoning Code ® Land Development Code ♦ Subdivision Regulations International Property Maintenance Code Commissions and Boards ® Provided written analysis and recommendations to the Planning Commission and Board of Adjustment on items regarding: Rezoning, Lots - splits, Variances and Special Exceptions. Multi - hazard Mitigation Plan 0 Coordinated with the State of Oklahoma Emergency Management office to update the City of Claremore's MHMP per Federal guidelines. Neighborhood Stabilization Program Grant Coordinated with various non - profit organizations and grant participants to administer the Federally funded NSP grant for the City of Claremore aimed at revitalizing neighborhoods plagued with blighted, dilapidated and foreclosed homes. The grant monies were utilized primarily for demolition, however, rehabilitation and acquisitions of properties was a primary focus of the grant as well. City Manager's Office June 2007- June 2009 City Management Intern ♦ Addressed citizens concerns and complaints in a timely manner ® Worked on special projects assigned by the City Manager and City Council City Managers Association of Oklahoma Scholarship 0 Phi Sigma Alpha National Political Science Honor Society ® ICMA Emerging Leaders Program Class of 2010 Exhibit 1 Joseph G. Perez 4777 Memorial Drive Apt. 1262 The Colony, Texas 75056 918 - 798 -6893 References Austin Hamilton Operator CF Industries 20804 Riverbend Drive Claremore, OK 74018 austin.l .hamilton Agmail com 918 -549 -8345 Dr. Amy Aldridge Sanford Assistant Professor of Communication Studies Northeastern State University 600 North Grand Avenue Tahlequah, OK 74464 ADRIGA @nsuok edu 918- 444 -3608 Senator Sean Bun-age District 2 Oklahoma State Senate State Capitol Building 2300 N. Lincoln Room 529 -B Oklahoma City, OK 73015 405 -521 -5555 Gene Edwards Commissioner Tulsa Metropolitan Planning Commission Williams Tower Il Two West 2 n Street, Suite 800 Tulsa, OK -74013 918 -584 -7526 Chris Pamplin Building Inspector City of Flowermound, TX 4136 Newton The Colony, TX 75056 cpanilin@thecolonytx.gov 469 -525 -7394 Exhibit 1 suecoppercanyon(&aol.com EDUCATION: University of Texas at Austin (B.A. History) Texas A &M University at Kingsville (M.A. History) Rice University (full scholarship for PhD history, lack dissertation for degree) NYU Law School (2 years), University of Houston Law School (LL.B.) MAYOR: Town of Copper Canyon for 8 years; re- elected unonn —g 5th term 2013 -2015 Aravle Volunteer Fire District Board (Served 8 years, 2005 to present) Denton County EmMen Services District #1 Our small town's dilemma was inability to adequately fund emergency services. The Founding Committee's task was to educate residents on the benefits of an ESD. The ESD would collectively provide fire and emergency medical services to the towns of Argyle, Bartonville, Copper Canyon, Corral City, Northlake, and FWSD #6 and #7 in Lantana. But a specific property tax would be needed to fund it. ESD #1 was created in 2006 by a 62% positive vote in a district -wide election. Neighborhood Watch and Crime Prevention Copper Canyon does not have a police department. Resident Block Captains were recruited for each street in town. The Town Council contracted to pay for two Sheriff's Deputies dedicated to Copper Canyon for 80 hours per week. On every shift the Deputy patrols each street in Copper Canyon at least once and sometimes twice. The result has been a virtually crime free community for the past six years. Drafting Committee: Best Practices for Municipalities and Gas Pipelines" (Adopted 2010 by most cities and pipeline corporations with gas pipeline - operations in Denton County.) This was a collaborative effort of Mayors, Denton County Commissioners and the Texas Pipeline Association. The goal was to expedite pipeline construction, but with a minimal impact on landowners, local businesses, and future development plans of each city. Initiated Annual Denton County Mayors Crime Luncheon (2012 -2013) The goal was to coordinate information on area crime between the Mayors, their Police Chiefs, the Denton County Sheriff's Office, the Commissioners Court, our Texas Legislature representatives, and our US Congressman. LEGAL: Solo Attorney 15 years (General Civil Practice - municipal, family law, oil & gas) Matagorda County Bar Association - President State Bar of Texas State - CLE Committee, District 5 Admissions Texas Bar Foundation - Life Member Denton Bar Association FAMILY LAW: Board Certified Family Law (for 10 years) Texas Supreme Court Committee on Child Support Guidelines Texas Supreme Court Committee on Child Visitation Guidelines Exhibit 1 MUNICIPAL: City Attorney of Bay City, Texas (for 6 years; population approx. 20,000) Municipal Prosecutor & Legal Advisor to Bay City Police Department Bay City Charter Commission (elected public office, elected Co- Chairman) Texas City Attorneys Association VOLUNTEER: CASA of Denton County (2003 -2005) (Volunteer as a Court appointed Special Advocate for abused children) HUG Romania — Volunteer in a Romanian orphanage for 3 weeks EISENHOWER "People to People" Ambassador — Texas guest of China's Dept. of Justice for one month with 50 USA women attorneys and judges. Exhibit 1 1631 Sequoia Drive Krum, Texas 76249 e 940.206.8013 • bertwitherspoon @gmaii.com Objective Seeking a responsible and challenging position in a growth oriented, progressive hospital environment where my experience and strong communication and leadership skills will significantly contribute to the overall success of the organization and provide opportunities for my successful career growth. Experience April 2011- Present Sacred Cross EMS, Inc. Operations /Sales Manager Denton, Texas ■ Oversee day -to -day operations, business development, logistics, and planning • Lessened pressure on ownership by providing an Improved organizational structure and pursuing effective leadership and management styles, with proven results • Surpassed previous call volume, including a new record in January 2013, and secured contracts previously thought of as unattainable ■ Mitigate escalated issues to a point of resolution from facilities, clients, and employees Nov. 2001 — Present Denton Fire/Rescue Denton, Texas Firefighter/ Paramedic / FTO ■ Function as a member of a crew, as well as an individual provider of EMS and Fire Suppression duties • Precept new Paramedics, Instruct classes, actively participate in Quality Control/Improvement process ■ Respond to 911 emergency requests for service with multiple certifications and extensive training Jan. 2006 — April 2010 1 DO WINDOWS, Inc. Krum, Texas Owner /President /CEO • Created and built this company from the ground -up as a fledgling small personal business ■ Provided direction for sales, growth, operations, and management of entire organization ■ Ensured completion of residential and commercial account professional cleaning service Sept. 2002 — Dec. 2007 North Central Texas College Corinth, Texas Adjunct Professor of EMS (Allied Health Dept.) ■ Instructed students in EMS, including new EMT, Paramedic, and Nursing students ■ Assisted in precepting local and national examinations for didactic and skills knowledge ■ Improved overall passing rates and promoted growth within the department Education Aug. 2002 — Dec. 2005 Associate of Applied Science ■ Paramedicine Currently Enrolled North Central Texas College Texas Woman's University Bachelors of Applied Science • Healthcare Studies (anticipated date of completion December 2015) References References are available upon request. Corinth, Texas Denton, Texas Exhibit 1 Professional Organizations • Krum City Council Councilmember Place 3 since May 2010 • Denton Fire Fighters Association (member since 2001, previous station steward) • Denton Professional Firefighters Committee For Responsible Government (member since 2003, previous Vice President) • North Texas State Fair and Rodeo Committee Member (since 2008) • Member Texas State Fire Fighters Association • Member International Fire Fighters Association • Former Member First Baptist Church of Denton Youth Leader Bert Witherspoon - Resume Exhibit 2 SALegal \Our Documents \Resolutions \13 \911 vote for member.doc RESOLUTION NO. A RESOLUTION NOMINATING ONE MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9 -1 -1 DISTRICT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 772, of the Health and Safety Code, provides that two voting members of the Board of Managers of an Emergency Communication District shall be appointed jointly by participating municipalities located in whole or in part in the District; and WHEREAS, the City of Denton, Texas wishes to vote for a member to said Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City of Denton, Texas hereby votes for Sue Tejml as a member to the Board of Managers for the Denco 9 -1 -1 Emergency Communication District. SECTION 2. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2013. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY ai APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY n BY: AGENDA DATE: DEPARTMENT ACM: SUBJECT AGENDA INFORMATION SHEET August 20, 2013 Materials Management Bryan Langley � -A Corr se i3O geu..A Questions concerning this acquisition may be directed to Terry Kader at 349 -8243 Consider adoption of an ordinance awarding a contract under the Texas Multiple Award Schedule ( TXMAS) program for the purchase of a Volvo L70G Wheel Loader for the City of Denton Water Distribution Department as awarded by the State of Texas (Contract TXMAS -13- 23V010); providing for the expenditure of funds therefor; and providing an effective date (File 5327 -Wheel Loader for Water Distribution Department awarded to Romco Equipment Company in the amount of $143,580). The Public Utilities Board recommends approval (5 -0). FILE INFORMATION The Volvo L70G Wheel Loader will be a smaller replacement for a 2000 Case Wheel Loader that meets City of Denton fleet replacement criteria. Lifetime to date maintenance costs have reached $87,058 for the Case Wheel Loader and it currently requires expenditures totaling more than $31,000 to return it to productive operating condition. This equipment purchase is funded in the Fiscal Year 2012 -2013 Annual Operating Budget. The current loader will be auctioned "as is" upon receipt of the new unit. The Fleet Department is in the process of standardizing vehicles and equipment replacements whenever possible and economically feasible. The City has purchased Volvo Wheel Loaders since 2003; therefore quotes for a replacement wheel loader were obtained from the Dallas/ Fort Worth area Volvo Dealership. Two quotes were obtained to show TXMAS Contract Pricing versus non contract pricing (Exhibit 1). There are no local vendors that can provide this equipment. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On August 12, 2013, the Public Utilities Board (PUB) recommended approval to forward this item to the City Council for consideration. RECOMMENDATION Award the purchase of a Volvo L70G Wheel Loader to Romco Equipment Company in the amount of $143,580. Agenda Information Sheet August 20, 2013 Page 2 PRINCIPAL PLACE OF BUSINESS Romco Equipment Company Fort Worth, TX ESTIMATED SCHEDULE OF PROJECT Delivery of the loader is estimated to be within 60 days of issuance of the purchase order. FISCAL INFORMATION This item will be funded from Fiscal Year 2012 -13 Equipment Replacement funds. Exhibit 2 shows the equipment description, purchase amount, funding account and requisition number that has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Loader Comparison and Price Quote Exhibit 2: Equipment Information with Requisition Number Exhibit 3: Public Utilities Board Draft Minutes Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance I- .CIS -M5d 27 � � x w 2 O � � « CL 2 O U W F- 0 � � � � ■ 0 -j � @ � rl- q q q � W -j LL 2 ° 20 �2u 2 c 9 d £ E CL 0 E / � I '- \ 0 L .$ + / E.Ln 7 o c\§ © -J LU m m ƒ 4 o= / \ \ ) 2 \ 4 o (% p¥ \ e2 /\gajo \ / / \ / 00 / 7 2:1 :0> \\ o e o 0 0= o= >22 >N0LU / L $ / L $ / L $ o o \ LO � cu _ 2 C4 E o /_ / 0 04 CU _ E § E : o R m a - \\ 0 k ° 7 - $ E/t 6 ± k m m o n o Q c / / c / / Q k \ k k k W Q d § CD £ _ ? + E ? ? ? 2 / E \ k .L } 0 0 � \ © -J UJ m m / ° m m- cn $ ƒ § ® $ 2 £ k / X % E @ LU _ _ -$ .@ .e = * � (D E CL o k k *E S E/\ k § / » /o %J© e 7 ��� o� \� \ /�� // C/� k� ! I o 2 Lo .@ b a E o t & 7 0 e o 0 6= o= >0M >ao ± o n o ± >7 / U w @ k / 2 E > S 0 $ LU k $ � 2 ® ± _ e / L w CL / k o C U- 2 u - f 2 / 2 § LU U) e 0 o k £ 0 2 = 2 p c o U F \ ± / / / 3 / / C / > 0 U) \ z � 0 0 / 5 x z _ _ % 9 \ } 5 \ � z » j \ \ OM1 QUl1PME1lT 9 1350 NE Loop 820 Terry Kader CITY OF DENTON Accts Payable Denton TX 76201 Exhibit 1 / Fort Worth TX 76106 / 817- 626 -2288 Quote No. Version: Date: ROMCO Equipment Co. is pleased to present the following equipment for your consideration: NEW VOLVO L70G WHEEL LOADER* -Volvo D6H Tier IV Diesel Engine @ 169 Hp Boom Suspension System 100% Front Differential Lock Volvo Automatic Power Shifting Transmission 20.5 -R25 L3 Tires Hydraulic Attachment Bracket Quick Coupler 100" (3.0 cy) Hook on Bucket w/ bolt on cutting edge Hydraulic Wet Disc Brakes Contronic & Caretrack Monitoring System Rear View Camera (color) Back up Alarm Enclosed Cab w/ Air Conditioner All Standard Equipment SALE PRICE TXMAS Contract TXMAS- 13- 23VO10 / Fax: 817- 626 -8983 ES02002441 1 07/15/2013 $143,580.00 Price does not include any taxes. The above price is valid for 30 days unless specifically extended by ROMCO Equipment Co. Notice is hereby given that ROMCO Equipment Co. LLC has assigned its rights under this sales contract to ROMCO Exchange Co. LLC to sell the equipment described herein and, if applicable, to purchase trade -in property described herein. Quoted By: Matthew Chapman ROMCO Equipment Co. Sales EQUIPMENT FOR THE CONSTRUCTION, MINING AND AGGREGATE INDUSTRIES ROM(0) Er�v�lP��wr cc~,. 1350 NE Loop 820 Terry Kader CITY OF DENTON Accts Payable Denton TX 76201 Exhibit 1 / Fort Worth TX 76106 / 817 - 626 -2288 Quote No. Version: Date: ROMCO Equipment Co. is pleased to present the following equipment for your consideration: NEW VOLVO L70G WHEEL LOADER* -Volvo D6H Tier IV Diesel Engine @ 169 Hp Boom Suspension System 100% Front Differential Lock Volvo Automatic Power Shifting Transmission 20.5 -R25 L3 Tires Hydraulic Attachment Bracket Quick Coupler 100" (3.0 cy) Hook on Bucket w/ bolt on cutting edge Hydraulic Wet Disc Brakes Contronic & Caretrack Monitoring System Rear View Camera (color) Back up Alarm Enclosed Cab w/ Air Conditioner All Standard Equipment SALE PRICE (Non Contract Pricing) / Fax: 817 - 626 -8983 ES02002441 1 07/15/2013 $166,500.00 Price does not include any taxes. The above price is valid for 30 days unless specifically extended by ROMCO Equipment Co. Notice is hereby given that ROMCO Equipment Co. LLC has assigned its rights under this sales contract to ROMCO Exchange Co. LLC to sell the equipment described herein and, if applicable, to purchase trade -in property described herein. Quoted By: Matthew Chapman ROMCO Equipment Co. Sales EQUIPMENT FOR THE CONSTRUCTION, MINING AND AGGREGATE INDUSTRIES N ti N M W J LL N Q F- 0 ww w 0 0 w O' O �n O O_ O M O U � � O M A � 0 0 0 0 o oc O M M M z z o a a w �10 o a � a a H 0 A o � w � Q w � x Q 0 0 A a c? N o O � � r" � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Exhibit 3 DRAFT MINUTES PUBLIC UTILITIES BOARD August 12, 2013 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on Monday, August 12, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901A Texas Street, Denton, Texas. Present: Chairman Dick Smith, Vice Chair Billy Cheek, Secretary Randy Robinson, Leonard Herring, and Barbara Russell Absent: Phil Gallivan and Lilia Bynum Ex Officio Members: George Campbell, City Manager and Howard Martin, ACM Utilities OPEN MEETING: CONSENT: 1) Consider a recommendation of an ordinance to execute a contract through the Texas Multiple Awards Schedule (TXMAS) Program under Section 271.102 of the Local Government Code for the purchase of one Wheel Loader for the City of Denton Water Distribution Department; providing for the expenditure of funds therefor; and providing an effective date (File 5327 - awarded to Romco Equipment Company in the amount of $143,580.00). Agenda item I was motioned to approve by Board Member Russell with a second by Board Member Cheek, vote 5 -0 approved. Adjournment 12:16 p.m. ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT UNDER THE TEXAS MULTIPLE AWARD SCHEDULE ( TXMAS) PROGRAM FOR THE PURCHASE OF A VOLVO L70G WHEEL LOADER FOR THE CITY OF DENTON WATER DISTRIBUTION DEPARTMENT AS AWARDED BY THE STATE OF TEXAS (CONTRACT TXMAS- 13- 23V010); PROVIDINGFOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 5327 -WHEEL LOADER FOR WATER DISTRIBUTION DEPARTMENT AWARDED TO ROMCO EQUIPMENT COMPANY IN THE AMOUNT OF $143,580). WHEREAS, pursuant to Resolution 92 -019, the Texas Procurement and Support Services Division has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the Texas Procurement and Support Services Division at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of fiinds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The materials, equipment, supplies, or services, shown in the File Number listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMBER VENDOR AMOUNT 5327 Romco Equipment Company $143,580 SECTION 2. By the acceptance and approval of the above numbered items set forth in File 5327, the City accepts the offer of the persons submitting the bids to the Texas Procurement and Support Services Division for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Texas Procurement and Support Services Division, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in File 5327 wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Texas Procurement and Support Services Division, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Texas Procurement and Support Services Division, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 5327 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2013. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY IC • APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 5 -ORD -File 5327 AGENDA DATE: DEPARTMENT: ACM: SUBJECT AGENDA INFORMATION SHEET August 20, 2013 Materials Management Bryan Langley .4L. Questions concerning this acquisition may be directed to Frank Payne at 349 -8946 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement for design and engineering services with Graham Associates, Inc. relating to the widening of Vintage Boulevard from Bonnie Brae Road East to U.S. Highway 377 in an amount not -to- exceed $557,402; providing for the expenditure of funds therefor; and providing an effective date (File 5328- awarded to Graham Associates, Inc.). BACKGROUND Transportation Improvement Program (TIP) Modification The City of Denton applied for Regional Toll Revenue (RTR) funding from State Highway 121 tolling proceeds for several major transportation projects in August 2007. In August 2008, the Bonnie Brae project was selected for funding with RTR funds. The approved project extents for the improvements to Bonnie Brae Road spanned from U.S. Highway 377 on the south end to IH35E on the north end. The State approved the City's contract for Bonnie Brae in September 2009, paving the way for execution of an Advanced Funding Agreement (AFA) between the Texas Department of Transportation (TxDOT) and the City for the receipt and use of funds for the development and constriction of the project. After approval of the AFA at City Council in February 2010, the agreement was sent on to the State for execution. A fully executed AFA was received by the City in March 2010. Shortly thereafter, staff proceeded with the solicitation of qualifications from various consulting firms and evaluated submittals for the design of the project. The City Council approved a contract with Graham Associates, Inc. for the design of the Bonnie Brae Road Widening and Improvements project on October 19, 2010. The total estimated costs included in the AFA for the Bonnie Brae project was $57,689,189.00, with 80% of this amount ($46,151,351.00) coming from RTR funding and 20% ($11,537,838.00) from local match. Denton County Precinct No. 4 has agreed to provide $2,000,000.00 of the local match, with the remaining $9,537,838.00 being provided by the City of Denton. The original funding breakdown per source by fiscal year was as follows: Agenda Information Sheet August 20, 2013 Page 2 BACKGROUND (CONTINUED) FUNDING AMOUNTS PER SOURCE BY FISCAL The consultant and City have been moving forward with design activities, including property acquisitions, hydraulic modeling, environmental permitting, and detailed design through to 60% completion between Vintage Boulevard and IH35E. On July 17, 2012, staff presented a recommendation to City Council to modify the original scope and funding allocations on the project to include the removal of improvements to Bonnie Brae Road south of Vintage Boulevard to U.S. Highway 377 and to reallocate funding remaining in the Bonnie Brae Road project to offset City funding for the widening of Vintage Boulevard, for the widening of Bonnie Brae Road from just north of Scripture to U.S. Highway 380 and for the acquisition of Right of Way (ROW) for the future widening of Bonnie Brae Road from IH35E to just north of Scripture. Approval of the Regional Transportation Commission (RTC) and TxDOT was sought; however, the scope of the funding reallocation was modified somewhat as a result of discussions with the North Central Texas Council of Governments ( NCTCOG) staff ( NCTCOG is the organization through which the TIP modification application had to be submitted). NCTCOG would not allow the inclusion of Vintage Boulevard from IH35W to Bonnie Brae, but would allow the inclusion of Vintage from Bonnie Brae to U.S. Highway 377 as a substitute for the section of Bonnie Brae south of Vintage Boulevard that was removed from the original project scope. The TIP modification that was carried forward for approval was therefore as follows: MODIFIED FUNDING AMOUNTS PER SOURCE BY FISCAL YEAR (FINIAL) STATE CITY I ENCOPCT. 4 ANNUALTOTAL FY2010 5,159,507. $1,06'6,286.05 $223,590.73 $6,449,383.78 FY2011 $2,058,951.00 $425,511,73 $89,226'.03 $2,573,688.76 FY2012 $38,932,893.00 $8,046,0411.22 $1,687,183.24 $48,666,116.46 TOTALS 1 $46,151,351.00 $9,537,838.00 $2,1100,000.00 $57,689,189.00 The consultant and City have been moving forward with design activities, including property acquisitions, hydraulic modeling, environmental permitting, and detailed design through to 60% completion between Vintage Boulevard and IH35E. On July 17, 2012, staff presented a recommendation to City Council to modify the original scope and funding allocations on the project to include the removal of improvements to Bonnie Brae Road south of Vintage Boulevard to U.S. Highway 377 and to reallocate funding remaining in the Bonnie Brae Road project to offset City funding for the widening of Vintage Boulevard, for the widening of Bonnie Brae Road from just north of Scripture to U.S. Highway 380 and for the acquisition of Right of Way (ROW) for the future widening of Bonnie Brae Road from IH35E to just north of Scripture. Approval of the Regional Transportation Commission (RTC) and TxDOT was sought; however, the scope of the funding reallocation was modified somewhat as a result of discussions with the North Central Texas Council of Governments ( NCTCOG) staff ( NCTCOG is the organization through which the TIP modification application had to be submitted). NCTCOG would not allow the inclusion of Vintage Boulevard from IH35W to Bonnie Brae, but would allow the inclusion of Vintage from Bonnie Brae to U.S. Highway 377 as a substitute for the section of Bonnie Brae south of Vintage Boulevard that was removed from the original project scope. The TIP modification that was carried forward for approval was therefore as follows: MODIFIED FUNDING AMOUNTS PER SOURCE BY FISCAL YEAR (FINIAL) STATE CITY IDEINCOO PCT. 4 ANNUAL TOTAL FY20101 $6,,155,823.20 $1,315,365.07 $223,590.73 7,694,779.00 FY2011 $14,080,000.00 $3,430,773.,9,7 89,226.03 $17,6,00,000.00 FY2012 .$25,915,527.80 $9,69,6,004.,71 $1,687,183.24 $37,298,715.75 TOTALS .$46,151,351.00 $14,442,143.75 $2,000,000.00 562,593,494,75 Agenda Information Sheet August 20, 2013 Page 3 BACKGROUND (CONTINUED) The TIP modifications included no change to the amount of RTR funding dedicated to the project; however, the modified scope and a reallocation of the RTR funding approved over the project timeline to more accurately reflect expenditures was approved. In other words, ROW costs and professional services expenditures were shown to be more than originally thought, caused in part by the change in scope to include ROW acquisition north of IH35E, while constriction costs are expected to be less than originally thought. The City's financial obligations under the revised scope are increased over the life of the project by $4,904,305.75. It was originally proposed to City Council on July 17, 2012, that approximately $3.0 million dollars of this additional expenditure could be offset by funds remaining from the last street maintenance bond fund. The Streets Department utilized approximately one third of this funding to conduct repairs to existing Bonnie Brae Road, leaving a total of $2,039,510.00 for use on the Bonnie Brae project. The remaining $2,864,795.75 in shortfall is anticipated to be offset by utilization of interest income from the RTR funding (projected to be in excess of $600,000 on this project alone by the time that constriction begins on the initial phase late next summer), project savings from reduced engineering scope on the southern section of Bonnie Brae south of Vintage Boulevard (currently at approximately $1.0 million dollars), and possibly transfers from remaining funding from existing bond projects. NCTCOG advised the City on March 29, 2013 that the TIP modification had been approved. Vintage Boulevard from Bonnie Brae Road East to U.S. Highway 377 The City sought a separate proposal from Graham Associates, Inc. for the design of this section of Vintage Boulevard. The proposed engineering fee of $557,402.00 for the professional services on this project is representative of a sole source contract for all of the engineering and other professional services anticipated. For example, the fee includes amounts for a detailed preliminary investigation and schematic preparation, subsurface utility engineering (SUE), hydraulic analyses and permitting, environmental analyses and permitting, survey, geotechnical investigation and site specific pavement design, detailed design phase, bid phase assistance and full time constriction services representation and support including materials testing. Various components calculated in support of this fee included $295,320.00 for basic services (TxDOT and Union Pacific Railroad (UPRR) coordination, constriction plans for Vintage Boulevard and the Bonnie Brae and TxDOT intersection tie -ins, railroad crossing, traffic control, utility coordination, bidding assistance and constriction administration), $257,082.00 for additional services (surveying, hydraulic analyses and permitting, environmental permitting assistance, geotechnical analysis for design and geotechnical /materials testing for constriction phase, ROW acquisition services, traffic signal design and traffic engineering), and $5,000.00 for reimbursable expenses. Agenda Information Sheet August 20, 2013 Page 4 BACKGROUND (CONTINUED) The consultant projects a preliminary opinion of probable constriction cost for the project at approximately $5.4 million dollars. Basic services represent approximately 5.51% of the projected constriction cost. It should be noted that constriction administration costs are not typically included as a component of basic services; however, this amount still does not result in the percentage being abnormally high. The total contract amount represents approximately 10.41% of the projected constriction cost. Staff referenced two sources for comparison of fees based on a percentage of constriction: The American Society of Civil Engineers (ASCE) Manual No. 45 and Consulting Engineers Council of Texas (CEC -T) curves of median compensation. From ASCE Manual No. 45, the design fee is projected at approximately 7% of the preliminary opinion of probable constriction cost and total fee is project at approximately 13% of the preliminary opinion of probable constriction cost. From CEC -T curve of median compensation "A ", the design fee is projected at approximately 6.4% of the preliminary opinion of probable constriction cost (although this curve is referenced and utilized for comparison purposes, it dates back to 1982 and is generally considered to be out of date). Staff also looked at the hourly breakdown for each task to evaluate the effort and costs per line item and at the possible number of plan sheets for the project in order to further evaluate the effort involved. Costs and scope descriptions with the consultant went through several iterations back and forth between the consultant and staff. Staff solicited request for qualifications (RFQs) in 2010 for design services for Bonnie Brae widening. From the RFQ, Graham Associates was awarded a contract for Professional Services October 19, 2010 based upon their qualifications. Graham Associates experience with the Bonnie Brae project and demonstrated competencies make them the most qualified professional for these additional services. Professional Services are exempt from competitive bidding, per the Local Government Code 252.022, and may be awarded to the most qualified firm. OPTIONS 1. Approve the Professional Services Agreement. 2. Reject the Professional Services Agreement. RECOMMENDATION Staff recommends approval of the Professional Services Agreement between the City of Denton and Graham Associates, Inc. in the amount of $557,402.00 for engineering services for the widening of Vintage Boulevard from Bonnie Brae Road East to U.S. Highway 377. The various analyses and negotiations conducted to evaluate the fee demonstrated that the amount of the contract is consistent with the level of effort required for a project of this nature. Agenda Information Sheet August 20, 2013 Page 5 PRIOR ACTION/REVIEW (Council, Boards, Commissions) 1. City Council Meeting — July 17, 2012. FISCAL INFORMATION Funding for the first two phases the Bonnie Brae project was approved along with the original AFA on February 2, 2010. The City's share of the local match has been partially allocated to the project (constriction local match from the City will need to be funded). Funds from the State for all three phases of the project (Engineering, ROW Acquisition /Utilities and Constriction) have already been received and deposited. The recommended contract with Graham Associates, Inc. will be funded from existing City and RTR funds already allocated to the project. EXHIBITS Exhibit 1: Ordinance /Professional Services Agreement Respectfully submitted, Frank G. Payne, P.E. City Engineer Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance 1 -AIS -File 5328 ORDINANCE NO. 2013- AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR DESIGN AND ENGINEERING SERVICES WITH GRAHAM ASSOCIATES, INC. RELATING TO THE WIDENING OF VINTAGE BOULEVARD FROM BONNIE BRAE ROAD EAST TO U.S. HIGHWAY 377 IN AN AMOUNT NOT -TO- EXCEED $557,402; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 5328- AWARDED TO GRAHAM ASSOCIATES, INC.). WHEREAS, the professional services provider (the "Provider) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, the fees under the proposed Agreement are fair and reasonable, and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession, and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee is hereby authorized to enter into a Professional Services Agreement with Graham Associates, Inc., Arlington, Texas to provide professional engineering services in the amount of $557,402, relating to the widening of Vintage Boulevard from Bonnie Brae Road East to U.S. Highway 377; a copy of which Agreement is attached hereto and incorporated by reference herein. SECTION 2. The City Manager, or his designee is authorized to expend funds as required by the attached Agreement. SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton, Texas under File 5328 to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1 2013. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY .0 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY m. 2-(-)Rl)-File 5328 PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER THIS AGREEMENT is made and entered into as of the day of ' 2013, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinley Street, Denton, Denton County, Texas 76201, hereinafter called "Owner" and Graham Associates, Inc., with its corporate office at 600 Six Flags Drive, Suite 500, Arlington, Texas 760.11 hereinafter called "Design Professional," acting herein, by and through their duly authorized representatives. In consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: SECTION 1 EMPLOYM ENT OF DESIGN PROFESSIONAL The Owner hereby contracts with the Design Professional, a licensed Texas architect or engineer, as an independent contractor. The Design Professional hereby agrees to perform the services as described herein and in the Proposal, the General Conditions, and other attachments, to this Agreement that are referenced in Section 3, in connection with the Project. The Project shall include, without limitation, but shall not be limited to the following major components (for a more precise or comprehensive description of the Scope refer to Exhibit 2, Attachment E): A. Concep�_Design Plans Task 1: Vintage Blvd — US 377 to Bonnie Brae - Conceptual plans (30% Plans) for this section of the project shall be prepared to such detail as is necessary to resolve all conceptual issues. Conceptual plans must be approved by Owner prior to Design Professional commencing with the preparation of preliminary design construction plans. 1. Horizontal alignment of proposed paving, medians, etc. 2. Vertical alignment of proposed roadway. 3. Direction of traffic flow on all roadways. 4. An opinion of probable construction costs. 5. The approximate location of all existing and proposed driveways within limits of the project. 6. The location of all trees with a diameter of six inches (6 ") or greater. 7. A preliminary drainage study, including drainage areas, location and size of existing drainage facilities, the approximate size and alignment of proposed drainage facilities, and approximate discharges. 8. Approximate dimensions of existing and proposed right -of= -way and easements. Task 2: Union Pacific Railroad (U.P.R.R.) 1. Horizontal alignment of proposed roadway and track work. 2. Vertical profiles of proposed roadway and track work. 3. Typical sections. 4. Sequence of work. S. Summary of work to be completed by Contractor. 6. Summary of work to be completed by the Railroad. 7. Submitting plans to U.P.R.R_ for approvals. 8. Pedestrian crossing for the U.P.R.R. B. Preliminary Design Construction Plans Task 1: Vintage Blvd from US 377 to Bonnie Brae — Prepare 30% Plans, Specifications, and Estimate (P.S. &E) documents for TxDOT. 1. Preliminary plans title sheet with index of sheets. 2. Project layout. 3. Existing/proposed typical sections. 4. Preliminary plans summary sheets. 5. Alignment sheets. 6. Plan/profile sheets for all alignments (horizontal and vertical alignments final upon approval of 30% plans level). 7. Preliminary plans intersection layouts. S. Drainage area maps. 9. Hydraulic computations. 10. Preliminary plans culvert layouts. 11. Preliminary plans storm sewer layouts. 12. Preliminary plans water and sanitary sewer layouts only. 13. Pavement design report. Task 2: Union Pacific Railroad 1. Meetings at Dallas/ Fort Worth Division office. 2. Preliminary engineering required to satisfy U.P.R.R. 3. Preliminary work on utility relocations. C. Prelirninary Righf -of Way Documents, 60% Plans for ,Vintne - Blvd. from U5 377 to Bonnie Brae Preliminary Construction Plans Union Pacific Railroad. Task 1: - Right- of-Way Determination for the project streets - In conformance with City and State standards, Design Professional shall survey, render field notes, and prepare detailed plans (right -of -way strip maps) and individual parcel exhibits for any additional right -of -way and/or easements, including temporary construction easements, needed. Design. Professional shall also set control points, 2 which shall be based on NAD -83, on both sides of the road. The required 'items are necessary for the acquisition of right-of-way required to construct Project. This information shall be required prior to acceptance of final construction plazas. Task 2: Vintage Blvd - US 377 to Bonnie Brae (60% Plans) - At such time as Design Professional is directed by Owner, Design Professional shall prepare the following: 1. Title sheet with index of sheets. 2. Project layout. 3. Existing /proposed typical sections. 4. Plans summary sheets. 5. Plans traffic control plan. 6. Alignment sheets. 7. Plan/profile sheets for all alignments. 8. intersection layouts. 9. Miscellaneous roadway details. 10. Drainage design. 11. Drainage area maps. 12. Hydraulic computations. 13. Water and sewer plan 14. Culvert layouts. 15. Storm sewer layouts, 16. Utility exhibits. 17. Traffic signal layouts. 18. Illumination layouts. 19. Signing layouts. 20. Pavement marking layouts and delineation. 21. Erosion Control layouts. 22. Cross - sections. The preliminary .plans will include water, sewer, and drainage improvements design, and preliminary work on utility relocations. Task 3: Union Pacific Railroad 1. Meetings at Dallas/Fort Worth Division office. D. Final Construction Plans Task 1: Final Design Construction Plans (90% Plans) — Vintage Blvd. - US 377 to Bonnie Brae 1. Construction plans_ 2. Bid proposal. 3. Special specifications as required. Task 2: Union Pacific Railroad 1. Coordination with Main Office, and Dallas/ Fort Worth District. 2. Prepare preliminary agreements between U.P.R.R. and City. 3. Subsurface Utility Engineering Plans in the area to determine location of existing utilities to aid in the design of improvements crossing the railroad including drainage. Task 4: Right- of-Way Prepare final right -of -way plans and documents for all streets on the project. E. 100 %Construction Plans, Right -of=Way, and Specifications Task 1: 100% Vintage Blvd. - US 377 to Bonnie Brae I . Revise plans per Owner's review comments. 2. Revise specifications/bid documents per Owner's review comments. 3. Revise Tight-of-way documents per Owner's review comments. Task 2: Union. Pacific Railroad 1. Any changes to plans requested by Owner per U.P.R.R. 2. Finalize contracts between Railroads and the City of Denton for bidding of proj ect. F. Miscellaneous Requirements -- 1. Design Professional shall furnish, upon request by Owner, one (1) set of film reproducibles of the "Final" approved and dated plans. Design Professional shall submit an electronic copy of the drawings in a format acceptable to the Owner. 2. The Design Professional shall also prepare Record Drawings utilizing the -construction plans based upon redline markups reflecting any field changes. The Contractor shall prepare and supply the redline markups to the Design Professional after construction is complete. Design Professional shall submit one (1) set of film reproducibles and an electronic copy of the Record Drawings in a format acceptable to the Owner. 0 SECTION 2 COMPENSATION Total compensation for the Design Professional contemplated under the terms of this agreement shall be $557,402.00 for all services including reimbursable expenses. The Owner shall compensate the Design Professional as follows: 2.1 BASIC SERVICES 2.1.1 For Basic Services the total compensation shall be $295,320.00. 2.1.2 Progress payments for Basic Services shall be paid monthly based on the actual work satisfactorily completed per month in each phase as a percentage of the overall compensation for that phase, with the following percentages of the total compensation for the Basic Services for each phase of the Project: Schematic Design Phase 20% Design and Development Phase 30% Construction Documents Phase 30% Bidding Phase S% Construction Phase 12% 100% 2.2 ADDITIONAL SERVICES 2.2.1 For Additional Services the total compensation shall be $257,082.00. Compensation for Additional Services shall be ]used on actual services authorized and performed with lump sum or maximum not to exceed subtotals depending on the service provided all as shown in Exhibit 2, Attachment A. The schedule for the hourly rates is attached as Exhibit 4. 2.2.2 Compensation for Additional Services of consultants, including additional structural, mechanical and electrical engineering services, geotechnical services, right -of -way services, etc. shall be based an a multiple of 1.1 times the amounts billed to the Design Professional for such additional services. 2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of 1.05 times the expenses incurred. by the Design Professional, the Design. Professional's employees and consultants in the interest of the Project as defined in the General Conditions but not to exceed a total of $5,000.00 without the prior written approval of the Owner. This amount does not include appraisals, escrow fees, abstract fees, title fees, FEMA review fees. 5 SECTION 3 ENTIRE AGREEMENT This Agreement includes this executed agreement and the following documents all of which are attached.hereto and made a part hereof by reference as if fully set forth herein: Exhibit 1. City of Denton General Conditions to Agreement for Architectural or Engineering Services. Exhibit 2. The Design Professional's Proposal Attachments A through E: Attachment A — Summary of Engineering Fees Attachment B -- Projected Plan Sheets Attachment C — Organizational Chart Attachment D — Estimate of Construction Costs Attachment E — Scope of Services and Deliverables Exhibit 3. Project Schedule Exhibit 4. Schedule of Rates This Agreement is signed by the parties hereto effective as of the date. first above written. CITY OF DENTON, TEXAS A Municipal Corporation ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL F RM: AMT E S, CIAT RNEY BY: M t ATTE BY: 0 GEORGE C. CAMPBELL CITY MANAGER GRAHAM ASSOCIATES, INC. A Corporati n BY: ' JE ' IL S, P.L PRESIDENT Exhibit I MY OPDENTON GEKERAL CONDITIONS TO AGREEMENT FOR ARC=CTi3RAL alt ENGINEERING SM ICES ARTICLE I. AItCI.1STECT ORENGIIEt'S RMONSN IES 1v1 The Architect or Engntds sew]= eensistofthose services for the Project (as defined in the agreement (the "Agreement l and propose! (the `Proposal") to which these General Conditions are attached)ptrformed by the Architect orEr.§neer (hveinafhr called die "Dnig)rProkssimap y of Desip professlaaffs employees and consuitaats as enumerated in Arliclas 2 and 3 of these Gaz:n ral Conditions as modified by the Agreement and Propmal (tbn "Services"]_ 12 Tha Des € gePrafessional- Alpreormallservicesasan independent ooniractortoslra prevailing professiona lstandardsconsisieai -with *4feralofcase and EkDlosdinarlly exercised by members ofthe ssmeprofession currently Practicing in the saw Ioealityunder similar conditions, including rcasonahIe irArmed jadpwnts and prompt timely actions (the Ltegru of Care"). The Scrviees shall ire pet%nned as expeditiously w is aonslstoat with the Degree of Cam necessary for the orderly progress of the Project upon request ofthe Owner, the DesignProfmioral shall submit&brthe Owner's approval a schedule for the peaformattae of she Smvkumbiahmay be adjusted as the Project proeebi% and shalt include aUmmecs for periods oftims required for the owner's review and for approval of submissions by sutboritles Imingjudsdictiort over the Project. Time limits entablfshed by this schedule and approved by the Otvner shall not, except for rcasonabie cause be exceeded by fhe Resign Professiond or Ov-ner, end any adjustments tothts schedule shall be mutually aoceptableto both parties. ARTICLE 2 SCOPE OF .BASIC SERVICES 21 BASEL SERVICIS DErInD The Design Professional's Basic Servioes mwist of those dascnbed in Sections 2.2 ftmgh2.6 of these General Condfiions and inafude xithoutliotitativririonnal sinrcWN. civil, mechanical and electrical mgt owing services and any other engineering services necessary to produce a complatt at�acesram set of Cansiruativn Documenfs, as described ay attdrequired insecdonl.4. TheEssic services may bem0fied bythe Agreement 2.a SCHEhfA 'l`ICl7L5T{�'i3'II1AAa''� 221 'the Design Frafessieiaal, in cansultWon with the Owner, shall develop a written program for the Project to ascertain O rtes needs and to establtsh the recPuiremettts fttheProject. 2.22 The Dcsigaprofssional shall provide a preliminary evaluation of the Ownc?s prograrn, construction Schedule and construction budget tegtrirements, each in terms of theat1w, subject to the limilatims set forth inSubsmtlon511. 2,23 TfreD:signProfrssiond shall reviews th the O%nereatemative oppvoaahes to design and corstruo€iot a£theFroject. 22A 13zmd an the mutually agreed Upon pmgraai, schedule and canstmeiiunUdget requirements, the Design Professional shall prepare, fir approval by the Owncr, 5chematioDesipDocuments consisting ofdraavings and cflwdoaumants Nmiiatingtha scale and rdalionsiup of Project components. The Sdrematio !]coign shall contemplate complia =vAthall applicable laws, statutes, ordinances, codes and regARtim s. 2.25 The DesignPro&asional shall submit to the Owner a preliminary detailed estimate ofConsfntofon Cost based on cuzmtasea, volume or otherwut costs and which indicates the Last of each category of s%Wk involved in west uoting ibe Project mid establssbea an elapsed time factor for the period of the form the earn Mcem" ttothecompletionafaonstruction. 2.3 DESIGNDEWL0PYXN1PWZ 2,3.1 Based on the approved Schematic Desi nDocumonis and any adjustmetds authorized bytbe Ownerintheprogram, s: hedule or construction budget tha resign profmsioral sballpmjwo for approval by the Owner, Design Davalopment Docum mts Consisting of &as*00 end other dootrntents to fez and dmtibe the size and character of the Project to architectural, shw uraL mechanical and electrical systems, materlels and such other elements as may ba appmpria%mUchsliall comply with all applicable laws, stautes, ordinances, codes and regulations. Notwithstanding Ovmees approval of the dcctrrnen% Design Pmiessior'M represents that the Dommentsand spmificatfonswill be suiTrcientandadegpatatofuihll .thapurposes ofthe Frvject 2,12 The Design ProfessioralA& advise 1bo Owner ofarsyadjusimcrtsioftprslitmim estimate ofCansicurtw a Cost inaft -$er Detailed Shrtcrawtasdescritna in sectian2.z.S. 2.4 COAiSTRUCTMNDOCEIMENTSP. SE 2.4.1 Based on the approved Design Development Documents sad any fruther ad�n ents in the scope or quality ofthe Proect or fu the constn4on budget mithoriaedby the Owner, Um Deign Professinnalshall prepane fir approvalbythe Owner, consisting orDrasvings and Specifications setting forth indataii nquirementsfor iheconsbnmgon oflhepr ace vrhfch alai) eompiy with all appUmbla law, statutes, ordinanecA codes and regWalions. 2.42 The Design Pmfessional sbe3l assist the Omer in the prepay Vm of the noeem%V bidding or prom went istfermativn, bidding 0 pieerrement fbrrrrs, tree Conditions ofthecontraat, and the form ofAgre mentbehvsee en the Ovrmer and contractor. 1.4.3 The Design professional shalt adv➢sathe Omer ofanp adjustments toprovicuspratimin uy estimates of Constamlion Costindioat:) by changes inrequirerrents or general market owAitions. 2AA The Design PeoNz ional shalt assist She Owner in connection virtlr'rhe Owner's responsibility ibr fitbg documents required forth? approval of govenunmw authoriaes}ravirsgjurisliatien evertheproject 25 COiYSTtICITO NCONTRe1MROCUREirllti+TF 2,5,1 The Design ProfeS5iOnO, Mowing file Ot no?s approval of the construction, Dooummta.arrd of the latest preliminary dotailcd wtintate of Cnnstrucriott Goat, shall sssist the Owner utprocusing a cotrshucfion oantmttfor the project through my procurement method that is legally applicable to the Project including 1,vithout Page i of 8 T1AMfsc%Blank Fb=s\GPNB RAL COLQi MON5- ARCHITECT ENQMER Revised 052209.d0c Revised 5 -30 -02 timitation, the competitive sealed biddhigpro ,:ens. Nthatigh theOkwtninll consider the advimof die Design Professtonal,the avmd ofthe. construction cant aetisin the sole discretion of theOwvaer, 2,5.2 ifthe cottshvvdon contract amount for the Project excerds ate total conm�,. w cost of the Project as set forth in the approved Detailed.5tatement of Probable CanSbM90n Casts of the Project submitted by the Design PrafessionA then the Desigi Professional, at its solo cost and expense, Will rdvise the Constuctim Docwmeots as may be required by the GvwTer to reduce or modify the quantity m quality o€the work so that the total eoustructiun cast of the Projedwwill not exceed (he total construction cast set forth in the appruved Detailed Slats nt of Probable ConstrnotinnCosts, 2.6 COlr5TRZiC1 NF314SE- ADlm'A USTRATION 0FTM- ColasrzrvMDN COA*f'RACT 2.6.1 IboDesigttProfessienal's responslbility10 provideDasie services fwthn ConstructiunPhase under this Agreement commences with the award ofthe Contract farConst=fion andterntirtafes at the isstraacatathe (hatra ofthe 5aalC4utMcate for Payrnea; runless exfiendedunder the terms otSubsection 8.3.2. 24.2 Tire Design Professional shell provide detailed administration o£tha coniract Ibr Coinsixuctimr ar, set faith below. Per design professionaiss the administration shall also be in accordance with AlA document A201, Gsacral. Conditions of the Contract for Canstroodon, cement as of fire date of the Agreement as may be amended by the City oMeriton special conditions, unless c*awlmpmvlded inihe Agreement. For engineers the administration sbali elm lit in accordame with the- Standard Speoificadons fvrPublicjWorks ConshucdonbytheNordi CenhalTexas Council ofGavemmertts cnrreni as ofthe dale attire Rgteemeat,vnte5sothcnvise provided intho Agreement 2.0 ConstmCdon Phase duties, responsibilities and ianitaticm of authority of the DrsigaYmfenional shall not be restricted, modified or extended without wwsitten agreement oftire Owaerandl]esignprafbssionaL 2.6A The Desigrtl?rofcssivnal shah bo areprrsettlative ofand shall advise and rconsttltvdth the Owner (1) during eonsiruction, end (2) at the OvMas direction from time to time during the correefion, or warranty period described in-the Coniiactfot'Constwr; ion. The DesignPrdfesdoml "I havaauthority to act onbeliaifofthe Owner only toiha went provided intheAgreementWAthese Corral Conditions, unless otherwise. mofted by wrilten inst intimt. 2.6,5 The l]asign Profssional shall observe the cartstruction site a least are time a week virile wastrttation is in progress and as reasonably necessary wwirfle conrstnetion is not in progress, to become famiiftirwith the progress and quality aftfre work Completed and to determine ifthe wwwrk is being potformed in anranmer IndicatingthatihawwiorkAenoampie# edtvillbeinwxxdancewiththeCordactDocument& Design Profcssimatsbail provide Nmesawvrittm report subsequantto each on -site visit. On the basis of onsite observations the Dcaige Professional shal keep the Owner informed of the progress and quality of the work, and shall exeresst lffieD.egreeofCaro and diligence in discavering and promptly reporting to the Owner any observsblo defects ord4olencias inthework of Contractor or any subzmhvctWs.7 he Design- Profkssiorlaiiapresm* that be mill fol lm Degree afCareinptrParming all Services wtder the Ar�terueat iheDesigaPrafessianalshall promptly carreetany defetiw designs or specifications CirrAshed by the DasigrtPiokmionai at no cost to the [homer. The Owsnet:s approval, aecapWrA rye of or Payment far all or any part oftbe Design Pmfissiomal's sa-deas hereunder or of the Project ftselfshall in no wvay alter the DesignFrofessiorgs obligations; or the Osmaesaght hcrcmder. 2.G.5 The Design Professional sbdl not havo control over or charge of and shall not be responsHe for ewztnsotion means, methods, techniques, sequences or procedures, or For safely precin dons and programs in connection IvAh the woork. TheDesiga Professional shall not beresponsible ibr the Contractors schedriles or idlure to carry outline work inaceordnaoewith*a Caoh'aotDmummts except insofar B.s such failure may result from Design ?Mfassional'snegligent acts orormis- siom The DesigrProfesional shall not have control over cc charge ofacts or omissions ofthe Contractor-, subcontractor; or their agents or employees, or of any aglerpasons perfrnmingpnrtions oftha woo& 2.6.7 Iho Design Professional shall at all *nas have axesstoftvakwvhffevet itisinpreparatianorprogress. 2.6.8 Percept as may otherwise be pmvided.ln the Can6actDocuments orwvhen direct eommtmications bVe been spWially authorized, the Owner mid Contractor shall cotttmunieatettuotsP )r4hei7esigrtPrafessionai. Corawnicadoms by and - Iviththe Desip'sPrufessionai's crosuitants shall be through *e Design PmRasianal. 2.6.9 Based an the Design Professional's ahsatvatiens atdte site of the wwnrk and evaluations nfiha Contractor's Applications for Payment, the Design PrAssianel shall review WAUe*the araounts due the Contractor. 16,10 The Design Professional s certificationtorpaymentshsti constitute a represersfgionto the owns , based onflrol)esign Who site as provided in Subsection 7..6.5 and on the data oomprising the Contracloes Application for Payment; that the work bas progressed to the Point indicated and that the quality of Are Work is in accordance wviththe ContractAoeuments. The foragoingrspresentations are subject to minor deviations from the Contract Documents oor- recfable prior to compleiiom and to specific qualifications expressed by the Design Professional. The issuanea ofa Certfficato Jbr Payment strait further constitute a represeitationthat the Contractoris entitledlo payment in tbearnountcc&W, IIMu Der the issuance of a Cerfsfrcdaf&Paymud shaII not be a representation, that the DesigupnevAonal has (1) reviewedcanstruction means, methods,teolmiques, sequences orpmcedtsresor(2) ascertained howv or for what purpose theCatt&actcr hes. usod moncypreviously paid an aecotunofthe Contract Sure. Z611 The DaigaProRssionA shall have the respo nsihiiity and auarerityto rejectworkwvhich does not con€ormto the Contradnco aneftu. jvhenoverthe Design pro£essianal considers it =-am or advisable ibr implementation of die intent ofthe Contract Doti ments, the Design V0'19salcual'a have authority to regwro addidonai inspectian or testing of the vmrk in accordance ww3rh tiro provisions of the Contract Doctmieiits vim AV or not such' Wady is fabricated, installed or caatpleted. Howeeves,aeithorthisauthority ofthe AesigrnProfessional aura 8edslonmade b gxrd ia3Qi dtherfo axcrcise or not exercise such authority shell Siva lise to a dmdy or rapoimb7ity of the Design Professional to the Conttasla , Subcontraclm materiel and equipment suppliers, their ageoft Oremployees or otfter persons performing portions of'thewvorIc. 2.612 The Designprofhssional shall review and approve or talc other appr*ale aedonnpon Contraetoes sabmiiials such as Shop Drawings, Pradwt iJakt and Samples tar thepurpose of (1) deterralning compl- range with applicable Iaws, statutes, wdinanecs and oodas; and (2) determining whether or not the. =k ?A= completed, %via be in oempliomwvithfue tequirements of&, CantraciDocuments. The Design PrAssiond shall not with saob.reasonable promptness to cause-, no delay in the wwurk or in the constuction oftha Ulmer or of separate comradors, widul, allowing sufficient time in the itesign Professians3's professional judgatentto permit adequatereviewv lteviawvofsuchsnbmittalsis not emduetedforibe. purpose ofAetermining the acoursey and details such as dimiansiOns and que itihes or fbr sabstantiaiir g fnsirtrotions for ksta lion or p_etro manse of equipment or systems deMped by the Contractor, all of ww+hlch remain the responsi6ifity0fthe Contractort0 -tee axtentrequired by die Contrail Documents The Design Professinngsreviaw 9A not ean;tiatta approval of soft prccau6ons ❑ , unless otherwise spec' tally sued by the Design PmAssiond, of construction means, methods, teclutignes, Sequences or procedures. TfiaDesign Profeuioral's approval afa sprcifioitem shall nvtindisate approval ofan assembly ofv ohtheitem is a component Whenprofess[onal ceriificafionofps omiance oharactoos$es Page 2 of a kI.MsoMank'FormslGEtUL C0NDITIoN6.ARci3T£SCT- ENCFA'` Revised 052209 .doe Revised 5 -30.02 ofmaterials systems or equipment. is required by the Contract Documents, the Design Professional shall ba titled to rely upon such cartificatien to estabfisli that the materials, s38tems or equipment will tneet thepmfbrmence criteria required by the ConbactDocumamta 2.6.13 Tv, Design. Professional shall prepare Changb Orders and GOnstruatim Changa-Diredives, with supporting documentation and data if deemed necessary by the Design Prokssiowl as provided in Subsc,.fions 3. 1.1 and 3.33, fcr- ilia Owner*: approval end execution in accordarca silh the Contract Doewnents, and may aulhorizo rainorch rips in the %wFk not irnrolvingan adjustment in the Contract SumOran exteaston of the; Contract Ti mawiaich are not imrrnuistent with the intent of the Contract Documeats. 2,514 on behalf of the thsner, ft Design Professional Shan conduct inspections to determine the dates of Substantiai Completion end Final Completion, and if requested by the Omer sba issue Certificates nfSuhsiantiel and Final Completion. The Design Professional vrill receive and review written guarantees and related dowments required by the COnt[Wt for C mst lletiOm to be assembled by the Contractor and shall. issua s final certificate for Payment upon compliance vvitit the sequiremeals oftheContractDoc -U=4s. 2.615 TheAesignFraixs kraal shalt interpret land Provide, recommendation; on matters oD;=rningpuformm" ofthe owner and Contractor under die requirements oftre CemtraciDowments Da Aditenrequest of'eldierthe Owner or Cantracior, The AesigtPrafcssiunal's respocseia such requests shall ba madewithreasoirable promptness and Mift any tune limits DgEndnpom 2.6.16 Tntcrpretations and decisions of the Design Professional shall be cunsistentwith the intent of andzeasonably inferable from tba Contract Documents and shall be.k'aiting grin the, formt of draAbp. Vibenroaft such interpretation: and fiu'tial declsiom%thol>nigaTrofessiaaal strati endeavor to securefaithful pe$onnance by both Owner and Conlraeto , and shall not be liable forresulfs or interpreta#ions or decisions so rendered in good lotion accordanoewithaU the provisions afthis Agreamentartd in the absence ofnegligeno� 2.5.17 The DesignTrofessional shall render vnitteat decisions vrid& a reasonable time on all claims, disputes or other mailers in question betvveeri the Oww end Contractorrelaiing10 the sxeamliom OrPrugess of tic work as provided in the Co»lsactDucUrnmis. 16.18 The Design professional (1) sball render servioes under the Agreement in eceordanoe with Ste Degree of Care; {2j wiillrefmbursa the O�vnerfor all darrragrs caused by the defective designs the Design Professional prepares; amd (3) by achDwledgahg payment by i he Owner of any fees due, shall not be released item soy rights The olynNmay have under the Aveement :or diminish any of theAes'sgtPrafessitmal's obligaiiMthemurder. 2,6 .19 The Design professiond sbali provide the Owner withfaor sets of reproducible prints shoeing all s'IgiMoomt change§ to tits Consinreiion Documents during the Cothstructio>zPhase. ART=S ADDMONALSER'VICFS 3.1 GEiS`RRAL 3.1.1 The services described is this Article 3 ammot included in Basic Services unless so identified in the Agreement or Proposal, and They shalt be Paid for bYthe Damer as provided in thtAgreeraent, inaddiffonfo tub compensation for Basic Sery ices. The services described under SectlowI2 and 3.4 :hold onlybe provided if autrorfred or contacted in Witingbythe Omer. 1fserview dewn'bed under Contingent Additional Services in Seetion3.3 are required due to oircumsWom beyond the DesignPrefhssional's control, the Des'rgnFrofessional shah mcdTy the Cnvmer in Nwiting end shall not commence such additional services until it rweivrs written appmvalframtim Omer toproeeed, If the Omer Mows or Part of:Mch Contingent Additional Services are not required, the DesfLmFroPessiunA sbMU have no obligation to provldo those services. Owner will be- rcuaisible for compensating the Design Professiond for CuftbFdAimitianal SWAM only if they erbnotrequired due to thenbgligema or f dt ofDeslgn Pcofassiunal. 3.2 1'R03EC:TRLPRESENTATIa,NBEYDND BMICSERVDCFS 3.2.1 if wore extensive repressmtation at the site beau fs described in Subseagon 2.5.5 is required, the Design Pruicssiohtal :'ball provido one or mare Project Representatives toassistin carrying out such edditima . on-site responsilAties. 3.2.2 PrajectRepresentaHves sBa3l be selected, employed end directed by the T]esigri Professional, and the Design Pzofmsiomal shat[ be wampensated therefor as agreed by tie Owner andDesipPmf=iiunai. 3.3 COi TI MEnADDMONAL SERVICES 3.3.1 Makhematee0l revisions inDrau9t>rrs, Specifications or other documentsvvhen such revisions are: 1. inconA*nttvith approvals or instntciions previously given by the Owner, including revisions made necessary by adjushnents in the Qvrrefs Program orPrajectbudga5 2. required bythe enaetmentor reAAnufcedes, ]acts orzegulafions subsequent to the preparation of such documents, or 3, due to changesrequiredasa result of the Ovme{ sfoureto =derdeaisioninatime3ymaruter. 3.3.2 Provldtng services required'oeCaute of significant ebanges intihe Projectinciudin& but not limited to, size, qua&ty, compleAtY, of dhe Owner's schedule, =W for services regairedvnder 6'abswft 2.52. 313.3 Preparing thawing:, Specifications and other docrmienlatim and supporting data, and providing other services in connection with Change Orders and Comstructiun ChangaT]irectives. 3,3.4 Providing eonssuita n coucantiagzeplacement oftivnrkdamaged by fire or other cause during construction, end services required in cwmactioc with the repiacemer:tofsuch NW& 3,15 Provitting services made ricassary the de6ultofffia Qontracko, bJ major defects erde5eiencies inihe work ofihe Conizacier, achy faiiuxe ofpeiiarruarhrz ofeifiicrihe Qn'nerOf contractorvalertte Contract for Conshlrolien. Pap of T3 :iNFiselBienkFonnslCiENfiitAL C0tdJ 3ITI0hTS- A2-CHI'CECT- ENI:5MEERRevised 052209.dw Revised 5.4.02 3.3.6 Providing servieesin Fvaluabin an Extensive number ofchirns vbmittedby theCoi*actor Or others in cOnoeetion with fhe'tvrk. 3.17 Pioviding ser 4cesin eunnecHOnvtith a publioheariag, arbitration proceeding or legalpmceeding exoaptvftre?he Design PmiessianaI is partytherdo, 33.8 providing scrvicesin addition to those required by Molt 2 fir for alternate, separate or sequential bids or psovidingservices incormection ivithbidding orconstruaiimpnorta *0 completion o£theConshuciw130eusrmcnts Phase. 3,3.9 Nofi fttanding anyftg conlainedin the Agreement, Proposal or these Genecai Canditions to the contrary, all services de-scabed inShis Article 3 that are causedornecessiiated invh alB or in part due to thertegligent ad or omission of the Tlesignprafessional shall be per£ormedbytheDesigaPcaf'essimi as apart of the Basic Services under the Agreemenridiltr o additional compensation above and becnd ft compensation due the Dr*ign Professional for theBgdla Services. The inlm-cningor concu rentneglie'ertccOf 1114 Owner shall toot limit the Design pm&miands Obligations under this Subsection 3.3 S. 3.4 OPTIONALAIii MONALSMVICES 3.4.1 Providing £utaneiai f0sibilfty Or other spacial siudles. 3.4.2 ProvidingpTazwing survgs, site e%%daatians or comparative studies of prospective sites. 3.4.3 Providing special surveys, environment"[ studies and submissions required for approvals of governmental aathdties or others staving judsdictson over the Project. 3.4,4 providing serviresreju&obItma facilifies, system And egWpment 3.4.5 Providing servicrsto invesrtigatecxistin$ caaditiansvr iaatiifles of fa rnal emeasure3dra�vingstlterw£ 3A,6 Providing services tovelt the accuracy ofdtawirtgs or ether subor=nation furnished by the Owner. 3.4.7 Providing com6imdon of cotttvufionperformed by separate eontraatorsar by the Owees orvufowes and COaI[i171adon of services required in romeationwith copstrw9nnperfarmed and equipment suppiied byfkta Owner. 3.4.8 Providing detailed quantity surveys oriaventoreso fmateral,equipmed and labor. 3.4.9 Providin; ar4ses of ogeratiog and Maitttertanca emts. 3A.10 M�&hg fnVestigations, inventories Ofnrate"Aa or equipment, orvaluadons stmt detailed appraisals e£ exiting fhcilities. 3A.12 Providing assistance in the utili�iiora of equigraani ar systems such as testing, adjusting and balar ro my preparation of operation end maintenanca manuals, training pemormet for operation and mainterianee and consultWon.dunng aperadon. 3A.13 providing interior design and similar services required ibr or incouneolon vtfth the selection, procurement or installation of fi m iture, funishings andrelat0d equipment 3A.14 providing services other than as provided in Section 2.5.4, after issuance to the Owner of the 5nst tfrti5cafe for Payment and expira€ion of the Warranty period ofthe Contract for Constx 4ba. 3.4.15 Pmyiding services ofoonmitants for otherthm arrMecturai, Civil, shucfival, meChavfc& and electrical eogineeringporHMS ofihaProjeCEprovided as apart of Basin Services. 3,4.16 i'rovft any other scrvicea not otherwise i mloded in this Agtaemeat or not customarily ?umished hi arcordame with generally accepted erahiteckml Practice. 3,4.17 preparing a set of reproducible drreo rd and other in data addition to hose i quim by rt the Subsection 2.6-19. homing siMi&oani chazrges inthe'F*rk trade duringcon- straCtica based unmarked -up print, 3,4.1$ Ihotsvithstartding anything contained in the Agreement, Proposal or these General Coaditions to tha.aanbary, all services desmbed inlhis ysriicie 3 that tare caused orneaessllated in whole or fnpart due ietbenegligentsot or Omission cftbe sita#i be performed by the Design Professional as apart ofthe Besio Ser cs under ibe ifgrcenamtvdthno additional compensation above and beyond the compensation due Site Design Professional for theBasic Services. The inteming orcmement W64igenceofffre ownershalt not limit theDo5i9nPrOfWional's obligations under** Subwation34.I8: ARTICLE 4 0'9%TWS ILESPaN'SIBM' S 4.3 The Owner shall eortsult w th 4te }Design Pm€e $tonal regarding rer!gW=ents for the Project, including (1} the C7vmer x Ohjectives, [2} sehedute and design ace meets and relationships, fiexibrTity expendability, speoW e;uipment, systemms and site requirements, as inure specs- eanstraisrts and oriterio, itwlrrding sp rcqulre rwai y de=- red in Subsection 2.2.1- 4.2 The ilsvnersl 4 eatabiish and updato an Overall budgd for the project; including the anstratction Cosa; the Omt?.s other casts and reasonable oeafteatcles related to all o£thesecogs. 4.3 Ifrequested by the Dasiga Psofessionai the Orittea shed fumfsh evidence Sitatfntsnciat arrengemenu haw been made to U511 the Ownees Obligations under Us Rgieement Page 4 of 8 H :li. §isalBlsnkFormslt RCHiECT l h3ERisvised 0529 dac Revised 5•30•72 ilj,v*EItAL CONDMONS•A 4.4 The Ovmereall designate a representativean4rorized to act on the O-Ues beltalf-Mth respect to the Project The O] %Tier or such whorfzed represerhfative shall render decisions in aI[mely mannerpertahbg to documents subrait3ed by the Design Professional in order to avoid urueasmable delay in the orderly and sequential progress ofthe Design piafrssinuars semiees. 4.5 ;T'hera applicable, the owner shall furrhishsurveys dcscabingphyaical tharacteaistics, legal Ism rations and utility locations forthe silt offtProjeet, and atvrhten legal description ofthe silo. The surveys and legal information shall include, as applicable grades and lines of streets allays, pavements and adjuiningprnperty and shucturds, edjaomt drainage; rlghfs•o£tvay, restrictions, easements, enermbira m% zoning, deed restrictions, boundaries and contours of the site; Imations, dimensions and necessary dala pertaining to existing buildingk uther improvements aril trees; and inibmatien concerning available uhlity services and lines, both public and private, above midbdow grade, inciudimgimertsand depths. Al the it femtaiion an thesurvey shall be refereriwd to a projeotbendlunark 4.6 Where applicably the owner shall furrilsh the services of geateaimioal engnears ten such services are requested by flit Design Professional. SU& GWe Xesmay include but are not limited to test boriiags, test pits,delemrinations ofsai3 bearing values, peroolatImlests, eveduaiiams ofhazardousmawals, groundconoslon and tv- sistfvitytesk, including nmessary operations far antl6patingsub •soll condition ,with reports and appropriateproftsionel Tmimnandations. 4.5.1 That? c— skaliiumishthcsesvkesofotherconsuitantnAen such wdees are reasmablyrequ thtythasogeo£ theRojeci and tie requesicdby tie Design Professicraiacrd are twiWnedbyfihe Design Professi laspartof flsl3asieServicesorAdditionalServices. 4.7 When not a W of the Addiiianal Services, the Owner sbai[ 5andsh structural, mechanical, chemical, air end tvaterpolludon tests, tests afharardaus materials. and other laboratory sod envuonmentaltesh, inspeotions andnports requirul by lmvor the Contract Documents. 4.8 The Owner shall Wish all legal, acoounttne and insurance minsaltng servkes as may be necessary at any time for the Fmjcat including auditing services the Owner may require to verify the Contmctosk Applications for Payment or to escertak haw or far what p;uposes the Corrkttctor has used the. money paid by or on bebal£afthebuner. 4.9 The services, information, sm,zys and reports required by Omer under Sections 4.5 through 4.8 shall be, fiunlAed at the Ownds expense, and the Design professional shall be entitled to rely upon the acotmy and completeness thereofin the absenceofany negligence oakre partnl' the Design Pro&ssioual. 4.10 The Owner shall give prompt Wrlttenuotice to the DesignPnfess[onal ifthe Owner beaomesava= o €any Ink ordcfect Ntheproject ornonoonfbrmatteawith the ContraetDw menu. 4.11 DesignPreflxsfonal shall pmpose ianpag-, for eecti min orcer[iiicatians to be requested of the Design Pmfiassienal orDesiIAProfessioneya consaltants and shall submit suoihto the Owner? review and approval at leastfaurteartt[4y days prior to execution- The Owner agrees Teto request OuFfiratims thatvyould require imowWgt or servloesbeyond the scope of the Agreement. ARTIC£Z5 CON51 VCMNCOST 5.m CONSmiC ION COST DETMED 5,1.1 The cows uotion cost Shall bathe total costorestraated cost to the Ohmaroftiteler sift oft lreProjectdnignedorspaciffiedby the Desiplrufessional. 5.i2 ThaCortshttclionCastshalfindudetk�cost atcrrncntnWkettdosoflabw and lnaterialsEWshedby the Omer and. equgrmentdesipted ,speoSfecl,seleatedor specially provided for bytiteDzeign PrafeWcmal, plus a reasonable a]lovrmcefor the Contrzetofs ovcncwd and pmt. In addition, a reasonable alknvano s for can tingeneies shall be included for market conditions of fhe time of biddingand fbrebmWs in thavrork during cOnShuctiOlL 5.1.3 Construction Cost does not include the compensation of the Design Pra9m- ional and Design professional's consultants, the costs of the Iand, rights- of -hhsy, f nancipgorotheroosts unicFtaretherespansbiiity of the Dwnrras providedinArticle 4. 51 RESpONSX131 [.'ITI' FOR CONMUCHONCOST 52.1 Evaluations-of*a Ohvnafs Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction cost prepared by the Design professiional represent the Design PM5eSsioual'sbest judgmental a design professional fam[liarvriththe =lStaetinn industry. It le recog&ed,havvave , that neither the Dmiga Professional oar file Omer has control Deer the cost of labor, materials or equipment over the Centraolor's methods of determining bid pdctiS or over carnpetiGvebidding or market conditions. Accordingly, the Design Professional cannot and does not ;varrorlt or represent that bids or cost proposals will notvaty from the ch ;1melsProjectbudget or from anysst mate ofCimst uotion Cast oravaluationPnAred oragread to by the Design Professional. 5.2.3 No dnxed limit afCowmdion Cast shall be established as condition ofthcAUmmet: by thefwoishing, proposal or establishment ofa Paojeetbudgetunless such &ed 11raftbasboan agreed Won in -vrftwd if such a fixedllmithosbetnestablished, theDesignPr4fessionalsha llbepemritted to include contingencies for design, bidding and price escalalion,to deteamine what materWa, equipment, component systems and types of ewAniotiw are to be Included in the t]olntractDoctimente, to make reasonable adjadments in the scope ofthe Prs jeer andtu inoludein Lire Cantrctl7actmrents altemate bids to adjust the Con=otion Cost to the fixed limit. Fixed lire i%ifany, stmt€ be increased in the amount ofan increase in the Contract Sum ocowringatter execufionofflteContract farCoustruc#ian. 5.2.3 iftbe, Proeuremeat Phase has not commenced YAffih90 days aker the Design Professional submits tits CoststnmctionDacramhants io ilia Dame ;any Projv t budgetortwed limit ofConsttuctionCost shah be adjusted to retieetchanges in thegenerel level ofprices in site constnretimt industry bebaeenthe dataofsubmission of t1le ConshuctionDoci mentsto the Owncr end the date on wlk;ohpn*osoh are sought A.RTTC R 6 Mi'f+1ERSKW AND USK OF DOCUMENTS 6.1 The Drawing , specifications and other documents prepared by the Daslgr Professiora l for this Project are instruments of the Design Profess ior�i's service and anal} become #be properly of tiie OKSmer upon ternhination or camploam of the Agreement The Design PrAmlonal is entitled to retain copies of al[ sueb doeumtrits. Such docwnents are 'intended only be applicable to this Project, and Owner's use ofsuch dooumuhts in other projects shall be at Owner's sole risk and experrse In the event the Owner um any ofthe hbnnation or materials deveiopedpursuant to *a Agreement in another project or for otherpurposes than are speeifed in the Agreement, the Design professional is reIeasedfrm any and all iiabitity rektingto@teir use in that pmjecl Page 5 of S ii :llvlisclBlarhk Farms\GEldEpAL CoNDMOlhlS•ARCFITf ECT HNGINEERRevised 052209.doc Revised 5 -3M2 6.2 Submission or distribution ofdowments to tneetOfficial regulatory requiremerAs orfbr similar putposes in cctuheotimn wuilh the Project isnotto be coadwedaspublimeon in derogation ofiheDmignProfessiWel's reserved rights ARTTCLE 7 TERNMiATIOX Si35PEt$SION ORADANDONAIENT 71 The Design Professional may termirwW the Agreement upon not less Stan thirty days vaittennotice should the Oww Ail subsranfially to perform in accordance wviilt the terms of thz Agreement UvougIt na fault of the Resign Pmfessianal Owner miry terminate the Agreement or arty phase ihe=fwith or without cause upon thirty (30) days prior written notice to the Design ProfezlorA AD work and labor being performed under the Agreemcul sbati dean imm ciliately upon Design Professional's receipt ofsuoh notice. Befmrethe end of the flirty 00) day Imflod, Design Professional shall imrolm ft DhWer for ell work it satisfactorily performed prior to the receipt Of suchnotice. No ammarf shall be. due for iosl or snlioipated profit& All plans, field swveys and other data reistedto the Prejectsihail became property of the {honer bpun termination of the Agreement and shall be promptly delivered to fit Owner I a reasonably organixedfortn Sitmuld pion rsubsequently aors$ae#wvilh arrewlcsignPro£essionaIfor eonGnuation ofsersices on the Project, Design Professional shall cooperate irk pruddiag infasmation. 7.2 It theProject is suspended bythe Ovmerforrmore than 30 == *c days, the Design Professional shall be compensated for services satMadodiy parftmned prior to notice ofsuch suspension. When *o Project is reamed, theDesigtProfessios>at's compensation sbdi be equitablyadjustzd to provide for expensesinmu ed in the intemiption and resumption ofthe Drsigr Pxofessional's services. 73 The Agrwment may be twninated by the Owner ttport not less than nom days vJritiea nm6ce to the Design PrmfbAmai in the evtmt.thatthe Project is permanently abandoned- if the Project is abandoned by the Omer for More than 90 ewsecutive days, the Daign. Professfonal or the Wmer may terminate the Agreement by giving written notice. 7.4 Fai[uta of the Owner to make payments to trz Dc4gnPrafessionaI fomul--nostbctoriiy completed in aceoalanozwfdtthe Agreement shall be cons dered substantial non - perfarmance sad rauso for termination. 1.5 If the Owmer:Nls to Make payment to Des&LPrafessional witisiathiry (30) days of receipt of astatemontfor services properly and satisfactorily performed, the Design Proi'essionad shay, npon seven days wwritiennotiseto the Owner, suspendpuformtmce ofservicestmderthe Agreement. 7.6 in the- tvmt: ofte minationnotthe fault oftha Design Professional, to Design Professional shallba compensated for services properly and satisfactorily performed prior to termination ARTICLES PAYMENTS TO THE DESIGN'PROFEMONA 81 DIRECT PERSONNELEitMSE 8.1.1 ]Direct Fzrsonnel RVenso is defined as the direct calories of the Design ProfrssionaPs persomtel engaged on the Pmjmt and the portion of the cost o£4teir mandatory and customary wntnbuffnnsand benefifsrelated titereto, such as employment texts and other statutory employee benefits, insurance, sickleave, holidays, vacation% pensions and graiiarcontributions and benefits, 8.2 IMIAiRrIRSARrEE1CPEl M 8.2.1 Reimbursable Expenses are in addition to Cornpt mmflon for Rasia and,4ddlterd Services and include cxpcmes incurred by the Design Professionad and Design Professional's employees and consultants in the inierestofthe Projcc , as identified in the fallowing Clauses, 8211 Rgmse of transportation in connection Aft Ike Prgiect; expenses ar comecftan*Mthauthoriwd out of-tmz travel; Iang- distance zomrmo ications; and An paid hr secxbg approval o£ authorities ha*gjtuisdiction over the Project. 8,2.1.2 Expense of reproductions (except the reproduction ofthe sets of documents refbrcttced in Subsection 2k,191 postage and handling ofDtmviugs, Speoifiesdons and other doaurnents, 8.2.1.3 if authorized In advance by the Oveno , expense of overtimewnrk requiring higher tbantegulartat� 8.2.1.4 13x om of rerrdertngs, models and mock -ups requested by the Owner. 8:2.1.5 Expenseofminparr •aideddesiga arid rim ingequipmenttimavhmuedinconmectionmdththeProject 8,2.1,6 Otherp. puhsesthatareepprovedinadvaaueinw�sstingbythepw�her 8.3 PAYMEM ON ACCOIiNx OF13"CSnl'XCES 8.3.3 Payments for Basic. Servfoes shall be made monthly and, wvihcm applicable, shall be in proportion to setvices performed within, each phase ofseivice, an the basis set8irth in Section of the Agroementandthe schedule of work 83.2 If and to tho. Went that the time initially established in the Agreement is exceeded or extended thmtrgjrnofault of thel3esignPrafessivnai, compertsatton for any services rendered during the udditiortalperiod ofiimasbadl be computed inthsmannersetforth inScatfon2 of ibe Agreement 8,33 [rdhen compensation is based ona prercentaga of Construction Cost and any potfians of the Project are deleted or otbenwiso net constructed, compensation for those portions nf'the Project shall he payable to the extent services are performed. ea those portions, in accordance with the schedule set forth in Section 2 offhe Agreement hased on (1) the lav=t bona fide bid or (2) ifno such bid "ropaml is received, the most recent preliminary estimate afConslry Vm Cost or detailed estf nge.o£construction Cost offhe Project. 8.4 PAY74ENTS ONI ACC UNT OFA MOi' MSERVICES Page S of 8 I3:OMf sai131ankTatnrslG$l RAL CONDMONS•ARCI]MCT ENGRi£ERitavised 032209AM Revised 5- 30.02 8.4.1 payments an account of the Design Professional's Additional Services artd for Reimbursable Expenses shall be made monthly within 30 days alter thce presentation [o the, owner of the Design Professional's statement of services rendered or expenses incurred. 8.55 PA- Yi's7]?liTTi's VT=, LTD No deduetions shall be made froth the Design Professional's compensation on accountofpenalty, Iiquidated damages or other su nsv41hheld from payments to contractors, or on account. of the cost ofolioges in the work other than those for which the Design Professional is responsible. ARTICLE 9 PgDEi' LAITY 9.1 The Design professional shall indemnify and save and hold harmless the Otx'rter 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 tho Owner, and including, without limitalfon, damages £hr bodily and personal injury, death and property damage, resulting from the negligent acts or omissfons ofthe Design Professional or its offsew, shareholders, agents, or employees inthe performance of the Agreement. 9.2 Wall inghercin shall be construed to create a liability to any person who is note party to theAgreament, ersd notiung herein shall naive any of the Parties, defenses, both at law or equity, to any claim, cause of action, or Iitigation filed by anyone not a party to the Agreemenk including the defense of governmental immunity, which defenses are hereby er pressIpreserved. ARTICLE 10 VSURAVCL4 During the perfannanee of the Services under the Agreement 17esign Professional shall maintain the fallowing insurance with an I nsurance company licensed or authorized to do business in the State of Texas by the, State Insuuance Commission or pry successor agency that has a rating with Best Irate Carriers ofat least an A- or above, 111 Cempraheasive General liability lnswaam- Mthhndiiy nrjury Iimits of not less Than S1,000,M for eachoecurranoe and not Iris than $2,000,000 inure aggregate, andsvith property damage limits of not less than $I00,000 for each occurrence and not less than $250,000 in the aggregate, 112 Autamohile Liability Tnsuranea evith bodily injury limits ofnot less than $504,o00 kAr each person and not less than 3540,004 Tor eaoh accident, and with property damage I !in iis ofnotIns than $100,000 for eachaWdent 103 Worker`s Compensation Tosmance. In accordance with statulnrp requirements, and lsluploycre %labilily Insurance with limits of not less than $100,000 ft each accident including cecupWonal disease. IAA Professional Liability insurance with limits ofnot less Than $1,000,000 annual aggregate 10.5 The Design Professional shall. famish insurance co Clontes or insurance policies to the Owner evidencing insurance in compliance -with this Article 10 at the time of the execution of the Agreement_ The General I lability and Automobile Liability insurance policia shall name the Owner as air additional insured, the Workers' CempensationpolLey shall contain a-tvaiver of subrogation in &vor ofthe Owne , and each Polley 5ha11 contain a pravision that such insurance shall not be caracoled or modified without thirty (30) days' prior written notice to owner and Design Professional. Tn such event, the Design professional Shall, prior to the effective data oftho change oremcellation, fiunish Owner with substitute oeralleates o@insuraneemeadng the requirements oflhis Article 10. ARTICLE it 1k0CELLA1V (WSPROVMONS 11.1 IHeAgrecmentshali tegoverned bythe la vs ofthe Sfata vfTexas. Venue of any suit or cause of action under the Agreement shall lie exclusively in Denton Comrty, Texas. 11.2 ne, Owner and DesigaPrtsfessional , -fespoetively, bind themselves, their pulners,snccessors, assigns and legal representatives to the other party to this Agreement and to The partners successors assigns and legal representatives of suet other party with respect to all covenants of this Agcernent. Tbo Dcsign Professional shalt not assign its interests in the Agreement%v thouttbe wdttmconsentt ofilie Owner, 11,3 The terra Agreement as used herein includes the executed Agreetaent the Proposal, these General Conditions and Other aftrhrnents re@renccd in Section. 3 of tine Agreement which together rgnsmt the entire and intagrated agreement betvE= the owner and Design Profesional -and supersedes all prior negotiations representations or agreements, either vaitten or oral. The Agreement may be amended only by written instrument signed by both Omer and Design Professional. When Interpreting the Agreement the executed Agreement, Proposal, these General Condidons and the other attaclunents refaraaxd in- Section 3 of the Agreement shall to the extent that is reasonably possibleberead so as to harmonise thepmvisfons. Roweve , shouldtlie provisions ofthcse dooumentsbe inconiiictsothatlMy can notbe reasonably harmoaixed, such documents shall be given priority in the folimftarder. 1. The executed Agreement 2. Atiachmenb referenced in Section 3 of the Agreemmt otherthm CID Proposal 1 These Genera] Provisions 4, Th0roposal 11A Nothing contaSmd In the Agreement shall create a contraeteml rolationship Avith or a cause of potion in favor of a third party egalnst either the Olvner or Design professional. - lu Upon receipte fpriorwriacnapprovaiofO=er, One Design Professimalsball lave the, ri & to inclWe rapmtnbx6cns of(he dnign oflhe PmjvA, including photographs of tha exterior and intariar, among the Resign Pmfessirnal's promotional and professional materials. The Design Professional's materials Bath riot include the pu -ner*s confdential or proprietaryinfotmaEion ifthe Owner haspreviousiy advised the Design Professional in writing of the specific intotnralion considemdby the Owner to be conz - dential orproprietary. 'iheO mcrshall prov?deprottss!mal creditforthoDesignProfessiorA on the cembuetion sign and in bpramu ortal materials for the Project 11.6 Approval by, the O=r shall not consiltute, nor bedeemed a ralrase of thoresponsibilityand liability of the DesignPlofessionat, its employees, associates, agents, subeoritractom, and wbconsultants far the 00eurne7 and competency of tbeir designs or other work; nor shall such approval be deemed to be an assumpllen of such responsibility by the Own r for any defect in the design m other work prepared by the Design Professional, its employees, sul=traetors, agents, and consultants. Page 7 of 8 a-wisc,w,m k po=t ewe +4L CC 3AT77moNs •ARCHIiEGT- E3+iCniMRRevised 052209.doe • Revised 5.3U2 11,7 All notices, communlcativns, and reports required or,PM,,tted under the Agreemesrtshall be personally delivered or mailed to the respective parties by depositing same in the United Statcg artai! to the address shown below signature blook on the Agrectnen� cerli5ed mail, return icrcipt requested, unless otherwise specified herein All notices shall be deemed effective upon receipt by the party to whom such notice is given, nr within threw f3} days after mailing, I1,8 If any provision oftheAgreement is found or deemed by a court of competen #jorisdietionto be invalid Orunenforeeable, it shall b a considered severable kom the remainder of the Agreement and shad not cause the remainder to be invalid or unerrfasceable, #n such event; the parties shall reform the Agceutent to replace such stricken provisimIvith a valid and eMbrecabie pmvislon Mti uh comes as close as passible 6a expressing the. intention ofthe stricken provision, 11-9 Tye Design professional shall comply with all federsl, stela, and local Iews, ralea, regulations, and ordinances npplimble to the work covered hereunder as they taayrr= read Orhereinalter be amended during the term o£thls Agreement, 11.10 Tn petforrnfng the Services required hereunder, fhe Design Professional shall not discriminate a. irst any person an, the basis of race color, relig4ar4 sex, national origin or mcashy, age, or physical handicap, TT,TI The captious ofthe Agreement are ter informationalpurposes only, grid shalt not in any tvay affect the substantive ferias oreonditions oitha Agreement Page 8 of T*:17vi gMlank FormslGERMAL CON Dl'1 O14S- ARCHITECT ENGINEER Revised 052209,doo Revised 5.30.02 La Graham Associates, Inc. CONSULTING ENGINEERS & PLANNERS Exhibit 2 The Design Professional's Proposal July 12, 2013 Mr. Frank Payne, P.E. City Engineer City of Denton 901 -A Texas Street Denton, Texas 76209 RE: Proposal for Professional Services Engineering Design of Vintage Blvd. — US 377 to Bonnie Brae - Widening and Improvements Dear Mr. Payne: Graham Associates is pleased to present this proposal to provide professional services for the survey, right -of -way acquisition, design, and construction administration to widen and improve Vintage Blvd. - US 377 to Bonnie Brae. Our staff and sub-consultants proposed for the project are shown in the attached organizational chart (Attachment Q. The summary of fees is shown in Attachment A, which includes both basic and additional services. The estimate of construction costs for Vintage Blvd. - US 377 to Bonnie Brae is shown in Attachment D. The proposed scope of services and deliverables are shown in Attachment E. Proposed schedules are shown attached as Exhibit 3. The schedule of rates is attached as Exhibit 4. Graham Associates shall comply with the City of Denton's "General Conditions to Agreement for Architectural or Engineering Services ". Our firm shall also meet or exceed the insurance requirements of Denton including a $3 million professional liability insurance policy. Payment for Basic Services listed in Exhibit 3 shall be made monthly leased on proportion of services performed within each phase of work. Payment for Additional Services and reimbursable expenses listed in Attachment A shall be made monthly based on statement of services rendered or expenses incurred. Please contact me if you need further information. Respectfully Submitted, a J' M. Wagnon, P.E. U O Graham Associates, Inc. TBPE Firm #F -1191 Summit Office Park Centerpoint Three Chase Bank 1300 Summit Ave.. Suite 419 600 Six Flags Drive, Suite 500 3200 Broociway Blvd. Suite 268 Ft. Worth, Texas 76102-4418 Arlington, Texas 76011 -6356 Garland, Texas 75043 -1571 (817', 332 -5756 (817) 649 -1914 • Metro (817) 640 -8535 (972) 840 -6671 Fax (8 17) 336 -6909 FAX (6 17) 633 -5240 FAX (972)- 840 -6671 CN 4i W Ii V' li v- -.-- 1 elN gq� j C) zAj C) 0 I'llpti ro -1 g v V,�fj E 'o, t-f M 144 t� -g A'd L 'M 1.2 ff tQ PPf 0 zi, 5 M, 6 2 Rl 2N j RM 9 M bVi In MI-,- J1 CO) 40 nkl LA CD N CQ rn rq 4A 0 UO m IL -Ti kk� N�e qZr "sl 0 000 r::.. �Il b P Ln -F-S Rl-1 cq .6s N 46 F�A j 'en, Jit, Eg vpl N"i'l Ed nl E.qj N3 g-R i I -Y fM "Pil p4 . `iy F, cu 24 'i W4 l --ffA p� 0 '21;`�, ad Hl. 2- ...... uo CC) C> co Ef F�!j 14 F. j Ln "A u . ..... .... F., -A cv � P4 ff"i Lu Ln en LM (N a, bo to 0. PIZ -Ti kk� N�e qZr "sl 0 000 r::.. �Il b P Ln -F-S Rl-1 cq .6s N 46 F�A j 'en, Jit, Eg vpl N"i'l Ed nl E.qj N3 g-R i I -Y fM "Pil p4 . `iy F, cu 24 'i W4 l --ffA p� 0 '21;`�, ad Hl. 2- ...... uo CC) C> co Ef F�!j 14 F. j Ln "A u . ..... .... F., -A cv � P4 ff"i Lu Ln en LM (N a, bo to 0. Exhibit 2 - Attachment B ESTIMATED SHEET TOTALS -- CITY PORTION Sheet Description Cover Sheet [Quantity Sheets Survey Control Layout Typical Sections Erosion Control Traffic Control Paving Plan /Profiles Driveways Drainage Area Map Runoff Computations Inlet Computations Storm Drainage Computations Drainage Plan/Profiles Drainage Laterals Channel Grading Street Lights Pavement Markings & Signage Traffic Signals Details Subtotal Number of Sheets = Cross- Section Plans Cover Cross - Sections Subtotal Number of Sheets = Total !Number of Sheets = Vintage - US Hwy 377 to Bonnie Brae Number of Sheets 1 6 3 2 6 14 10 1 1 1 1 2 12 2 3 6 8 18 0 1 30 31 128 Exhibit Z - Attachment B Right-Of-Way Strip Maps :ity Right -Of -Way Strip Maps Vintage - US Hwy 377 to Bonnie Brae Sheet ags tion Number of Sheets Cover Sheet 1 Parcel Summary 2 Right -Of- -Way Map Sheets g Total Number of Sheets = g er of Sheets for All Plan Sets = 136 en v C7 rq rr �t E t w CL; CL; CL; r v C7 rq �t E t w CL; CL; CL; r �t E w CL; CL; CL; r .......... ATTACHMENT D Vintage Boulevard From Bennie Brae to U.S. Highway 377 Summary of Construction Costs May 15, 2013 Paving, Traffic Control, Erosion Control, Retaining Walls $ 3,084,261.85 Union Pacific at Grade Crossing Traffic Signals Drainage Street Lights Pavement Markings $ 875,000.00 $ 225,000.00 $ 859,663.75 $ 259,884.00 $ 77,589.00 Total $ 5,355,494.60 PAVI N G VINTAGE BOULEVARD BONNIE BRAE TO U.S. HWY. 377 May 1, 2013 Item Description Quantity unit Unit Price Item Cost 1 Preparing Right of Way 44 STA $ 2,250.00 $ 99,000.00 2 Excavation 250 C.Y. $ 4.00 $ 1,000.00 3 Embankment 84,194 C.Y. $ 3.00 $ 252,570.00 4 Import material off -site 96,531 C.Y. $ 9.50 $ 917,044.54 5 Backfill 44 STA $ 85.00 $ 3,740.00 6 Topsoil 4,089 S.Y. $ 0.75 $ 3,060.75 7 Block Sodding 4,081 S.Y. $ 1.80 $ 7,345.80 8 Seeding 33,836 S.Y. $ 0.30 $ 10,150.80 9 lWatering 604 M.G. $ 7.50 $ 4,500.00 10 Lime Slurry 502 TON $ 150.00 $ 75,300.00 11 Lime Treatment 12" 25,062 S.Y. $ 3.00 $ 75,186.00 12 Concrete Pavement 6" Drives 286 S.Y. $ 47.00 $ 13,442.00 13 Concrete Pavement 10" Cross Streets 880 S.Y. $ 45.00 $ 39,600.00 14 Concrete Pavement 12" Vintage 24,096 S.Y. $ 55.00 $ 1,325,280.00 15 Barricades, Signs, & Traffic Handling 6 MO $ 4,500.04 $ 27,000.00 16 Landscape Pavers 1,726 S.Y. $ 45.00 $ 77,670.00 17 Mono Curb 8,751 L.F. $ 2.00 $ 17,502.00 18 Sidewalks 100 S.Y. $ 45.00 $ 4,500.00 19 Hike /Bike Trail 2,160 S.Y. $ 45.00 $ 97,200.00 20 Curb Ramps 6 EA. $ 1,500.04 $ 9,000.00 21 Erosion Control SWPPP 1 L.S. $ 21,170.00 1 $ 21,170.00 22 Capital Improvement Signs 41 S.Y. $ 750.00 $ 3,000.00 TOTAL $ 3,084,261.85 Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over contractor's methods of determining prices, or over competitive bidding or market conditions, this opinion of probable cost is made on the basis of our professional experience and represents our best judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids or the project costs will not vary from the opinion of probable cost prepared by Graham Associates. UNION PACIFIC RAILROAD PROPOSED UPRR CROSSING OVER VINTAGE BOULEVARD May 1, 2013 ITEM DESCRIPTIONS QUANTI UNITS UNIT PRICE ITEM COST 1 Crossing Area 1 L.S. $ 500,000.00 $ 500,000.00 2 Signals 1 I L.S. $ 150,000.00 $ 150,000.00 3 Flagging 1 L.S. $ 25,000.00 $ 25,000.00 4 Railroad Permit 1 L.S. $ 200,000.00 $ 200,000.00 SUBTOTAL $ 875,000.00 Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over contractor's methods of determining prices, or over competitive bidding or market conditions, this opinion of probable cost is made on the basis of our professional experience and represents our best judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids or the project costs will not vary from the opinion of probable cost prepared by Graham Associates. TRAFFIC SIGNALS V9NTAGE BOULEVARD AT US HIGHWAY 377 May 1, 2013 Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over contractor's methods of determining prices, or over competitive bidding or market conditions, this opinion of probable cost is made on the basis of our professional experience and represents our best judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids or the project costs will not vary from the opinion of probable cost prepared by Graham Associates. DRAINAGE VINTAGE BOULEVARD BONNIE BRAE TO U5 HWY 377 May 1, 2013 Item Description Quantity Unit Unit Price Item Cost 1 18" RCP CL III) 205 L.F. $ 32.00 $ 6,560.00 2 18" RCP (CL V} 110 L.K $ 60.00 $ 6,600.00 3 21" RCP (CL 111) 275 L.F. $ 39.75 $ 8,448.75 4 21" RCP (CL V) 55 L.F. $ 65.00 $ 7,150.00 5 24" RCP (CL 111 ) 360 L.F. $ 45.00 $ 16,200.00 6 24" RCP (CL V) 110 L.F. $ 69.00 $ 7,590.00 7 30" RCP (CL 111) 470 L.F. $ 60.00 $ 28,200.00 8 36" RCP (CL 111) 700 L.F. $ 80,40 $ 56,000.00 9 42" RCP (CL 111 ) 345 L.F. $ 93.75 $ 32,343.75 10 48" RCA CL 111) 385 L.F. $ 106.50 $ 41,002.50 11 54" RCP (CL 111) 315 L.F. $ 125.00 $ 39,375.00 12 10' X 6' RCB 110 L.F. $ 575.00 $ 63,250.00 13 10' Recessed Curb Inlet 8 EA. $ 3,500.00 $ 28,000.00 14 15' Recessed Curb Inlet 2 EA. $ 5,000.00 $ 10,000.00 15 20' Recessed Curb Inlet 5 EA. $ 5,500.00 $ 27,500.00 16 "Y" Inlet 2 EA. $ 2,475.00 $ 4,950.00 17 Manhole Type 1 22 EA. $ 5,250.00 $ 115,500.00 18 Junction? Box Type 1 8 EA. $ 8,000.00 $ 64,000.00 19 Trench Safety 3,165 L.F. $ 1.50 $ 4,747.50 20 Bore RCP 275 L.F. $ 250.00 $ 68,750.00 21 24" RCP Headwall 1 EA. $ 3,500.00 $ 3,500.00 22 48" RCP Headwall 2 EA. $ 5,500.00 $ 11,000.00 23 10'x6' RCB Headwall 2 EA. $ 9,000.00 $ 18,000.00 24 5" Class "A" Concrete Rip -Rap 1,500 S.Y. $ 90.00 $ 135,000.00 25 12" Graded Rock Rip -Rap 832 S.Y. $ 45.00 $ 37,440.04 26 Channel Excavation 250 C.Y. $ 15.00 $ 3,750.00 27 Remove Headwall 16 EA. $ 750.00 $ 12,000.00 28 Remove Storm Pipe 525 L.F. $ 18.75 $ 9,843.75 29 Cement Stabilized Backfill 75 C-.Y. $ 43.50,$ 3,262.50 TOTAL $ 869,663.75 Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over contractor's methods of determining prices, or over competitive Bidding or market conditions, this opinion of probable cost is made on the basis of our professional experience and represents our best judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids or the project costs will not vary from the opinion of probable cost prepared by Graham Associates. STREET LIGHTS VINTAGE BOULEVARD BONNIE BRAE TO US HWY 377 May 1, 2013 TOTAL $ 259,884.00 Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over contractor's methods of determining prices, or over competitive bidding or market conditions, this opinion of probable cost is made on the basis of our professional experience and represents our best judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids or the project costs will not vary from the opinion of probable cost prepared by Graham Associates. PAVEMENT MARKINGS VINTAGE BOULEVARD BONNIE BRAE TO Lis H V 377 May 1, 2013 TOTAL $ 41,685.00 Since Graham Associates, Inc. has no control over the costs of labor, materials or equipment, or over confractor's methods of determining prices, or over competitive bidding or market conditions, this opinion of probable cost is made on the basis of our professional experience and represents our best judgment as a firm familiar with the construction industry. We cannot guarantee that proposals, bids or the project costs will not vary from the opinion of probable cost prepared by Graham Associates. ATTACI- -B ENT E SCOPE OF SERVICES, DELIVERABLES aNFR SPO WS1B 3 M ES OF OWNER VINTAGE BOULEVARD IMPROVEMENTS FOR THE CITY OF DE A ON GENERAL: The City of Denton Vintage Blvd. Improvements Project from Bonnie Brae to US 377 (the Project) will include preparation of construction plans and bid documents, opinions of probable construction costs, identification of right -of -way requirements and necessary ROW acquisitions, Owner utility relocation, franchise utility relocation coordination, permitting and construction phase services. ARTICLE T BASIC SERVICES: GAI shall render the following professional services in connection with the development of the Project: A. Conceptual Design Attend a kick -off meeting with the Owner to discuss the various aspects of the project including planning and design criteria, work program and schedule, procedures of communication, and assignments of personnel. Obtain from the Owner, franchise utility providers, and the Texas Department of Transportation (TxDOT) all available record drawings, planning reports, traffic counts, zoning ordinances, and other data that may be pertinent in considering the development of the preliminary alignments and the fma.l design of the proposed improvements. 3. Determine from a field reconnaissance of the project area the general layout of the land for the improvements including location of existing above ground utilities and drainage structures. 4. Develop a schematic layout with two (2) roadway route alternatives at critical locations along the alignment. Submit four (4) copies of the schematic layout to the Owner for review. Attend meeting with Owner to discuss potential utility conflicts and the proposed relocation plan. GAI will meet with the Owner's Project Manager and Engineering staff first and utility staff later if necessary. 5. Attend a meeting with the Owner to discuss the alignment alternatives and recommendations. 7. Upon Owner approval of alignment and the schematic design GAI will develop a 30% construction plan set with paving plan/profile sheets, intersection layouts, right- of-way sheets, drainage area maps, culvert layouts, .layouts and hydraulic computation sheets for from Bonnie Brae to US 377 and the following intersections: a) U.S. Highway 377 b) Bonnie Brae 8. Prepare plans for on grade railroad crossing for the following railroad crossings; A) Union Pacific Railroad. The plans shall be in accordance with the City's and the Railroad's standards and requirements. Submit and coordinate during the review process. B. Preliminary Design (60 %) - Upon review of the 30% plans by the Owner, GAI will prepare preliminary construction plans as follows: 1. Prepare preliminary paving plan and profile sheets showing curb lines, driveways, elevations at all points of vertical intersection and point of intersections in the paving plan; typical sections; cross sections; high and low points, vertical curve information, and pertinent AASHTO calculations. 2. Prepare a Pavement Design Report documenting the existing soil conditions and providing pavement design recommendations based on (at a minimum) a 40 -year design life, 10% truck loading and traffic volumes as agreed upon with the Owner. Prepare preliminary drainage sheets including drainage area maps, plan and profiles, and hydraulic computations. 4. initiate coordination of utility relocations with utility owners, and prepare preliminary design of relocations of affected City water and sewer lines. GAI shall provide the design for the relocation of conflicting water and wastewater utilities. Hydraulic Design of the Culverts a) 60% Design Submittal: Update hydraulic design of culverts as necessary to reflect roadway design and to address Owner comments. 0) Update hydraulic models of culverts as necessary to reflect 60 °/a roadway design. (ii) Preparation of Scour Analyses for each of the creek crossings. (iii) Update the following sheets as necessary for 60% submittal: (1) Drainage Area Maps (2) Hydraulic Computations (3) Culvert Layouts 6. Prepare plan/profile and construction details for retaining walls and necessary shoring design. 7. Prepare Construction Phasing Plan including pavement phasing, transition segments, and construction detour plans. Develop construction phasing typical cross sections at key locations. S. Prepare traffic control plans based on the construction phasing in accordance with AASHTO and the City of Denton. 9_ Prepare a preliminary estimate of probable construction cost and submit with four (4) sets of plans for review. 1 o. Meet with the Owner to discuss the preliminary design. GAI assumes that we will meet with the Owner three (3) times during the preliminary design phase. 11. Submit preliminary plans to utility companies for review and comment. Attend a preliminary coordination meeting with the franchise utility companies. 12. GAI will attend a coordination meeting with DCTA and TxDOT to coordinate plan approval and permits for the project. C. Final Design - Following Owner approval of preliminary plans, GAI shall prepare final plans with the following additional tasks: 1. Prepare final construction drawings for paving, MSE retaining walls, drainage, traffic signal, at grade railroad crossings and City utility improvements. 2. This includes the final hydraulic design of culverts including scour analyses for the proposed culverts as necessary, and preparation of plans, specifications, and estimates. a) Final Design Submittal G) Provide final hydraulic models to reflect 90% roadway design. (ii) Update the following sheets as necessary for 90% submittal, (1) Drainage Area Maps (2) Final Hydraulic Computations (3) Final Culvert Layouts (4) Detail Sheets (special and standard details) (5) Notes (6) Final grading layouts (7) Quantities for bid proposal (8) Technical specifications for culvert construction 3. Prepare final technical specifications and bid documents for the project, including bid proposal forms (project quantities) of the improvements to be constructed. This Scope of Services assumes that the project will be prepared using standard bid documents provided by GAT. 4. Provide quality control by independent review of plans and specifications by Senior Engineer, not on the design team. 5. Prepare a final opinion of probable construction cost based on recent project unit bid prices. related documents provided by the Contractor such as test reports, equipment installation reports or other documentation required by the construction contract documents. 10. Interpret the drawings and specifications for the Owner -and Contractor. Investigations, analyses, and studies requested by the Contractor and approved by the Owner, for substitutions of equipment and/or materials or deviations from the drawings and specifications are an additional service. ] 1. Prepare documentation for contract modifications required to implement modifications in the design of the project. Receive and evaluate notices of Contractor claims and make recommendations to the Owner on the merit and value of the claim on the basis of information submitted by the Contractor or available in project documentation_ 12. Revise the construction drawings in accordance with the information furnished by Contractor reflecting changes in the project made during construction. One (1) set of mylar reproducible prints of "Record Drawings" and electronic files shall be provided by GAI to the Owner for each set of construction drawings. ARTICLE II ADDITIONAL SERVICES (DESIGN PHASE ); A. Design Surveying 1. Establish horizontal and vertical control for the project from existing TxDOT control monuments. Establish adequate control points and benchmarks for construction of the project. Cross -tie all survey control to City of Denton benchmarks. Provide a topographic survey of the project. The topographic survey shall extend the entire length of Vintage Boulevard from Bonnie Brae Blvd. to US 377. The survey corridor shall be 200' wide, extending 100' on each side of the proposed roadway centerline, and shall extend a minimum of 200' along all intersecting streets. The survey shall consist of- roadway cross sections taken at 50' intervals, locating all existing features such as water valves (including top of nut elevation), curb & gutter, asphalt, driveways, culverts, headwalls, mailboxes, geotechnical boring locations, sanitary and storm sewer manholes (including invert elevations with flowlines, sizes and material types), trees with 6" or greater diameter at 4' height, tops and toes of slopes, visible utilities, utilities marked by others, power poles, telephone risers, and all other visible features. Provide additional topographic surveying at two creek crossings for hydraulic modeling. The limits of the survey will extend 500' upstream and downstream from the existing crossings. Trees will not be surveyed in these areas. B. USACE 404 Permitting Perform. Section 404 Jurisdictional Determination based on USACE guidelines. 2. Prepare Non- Jurisdictional Determination Letter. C. Traffic Signals 1. Prepare permanent traffic signal plans for US 377 intersection (l signal). The construction plans shall include: a) Signal Layouts b) Phase Diagrams c) Wiring Diagrams d) Quantities and Charts e) Standard Details f) Specifications D. Additional Service Construction Administration The Scope of Services for Full Time Resident Representation services includes (1) one full time inspector (based on 40 hours per week) for construction duration up to 15 months. A. GAI shall have a Resident Project Representative on the Site. The duties, responsibilities and the limitations of authority of the Resident Project Representative, and designated assistants, are as follows: 1. Resident Project Representative is GAI's agent at the site, will act as directed by and under the supervision of GAI, and will confer with GAI regarding Resident Project Representative's actions. Resident Project Representative's dealings in matters pertaining to the on -site Work shall in general be with GAI and contractor, keeping Owner advised as necessary. Resident Project Representative's dealings with subcontractors shall only be through or with fall knowledge and approval of contractor. Resident Project Representative shall generally communicate with Owner with the knowledge of and under the direction of GAI. B. Duties and Responsibilities of Resident Project Representative: 1. Schedules: Review the progress schedule, schedule of shop drawing submittals and schedules of values prepared by contractor and consult with GAI concerning acceptability. 2. Conferences and Meetings: Attend meetings with contractor, such as preconstruction conferences, progress meetings, job conferences and other project- related meetings, and prepare and circulate copies of minutes thereof. 3. Liaison: a. Serve as GA.I's liaison with contractor, working principally through contractor's superintendent and assist in understanding the intent of Contract Documents; and assist GAI in serving as Owner's liaison with contractor when contractor's operations affect Owner's on -site operations. b. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 4. Shop Drawings and Samples: a. Record date of receipt of shop drawings and samples. b. Receive samples which are furnished at the site by contractor, and notify GAT of availability of samples for examination. c. Advise GAI and contractor of the commencement of any Work requiring a shop drawing or sample if the submittal has not been approved by GAI. 5. Review of Work, Rejection of Defective Work, Inspections and Tests: a. Conduct on -site observations of the Work in progress to determine if the Work is in general proceeding in accordance with the Contract Documents. b. Report to GAI whenever Resident Project Representative believes that any Work will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise GAI of Work the Resident Project Representative believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to GAI. 5. Interpretation of Contract Documents: Report to GAI when clarifications and interpretations of the Contract Documents are needed and transmit to contractor clarifications and interpretations as issued by GAI. 7. Request for Revisions: Consider and evaluate contractor's suggestions for revisions to Drawings or Specifications and report with Resident Project Representative's recommendations to GAI. Transmit to contractor in writing decisions as issued by GAI. S. Records: a. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and Samples, reproductions of original Contract Documents, including all Work Change Directives, Addenda, Change Orders, Field Orders, Written Amendments, additional Drawings issued subsequent to the execution of the Contract, GAI's clarifications and interpretations of the Contract Documents, progress reports, submittals and correspondence received from and delivered to contractor and other Project related documents. g. Reports: a. Furnish to GAI periodic reports as required of progress of the work and of contractor's compliance with the progress schedule and schedule of Shop Drawings and Sample submittals. b. Consult with GAI in advance of scheduled major tests, inspections or start of important phases of the Work. c. Draft proposed Written Amendments, Change Orders and Work Change Directives, obtaining backup material from contractor and recommend to GAI Written Amendments, Change Orders, Work Change Directives, and Field Orders. d. Report immediately to GAI and Owner the occurrence of any accident. 10. Payment Requests: Review Applications for Payment with contractor for compliance with the established procedure for their submission and forward with recommendations to Owner, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment at the Site but not incorporated in the Work. 11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to GAI for review and forwarding to Owner prior to final payment for the Work. 12. Completion: a. Before GAI issues a Certificate of Substantial Completion, submit to contractor a list of observed items requiring completion or correction. b. Observe whether contractor has performed inspections required by laws or regulations, ordinances, codes or order applicable to the Work, including but not limited to those to be performed by public agencies having jurisdiction over the Work. C. Conduct a final inspection in the company of GAI, Owner and contractor and prepare a final list of items to be completed or corrected. d. Observe whether all 'items on final list have been completed or corrected and make recommendations to GAI concerning acceptance. 13. Limitations of Authority of Resident Project Representative: a. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or- equal" items), unless authorized by GAI. b. Shall not exceed limitations of GAF's authority as set forth in Agreement or the Contract Documents. c. Shall not undertake any of the responsibilities of contractor, subcontractor, suppliers, or contractor's superintendent. d. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. e. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work or any activities or operations of Owner or contractor. f Shall not accept shop drawing or sample submittals from anyone other than the contractor. g. Shall not participate in specialized field or laboratory tests or inspections conducted by others, except as specifically authorized by GAL 14. GAI shall provide the following Public Involvement services: a. GAI will prepare a project web site that may be accessed through the City of Denton website. The site will include information about the project, project schedule, and comment area. Content will be discussed with the City PM prior to posting. b. GAI will attend up to three (3) public meetings at the concept, design and construction phases of the project. GAI will provide project exhibits and prepare presentations for each meeting. This scope assumes that the Owner will pay for advertising and mailings associated with each public meeting. E. Environmental Services (Blanton & Associates & GAI) The following environmental services shall be performed in support of the Bonnie Brae Street Improvements Project: 1. Compile existing data and perform an initial desktop analysis of environmental conditions of the project area. Prepare maps and other data necessary for site visit. 2. Conduct site visit. Verify and characterize the City's mapped Environmentally Sensitive Areas (ESAs) in the area affected by the proposed project. Perform a preliminary jurisdictional determination to identify and delineate boundaries of waters of the U.S., including wetlands. Make note of areas of potential envirorunental contamination within the project area that may warrant further investigation. Evaluate the project area for federally listed threatened or endangered species habitat. 2. Prepare a draft of the North Central Texas Council of Government's ( NCTCOG) Environmental Review Checklist for the Owner's review and comment. Incorporate comments and submit the revised checklist to the NCTCOG through the Owner for review and comment. 3. Coordinate with cultural resources sub - consultant. Review and provide comments on draft cultural resources report. 4. Coordination with NCTCOG. This task would include answering questions and providing additional information through the Owner if requested by the reviewing agencies. This task assumes a maximum of three requests for clarification and information. Contested application proceedings and requests for multiple site visits are not included in this task. If the preliminary jurisdictional determination results indicate that the impact to the waters of the U.S. exceeds 0.1 acre but is less than 0.5 acre, or if a jurisdictional wetland is identified within the affected area, then GAI will prepare a draft preconstruction notification (PCN) for coverage of road crossings. Submit the draft PCN to the Owner for review and comment. Incorporate comments and submit the revised PCN to the U.S. Army Corps of Engineers (USAGE) for verification. This task assumes that any required compensatory mitigation for impacts to waters of the U.S. would be satisfied by the Owner's purchase of mitigation bank credits. Preparation of a detailed mitigation plan is not included in this task. 6. Historical Land Use Review — Perform an investigation into prior ownership and past land uses on the subject property. GAT will attempt to identify obvious uses of the subject property from the present back to the property's first developed use, or back to 1944, whichever is earlier. To accomplish this task, GAI will review the following records (if available): (i) Interviews with City representatives and property owners /tenants. (ii) Historical aerial photography. (iii) City directory abstracts. (iv) Sanborn fire insurance maps. (v) Recorded environmental easements or liens on the subject property. Regulatory Agency Records Review — GAI will review information found in federal and state regulatory records for the subject property, including records related to environmental- related permits, notices -of- violation, and incidents involving use, disposal, or accidental release of hazardous substances, petroleum products, or other waste materials. Local records, if available, related to the subject property will also be reviewed for indications of environmental concern. 9. Site Reconnaissance Visit -- GAI will perform a site reconnaissance visit to the subject property. Existing environmental conditions will be documented on the site. GAI will look for potential indicators of environmental concerns such as stained soils or other surfaces, stressed vegetation, exposed piping, and evidence of improper use or disposal of regulated substances. - GAI will document the condition of each property using photographs. Copies of photographs will be included in the report. 10. Report Preparation -- Following the completion of Tasks a) through b), a report will be prepared for the subject property documenting our findings. The report will contain a narrative of our findings, recommendations for additional environmental investigations, as needed, and copies of all data obtained relevant to each subject property. The report will contain appropriate maps, figures, and photographs. 11. Conduct an archaeological evaluation and submit a Request for State Historic Preservation Officer (SHPO) Consultation Form to the Texas Historical Commission (THC). In addition to the information available through online databases, a review of projects conducted by AR Consultants (ARC) and other contract archaeological firms in or near the project area as well as information that may not be available from Texas Archeological Studies Association (TASA) but will be available from the University of North Texas will be synthesized in the evaluation. Additionally, an employee of ARC will visit the project area to take photographs and conduct a windshield survey of the study area. A letter report is to be provided to the Owner that presents the findings of the research and recommendations regarding the archaeological potential for the project and how to proceed. Once the Owner comments on the letter report, ARC will submit a letter report to the THC for their 30 -day review period. The evaluation will include a database search of the following resources: Texas Archaeological Site Atlas, historic reaps, L]USGS ;naps, aerial photographs, geological maps, county soil surveys, Denton County Appraisal District. 12. If a survey is required, secure an archaeological survey permit from the Texas Historical Commission (THC). This will require obtaining the signature of an official with the City of Denton. 13. Conduct a comprehensive cultural resources pedestrian survey of the proposed roadway. Besides the systematic survey of the proposed route, it is assumed that 75 or more shovel tests will be excavated in order to meet the guidelines for pedestrian surveys published by the Texas Historical Commission. Each shovel test will be 30 cm in diameter and will be excavated in 10 cm levels. Soil from the shovel tests will be passed through I /4" mesh shaker screens. If the clay content of the sample is too high, the soils will be manually broken and inspected. Due to the depth that the roadway will be excavated and the shallow depth of the A- horizon above the pre - Holocene sediments that are described by the Soil Conservation Service, it is not expected that mechanical trenching will be necessary. 14. Site boundaries, i.e. the limits of any archaeological sites or structures that are recognized during survey and testing will be defined on the horizontal plane and deposit depth will also be defined as necessary. 15. Perform detailed artifact analysis if artifacts are recovered and then prepare a draft technical report. 16. Records and artifacts will be prepared for curation at the Texas Archeological Research Laboratory (TARL) at The University of Texas. The cost of records curation is included in the proposed cost, but if artifacts are recovered, their preparation for curation and the cost of perpetual curation will be negotiated with TARL and will be an additional services item. 17. The draft written report will be submitted to the Owner_ After carnrnents have been addressed, it will be submitted to the THC and Corps of Engineers (COE) for review and comment. The report will meet the standards for cultural resource reports prepared by the Council of Texas Archeologists (n.d.) and adopted by the THC. The THC will serve at the official reviewer for the. COE, but a copy of the draft report and cover letter wilf be submitted to the COE for their review. 18. Revisions of the draft report will be prepared after it has been reviewed and review comments have been addressed. Once a final draft has been prepared, it will be resubmitted to the Owner for review and then again to the THC and COE. 19. Curation of records and artifacts will be completed in order to satisfy the permit requirements. 20. The final technical report will be printed and the necessary copies submitted to the Owner, the COE, and the THC. One copy of the final report and an archival quality CD will be submitted to the THC as required by the permit and five copies of the final technical report and an archival quality CD with the report will delivered to the Owner. ARTICLE III EXTRA'SERVICES: Extra Services to be performed by GAI, if specifically authorized in writing by Owner, which are not included in the above - described Basic and Additional Services, are described as follows: A. Phase H Environmental Site Assessment services in accordance with ASTM standards to identify and investigate the nature and extent of potential environmental contamination. B. Tree survey to comply with City of Denton tree protection ordinance. C. Field layouts or the furnishing of construction line and grade surveys. D. Legal services for eminent domain hearings. E. Historical structure survey for any structure that is within the proposal right-of-way that is 50+ years old will be considered an additional service. F. If buried features or structures are located, it may be necessary to conduct formal National Register of Historic Places testing to satisfy the THC. The costs of in -depth NRHP testing or mitigation excavation will be considered an additional service. G. Documenting and Recording Historic Structures. H. GIS mapping services or assistance with these services. I. Providing additional. 31) renderings or revisions to existing 31) renderings of the project design. J. Making revisions to drawings, specifications or other documents when such revisions are I) not consistent with approvals or instructions previously given by Owner or 2) due to other causes not solely within the control of GAI. K. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. L. Preparing data and reports for assistance to Owner in preparation for hearings before regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator unless such litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings or hearings are caused by actions or negligence of GAI or one of its subconsultants. M. Assisting Owner in preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with contractor(s) unless such litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with contractor(s) are caused by actions or negligence of GAI or one of its subconsultants. N. Assisting Owner in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT unless such litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with contractor(s) are caused by actions or negligence of GAI or one of its subconsultants. Such services, if any, shall be furnished by GAI on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. O. Performing investigations, studies, and analysis of work proposed by construction contractors to correct defective construction work. P. Design, contract modifications, studies or analyses required to comply with local, State, Federal or other regulatory agencies that become effective after the date of this agreement. Q. Services required to resolve bid protests or to rebid the project for any reason, unless such rebid is directly caused by actions or negligence of the engineering professional. R. Visits to the site in excess of the number of trips included in Article I for periodic site visits, coordination meetings, or contract completion activities. S. Any services required as a result of default of the contractor(s) or the failure, for any reason, of the contractor(s) to complete the work within the contract time. T. Providing services after the completion of the construction phase not specifically listed in Article I. U. Providing basic or additional services on an accelerated time schedule. The scope of this service includes the cost for overtime wages of employees and consultants, inefficiencies in work sequence and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the Owner. V. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form.. W. Providing services to review or evaluate construction contractor(s) claims), provided said claims are supported by causes not within the control of GAI. X. Providing value engineering studies or reviews of cost savings proposed by construction contractors after bids have been submitted. Y. Provide follow -up professional services during contractor's warranty period.. ARTICLE IV TEWE OF COMPLETION: GAT is authorized to commence work on the Project upon execution of this AGREEMENT and agrees to complete the services in accordance with the schedule shown as Exhibit 3 of this document. If GAI's services are delayed through no fault of GAI, GAI shall be entitled to adjust contract schedule consistent with the number of days of delay. These delays may include but are not limited to delays in Owner or regulatory reviews, delays on the flow of information to be provided to GAI, governmental approvals, etc. If the project is placed on hold by the Owner for more than six months, GAI reserves the right to negotiate additional compensation for additional services related to the delay. ARTICLE V RESPONSIBILITLES OF OWNER: Owner shall perform the following in a timely manner so as not to delay the services of GAI: A. Designate in writing a person to act as Owner's representative with respect to the services to be rendered under this AGREEMENT. Such person shall have contract authority to transmit instructions, receive information, interpret and define Owner's policies and decisions with respect to GAI's services for the Project. B. Provide all criteria and full information as to Owner's requirements for the Project, including project objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and fzunish copies of all design and construction standards which Owner will require to be included in the plan. C. Assist GAI by placing at GAI's disposal all available information pertinent to the Project including previous reports, GIS mapping and data, and any other data relative to completion of the Project. D. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by GAI, obtain advice of other consultants as Owner deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of GAI. E. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. F. Attend and take leadership role in project progress meetings and other project related meetings and attend and moderate the public meetings. G. Give notice to GAI whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of GAI's services, or any defect or nonconformance of the work of any contractor. H. Contact other departments within the City of Denton and coordinate with them to obtain record drawings of Other utilities, buildings, or infrastructure as needed. Exhibit 4 Graham Associates. Inc.: Principal $150.00 Senior Engineer $125.00 Registered Public Land Surveyor $125.00 Senior Hydrologist $125.00 Registered Engineer $100.00 Graduate Engineer $90.00 Graduate Hydrologist $95.00 Technician IV $90.00 Technician III $75.00 Technician II $60.00 Technician 1 $40.00 GPS Survey Crew $130.00 3 Man Survey Crew $140.00 2 Mari Survey Crew $120.00 Clerical $35.00 CARD Station $25.00 Sclhrickel, Rollins & Associates, Inch Project Manager $150.00 Senior Engineer $120.00 Engineers $90.00 Senior Landscape Architect $95.00 Landscape Architect II $80.00 Landscape Architect I $66.00 Lic. Irrigator $70.00 CAD Technician $70.00 Clerical $60.00 Landtee.Engineers. LLC PERSONNEL Project Geotechnical Engineer $ 125.00 Senior Geotecbnical Engineer $ 135.00 Senior Project Manager $ 150.00 Principal Engineer $ 165.00 Senior Engineering Consultant $ 195.00 Registered Professional Land Surveyor $ 135.00 Expert Witness (Deposition and Trial) $ Reg. Rt. x 1.5 Engineering Technician I $ 40.00 Engineering Technician H $ 50.00 Engineering Technician 111 $ 60.00 Senior Engineering Technician $ 65.00 Engineering Assistant/Specialist $ 75.00 Word Processing/Clerical $ 50.00 Drafting /CADD $ 70.00 Field Survey $ 115.00 Field Survey over 8 hrslday $ 125.00 GPS Equipment $ 10.00 GPS Communications $ 50.00 Robotic Equipment Charge $ 10.00 Transportation. (portal to portal) $ 0.65 /mile Transportation wltrailer (portal to portal.) $ 0.751mile Minimum Transportation Charge $ 50.00/trip Support Vehicle $ 50.00 /day Per Diem $ 150.001day Sample/Document Shipment.$ 50.00 each Plots /Copies $ 50.00Ifirst plot; $ 5.00 after first plot Copies $ 0.101page DRILLING AND SAMPLING Drilling and Intermittent Sampling in soil $ 15.00 /foot Drilling and Continuous Sampling in Soil $ 24.001foot Drilling in Rock (Auger - no sampling) $ 15.00 /foot Core Drilling in Shale /Sandstone/Moderately Hard Limestone $ 25.001foot Core Drilling in Very Hard Rock $ 3 0.001foot Field Penetration Tests, split spoon or TxDOT cone $ 35.001each DRILLING AND SAMPLING CONT'D Drilling Through Concrete $ 100.00/hole Mobilization of Rig (Local) $ 300.00leach Minimum Drilling fee $ 1250.00leach Plug Bore Hole with Bentonite $ 7.501foot Hollow Stem Auger Drilling (3.25 I.D.) wlcontinuous bbl sampler $ 27.00Ifoot Drill Rig Standby Time $ 185.00fhour SOIL Atterberg Limits (liquid and plastic limits), ASTM D4318 $ 60.00 /test Percent Passing No. 200 Sieve, ASTM D 1140 $ 50.00Itest Standard Proctor, AS TM D 598 $ 1140.001test Modified Proctor, ASTM D 1557 $ 175.00/test TEX -113E $ 225.00/test Processing Materials greater than No. 4 $ 65.00/test Sieve Analysis, ASTM D422 $ 70.00/test Lime /Atterberg Limits Series, 4 points $ 250.00/test Soluble Sulfate, TxDCT 145E $ 100-00/test Moisture Content, ASTM D433 $ 15-00/test Moisture Content and Unit Dry Weight $ 25.00/test Hydraulic Conductivity, ASTM 5084 $ 310.001test Hydraulic Conductivity, COE $ 310.001test Hydrometer Analysis. $ 115.001test Specific Gravity $ 60.00/test Unconfined Compressive Strength $ 45-00/test Unconfined Compressive Strength (core) $ 60.00/test Absorption- Pressure Swell $ 100.00/test Free Swell $ 75.00/test Bar Linear Shrinkage $ 20.00/test California Bearing Ratio (ASTM 1883) $ 225.00/point Consolidation $ 450-00/test Triaxial Shear — 1.4 -inch, 2.0 -inch diameter specimens (larger diameter specimens quoted upon request) a. Unconsolidated Undrained: - multiple specimen, 3 specimens minimum $ 85.00/spec - single specimen, 3 points minimum $ 85.00/point b. Consolidated Undra.ined — with pore pressure measurements: - multiple specimen, 3 specimens $ 425.00/spec - single specimen, 3 points minimum. $ 425.00/point c. Consolidated Drained: multiple specimen, 3 specimens minimum $ 450.00/spec - single specimen, 3 points minimum $ 450.00/point Direct Shear — 2.5 -inch diameter specimen - Q -Test, 3 points minimum $ 175.00/point - S -Test, 3 points minimum $ 250.00/point Remolding samples $ 60.00/each 1 lwn �n��rs Geotechnical & Environmental Engineering Construction Materials Testing Laboratory Testing August 23, 2011 Proposal No, 3079 Mr. Mark Burckhard, P.E. Vice President Graham Associates, Inc, 600 Six Flags Drive, Suite 500 Arlington, TX 76011 Re: Proposal for Construction Materials Testing Services Vintage Boulevard, Denton, Texas Dear Mark: In accordance with your request we are pleased to submit the following proposal to Provide construction materials testing services for the section of Vintage Boulevard from approximately 400 feet east of the east IH -35W frontage road to U.S. Highway 377, approximately 8503 linear feet in Denton, Texas. The project may be divided into to construction phases, Vintage West (west of Bonnie Brae to 1 -35W) and Vintage East (from Bonnie Brae east to Hwy 377), Our cost estimate is broken out into two costs one for Vint a e West and another for Vintage East, Based on our understand of the roadway project and our meeting on August 22, 2011, the existing two lane road with be improved to add additional lanes in both directions, resulting in a four lane divided arterial. The existing and proposed pavement includes reinforced Portland cement concrete paving on a stabilized subgrade. The project does not have any planned bridges, only minor (less than 5 feet high) retaining walls, and only minor culvert crossings with no major streams. 1.0 GENERAL Based on the information currently available and our understanding of the project, we Propose to provide observation 1 testing on the following items. • General grading along the roadway including utility backfill • Stabilized subgrade for the concrete paving ■ Reinforcing Steel • Concrete Paving LANDTEC ENGINEERS, LLC 1700 Robert Road, Suite 101 Mansfield, Texas 76063 817.572.2818 Fax 817.453.9984 3079 Vintage Blvd - Denton C MT-Au guSt2011.doc 2.0 BASIC SCOPE OF WORK The following paragraphs and attachments detail our basic scope of services and estimated cost for the construction materials observation and testing, coordination of field technicians and related engineering review of testing for the project. As a general overview, our scope of work includes the following: ® Provide experienced engineering technicians to perform on site and laboratory testing services including sampling materials, observation and testing earthwork, reinforcing steel, stabilized subgrade and concrete during construction. • Provide an experienced geotechnicallmaterials engineer (Registered Professional Engineer in Texas) to provide oversight and coordination of the engineering technician's daily work, review test data and review test report submittals. • Perform moisture/density relationships (standard Proctor), Atterberg Limits (liquid and plastic limits) for general earthwork and backfill. • Perform compaction tests using a nuclear density device (Troxler gauge). Determine the density and moisture content, percent compaction on general earthwork. • Perform observation and testing of the paving subgrade stabilization including compaction tests, Proctors, field gradations and depth checks. Observe reinforcing steel based on project plans and contractor supplied shop drawings. • Perform observation and testing of concrete paving, including slump, temperature, air content and casting the appropriate number of cylinders for compressive strength testing. • Perform observation and testing of cast -in -place concrete for the drainage structures and retaining walls, including slump, temperature, air content and casting the appropriate number of cylinders for compressive strength testing. Based on our current understanding of the proposed construction project, LANDTEC proposes the following Basic Services to provide construction materials testing on the referenced project. A. General Earthwork I Utilities Standard Proctor and classification tests will be performed for the on -site soils proposed for fill. In -place moisture- density (compaction) tests will be taken in each 6 to 8 inch lift of compacted fill material using a Troxler nuc #ear density gauge. Tests will be taken at a frequency of one test per 5,000 to 10,060 square feet with a minimum of two tests per lift. 3379 Vintage Blvd- Derdon C MT-Aug ust 2011.doc LANDTEc C-NGiNer =115 2 B. Pavement Subgrade Observation and testing of the pavement subgrade wilf include use of a Troxier nuclear density gauge to determine the moisture and density of the stabilized subgrade and verify it is compacted as per the specifications. Field moisture - density (compaction) tests will be performed at the rate of one test per approximately each 5,000 to 10,000 square feet, with a minimum of two tests per section. Gradation tests will also be performed on the prepared subgrade (once the chemical additive is applied) at the rate of approximately one per three compaction tests. C. Portland Cement Concrete Paving An engineering technician will sample/test the concrete paving and flatwork. Samples of plastic concrete will be obtained for slump measurements, air and temperature, and casting of compressive strength specimens. Concrete will be sampled each 100 cy or fraction thereof for slump and a set of cylinders (4 each) will be cast and tested per each 100 cy or fraction thereof. The cylinders will be tested with one cylinder at 7 -days, two at 28 days, and one held in reserve. Batch plant inspection is not included in our scope and cost. D. Reinforcing Steel Observation of reinforcing steel for the paving and other cast -in -place concrete based on contractor supplied shop drawings will be performed on rebar for reinforced cast -in- place concrete elements. 3.0 ADDITIONAL SERVICES The following services are not included in the Basic Services and will be considered as Additional Services, if and when required or requested: • Additional hours or trips for the engineering technician beyond the specific hoursltrips detailed on the attached spreadsheets. • Additional engineering, site visits, report review and preparation time beyond what is outlined in basic services and detailed on' the attached spreadsheets. • Additional testing beyond that outlined in Basic Services on the attached spreadsheets. • The services of specialty sub consultants or other special outside services other than those described in Basic Services. s Any other services not specifically included in Basic Services and on the attached spreadsheets. 3079 Vintage Mvd-Denton CMT- August 2011.doc LANDTEC ENGINEERS 3 4.0 GENERAL 1NF®RMATiOhl We propose to provide construction materials testing and observation services for this project on a call-out basis. The contractor's superintendent will be responsible for providing notification for field testing. A minimum notice of 24 hours is requested so that we may effectively schedule our personnel. Tests will be conducted in all areas designated by the superintendent to be ready for testing at the time the technician is on site. Field test results will be given verbally to the superintendent before the technician leaves the site. Test reports will be submitted after the results are reviewed by a geotechnical /materials engineer. It will be the contractor's responsibility to track areas and/or items requiring retesting and to schedule retests. The presence of our field representative will be for the purpose of providing observation and field testing. Our work does not include supervision or direction of the actual work of the contractor, employees or agents of the contractor. Neither the presence of our field representative nor the observation and testing by our firm shall excuse the contractor in any way for defects discovered in his work. It is understood that our firm will not be responsible for the job or site safety on this project. Job and site safety will be the sole responsibi€ity of the contractor. 5.0 COST ESTIMATE As indicated in the introduction, the cost estimate provided herein is an 'estimate only". This is in part due to the fact that the project has not been designed at the time of this submittal; plans and specs are not available; and, the construction time frame is unknown. Cost Estimate for Vintage West Section: $ 29,600 Cost Estimate for Vintage East Section: $ 29,895 The actual cost will be dependent on the contractor's rate of work and scheduling of the various individual work elements. The total testing cost is determined by such items as the quantity of equipment and manpower on site, cubic yards of concrete placed per day, earthwork equipment, daily production and scheduling, weather conditions and numerous other items that are beyond LANDTEC's control. LANDTEC proposes to perform the Basic Services outlined herein on the basis of Time and Materials. The attached Cost Estimate sheets estimate the number of hours, tests, transportation, report preparation and review time. The spreadsheets also present the unit rates for the various activities. Cost for the items may vary; however, the total estimated amount w €11 not be exceeded without notification of the client and with client's approval. Client and LANDTEC may subsequently agree in writing for. additional services to be rendered under this agreement for additional negotiated compensation. 3679 Vintage Blvd - Denton CMT- August 2011.doc LANDTEC EIVOI 1EERS 4 Notes for the cost estimate are as follows: 1. Field test rates are charged per test in addition to technician hourly rates. 2. A minimum of four hours technician time and vehicle charge will be billed for each call out, sample or specimen pickup. 3. A minimum of four concrete cylinders will be charged fox each concrete placement. 4. A minimum of four in -place moisture- density tests will be charged for each trip to site to perform tests. 5. Technician time is charged portal -to- portal from our office. 6. Overtime rates are 1.5 times the regular rate for hours worked over 8 hours per day or hours before 7 :00 AM and/or after 5:86 PM. Lab and field services performed on Saturday, Sunday and holidays will be charged at 1.5 times the regular rate. 7. Additional tests not included in this proposal will be quoted upon request. We appreciate the opportunity to submit this letter proposal and look forward to providing construction materials engineering and testing services for this project. If you have any questions please call. Sincerely, LANDTEC ENGINEERS, LLC ��d� Ala -P.af Thomas D. Baker, P.E. Sr. Geotechnical Engineer) Principal Attachments: Cost Estimate Spreadsheets A -1 and A -2 3079 Vintage Blvd- Denton CM7- August 2011.cioc LANOTEC SNGINEERS S Construction Materials Testing Cast Estimate Vintage Blvd., Denton, Texas LANDTEC ENGINEERS 3078 Vintage Dlv[i-Denton -GMT cost August 201 9 xis A -1 812312419 Construction Materials Testing Cost Estimate Vintage Blvd„ Denton, Texas ILAN OTEC GNGINIEERS 3079 Vintage BW- Denton CMT Coe- August 201 S.xfs A -2 8/23/2011 m� �� �a d y E � U U �% ate. d Q ti. Blanton is Associates, ine, ENVIRONMENTAL CONSULTING • PLANNING • PROTECT MANAGEMENT January 14, 2011 Mark Burckhard, P.E. Graham Associates, Inc. 600 Six Flags Drive, Suite 500 Arlington, Texas 76011 Re. Proposed Scope of Services for Improvements to Vintage Boulevard) from Bonnie Brae Road to US 377, City of Denton., Texas Dear Mr. Burckhard: As requested, we have prepared the following scope of services to be provided by Blanton & Associates, Inc. ( "B &A ") for the proposed improvements to Vintage Boulevard from Bonnie Brae Road to US 377 in the city of Denton, Texas. The proposed improvements include the widening of a 0.85 mile segment of Vintage Boulevard between Bonnie Brae Road and US 377 from a two -lane facility to a six lane divided facility with curb and gutter. Under this proposal, B &A will prepare an environmental report in accordance with the North Central Texas Council of Governments' (NCTCOG) requirements for local environmental review. The report will include NCTCOG's Environmental Review Checklist for .Local Projects and supporting documentation for each section of the checklist as required. The NCTCOG's Draft Environmental Review Process for Local Projects is included as Attachment A. Environmental Report Documentation The environmental report will include NCTCOG's Environmental Review Checklist for Local Projects and supporting documentation for each section of the checklist. B &A will work closely with the Engineer and City of Denton to complete the local environmental review process outlined in Attachment A. Drat and fmal environmental reports will be submitted to the Engineer for processing. The following scope of services is based on associated field investigations and preparation of the environmental report. Project Information This section will describe the proposed project; project costs for engineering, existing and proposed right- of-way (ROW), utility relocation, and construction; need and purpose for the project; and alternatives considered during project development. 5 LAKEWAY CENTRE COURT, SUITE 2 0 0■ AUSTIN, TEXAS 7 8 7 3 4 PMoNE 512.264.1095 • FAx 512.264.1531 Proposed Scope of Services for Improvements to f iniage Road from Bonnie Brae to US 377 City of Denton J7anway 14, 2411 Page 2 Local Support and Coordination This section will list local planning documents that include this project, identify project consistency with other transportation, infrastructure, or community projects or plans, address compliance with the Americans with Disabilities Act, document any agreement executed with authorities /agencies, list local governmental approvals or permits obtained or required, and summarize public involvement and outreach to environmental justice and LEP populations. Right -of -Way Information This section will describe additional ROW needs, number of parcels affected by ROW acquisition, existing area land use, method for estimating ROW acquisition costs, potential relocations or displacements of structures, utility relocations or adjustments and potential conflicts, required utility permits, and potential project impacts on existing billboards. Based on typical sections provided the Engineer, it is anticipated that the project will be constructed within existing ROW. Cultural Resources Any anticipated impacts to dedicated publicly owned parkland, wildlife refuges, or recreation areas will be described. This section will also describe potential project impacts on archeological resources and historic resources based on literature review and field investigations. This section will document coordination with the THC and the local historic preservation commission (if applicable). Threatened and Endangered Species This section will document literature review, including the Texas Parks and Wildlife Department's (TPWD) Natural Diversity Database search results, and results of the habitat assessment to identify and address threatenedlendangered species issues. The assessment will focus on federal and state listed species of potential occurrence. Ecologically sensitive resources, if identified, will be mapped and described in order to assess the potential effects of project construction and operation. These tasks will include the appropriate literature and aerial photography review and field verification. Migratory Bird Treaty Act This section will document migratory bird observations and/or nests in the field and address project compliance with the Migratory Bird Treaty Act. Farmland This section will identify potential impacts to prune farmland soils and include form CPA -106, if applicable. Coordination with the Natural Resources Conservation Service may be required. Proposed Scope of Services for Improvensents to Vintage Road from Bonnie Brae to US 377 City of Denton .Iarmary 14, 2011 Page 3 Wetlands/Waters of the U.S. B &A will conduct and document evaluations of wetlands and other waters of the U.S. in all areas potentially affected by the proposed project, and a "jurisdictional waters finding" will be provided if necessary. The Engineer will notify the City of Denton if a Section 404 permit may be required and will provide technical data to the City of Denton for application to the U.S. Army Corps of Engineers. Water Quality This section will describe potential project impacts to water quality and identify expected permitting requirements. Floodplains This section will describe potential project impacts to floodplains and expected permitting requirements and coordination with agencies. Ye eta This section will identify and describe existing vegetation in the project area and potential project impacts. Mitigation for project impacts will address local requirements. Air Qlmk This section will discuss potential project impacts on air quality and measures taken to minimize construction emissions (MSAT and dust). Air quality sensitive receivers adjacent to the proposed project limits will be identified and described. Regulated Materials A standard American Society for Testing and Materials (ASTM} data search for potential hazardous material sites within one mile of the project site will be performed. The report will include a map and detailed information on sites identified. In addition, a visual inspection for potential hazardous materials will be performed within the existing and proposed ROW. Hazardous materials concerns for this project will be identified and applicable compliance with local, state, and federal regulations. Construction Impacts This section will identify and describe potential construction impacts on facilities and services in the project area and surrounding area. Impacts resulting from limited access or detours will be described and measures to minimize impacts will be discussed. Proposed Scope of Services for Improvements to Vintage Road from Bonnie Brae to US 377 City of Denton Jameary 14 2011 Page 4 Noise sensitive receivers near the construction area or along any detour route will be identified -and described. Noise abatement measures will be considered. Project Coordination This task includes communication with the Engineer, informal communication with the City of Denton, and resource agencies, and attendance at no more than three (3) coordination meetings by B &A personnel. All communication with the Engineer, resource agencies, and the City of Denton will be made a part of each project file. Assumptions This proposed scope of services is based on the following assumptions: I. A presencelabsence survey for federally endangered vertebrates will not be required. If the results of the habitat assessments indicate that a survey(s) is necessary, or the U.S. Fish & Wildlife Service determines one or more surveys are needed, it (or they) will be accomplished under a separate scope and budget. 2. Section 7 formal and informal consultation under the Endangered Species Act are not included in this scope of services. Section 7 consultation, if deemed necessary, will be accomplished under a separate scope and budget. 3. Impacts to wetlands or other waters of the U.S. are anticipated. However, activities associated with an Individual Section 404 (Clean Water Act) permit, pre - construction notification, and/or mitigation planning and formal coordination with the U.S. Army Corps of Engineers are not included in this scope of services. 4. This scope includes an archeological survey for the locally funded roadway portion but does not include testing and/or mitigation of sites. Testing and/or mitigation would be conducted under a separate scope and budget. This scope does not include intensive level investigations for historic properties. S. All necessary land access will be secured by the Engineer or the City of Denton. 6. Any mitigation plan that may be required as a result of regulatory coordination or consultation will be done under a separate scope and budget. 7. Preparation of a National Environmental Policy Act document is not included in this scope of services. S. This scope of services does not include planning, organizing, or holding any type of public involvement activity. Proposed Scope of Services for Improvements to Vintage Road from Bonnie Brae to US 377 City of Denton January 14, 2011 Page 5 9. This scope of services does not include formal coordination with any regulatory agency. 10. This scope of services does not include the preparation of a 4(f) or b(f) Evaluation. 11. This scope of services does not include a quantitative air quality analysis. 12. Permitting or state or federal funding requirements may affect this scope of services. Any additional work or field investigation as a result of permitting or other requirements will be done under a separate scope and budget. 13. This scope of services does not include a Phase 1 or Phase H environmental site assessment for hazardous materials. This scope does include a haz -mat database search and a limited field visit. Under this scope of services, B &A proposes to prepare the environmental report on a time and materials basis not to exceed $47,901.81. The budget estimate is included as Attachment B. Sincerely, Dean Tesmer Blanton & Associates, Inc. Attachments Submit by Email Print Form Attachment DRAFT Environmental Review Process for Local Projects March 5, 2009 This Page intentionally Left Blank. Environmental Review Process for Local Projects 1.0 BACKGROUND In 2007, the 80th Texas Legislature passed Senate Bill 792, redefining the way toll projects are delivered throughout the state and creating a process through which the market value of a project is determined. Following the 80th session, the Texas Department of Transportation (TxDOT), North Texas Tollway Authority (NTTA), and North Central Texas Council of Governments (NCTCOG) worked together to develop SH 121, a critical corridor in Collin, Dallas, and Denton Counties. The result was a $3.2 billion upfront payment to TxDOT by the NTTA for the right to develop, finance, design, construct, operate, and maintain the SH 121 tollroad project. Texas Transportation Code [43 Texas Administration Code (TAC) 2.1, Section 228.012] requires TxDOT to create a separate account in the state highway fund to hold this type of payment for each project, system, or region, and to hold money in a subaccount in trust for the benefit of the region in which a project or system is located. The responsibility for allocating money in the SH 121 subaccount has been assigned to the Regional Transportation Council (RTC), the transportation policy council of the NCTCOG. This subaccount will provide funding for the Regional Toll Revenue (RTR) initiative established by RTC, which will help construct numerous projects throughout the Dallas -Fort Worth region. For projects to be funded with money in the SH 121 subaccounts that are on the statelfederal roadway system (e.g., on- system) or include other state/federal transportation monies, the projects must comply with statelfederal environmental review, permitting, and other approval and public notice requirements [i.e., 43 TAC, Part 1, Chapter 2, Subchapter A and/or the National Environmental Policy Act (NEPA)]. Other projects to be funded with money in the SH 121 subaccounts that are not part of the statelfedera€ roadway system (e.g., off - system) and have no other state /federal transportation monies allocated to the project will not be required to comply with 43 TAC, Part 1, Chapter 2, Subchapter A, Rule 2.1(b)(3) as amended February 19, 2009, or NEPA. However, the entity responsible for implementing the project must comply with all environmental review and public involvement requirements applicable under state and federal law and a local environmental review focused on permitting and other approvals. Each project will require an agreement between TxDOT and the implementing agency. This agreement will include a section requiring NCTCOG review of the local environmental documents for projects funded under the agreement. Many local governments do not have a formal local environment review process for transportation projects. Some local agencies, such as the NTTA, Dallas Area Rapid Transit, and Denton County Transit Authority, have developed an environmental review that mimics NEPA documents for projects funded with local monies. This document is then approved by their respective boards rather than a federal or state agency. 2.0 OVERVIEW OF PROPOSED PROCESS To assist implementing agencies in fulfilling the local environmental review requirements that may riot have an established process, NCTCOG has researched and developed a local environmental review. The purpose of the review is to ensure the implementing agency is complying with applicable state and federal laws and regulations. Figure 1 shows the proposed process for completing the local environmental review. This local environmental review process must be completed before monies for either right -of -way acquisition or construction are distributed by TxDOT. 315!2009 1 Working Copy Environmental Review �T Process for Local Projects ]Figure 1: Local Environmental Review Process for ®ffffaSystem RTR Projects RTC Cali for Projects Project Selected j Is the Must Comply Yes Project on the State or with NFPA Federal System or has Other Federal or State Funding? / Must Comply with Local E=nvironmental Review Complete Local Environmental Review Review and Comment by NCTCQG Approval by Implementing Agency Submit Approval & Final Documentation to tVCTCOG (if revised) To facilitate and streamline the local environmental review process, an environmental checklist (Appendix A) and instructions (Appendix i3) have been developed to help ensure the implementing agency is complying with applicable state and federal laws and regulations. Once the local environmental process has been completed by the implementing agency, it should be submitted to NCTCQG a minimum of 60 days prior to approval by the implementing agency_ NCTCQG will review the form and provide comments to the implementing agency. The implementing agency may revise the document, as appropriate, and then gain local approval of the document. A copy of the approval and final document (if revised from the original submittal to NCTCCG) should be submitted to NCTCQG. 3/5/2009 2 Working Copy .. aa.b Appendix A: Environmental Review Checklist for Local Projects 1. Project Description 1A. Length 1 B. Scope of Work 2. Implementing Agency 3. Primary Contact for the Implementation Agency 4. Form Preparer 5. fate Form was Prepared 6. Project Costs: • Engineering • Right -af -Way • Utility Relocation ■ Construction • Total 7. late of Cast Estimate Name/Title: Phone: e -mail: Namel7itle: Phone: e -mail: Total Amount ($) ❑+ Amount Requested ($) S. TIP Number 9. Project Location Map Attached (p) Yes (0) No 10. Briefly describe the problems /issues and how the project will eliminate or help some them. Include any information concerning other alternatives considered during project development. 11. List the local planning document(s) that include this project (e.g., comprehensive plan, thoroughfare plan, long -range plan, CIP). Include the plan name, date, program year, project numbers,, etc. are associated with it. 12. Is the, project consistent with other transportation, infrastructure, or community (p) Yes (p) No projects or plans? If yes, list the plan/project name and agencylauthority. If no, list the plan./project and why this project is not consistent. 13. Is the project ADA compliant? (Ell Yes fill No 3/5/2009 A -1 Working Copy Appendix A: Environmental Review Checklist for Local Projects 14. Is the project along a transit, pedestrian, bicycle, or haul route? if no, go to 15. (p) Yes (p) No 14A. Will the project interfere, restrict, or otherwise permanently impact these (p) Yes (0) No routes? If no, go to 15. 14B. Has the proper authoritylagency been contacted? (El) Yes (CO No 15. Does the project cross or involve a railroad crossing (at -grade or grade- (p} Yes QJ No separated? If no, go to 16. 15A. Will the project change the number of at -grade roadwayirailroad (p} Yes (0) No crossings? 15B. Has an agreement with the railroad been executed? If yes, attach to form. (©) Yes (p) No 16. List any local governmental approvals (e.g., BoardlCouncillCommission) or permits that have been obtained (with dates) or will be needed for the project (with anticipated dates). 17. List the dates of meetings and any other efforts to inform the community about this project. 17A. In general, describe any comments received by the public. 17B. List the outreach efforts taken to include environmental justice and the LEP communities. Will additional right -of -way be needed? If no, go to 26. (p) Yes 18A. How much (total acres) is needed? 18B. How many parcels will be affected? 18C. Briefly describe the existing land use of the area(s) to be acquired. 18D. Will the right- of-wav be acquired using fair market value? 3/5/2909 A -2 Working Copy x Appendix A: Environmental � Review Checklist for Local Projects KwHi IN a ®• o 19. Will any buildings and/or structures be displaced? If no, go to 19. (0) Yes (0) No 19A. How many structures will be displaced? 19B. Indicate the number for each type: • Single- Family • Multi-Fan-illy Buildings and Units • Commercial • Industrial • Places of Worship • Public Facilities • Other 19C. Will relocation assistance be provided? (0) Yes No 24. Will utilities need to be relocated? If no, go to 21. (0) Yes (0) No 20A. List the type of utilities to be relocated and any special considerations that need to be known. 26B. Have utility conflicts been resolved? If yes, go to 21. If no, what are the (0) Yes (0) No procedures to resolve the conflicts and anticipated schedule for resolution? 20C. Have the required utility permits been obtained? If yes, list the types and (0) Yes (Q No dates. If no, list the types and anticipate dates, 21. Will the project affect the location or view of existing billboards? If yes, (0) Yes (0) No describe the location of the billboard(s) and effects. 3/5/2049 A -3 Working Copy -� Appendix A. Environmental Review Checklist for Local Projects ENVIRONMENTALINFORMATION OUR-CFS "K 22. Wil l. the project affect dedicated publicly v►ivrted parkland; wiidl.ife refuges;. yr :. (0} Yes (8) No recreation areas! If yes, describe the pr6b6rty affected,.t06 use, number of acreage.affecied.), andimpact. . 23::: Will the project disturb archaeological resources? % if.yes,.describe the resource (0) Yes (p) No and impact and attach the THC Mtigu'kties Permit... 24. Wili the project iinpact'or disturb`o'f any property.listed as a SAL. andlor. RTHI_ (0) Yes (0) No .a or Ilstea,.ort the.VRHP ?. if yes, describe the resource. (e.g. address) and impact and attach the THG M4 uities Pei-Mit.:. 25.1-ias this project been coordinated:with.the:THC ?. if yes,:attacti.all reievant (0) Yes (®) No .....canes . ondence - .::..:... . 26. Hare you. coordinated With'.yaur lacaE historic preservation organir_ationi: (0) Yes (p) Na n. construction plans. Include a'specJ: Jcation :that requires.ail work in the. }Yes {0) No area #o cease-a.rrkd contacted. 66 immei lately i1 a s i pected'areFieb.l.ogical obiectiartifact. is found or uncovered aurind coiistruction operations? located with.ln :tl 28A Has`coc survey.been 28E.. if yes; e cvrresponde eral threatened or endangered species. andlor.tlieir habitat (0) Yes (0) No bject area'. if..no, gold 3tion been initiated with :.(JSFUUS -and has a presencelabsence ( } Yes (p} No n the results of the coordination aril surv6y efforts and attach all relevant If no, when will the coardhliation lie initiated? . 28C.. Will the construction plans include.a . specification that requires . all work in (0) Yes (0) No the area to cease ana. contact USMS immediately if: a:suspe.cteci.federaily- listed` threatened or enrlangered.species is encountered during construction operations? ... 3/5/2009 A-4 Working Copy °"^ _• Appendix A: Environmental Review Checklist for Local Projects 29 Are there any state. threatened or ersslangered spe.cieSandlorthe:ir habitat (0) Yes (0) No located within the proposed .pr+nject area ?,.)f no, go tor. 2M. Has coordination been initiated wit h'TPWD ?.:. ` (D) Yes (p) No 2.9.6: if yes; Explain the results . of the' coordination' efforts and attach all. relevant correspondence. ......... . when. wr coordination >;e:initiate ?..::. 3. D_oes.the proposed -pi tit aiready in or c6mmM .rein lit' ofhe NkS:and`ai 3414:. Will the irnpa 34A:P Will a. F 14A.1i .Specify date) of`peM :...: Attach all (p) Yes (®) No (0) Yes (E#) No (p) Yes (0) No (0) Yes (p) No NWP: Date- (Q) Yes (Q) No 3/5/2009 A -5 Working Copy 38. Will the project :occur within; listed impaired water dthe.'TCEa( UX Nos ffie project been ca 38B. Have BMOS been inciud, 3% ©oes the irriplenienting agent 39A.: Will the project impact it 39B. Eacpiain how and.whai Frm Appendix A: Environmental Review Checklist for Local Projects (p) Yes (Q No (0) Yes ([3) No (0) Yes (p} No (p) Yes (CI) No 3/5/2009 A -5 .. Working Copy Appendix A. Environmental p Review Checklist for Local Projects o wrikoert 17 f %(C 50. What is the estimated time of construction? _ Years Months 51. Will the construction of the project limit access and/or require detours? If yes, (a Yes (Q No describe the impacts and hovel they will be minimized or mitigated during construction. 52. What types of facilities or services could be impacted during construction and how will they be notified of the construction project, changes in access during construction, or detours? Facility /Service Affected? Notification Method Who will betwas Notified? • Residences (0) Yes (0) No • Businesses (0) Yes (0) No • Hospitals, Fire, Police Stations (0) Yes (0) No • Emergency Services (EI) Yes (0) No • Public Facilities (0) Yes (0) No • (e.g., libraries, schools) • Transit Routes (0) Yes (0) No • Bicycle Routes (0) Yes (0) No Haul Routes (0) Yes (0) No 53. Are there any noise sensitive receivers near construction area or along the {0} Yes (Q) No detour routes? 54. Will the construction plans include specification. requiring the contractor (0) Yes (a) No Itoo make reasonable effort to minimize construction noise through abatement measures, such as work -hour controls and proper maintenance of muffler s stems. I certify the information provided in and regulations for the project. Signature: Name: accurately reflects the status of compliance with applicable laws Title: a FORM ATTACHMENTS Location Map (Question 9) ]] Railroad Agreement (Question 158) p THC Antiquities Permit (Question 23, 24) p THC Coordination Letters (Question 25) El USFWS Coordination fetters (Question 28B) US USACE IP Coordination Letters (Question 3413) 0 Floodplain Coordination Letters (Question 41B) p i Other Date: 3/5/2009 A -7 Working Copy Appendix A: Environmental Review Checklist for Local Projects This Page intentionally Left Blank. 31512049 A -8 Working Copy Appendix B: Instructions for Environmental Review Checklist for Local Projects �nstructions -The following are more detailed guidance to help in the completion of the Environmental Review Checklist for Local Projects. PROJECT INFORMATION Question 1 Project Description State the project name and physical limits (to /from or at). Question 1A Length State time length of the project in feet or miles. Question 'I B Scope of Work Briefly describe the work to be performed. Question 2 Implementing Agency State the name of the local agency purchasing the right -of -way and/or constructing the project. Question 3 Primary Contact for the Implementing Agency Provide the name, title, and contact information for the person from the implementing agency that is knowledgeable of the project. Question 4 Form Preparer Provide the name, title, and contact information for the person that prepared the form. Question 5 Date Form was Prepared State the date the form was completed. Question 6 Project Costs Under Total Amount, state the engineering, right - of -way, utility relocation, construction, and total for the project. Under Amount Requested, state the amount of funds being requested from the Regional Toll Revenue (RTR) for engineering, right-of-way, utility relocation, construction, and total. Question 7 Date of Estimate State the date of the estimate provided in Question 6. [question 8 TIP Number State the project number as listed in the Transportation Improvement Programs (TIP). The TIP is available at http : /Iwww.nctcog.orgitrans /tip/ Question 9 Project Location Map Provide a map of the location for the submitted project with sufficient information for a person to understand the precise location of the proposed project. Suggested to include but not limited to: aerials, site boundaries, road names, streams /Nvers and their labels, fioodplains, parcel boundaries, north arrow, legend, and a scale bar. Question 10 Need and Purpose Describe the specific problems and/or issues the project is addressing (e.g., travel demand, safety, system connectivity). Describe how the project will help eliminate or solve them, or improve existing conditions. Include any information concerning other alternatives considered. LOCAL SUPPORT & COORDINATION Question 11 Local Planning Documents List the local planning document(s) that include this project [e.g., comprehensive plan, thoroughfare plan, long -range plan, Capital Improvement Plan (CIP)j. Include the plan name, date, program year, project numbers, etc. Question 12 Project Consistency Confirm the project is consistent with other existing or proposed transportation, infrastructure, or community projects or plans. This includes plans by other transportation providers, Municipal Utility District (MUDS), and /or special districts. It should also consider requirements near airports. If it is consistent, list the plans and/or projects and agency /authority. Relative to the existing and proposed MUD facilities, is any further coordination required? If no, list the plans and/or projects and why this project is not consistent. 3/5/2009 B -1 Working Copy n K m Appendix B: Instructions for Environmental Review Checklist for Local Projects Question 13 Americans with Disability Act (ADA) Compliance Is the project compliant with applicable ADA standards? Question 14 Transit, Bicycle, Pedestrian, or Haul Routes Is the project along any fixed bus route, rail line, designated bicycle route, trail /pedestrian route, or designated haul route? Question 14A Impact on Designated Routes Will this project permanently interfere or impact these routes? Will this project prevent use of a designated haul route for overweight vehicles, regulated materials, or any other restricted/ permitted routes? Question 14B Designated Route Coordination If a designated route will be affected, has the proper authority /agency been contacted? Question 15 Railroad Crossings State if the project does or does not intersect an existing rail fine (freight or transit). Question 15A Change in the Number of At -Grade RoadwaylRallroad Crossing Will the project increase or decrease the number of at -grade crossings? If the number of at-grade crossings will be decrease, the agency may want to participate in the North Central Texas Council of Governments (NCTCOG) Railroad Crossing Banking Program, See http : / /www.nctcog.org/ trans /goods /RRCBP.asp for more information. Question 15B Railroad Agreement Has the railroad been contacted about the intersection? If an agreement has been signed, include it as an attachment to the form. Question 16 Local Governmental Approvals List any local governmental approvals (e.g., BoardlCouncil /Commission) or permits that have been obtained (with dates) or will be needed for the project (with anticipated dates). Question 17 Community Meetings List the dates of meetings (both previously held and 'planned) and any other efforts to inform the community about the project. This could include council /board meetings, presentations, listings in local newspapers or websites, or any other type of communication with the public about this project. Question 17A Public Comments Briefly describe the general sentiment (for and against) from the public regarding this project. Question 17B Outreach Efforts List the outreach efforts taken to include Title Vi populations including environmental justice and the limited English proficient (LEP) populations (See Box 1) that may be affected by the project. This could include efforts listed in Question 17 that were focused on these communities. For a non - English speaking community, was information or communication provided in any other language (e.g., advertising in a non - English newspaper)? Was translation offered or requested at meetings? BOX is Title VI including Environmental Justice, and Limited English Proficient LEP Community outreach for transportation projects should incorporate Title VI populations including environmental justice (Executive Order 12898) and LEP (Executive order 13166). T.itte Vi of the Civil RightsAa of 1964 states that no person is excluded from participation in, denied the benefit of, or subjected to discrimination under any program or activity on the basis of race, ccIor, national origin, age, sex, disability, or religion. Nlin _°rite: A minority population is defined as a group of people and/or community experiencing common conditions of exposure or Impact that consists of persons classified by the Cans us Bureau as. tJegro76lack/African- American, Hispanic, Asian or Pacific Islander, American Indian, Eskimo, or Aleut. Minority populations are typically identified using census block level data from the 2000 Census (see Box 2). Low - income: A love- income population is typically defined as a group of people and/or community, which as a whole, lives below the national poverty level as established by the Health and Human Services .Department (see http:llaspe.hhs.gov/ poverty/ ogPoverty.shtml ). Low - income populations are typically 'identified using census biock group level data from the- 2000 Census (see Box 2), LEP: An individual who do not speak English as their primary language and who have a I!mited ability to read, speak; write, or understand English. 'this includes persons-aged five years and older, persons who speak English "not well" or °not at ail," LEP populations are typically idantfed using census block group level data from the 2004 Census {see Box 2]. 3/5/2009 B -2 Working Copy Appendix B: Instructions for Environmental Mx- Review Checklist for Local Projects BOX 2. Using Census Data U5 Census data is available on -line at http://www.census.gov/mainANww/cer12DGQ-html. However, there are various data se Ls that provide a wide range of information. Thefollowing lists the data set that should be used to determine ethnicity, LEP population, and income level. . - For -race, Summary File 1: P7. • For Hispanic or Latino, Summary File 1: P11. ■ For LEP information, Summary File 3, Pig. • For median household income, Summary File 3, P53. Information in the Census is provided at three levels Census tracts A geographic region defined for the Purpose of taking a census. Usually these coincide with . the limos of cities, towns, or other administrative areas and several tracts commonly exist within a county. Census block group: A geographical unit used by the Census Bureau which is smaller than a census tract -but _ larger than a census block. It is the smallest geographical unit for which the bureau publishes sample . data, i.e., data which is only collected from a fractiori of all households. Census block: The smallest geographic unit used by the Census Bureau for tabulation of 100- percent data (data collected from all ho uses, -ratherthan a sample of houses). Blocks are typically bounded by streets, roads, or creeks. In cities, a census block may correspond to a city block, but in rural areas where roads are fewer, blocks may be limited by other features. The population of a census block varies greatly. RIGHT-OF-WAY INFORMATION Question 18 Additional Right -of -Way State if project will require additional right -of -way. Question 18A Amount of Additional Right -of -Way State the total amount (in acres) of additional right-of-way to be acquired. Question 18B Number of Parcels State the estimated number of affected parcels from which additional right-of-way will be acquired. Include the acquisition of both partial and full parcels. Question 18C Existing Land Use Briefly describe the existing land use (e.g., commercial, retail, industrial, residential, vacant, agricultural, undeveloped, floodplain) of the parcels to be acquired. Question 18D Right -of -Way Acquisition State if the property will be acquired based on fair market value. Question 19 Displacements State if any buildings and/or structures will be displaced. Question 19A Number of Structures Displaced State the total number of buildings and /or structures that will be displaced. Structures could include canopies or storage buildings. Question 19B Type and Number of Displacements List the type and number by single- family, multi - family buildings and units, commercial, industrial, places of worship, public facilities, and other. For multi - family or commercial properties, state the number of buildings and the number of individual units or spaces. Other could include quasi - public facilities (e.g,, electrical substation) and places of worship. Question 19C Relocation Assistance State if relocation assistance will be provided for displacees. Typically, when a project requires that a homeowner, lessee, or business be displaced, the owner /occupier is notified and assistance in the form of guidance /resources will be made available to locate a comparable unit and that funds are available to relocate. The intent is to lessen the displacee's inconvenience. Question 20 Utility Relocation Construction projects may require above ground (e.g., telephone poles, power lines) or below ground (e.g., water lines, gas lines) to be relocated. State if any utility will require relocation. Question 20A Special Considerations List the type of utif ties to be relocated and any special considerations that need to be known such as limitations on the time of interruptions, special agreements, etc. 315/2009 B -3 Working Copy Question 20B Utility Conflicts Conflicts occur when either existing utility lines lie within the construction limits of the project and must be moved to accommodate construction, or future utility line lie within the construction limits. If the proposed plans have been reviewed and comments received from appropriate utility companies, check yes. if no, discuss how and when any utility conflict will be resolved prior to construction. Question 20C Utility Permits Have the required utility permits been obtained? If yes, list the types and dates. If no, list the types and anticipate dates. Question 21 Billboards Are there any billboards that will be removed by the project? Will the project affect the view to existing billboards? If yes to either question, describe; the location of the billboard(s) and effects. Does the implementing agency or local jurisdiction have an ordinance restricting the relocation of billboards? ENVIRONMENTAL INFORMATION Cultural Resources (See Box 3) Question 22 Parks, Wildlife Refuges, or Recreation Areas Rased on ownership and zoning, will the project affect publicly -owned dedicated parkland, wildlife refuges, or recreation areas? If yes, describe the property affected, type (e.g., use, overall acreage, facilities), and impact. Do not include private recreational areas such as privately -owned golf courses. Question 23 Archaeological Resources Will the project disturb archaeological resources? If yes, describe the resource and impact. In the event that the project may affect a known archeological and/or historic site, an Antiquities Permits may be required. An archeological permit may be issued only to a professional archeologist who meets the definition of a principal investigator as defined in Title 13, Part Ii, Chapter 26 of the Appendix B: instrvcfions for Environmental Review Checklist for Local Projects BOX 3. Leg al and Red u latory Context for Cultural Resources Chapter 26 of the Texas Parks and /Wildlife Code was established to protect any publicly owned land designated or used as a park, recreation and scientific area, wildlife refuge, and historic site from being used or taken by state or local agencies far other public projects, Chapter 26 applies to all local projects. Section 26.001 of Chapter 26 states that that an agency cannot use or taking these properties unless it is determined that: (1) there is no feasible and prudent a Item ative to the use or taking of such lard and (2) the project includes 211 reasonable planning to minimize harm to the land, as a park, recreation area, scientific area, wildlife refuge, or historic site, resulting from the use or taking. Chapter 26 also requires a public hearing an any taking of public parkland.. Section 26,001 states that (b] A finding required by Subsection (a) of this section may be made only after notice and a-hearing as required by this chapter. (c) The governing body or officer shall consider clearly enunciated local preferences, and the provisions of this chapter do not constitute a mandatory prohibition against the use of the area if the findings are made that justify the approval of a program or project. Chapter.26 exc €udes parks, recreation areas, or wildlife refuges in certain cases. Section 26,004.. provides that a department, agency, board, br political subdivision having control of the public land is not required to comply with this chapter if; (1 ) The land is originally obtained and designated for another public Use and is temporarily used as a park, recreation area, or wildlife refuge pending its use for the originally designated.purpose; . (2) The program or project that requires the use or taking of the land being used temporarily as a park, recreation area, or wildlife refuge is the same program or project for which the land was originally ebtained and designated; and (3) The land has not been designated by the department, agency, political subdivision, county, or municipality for use as a park, recreation area, or wildlife refuge before September t_, 1975. The Antiquities Code of Texas (ACT) (Texas Natural Resources Code of 1977, Title 9, Heritage, Chapter 191).must be followed for loca[ projects (http:Uwww.thc.state.tx,us/ rulesregs /RulesRegsPDF /Antiggode.pdf). This code established.the Texas l Historical Commission (THC) as the legal custodian of cultural resources, historic and prehistoric, within the public domain of the State of Texas (Section . 199.051). The authority of the THC extends to designation and protection of State Archeological Landmarks (SAL), which can be historic buildings and structure, shipwrecks, or archeological sites. Cultural resources located on land awned or controlled by the State of Texas, or one of its cities or counties, or other political subdivisions, are protected by the ACT. ACT requires state agencies and political subdivisions of the state, including cities, counties, river authorities, municipal utility districts and school districts to notify the THC of any action on PUN land involving five or mere acres of ground disturbance; 5,000 dr more cubic yards of earth moving; or any project that has the.potential to disturb recorded historic or archeological sites. 3/5/21309 B_4 Working Copy r•a „.;„, Appendix B: Instructions for Environmental Review Checklist for Local Projects historians and architects must meet the qualifications fisted in Chapter 26 to be eligible to Texas Administrative Code (`fAC). Similarly, receive antiquities permits for work on designated buildings. The text of both the Antiquities Code and the rules are available at http.,I/www.thc;.state.tx.us/ruissregs/rrstate.shtrni. For known archeological resources, background research and a reconnaissance survey should be conducted for the existing and areas of proposed right -of -way. The background search could include an examination of existing archeological site files at the Texas Archeological Research Laboratory (TARL) and the Texas Historical Commission (THC) existing archeological records, soils data, geologic data, topographic data, and pertinent historical records to determine any previously recorded archeological sites within the project limits. For archeological procedures, tail Dan Potter (512.463.8884) at the THC. Question 24 Historic Properties Will the project impact or disturb of any property listed as a State Archeological Landmarks (SAL), Recorded Texas Historic Landmarks (RTHL), and/or listed on the National Register of Historic Places (NRHP)? If yes, describe the resource (e.g., list address) and impact. The locations of SALs, RTHL, and NRHP- fisted properties are available on -line at http:llatlas.thc.state.tx.us /. For projects that may affect any of these properties, the implementing agency is required by law to fill out Antiquities Permit and submit form, description, photos, etc. to THC. THC will review exterior and interior (of public spaces). Question 25 THC Coordination Has this project been coordinated with the THC? If yes, attach all relevant correspondence. The THC should be contact as soon as the project is defined (e.g., typical section, preliminary plan /profile, scope of construction and right -of- way impacts). Local governments should call THC to verify RTHL and SAL locations [in Tarrant County, the contact is Caroline Wright (512.463.6214) and in the region north central Texas counties, the contact is Adam Alsobrook (512.463.6183)]. Question 26 Local Coordination Historic preservation efforts should be coordinated locally. As a minimum, each county has a historical commission and most municipalities_ have local historical commissions (see http./Avww,thc.state.tx.us/ctycommissions/chcdefa ul#.shtml for a listing of contacts). Question 27 Discovery during Construction . Research and field investigations may not reveal all archeological sites. During the course of construction, archeological objects or artifacts may be discovered. The construction plans should include a specification requiring the work in that area of the project to stop. The implementing agency should then contact the THC immediately. Threatened and Endangered 5 ecies See Box 4 Question 28 Federal Threatened or Endangered Species Identify any federal threatened or endangered species listed by the US Fish and Wildlife Service (USFWS) in the project area or the presences of their habitat. The list of threatened and endangered species and habitat can be found on the USFWS website at: hfp: //www.fws.govi so uthwestles /E ndang a redSpeciesli fists /. Question 28A USFWS Coordinations Send a written coordination letter to USFWS to verify presence of federal threatened or. endangered species if potential of certain species may occur in the project area. Utilize personnel certified to conduct presencelabsence surveys for the targeted species that has potential to occur in the project area. Question 28B USFWS Coordination Explain the response the USFVVS has given from prior coordination and the results of the presence absence survey. If neither has taken place, verify when the coordination will occur. 3/5/2009 B -5 Working Copy 0 Appendix B: Instructions for Environmental Review Checklist for Local Projects Question 28C Threatened or Endangered Species During Construction Verify if statements in the engineering plans call for specific actions if threatened or endangered species are discovered during construction. Question 29 State Threatened or Endangered Species identify any state threatened or endangered species that may be located in the project area; use the list by county provided through the Texas Parks and Wildlife Service (`TPWD) website at; http://gis.tpwd-state.tx.us/TpwEndangeredSpecies ID e sktop D efa u lt. a spx Question 29A TPWD Coordination State if any written coordination has occurred with TPWD for potential impacts to state threatened or endangered species identified in the proposed project area. Question 29B TPWD Coordination Summarize TPWD's coordination response and any additional coordination or surveys required by TPWD. If no coordination has been initiated, state when coordination would occur. Mi—gratory Bird Treaty Act (See Box 41 Question ail Presence of Migratory Birds State if migratory birds jail birds with the exception of the European starling and the rock dove (pigeon)], were observed in the proposed project area. Question 31 Presence of Nesting Sites State if migratory bird nest were located in the proposed project area. Include the types of nest (e.g., nest in trees, under bridge, on the ground) and the abundance (e.g., a few nest, multiple nesting area), Question 32 MBTA Compliance during Construction Do the construction plans provide any specifications in the construction plans for addressing migratory birds which could include avoiding construction during nesting season, destroying nest during non - nesting seasons to prevent reuse of nest, or netting around bridges during nesting season to prevent migratory birds from utilizing the area underneath the bridge for nesting? Endo —� Designation that denoted the entire species appears to be in danger of Wncfion. Threatened: A designation that indicates a species for which protective measures appear to be required to prevent it from becoming endangered. The Endangered Species Act of 1973, as amended prohibits the °ta king " of fisted species and the destruction of habitats critical to the survival of federally - listed species, The word "take," according to the 50 CFR 17.3, includes "harass, harm, hunt, shoot, wound, kill, trap, capture, or collect, or atternpt.to engage in any such conduct." In this context, "harm means an act that actualfy kills or injures protected wildlife. This has been interpreted to include substantial habitat modification or degradation that results in actual injury or death to listed species (i.e., impairment of . essential behavior patterns). - The Bald and Golden Eagle Protection Act 06 11SC: 668- 668d) of 194.0, as amended. The Said Eagle was remo-Ved from the federal threatened and endangered list (effective August 8, 2007). Nowevar, they are now afforded Protection under th.e Bald and Got den. Eagle Protection Act gives similar protection to the endangered species act. This act - prevents a person to "take, possess, sell,: purchase, barter, offer to. sell, purchase or barter; transport, export or impart, at any time or any manner, any Bald Eagfe...for any Golden Eagle], alive or dead, or any part, nest, or egg thereof." The act defines"take" as "pursue, shoot, shoot at, Poison , wound, kilt, capture, trap, collect, molest, or disturb." The State of Texas has simHar.legislation regarding state listed species (Section 65.171 -176 and 69,09 -69.9 of the TAC). The TPWD has the respo nsib 11 Ity of listing species within the state. In addition, the Parks and Wildlife Code, Chapters 68 and 88 for'the State of Texas contain the regulationse endangered species and plants. Both the state and federal laws afford protection to the organism from direct taking. However, state laws do not include prohibitions on impacts to habitat, only to activities that would directly irnpact a listed species. The Migratory Bird Treaty Act (MBTA) of 191 i3 was a treaty that was signed by the US, Japan, Canada; Mexico, and Russia. The law affords protection to virtually all migratory birds, including their parts, nests, of eggs, The MBTA affords protection to of e'r 800 species of birds. 3/5/2009 B -6 Working Copy 0 - I Z. 1-11 Appendix B. Instructions for Environmental Review Checklist for Local Projects Farmland Question 33 Impacts to Prime Farmlands Identify if prime farmland soils are in the project area. Prime farmland soils can be found through the Natural Resource Conservation Service (NRCS) at: http :llsolidatarnarLnres.usda.gov /. WetlandsMlaters of the US See Box 5 Question 34 Impacts to USACE Wetlands, Water Bodies, or Streams Will fill (dirt, columns, roadway, etc.) be placed in any streams, ponds, lakes, or jurisdictional wetlands? It is highly recommended that a person trained in wetiand delineation perform this task. Definition of waters of the US can be found at: http://www.epa.govlwetiands/gLildence/ CWAwaters.html. For wetlands, see: hftp:/Iwww.wetands.com/regs/tlpgeO2e.htm. Question 34A Authorization cruder Nationwide Permit (NWP) Will the impacts of the proposed project fall under the minimal impacts of a NWP? A listing of the types of NWP and the allowable impacts can be found at: hftp:/Awm.,swf.usace.army.mil/ pubdatalenvi ronlreg u latorylpermitti nglnwpl20071 index.asp. Question 34A.1 'Preconstruction Notification Some NWPs require coordination to occur between the permitee (implementing agency) and the US Army Corps of Engineers (USACE) from a certain impact threshold amount. A listing of the types of NWP and notification requirements can be found at: http. /Iwww.swf.usece.army.mill p u b datalen vi ronlreg u l atorylperrnitti n glnwpl20071 index.asp. State if a preconstruction notification needs to occur. Question 34A.ii NWP Permit State which NWP number will be used and include the date of issuance from the USAGE or anticipated date of issuance for ali preconstruction notification (PCN) NWPs. Question 34B USACE Issuance of Individual Permit (IP) List the date (or anticipated date) of permits. Attach all relevant correspondence. Record the status of the Individual permit process with the USAGE. BOX 5: Le al and Regulator Context for 5ec#ien 404 Permitting A wetland is those areas that are inundated or saturated by surface ar.ground water at a frequency and duration sufficient to support, and that under normal circuimstanees do support, a prevalence of vegetation typically adapted for life in saturated .soil conditions, Wetlands generally include swamps, marshes, bogs, and similar areas. When making wetland determinations, the . JUSACE Uses-three, characteristics of Wetlands {vegetation, soil, and hydrology) as defined by the USACE 1987 Wetlands Delineation Manual. Jurisdictional water, also known and waters of the US, include water features such as intermittent streams, playa lakes, 'prairie potholes, sloughs, and wetlands. Section 404 of the Clean Water Act requires a permit for activities that would _res.uIt in fill of j uri sdictional waters of the US. These permits tould be €ndividual Permits (I Ps) or General Permits. General Permits include Both regional and nationwide'permits. There are almost 50 typss of Section 404 NWPs. Typical permits used fo r tra n sp ortation construction activities include: NWP 7 = Outfall Structures and ASSQCIated intake NWP 13 —Bank Stabilization NWP 14 -- Linear "transportation Projects NWP 18 — Minor discharges NWP 25- _Structural Discharges NWP 33 -_ Temporary Construction, Access, and Dewatering in North Texas, all Section 404 permitting would be coordinated with the-Regulatory $ranch, Fort Worth District of the USACE. The USACE is responsible for confirming all jurisdictional determinations as well as establishing the appropriate.perrnitting avenue. Water Quality (See Box Q Question 35 USACE Permit Will the proposed project require any type of USACE permit (Question 34 would have received a "yes' answer). Question 35A Amount of Impacts Will the impacts to waters of the US identified in Question 34 be greater than three acres of lakes, ponds, or wetlands or 1,500 linear feet of streams? 3/5/2009 B -7 Working Copy Question 35A.i Tier it Section 401 Water Quality Certification A Tier 11 Section 401 Water Quality Certification will be required for impacts the have exceeded the amounts in Question 35A. The Tier 11401 Certification Questionnaire and Alternatives Analysis Checklist can be found at: http:llwww.tc-e q. state.tx. uslp e rm itti ngl water qualitylwq_ assessrnent1401certification1401 certification tier2.html. State the status of the Tier 11 water quality permit with the Texas Commission of Environmental Quality (TCEQ). Question 35A.ii BMPs during Construction Have Best Management Practices (BMP) such as silt fences, rock berms, etc. been included in the construction plans as part of the Tier 11 process? Tier 1 BMPs (see itp:llftp.dot.state.tx.us/publtxdot- i nfoll i b ra ryl p ubslb usltcegltie r 1 _ch eckl i st. pdo can be used but must be approved by TCEQ. Question 35B Tier I Section 401 Water Quality Certification Checklist Was a Tier 1 water quality certification from TCEQ obtained and included in any permit or preconstruction coordination with the USAGE? The Tier I checklist can be found at: ftp:llftp. dot. state, tx. uslpu bltxd of -i nfoll i b ra ryl p u bslb u sltcegltierl _ch eck li st, pdf. Question 36 Amount of Impacts State if the project will disturb non -paved areas (i.e., "turn dirt") over more than one acre but less than five, including any temporary work in easements. Question 36A Texas Pollutant Discharge Elimination System (TPDES) General Permit for Construction Activity All TPDES permits require a Storm Water Pollution Prevention Plan (SW3P) be completed which includes water quality items such as silt fences, rock berms, etc. Information can be found at: http:l lwww .tceq.state.tx.us/permitfing/ water_quaIjty/stormwater/TXR1 5-1—to-5.html. Appendix B: Instructions for Environmental Review Checklist for Local Projocts BOX 6: Water Qua Iity Legal and Rea uIatan+ Context Section 401 of the Clean Water Act (CWA) requires states to certify that a proposed CWA Section 404 permit would not violate water quality standards. The TCEQ issues Section 4.09 water quality certifications for projects. prior to approval o the Section 404 permit from the USAGE. Initiating the Section 404 process with the USAGE automatically initiates the 401 certification process, One aspect of a Section 404 IP is the requirement for Section 401 water quality certification. For Section 404 IN with impacts of less than three acres or 1,500 feet of linear stream, wrier I Water WalityiCtifiercatlon Checklist must be submitted with the Section 4041P package. For impacts of greater than three acres or 1,560 feet of linear stream, a Tier II individual review would be required, which. Indudes an alternative anafysls. The design and construction would include construction and post - construction Best Management Practices (BMPs) to manage storm water runoff and control sediments. For projects disturbing over one acre, Texas Pollutant Discharge Elimination system (TPDES) General Permit No. TXR150000, under provisions of Section. 402 of the CWA and Chapter 26 of the Texas Water Code, require contractors to comply with conditions in the General Permit for Construction Activity. This requires preparation and implementation of a SW3P in addition to adherence to rigorous BMPs designed to reduce or eliminate impacts to water resources, This permit would include BMPs. to control total suspended solids that could be introduced into surface water, The Texas Water Quality Inventory Report describes the status of Texas waters based on historical data on surface - water and groundwater quality, and the Section 303(d)'Iist identifies water bodies that are not meeting standards set for their use. The reports satisfy the requirements of the federal CWA for both Section 305(b) water - quality reports and Section 303(d) Iists: TPDES Municipal Separate Storm Sewer Systems [M54s1= The Phase 11 storm water rule requires operators of certain small MS4s to develop and implement a storm water program. In an effort'to further improve water quality in streams, fakes, bays and estuaries, the EPA developed the storm water program to control polluted runoff from urban areas. Phase I of the program, issued in 2990, requires cities with a population greater than 100,600 to develop storm water management programs. Phase 11 is the second stage of the EPA's storm water management program requirements, It ,affects many small cities, some counfies, and other entities that operate municipal separate storm sewer systems in urbanized and other densely populated areas. The TCEQ, the Phase 11 regulatory authority in Texas, is responsible for identifying the designated populated areas. Each regulated small MS4 is required to submit a Notice of Intent (NOi) to obtain storm water pemiit.coverage, typically py complying with the Phase it general permit requirements. Six minimum control measures must be addressed to control poll uted. storm water runoff .The initial submission for permit coverage must detail the programs., activities and measurable goals that will be implemented over the. five -year permit term to comply with the permit requirements Reports detailing the progress of the storm watcr'management program (SWMP) must be submitted to the TCEQ on an annual basis for the first permit term. 3/512009 B -8 Working Copy 0 Appendix 8: Instructions for Environmental °71=- Review Checklist for Local Projects Question 37 Amount of Impacts Verify if the project will disturb more than five acres of non -paved areas (i.e., "turn dirt "). Question 37A NO[ with TCEQ A notice of intent (NO[) must be sent to TCEQ detailing your SW3P. The NOI can be found at: http://www.tceq.state.tx.us/assets/publicJ perm itti nglwaterq u a l itylform sl10382. p df. Question 38 TCEQ Section 303(d) Will discharge from the project flow into or five miles upstream of impaired waters listed by TCEQ. A listing of Section 303(d) impaired waters can be found at: http://www.tceq.state.tx.usloompliance/ monitoring/water/quality`/data/08twqi/twq*iQS.html. Question 38A TCEQ Maximum Daily Loads Water discharge that could affect Section 303(d) waters will require coordination with TCEQ for the total maximum daily loads of potential pollution into these impaired waters. The program and coordination can be found at: http.,//www.tceq.state.tx.usrimplementation/ waterltmdll. Question 38B BMPs during Construction Potential discharge that could affect Section 303(4) waters need to follow the Tier I BMP checklist (see ftp:/Iftp.dot,state.tx.uslpubltxdot- i nfoll i bra rylpu b slbu sltceglti a r1 _c h eckl i st. pdo. One BMP from each category: erosion control, sedimentation control, and total suspended solids should be included in the" plans. Question 39 Municipal Separate Storm Sewer System (MS4) Permit Is this implementing agency a public agency and does it posses a storm water collection system (ditches, curbs, gutters, etc.)? MS4 information can be found at: http: / /www.tceq.state.tx.us/ permiftinglwater qualitylstormwaterlWQ_ms4_def inition.html. Question 39A Impact to MS4 Permit Will there be discharges Into the MS4? Verify if runoff from the project wiil flow into a municipal storm water system. Question 39B Mitigation for MS4 Explain any mitigation for discharging into an MS4 system. Impacts and mitigation examples can be found at: http:ltwww.tceq.state.tx.us /permitting/ water qualitylstormwaterlWQ rns4 AIR,htmi Fioodplains Question 40 Trinity River Regulatory Zone Document if the project will require any work, including pavement, structures, dirt disturbance, or temporary structures in the Trinity River Regulatory Zone (see Box 7). Contact the local Corridor Development Certificate (CDC) /Floodplain administrator to determine if the area lies in the Trinity River regulatory zone. Information on the CDC can be found at: http,./Iwvvw.nctcog.dst.tx.us/ envir /SEEsafe /fpm /cdc/index .asp. Question 40A CDC Coordination Complete a CDC based on the recommendations of the CDC /Floodplain administrator and send back to the administrator. BOX 7: Corridor Development Certificate fCDC„� The CDC process aims to stabilize flood risk along the Trinity River. The CDC process does not prohibit floodplahi deveiopment, but ensures that any development that does occur in the floodplain will not raise flood water levels or reduce flood storage capacity. -With the CDC process, local gover6mapts retain ultimate control overflvodplain permitting . _decisions, but other communities along the Trinity River Corridor are given the opportunity to review and comment on pecjects in their neighbor's ju Cis dicticn. Under the CDC process, a CDC permit is required to deve[Qp land within a specific area of the Trinity flood plain called the Reg ulatory Zone, which is similar to the I00 -year iioodpiain. As of the adoption of the 3rd Edition of the Corridor Development Certificate {CDC) in gepteniber 2002., no CDC regulatory map was available for consideration by the rood Management Task Force or the Trinity Steering Committee. Instead, the in terpreta iJ on by the Iocal CDC ,Administrator of the FEMA 10 0 year floodplain was to be used as the "regulatory zone." The Federal E=mergency Management Agency (FE MA) .Mapping in{onrlatlon can be 'viewed at the l EMA Map Service. Center (www.rosc,fema.gov). Howdver, the floodplain administrator will provide the tina[ determination on projects subject to the CDC Process. 3/5/2009 B -9 Working Copy Question 41 Changes to '100 -Year Water Surface Elevation Will the project require work in the 100 -year floodplain and change the function and flow and the existing floodplain? Information on the Federal Emergency Management Agency (FEMA) 100- year floodplain can be found at: http : //m sc. fema. g ov /we b a pplwcs /stores /servlet/Fe maWelcomeView ?storeld =10001 &catalogld= l 000 1 &langld = -1 &userType =G. Question 41A Coordinated with the Local Fioodplain Administrator and LISACE Coordinate with the local floodplain administrator (or t1SACE on 'their regulated lakes) for potential impacts and changes to the 100 -year floodplain. Vegetation Question 42 Impacts to Existing Vegetation or Trees Will the project remove or impact ground vegetation (such as grading) or completely remove any trees? Question 42A Mitigation Removal of vegetation and trees should be mitigated per local municipal laws (i.e., tree ordinances, open space ordinances, and landscaping requirements) and should be include in the construction plans. Question 428 Types of Mitigation Check if any of these statements will be included as part of the project: avoidance of vegetation disturbance, mitigation for vegetation and trees, native plants used to for revegetation, xeriscape (drought- tolerant plants) used in landscaping, and following local landscaping aesthetic requirements. Air Quality Question 43 Air Quality Improvement Air quality improvements, derived from transportation projects, are generally relate to improvements in the movement of traffic. Typically, transportation improvements that would .4Qaaaeradix B: Instructions for Environmental Review Checklist for Local Projects Improve Improve air quality include improvements to help reduce congestion and improve traffic flow, improve transit service, or encourage ridesharing or promotes other travel modes. Question 44 Air Quality Sensitive Receivers Are there any air quality sensitive receivers immediately adjacent to the project? Sensitive receivers are defined as public and private schools, licensed day care facilities, hospitals, and elderly care .facilities. Question 45 Air Quality during Construction Will the construction plans include specifications require making reasonable effort to comply with local, state, and federal regulations, pertaining to construction equipment emissions and /or construction equipment work hour restrictions? Regulated Materials Question 46 Visual Inspection Has a visual inspect of the proposed project area been conducted to search for hazardous materials (i.e., leaking drums, stressed or dead vegetation from some unknown contamination). Question 47 Right -of -Way Acquisition from Regulated Material Sites State if the proposed project will require additional Property from a site handling regulated materials' (e.g., gas station; dry cleaner, auto repair) or is located near a known site of hazardous materials. Question 48 Construction Spill Prevention/Response Plan State if the implementing agency has a contingency plan for preventing construction spills and a response plans for accidental discovery of hazardous and/or contaminated materials. Question 49 Regulated Materials during Construction State if the current construction plans follow all applicable laws and regulations for hazardous materials on the construction site. 3/5/2009 6 -10 Working Copy RGY1..n� Appe►adix 19: leastruciioras for Erauiranraaental Review Checklist for Local Projects CONSTRUCTION IMPACTS (question 50 Construction Time What is the estimated time of construction? Question 51 Access and Detours during Construction Wili the construction of the project limit access and/or require detours? if yes, describe the impacts and how they will be minimized or mitigated during construction. Include the locations, duration, types of businesses or Properties affected, and proposed mitigation (e.g., additional signage, temporary driveways) to lessen impacts. Question 51 Notification of Access Changes and Detours during Construction List the types of facilities or services that could be impacted during construction. List how property owners, renters, motorists, transit riders, cyclists, pedestrians, emergency service providers, and /or community services (e.g., garbage collection) will be notified of the construction project, changes in access during construction, or detours. Question 53 Noise Impacts during Construction Are there any noise sensitive receivers near construction area or along the detour routes? Noise sensitive receivers are defined as those lands which require serenity and quiet, and where the preservation of those qualities is essential if .the area is to continue to serve its intended purpose. An example of a sensitive receiver is an outdoor theater. Question 54 Mitigation of Noise Impacts during Construction Will the construction plans include specification requiring the contractor to make reasonable effort to minimize construction noise through abatement measures, such as work -hour controls and proper maintenance of muffler systems? CERTIFICATION Have the completed form signed by an authorizer! person. Include the date, printed /typed name, and title. ATTACHMENTS As appropriate include the requested attachments to the form. 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E; �.. ; w » \ / � �\ I pto cu cd ka \ }\ IN I- I L \ � G] Ci d oho M r�9 r� 7 N R 8 �• � » 8 5i: » d n n � i. � C..� v°6•: F _ d� Nn m a Ski:::.. $ S 8 9 .9 go a�5 pp 51 �e3 0 AGENDA DATE: DEPARTMENT: ACM: SUBJECT AGENDA INFORMATION SHEET August 20, 2013 Materials Management Bryan Langley at Questions concerning this acquisition may be directed to Frank Payne at 349 -8946 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement for preliminary design and engineering services with Graham Associates, Inc. relating to the widening of and improvement of Bonnie Brae Road from Interstate Highway 35 East to north of Scripture Road in an amount not -to- exceed $292,575.68; providing for the expenditure of funds therefor; and providing an effective date (File 5329 - awarded to Graham Associates, Inc.). BACKGROUND Transportation Improvement Program (TIP) Modification The City of Denton applied for Regional Toll Revenue (RTR) funding from State Highway 121 tolling proceeds for several major transportation projects in August 2007. In August 2008, the Bonnie Brae project was selected for funding with RTR funds. The approved project extents for the improvements to Bonnie Brae Road spanned from U.S. Highway 377 on the south end to IH35E on the north end. The State approved the City's contract for Bonnie Brae in September 2009, paving the way for execution of an Advanced Funding Agreement (AFA) between the Texas Department of Transportation (TxDOT) and the City for the receipt and use of funds for the development and constriction of the project. After approval of the AFA at City Council in February 2010, the agreement was sent on to the State for execution. A fully executed AFA was received by the City in March 2010. Shortly thereafter, staff proceeded with the solicitation of qualifications from various consulting firms and evaluated submittals for the design of the project. The City Council approved a contract with Graham Associates for the design of the Bonnie Brae Road Widening and Improvements project on October 19, 2010. The total estimated costs included in the AFA for the Bonnie Brae project was $57,689,189.00, with 80% of this amount ($46,151,351.00) coming from RTR funding and 20% ($11,537,838.00) from local match. Denton County Precinct No. 4 has agreed to provide $2,000,000.00 of the local match, with the remaining $9,537,838.00 being provided by the City of Denton. The original funding breakdown per source by fiscal year was as follows: Agenda Information Sheet August 20, 2013 Page 2 BACKGROUND (CONTINUED) FUNDING AMOUNTS PER SOURCE BY FISCAL The consultant and City have been moving forward with design activities, including property acquisitions, hydraulic modeling, environmental permitting, and detailed design through to 60% completion between Vintage Boulevard and IH35E. On July 17, 2012, staff presented a recommendation to City Council to modify the original scope and funding allocations on the project to include the removal of improvements to Bonnie Brae Road south of Vintage Boulevard to U.S. Highway 377 and to reallocate funding remaining in the Bonnie Brae Road project to offset City funding for the widening of Vintage Boulevard, for the widening of Bonnie Brae Road from just north of Scripture to U.S. Hwy. 380 and for the acquisition of Right of Way (ROW) for the future widening of Bonnie Brae Road from IH35E to just north of Scripture. Approval of the Regional Transportation Commission (RTC) and TxDOT was sought; however, the scope of the funding reallocation was modified somewhat as a result of discussions with the North Central Texas Council of Governments ( NCTCOG) staff ( NCTCOG is the organization through which the TIP modification application had to be submitted). NCTCOG would not allow the inclusion of Vintage Boulevard from IH35W to Bonnie Brae, but would allow the inclusion of Vintage from Bonnie Brae to U.S. Highway 377 as a substitute for the section of Bonnie Brae south of Vintage Boulevard that was removed from the original project scope. The TIP modification that was carried forward for approval was therefore as follows: MODIFIED FUNDING AMOUNTS PER SOURCE BY FISCAL YEAR (FINIAL) STATE CITY I ENCOPCT. 4 ANNUALTOTAL FY2010 5,159,507. $1,06'6,286.05 $223,590.73 $6,449,383.78 FY2011 $2,058,951.00 $425,511,73 $89,226'.03 $2,573,688.76 FY2012 $38,932,893.00 $8,046,0411.22 $1,687,183.24 $48,666,116.46 TOTALS 1 $46,151,351.00 $9,537,838.00 $2,1100,000.00 $57,689,189.00 The consultant and City have been moving forward with design activities, including property acquisitions, hydraulic modeling, environmental permitting, and detailed design through to 60% completion between Vintage Boulevard and IH35E. On July 17, 2012, staff presented a recommendation to City Council to modify the original scope and funding allocations on the project to include the removal of improvements to Bonnie Brae Road south of Vintage Boulevard to U.S. Highway 377 and to reallocate funding remaining in the Bonnie Brae Road project to offset City funding for the widening of Vintage Boulevard, for the widening of Bonnie Brae Road from just north of Scripture to U.S. Hwy. 380 and for the acquisition of Right of Way (ROW) for the future widening of Bonnie Brae Road from IH35E to just north of Scripture. Approval of the Regional Transportation Commission (RTC) and TxDOT was sought; however, the scope of the funding reallocation was modified somewhat as a result of discussions with the North Central Texas Council of Governments ( NCTCOG) staff ( NCTCOG is the organization through which the TIP modification application had to be submitted). NCTCOG would not allow the inclusion of Vintage Boulevard from IH35W to Bonnie Brae, but would allow the inclusion of Vintage from Bonnie Brae to U.S. Highway 377 as a substitute for the section of Bonnie Brae south of Vintage Boulevard that was removed from the original project scope. The TIP modification that was carried forward for approval was therefore as follows: MODIFIED FUNDING AMOUNTS PER SOURCE BY FISCAL YEAR (FINIAL) STATE CITY IDEINCOO PCT. 4 ANNUAL TOTAL FY20101 $6,,155,823.20 $1,315,365.07 $223,590.73 7,694,779.00 FY2011 $14,080,000.00 $3,430,773.,9,7 89,226.03 $17,6,00,000.00 FY2012 .$25,915,527.80 $9,69,6,004.,71 $1,687,183.24 $37,298,715.75 TOTALS .$46,151,351.00 $14,442,143.75 $2,000,000.00 562,593,494,75 Agenda Information Sheet August 20, 2013 Page 3 BACKGROUND (CONTINUED) The TIP modifications included no change to the amount of RTR funding dedicated to the project; however, the modified scope and a reallocation of the RTR funding approved over the project timeline to more accurately reflect expenditures was approved. In other words, ROW costs and professional services expenditures were shown to be more than originally thought, caused in part by the change in scope to include ROW acquisition north of I1-135E, while constriction costs are expected to be less than originally thought. The City's financial obligations under the revised scope are increased over the life of the project by $4,904,305.75. It was originally proposed to City Council on July 17, 2012, that approximately $3.0 million dollars of this additional expenditure could be offset by funds remaining from the last street maintenance bond fund. The Streets Department utilized approximately one third of this funding to conduct repairs to existing Bonnie Brae Road, leaving a total of $2,039,510.00 for use on the Bonnie Brae project. The remaining $2,864,795.75 in shortfall is anticipated to be offset by utilization of interest income from the RTR funding (projected to be in excess of $600,000 on this project alone by the time that constriction begins on the initial phase late next summer), project savings from reduced engineering scope on the southern section of Bonnie Brae south of Vintage Boulevard (currently at approximately $1.0 million dollars) and possibly transfers from remaining funding from existing bond projects. NCTCOG advised the City on March 29, 2013 that the TIP modification had been approved. Bonnie Brae Road from Interstate Highway 35 East to Just North of Scripture Road The City sought a separate proposal from Graham Associates, Inc. for the preliminary design of this section of Bonnie Brae Road. The overall funding allocated for this section of Bonnie Brae Road through RTR tolling and the City is for ROW acquisition only. The proposed engineering fee of $292,575.68 for the professional services on this project is representative of a sole source contract for all of the preliminary engineering and other professional services anticipated to be necessary for this effort, not including actual ROW acquisition and relocation services. For example, the fee includes amounts for a detailed preliminary investigation and schematic preparation, limited subsurface utility engineering (SUE), limited hydraulic analyses, environmental analyses and permitting, and surveying. Various components calculated in support of this fee included $88,798.18 for basic services (TxDOT, preliminary constriction plans for Bonnie Brae between IH35E and Scripture Road, and limited utility coordination), $193,777.50 for additional services (surveying, ROW document preparation and environmental permitting assistance), and $10,000.00 for reimbursable expenses. Agenda Information Sheet August 20, 2013 Page 4 BACKGROUND (CONTINUED) The consultant projects a preliminary opinion of probable constriction cost for the project at approximately $6.04 million dollars. Basic services represent approximately 1.47% of the projected constriction cost, but this is somewhat misleading since it is carrying the design documents only through about 15% completion. Staff referenced two sources for comparison of fees based on a percentage of constriction: The American Society of Civil Engineers (ASCE) Manual No. 45 and Consulting Engineers Council of Texas (CEC -T) curves of median compensation. From ASCE Manual No. 45, the design fee is projected at approximately 6% of the preliminary opinion of probable constriction cost and total fee is project at approximately 16% of the preliminary opinion of probable constriction cost. From CEC -T curve of median compensation "A ", the design fee is projected at approximately 6.4% of the preliminary opinion of probable constriction cost (although this curve is referenced and utilized for comparison purposes, it dates back to 1982 and is generally considered to be out of date). Staff also looked at the hourly breakdown for each task to evaluate the effort and costs per line item and at the possible number of plan sheets for the project in order to further evaluate the effort involved. Costs and scope descriptions with the consultant went through several iterations back and forth between the consultant and staff. Staff solicited request for qualifications (RFQs) in 2010 for design services for Bonnie Brae widening. From the RFQ, Graham Associates was awarded a contract for Professional Services October 19, 2010 based upon their qualifications. Graham Associates experience with the Bonnie Brae project and demonstrated competencies make them the most qualified professional for these additional services. Professional Services are exempt from competitive bidding, per the Local Government Code 252.022, and may be awarded to the most qualified firm. OPTIONS 1. Approve the Professional Services Agreement. 2. Reject the Professional Services Agreement. RECOMMENDATION Staff recommends approval of the Professional Services Agreement between the City of Denton and Graham Associates, Inc. in the amount of $292,575.68 for preliminary design and engineering relating to the widening and improvement of Bonnie Brae Road from Interstate Highway 35 East to north of Scripture Road. The various analyses and negotiations conducted to evaluate the fee demonstrated that the amount of the contract is consistent with the level of effort required for a project of this nature. PRIOR ACTION/REVIEW (Council, Boards, Commissions) 1. City Council Meeting — July 17, 2012. Agenda Information Sheet August 20, 2013 Page 5 FISCAL INFORMATION Funding for the first two phases the Bonnie Brae project was approved along with the original AFA on February 2, 2010. The City's share of the local match has been partially allocated to the project (constriction local match from the City will need to be funded). Funds from the State for all three phases of the project (Engineering, ROW Acquisition /Utilities and Constriction) have already been received and deposited. The recommended contract with Graham Associates, Inc. will be funded from existing City and RTR funds already allocated to the project. EXHIBITS Exhibit 1: Ordinance /Professional Services Agreement Respectfully submitted, Frank G. Payne, P.E. City Engineer Respectfully submitted: C.h"k � (3 , Chuck Springer, 349 -8260 Director of Finance 1 -.CIS -File 7329 ORDINANCE NO. 2013- AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR PRELIMINARY DESIGN AND ENGINEERING SERVICES WITH GRAHAM ASSOCIATES, INC. RELATING TO THE WIDENING OF AND IMPROVEMENT OF BONNIE BRAE ROAD FROM INTERSTATE HIGHWAY 35 EAST TO NORTH OF SCRIPTURE ROAD IN AN AMOUNT NOT -TO- EXCEED $292,575.68; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 5329- AWARDED TO GRAHAM ASSOCIATES, INC.). WHEREAS, the professional services provider (the "Provider) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, the fees under the proposed Agreement are fair and reasonable, and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession, and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee is hereby authorized to enter into a Professional Services Agreement with Graham Associates, Inc., Arlington, Texas to provide professional preliminary design and engineering services in the amount of $292,575.68, relating to the widening of and improvement of Bonnie Brae Road from Interstate Highway 35 East to North of Scripture Road; a copy of which Agreement is attached hereto and incorporated by reference herein. SECTION 2. The City Manager, or his designee is authorized to expend funds as required by the attached Agreement. SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton, Texas under File 5329 to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1 2013. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY m. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY .0 2-(-)Rl)-File 5329 PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER THIS AGREEMENT is made and entered into as of the day of ' 2013, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "Owner" and Graham Associates, Inc., with its corporate office at 600 Six Flags hive, Suite 500, Arlington, Texas 76011 hereinafter called "Design Professional," acting herein, by and through their duly authorized representatives. In consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: SECTION 1 EMPLOYMENT OF DESIGN PROFESSIONAL The Owner hereby contracts with the Design Professional, a licensed Texas architect or engineer, as an independent contractor. The Design Professional hereby agrees to perform the services as described herein and in the Proposal, the General Conditions, and other attachments to this Agreement that are referenced in Section 3, in connection with the Project. The Project shall include, without limitation, but shall not be limited to the following major components (for a more precise or comprehensive description of the Scope refer to Exhibit 2, Attachment E): A. Conceptual Desim Plans Task 1: Bonnie Brae Street (From IH35E Northbound Frontage Road to Scripture Street) - Conceptual plans (30% Plans) for this section of the project shall be prepared to such detail as is necessary to resolve all conceptual issues. Conceptual plans must be approved by Owner prior to Design Professional commencing with the preparation of preliminary design construction plans. B. Preliminary Desk Construction Plans Task 1: Bonnie Brae - IH35E Northbound Frontage Road to Scripture Street -- Prepare 15% Plans, Specifications, and Estimate. I. Preliminary plans title sheet with index of sheets. 2. Project layout. 3. Existing/proposed typical sections. 4. Preliminary plans summaxy sheets. 5. Alignment sheets. 6. Preliminary plans intersection layouts. C. Preliminary Right-of-Way Documents, 60% Plans for Bonnie Brae Street - IH35E Northbound Frontage Road to Scripture Street Task 1: - Right-of-Way Determination for the project streets - In conformance with City and State standards, Design Professional shall survey, render field notes, and prepare detailed plans (right -of -way strip maps) and individual parcel exhibits for any additional right-of-way and/or easements, including temporary construction easements, needed. Design Professional shall also set control points, which shall be based on NAD -83, on both sides of the road. The required items are necessary for the acquisition of right -of -way required to construct Project. This information shall be required prior to acceptance of final construction plans. D. Final 90% - Right-of-Way - IH35E Northbound Frontage Road to Scripture Street Prepare final right -of -way plans and documents for all streets on the prof ect. E. 100% Construction Plans, Rip-,ht-of- Task 1: 100% Bonnie Brae Street Right of Way documents per owner's review F. Miscellaneous Requirements — 1. Design Professional shall furnish, upon request by Owner, one (1) set of film reproducibles of the "Final" approved Right of Way Documents. Design Professional shall submit an electronic copy of the drawings in a format acceptable to the Owner. 2 SECTION 2 COMPENSATION Total compensation for the Design Professional contemplated under the terms of this agreement shall be $292,575.68 for all services including reimbursable expenses. The Owner shall compensate the Design Professional as follows: 2.1 BASIC SERVICES 2.1.1 For Basic Services the total compensation shall be $88,798.18. 2.1.2 Progress payments for Basic Services shall be paid monthly based on the actual work satisfactorily completed per month in each phase as a percentage of the overall compensation for that phase, with the following percentages of the total. compensation for the Basic Services for each phase of the Project: Schematic Design Phase 60% 15% Design and Development Phase 40% 100% 2.2 ADDITIONAL SERVICES 2.2.1 For Additional Services the total compensation shall be $193,777.50. Compensation for Additional Services shall be based on actual services authorized and performed with lump sum or maximum not to exceed subtotals depending on the service provided all as shown. in Exhibit 2, Attachment A. The schedule for the hourly rates is attached as Exhibit 4. 2.2.2 Compensation for Additional Services of consultants, including additional structural, mechanical and electrical engineering services, geotechnical services, right-of-way services, etc. shall be based on a multiple of 1.1 times the amounts billed to the Design Professional for such additional services. 2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of 1.05 times the expenses incurred by the Design Professional, the Design Professional's employees and consultants in the interest of the Project as defined in the General Conditions but not to exceed a total of $10,000.00 without the prior written approval of the Owner. This amount does not include appraisals, escrow fees, abstract fees, title fees, FEMA review fees. 3 SECTION 3 ENTIRE AGREEMENT This Agreement includes this executed agreement and the following documents all of which are attached hereto and made a part hereof by reference as if fully set forth herein: Exhibit 1. City of Denton General Conditions to Agreement for Architectural or Engineering Services, Exhibit 2. The Design Professional's Proposal Attachments A through E: Attachment A — Summary of Engineering Fees Attachment B — Projected Plan Sheets Attachment C — Organizational Chart Attachment D -- Estimate of Construction Costs Attachment E --- Scope of Services and Deliverables Exhibit 3. Project Schedule Exhibit 4. Schedule of Rates This Agreement is signed by the parties hereto effective as of the date first above written. CITY OF DENTON, TEXAS A Municipal Corporation ATTEST: JENNIFER WALTERS, CITY SECRETARY mm APPROVED AS TO LEQAL FORM: ANITA $ S S C TTORNEY BY: r ATT IM GEORGE C. CAMPBELL CITY MANAGER GRAHAM ASSOCIATES, INC. A Corporation BY: �z � . DE S, P.E. PRESIDENT Exhibit x CITY OFDRNTON GENERAL CONI7MONS TO AGIdIsI?h'1Ts14T FOR ARCERTEC UR.AL OR ENGE110P.MG SERVICES ARTICLE 1. ARCRMCr ORMG1T ER'S RESPONSIB3LT US 11 The Architect or 3;hge=?s seteicm eoasist of novae services# the Project (as d. -fined in the egreement (fe "Agreemenfj and propose,! {the' Proposal) to Wch faese General Conditions are attached) performed by the Architod - Ebginetr 0&tinMcx called the `TksignPmRssionarl or Design Pro£e !Mah's cmploy-Zs and oxl w4tents as enu=atcd in Articles 2 and 3 of thcsc General Conditions as modified by the A;reemtntand Proposal (theServiees°)_ 1.2 7heDesisAPrafessionai vn"flperform all Services as on independent contractor to titeprevailing profrssiDad slandards eonsistentXNith the ]evel efcare and 01 ordinarily exercised by rnetnbers ofthe same profession etarendy praoNcirsg k, be same, locality wrier simjar coodidow, including reasonable, harmed judgments and prompt timely actions (the've -ee of Cme"}, The services shat] be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress afthe Psojeet Upon request offhe Owne ,the DaWiProipss(onaf shall submit for the a►mtes approval asehodulefor the, pcdbrmanoeofthe 5enriceswhichmay be adjusW as the Project pro^,.eeds, andsbaU include allowances far pedods oftimerequired far the O'.vnets review and for approval o£submissiom by wffiu 6esbavh3 jurisdMonpverthe Project Time limits established by this schedule and approved by the Owner shall not, except ft tleasonabie =atis be exceeded by the Desip Professions[ or Onnsr, and any adjustrr>eatis tothis schedule sballbe ms4uallyacceptabieio bath parties. ARTICLE SOOPE OFBASICSERVICES 2,1 BABICSERVICFS DEFf1E'EIy The Design Professional's Basic Services consist ofthose desanbad fn 5ecti ms 2.2 ftua*t2.fl ofthesa Ganes] Conditions wAinclude tviihoutiimlr a on normal strt OWW, civii, mechanical and dectrw envani ling services and any other= &eeringservicts necessary toproduoe a Complete and accurate act of Construtdon]Documertts, as described by andmquiscd in Sectim2.4. The Bas o Services may bemodifie3 byihe Agrawnent 2.2 SCELE11iATICIMEGNPHASE 2.2.1 The Design ProfcssiOaj in elonsu WADn Mffi the Owner, shat] develop a wtiitett program for the Project to ascertain Chvnefs needs and to establish itre requirements fariheProyesi 2.22 The Dtsign. PmPssional611011 provide a preliminary evaiuttion of the Otsr es pmgram, construction scimdule and txm Imcaonbudget requirements, each in terms of the other, s&jectto$te limiiations sat forth in Sabsealio n5.2.1. 2.23 The shall review vAth the OwncraltematheapprvKbest odesign and comtnrcfion off-le Avjo% 2.2.4 Based on t3temu wHy agreeduponpiogra0rt, schcduls trod canshuctimbudget regtriremrnt% the DesignProAssionsl sha3lprepue, ibrapprnval by CIO Owner, SehomaticllesignDocut %* oons3 ft ofd mNings and other documents Embaiingthe scale and relationship o£Froject componFZ M The Schematic Design shall conteanplatc compH;mca Ath all applicable laws, statutes,ordinaacss, codes and regulations. 2.25 The DesignPro&sslonal shat[ mbmitto, tile, Owner a preibinny detailed estimate of Construction Cost based on current area, veltnne or other unit casts and which indicates floe cog of each category of swrk itavolved in constructing the Project and establishes an elapsed time factor for the period of time from tine elarrurterreamentt.o1hC oompletionofceashvclioa 23 DESiGNI)EVELOPil3ENTPME 2.3.1 Based on the apploYMSrhem do Design Docunrrnts and any adjustments auihurizedby the Osmerintheprngam, schedtdeoftoasttucfionbnd ;etrho} design professional. shall prepare for approval by the Owner, Design i7evelopmenti7ocuments consisting of drawings end cd- doet=nts to fx and describe the site sad of atacter offtPrajectas is archileehual, shuotura], mechanlea! and elec[rlesl systems, materials and suoh ether elements as may be appropriate, eilichsball tonlply wilt- all applicably laws, slatute , ordinances, codes and regulations. Not.vlthstandiirg EYsvneds approval of rho dr>Crrruenis, 3]esign?lrofc glottal repraseats last the Documents and apeeific36oas vA3bestrftientand adequate; toAAW dsepurposm offhePmjsct. 23.2 The De* 1n0icssranalsi" advise tilt Ownerofmyadjustmelato the pretinvnary estimatoofCom.buetion Cost inaiu laDetated Statement asdesen'Sed in Swc =22.5, 2.4 CONSTRUCTMNDOCUA7ENTS PHASE 2.4.1 Based on the approved Design Development Aacsunenls and azry &miter sdjt,ftents in the scope or quality o €the Project or in the construction budget authorized by theDwne, theDes *Prot'essionalshallprepare, for approvalby Ice One ,Con=PbotDv=mentscons1S 9ofDrmAzga and Specifications setting for"deWl requirarrremtsfor theoanslntetion oftheProject, which shall complywi hall applicable laws, statutes: ordinances, codes and regulations. 2,9.2 The Resign Pmftssional shalt assist the Owner in the pregaretion of tho necessary bidding or procurement infamxatlary bidding or procnremratt hums the Conditions oftbeCCatmc and the form ofAgreww4itbt %v= the Owner and oantraclor. 2.43 'De Designpmfessionals haltaMm the Ownerofastyadjuftentstopreniotrsyrtliminaryestimateso €ConstructionCostfn =tedbycbangeskregWrements or general rrrarket ownditions. 2AA The Design Profpsslenal shall assist the Owner in conneaaea with the O+vner's response -bUity for f1bg doctnenis required for thaeppmval ofgaeemtnental anfitoritieshavusgjudsdie ft over thep4ect. 15 CONMMONCONTR&CTPROCURENJENT 2,f 3 The Desi�1 Pmfrssion , folinwingtha Cnvrltt's approval of theCoosi[ttt cu Dacumants and of t€selatest prellrufrrary detailed esthnale of Construction Cast, shall assisttheOvmerin procuring a constmetion contract for the Project througia'aay protmetnertt n1eth0d that is legally applicable to the Project isrciudsng With aut Page 1 of 8 H:1MisclBlank FormsIGENERkL cc)XDI73ONS- AAC=Ci- ENGM5R Revised 052209.60 Revised 5 -30 -fl2 limifaEian the compelithe sealed bidding process, Although &e Otvne,va eonsider ale advice of the Design prafeasimal,the avnxd ofthe construction contract isin the sole discretion of the Owner. 2 5.2 iffhe constrtrcfion contract amount for the Project exceeds the total construction cost ofthe Project as set forth in the approved Detailed 5tatetment ofpmbabla Construction Costs of the Project submitted by the Design Pmlessional, Bien tha Drslgn Profeasiortai, at its sole cost and expense, tY+1i revise the Construction Dmiime.uts as may be required by the Owner to reduce ar modify the quantity or quality oi!ft ►work so that the tota3 construction Cod Projeetwill not exceed the total consb-dortOmt set forth in the appsaved Detailed Statement of Probable ConshvctionCost& 2.6 CONSTRUCiIOl pEL& , ADi4CMSTRATiON dFTHL CONSMVLTION CONTRACT 2.4.1 1 heDesl�tPmfessional`s rasponsibititytO pmvideftsdO Services for the ConstiuctiomPf=ea tmderthis Agreement commences with 6e award OHM Canty ct forcmutritction and teammates at the issuancotothe O=r oftheLOWCe{tigade f iorPaymeni ,vnless.extenacdundertheterms orsSslwaon 8 32_ 14.2 The Design Professional shall provide detailed adrninistrai an oftha Cnntrsct for Cans€ruoiionas set fort bdmv For design professionals the admirdshation shall also be in accordance with Alk document A20, Genets[ Conditions of the Contract for Constrocti❑n, current as of the date of tiro Agmerant W may be amended by the City ofDeatonspwial eondidons,unless oilxn,vj epmvided in the Agreement. Pot engineers theadminis€miion sh%U alsabeiaaccordmce -s th the Standard speoiiications farPublia.Woiks Constructianby the i!IOM Gerdral Texas Cotmeil ofeavemments, currenl as ofthe date ofihe Agreemtent ua lessatherwise provided intheAgreemenk 15 3 t nshttctionlitase duties, re*amihiiities said limitations of m tt3tity of the Design Fmfcssional shall not be restricted, modified or extended viithout ►►utter, agreemraofthe4+vacrandl ;6proiessiiond. 2.5A The Design professional shallbe axepreseniative of and shall addm and consult with the Owner (1) during cws6ltcSon, tend (2) at the Ownez s duet €ion from the to tine during he correction, crwan'attty period described iniho CVnhact for Construction, Sine Design Psaiessianai shall havaauthorityto act otibeltatf ofthe Owner only to the mdent provided in the Agreement midtltese General Conditions, unless otherwise moMedbyudlfen instrument 2.4.5 The Dasign Professional shall abserva the construction sit* at least Ome time a wed; while roatsfntetion is inpmgress and as reasonably rnxtossary suite CWdh flM is not in progress to bwonia fbmillar with the progress and quality ofthe ►York completed and to d*nnnte if the work is behtg performed 9n a matmer iradicaiiagttsatthevar lctvhencontplet ►vil[6ainavcatdance ►n4ttkteGor actAocumants. Desig�t? mRssionaisbailprovideUwnerawnttear report subsequentto each on-Aite visit an the basis of an site observations the Design professior al shall krep the Omer itrfortne3 of the progress and quality of the vsrotic and shall exeroisethe. Degree of Care and dRgeuce in disravccing mad P=PUY reportirrgto the Owner any Observable defxt or do ofancies in the work of Contractor or any subcontractors. S7seDesigrpmfessionairegrtsentsthat3retvili faljnwDegWOfCareinper£orminga services under the As=n nt '1lteDesignProfessiana3shatl promptly cornet KY defective designs or speOi6cations furnished by ft DesignPmfesstonal at cost m else t7►sner. The avmes's ttltpravaL aaceplazt ns of e payrmenti for all or any part ofthe Design graft sslOnat's Setviers hereunder or of the pmjwt itself shall in no way alter rho Design, Proi�ssiorsds obGgatiorts or the ovimees ngbtshcrCmian 2.5.fi The Design Prafession®i shall not leave central over or charge of and shall not be responsible R con_�+±�nd means, rt 60:ls, tecimtques, sequences or 2.6,6 tae . Or far safely Professional shat and programs in =t=t3on with the vwrIc ThaD�signprof$ssianal shalt motbamspor3sible for the C�drractoz's schedules of iaiitue fO carry oUtthetiwk inaccardance with the CM A=1 meats except insofar as such failme may rasnit from Design ProfessioMts negligent ads or Omis- sions. 11re Design Professional shall not Have control over or charge of acts or Omissions aftita Cortdador, Subeontractor� orfhok agents Or etnployess, or of any otherperse,ns perfotrn4portiom ofthewotk 2.6,7 'lh,Desigtprofe aural shall at all times have accesstothowarkwheaevuit is inptcparariottof progress. 2.613 3gircept as may o4t the I7ess Professiotal Cnrummnicatiams by andwithth 37asi 1'caii ssionais�consaltaats s tba6 mu�gi tkeu act sba3lcammtrni=a e.thtvttgh 7 y m theDaslgrt professional's Ohservatioms atthasite o£ihe tinrk and evaluations of the Contractor's ApOiatiOns for payrmertf the Design Protbsstonal shall revie►v=d.Certify the amount; due the Contractor. 2.6.10 ShcDesignProfessiana l'scetii5caiiarrtorpaymentshancm t Le, a represrntationtofh Owjxr, based on the Design Piofessiortal 's Observations atthe site as grOtided in 5ubseation 2.5.5 and On fhe data earmgrismg the Coutrtotnfs Application for paymeat that the work leas progressed to the point indicated. mid that the quslityo£the York is in accord Oontraet Doctamemts Tire $regoingrepm mtEf= are object to mtnordeviations finmtth* Contract Documents Car - reotaitIaprior €o completion and to spexitio qualiftcattom expressed by the Maiga Profess€enel. iha issttatm of Certificate far Payrxteatt shall itutitercottstitute a represerrtationfl�at She Coniracivrts eattitfed to paymeatin the amount ccrtiEed Sv uve isstta>KO of aaCErttacaledf JIM or f� p�se�t�taselor the Designprafhssional has ( 1) reviewedcnmsiruetonmWMnathods ,ieeisniq e0. pr�'� (2) has used tnoneypreviously paid on account ofthe Contract Sum. 16,11 TheDesiga Professional shall have the rrspom 'bR["ty and QuIhorityto rejectNvorktvhielt does notaonfnrm to the ContractDorxartartt% Whenever the �� to professional mnsiders itn%esmiy or advisable for implementation of the intent of the Contract Doeunients the Design profassioaa1- ,Othave auf-io y additional inspecfiotr or testvxg of ilia Wert[ to aeoord mw with the provisions of the Contract Documents, t►itether or not such Work is fabricated, irw[AIed or completed F pecti er,aeititer thief th eriiy oftlreDesigrtProfessional nor deeisioa made in goodialtlt eit MM MMlsa or%tot Ommisesvrh a 9wdtyslaall give rise to a duty or respoasiSiility ofthe I7esignProfesssonai to the Contractor, Shbowtractors mateaiel amdetluipmentsupplierstheir agerxs or employ= ar other persons pupmMing porti= oftheworic 2.6.12 The Iksigra professional shall raviow and approve or talcs other appropriate aceonupon ContmcWs subm1tfals such as Shop Drawings, Product Data and Samples for thepurpaso of (1) de,P,,,*bg eompitamca with applicable lavxs, statutes, otdinamoes and codes; and (2) determining whether ar not the work; vim p ►viththere uirements ofthoCantata Documents. Mit Dods Professional shall act wish such reasonable. promptness to Cal eno oompteted, tvrg be in aomnpliartee q delay in the nark orkithe corrsinsetion Oftha Owner or air' sepmatecoritractors, wl» la alla►ving srffioieattime in a the Pte' professintnr pmfessich a judgment o perrctitad�uatereview. ReviewofsuchsubtmVW$ is not ecaduotodforihepraposeofdatez mill' vrgriteaoc' uaoyandcompletenessafatherdetsi lssuchesdiruensions and it adeihI or far subsfarttiati^g instruetiorrs for instattstlon Or pnformmic�e of equipment or systems des'sgned by the Contracto , aiI of ►�rieb retrtaia the rrsponsibililyrsithe CoattadortO'�e exien }required by a Con D merffs The DesignPrafessloneTsreviavr shut notcw>�litute epprovetO£ safety pre�tttloms or unless otherwise speciSeaIiy stated by the Design of�am£asssenrblof construction i r itio rams, rara cd5, t Veen s, se uia awl or rfp� PTheD Design. thetas �es approval of a spwifieitem shailna indioate approval Y Page 2 of 8 I ,- UsMiankFormstGStti LAL C0]qDjn0NS ARCH=T ENGiHEEltRoOsed 052209.doo Revised S•3t74)2 ofmatesials, systems or equipment is required by the Contract Doctmentfi, the DesignhofeuVml sballba entitled to rely upon such certification to Establish *at the materials, systems or equipmentwvilk meet the peff mane oriteaarequired by the ConhactDocumettts 2.03 The Desigt Pr&ssional shalt prepare Change pxders and Construction Change Directives, vvith supporting documentation and data if deemed necessary by the Design Professional as provided in subsectiow 3.1.1 and 33.3, �r the Owner's approval and execudan in accordance with the Contract DpCtEntents, and may authorize minor a eriges in the work not involving an adjustment in the Contract Swn or on olonsion ofthe ContractTirne which are not inconsistent viitlttheirttent afthe ContractDceuments. 25.14 On behalfof the Owner, tha 1305i9t Professional shall eanduct inspections to determine the dates ai substantial Completion end F°mal Completion, End if requested by the Owner shall issue Certificates afSuhstandal and PioalC.ompk ioo, xh8 Design Professional will teceive end reviewvwdtten guarantees and related documents required by the Contract for Conshu..iion to be assembled by the Contractor and shA issue a final certificate far Payment upon eompliance with the requiremertteoftheContradt)o= nls. 2.5.15 7he]]esigrlPmfessional shaliinterpret and iMR5 reeommendatiow on matters mocemingperlhmrance ofibe Owner and Contractor lmderftrequirem"s oftlia Contrast Documents onusittentequest of either the Dwyer orContrmefor. The DesignProfess'1093 response to such requests shall bo Made withreason4le pramptnessand vt3t3tur9ny time lirnitsa2�eedupan ' 2.6.15 interpretations wAdccisicm o£ the Design ProfessiooaldW'be consisteat WAh the intent of and reasonably infeta$ly fto¢nthe Contrast Doqurte�s.and shall beiawiTkingoi in the form ofdrawwings. Vlhanmaking sochintespretatiors and 3t 61 decisions, t4 OD" i$tPmfessimal she" endeavorin securafaithfitl lxr%rnnt�e by bath Owvnerand Contracts , and droll notbeliaMe for results or interpretations or decisions w rendered in goad faiih in accordancewitl +-e]lthepravisions of this Agreement and in the ab=eo afnegligence. 2.6.17 TheDesign Professional sba7l render written dearsroas wmthin a reasonable time on alt claims, disputes or other matters in question between the Owner end Con4actarrelafttotha execution orpragess ofthe►varkas provided in theConisactDosuments 26.38 The Desipt pmfessiooal (I) sball render mm3'ces under the Ageement. rrt =orda= wllh gthofOf CX of any feechlnTsa nob a released dwauey caused by the defeative designs the Deslgakrofessionai prepares; mid (3) by ackrtmvIedging payment by r4li ts the Omer mayhave -under ftAgeemmtordimirtishany OHM D ProdessiortaPsabrWfionsthm = der 2.6.19 The T7esign Pro%ssienA shah Providetlte owner vgth four sets ofrepmducible prints droning all significant abanges to the Construction Dommenls during the Constuction Phase. ARTICLE 3 ADDITIOVAI. SERVICES 3.1: GENERAL MA 'lire services described is Us Ardole 3 areaoi included kBasic Services tmlen so idM'ffcd in the Agreement orProyon% and they sballbe paid for byeried o Ctizarer as pnnided in the Agrerartenf in additivnto ticecarn tsation for]3asio $coulees. The services descdhed under Sections 3.2 and 3.4 shall only be Pm authorize3 orsonfimtd in -writing by the Ov,=- If services described under ContingedAddidonal sere M In Section 3.3 areregdu-ed duets circumsianees bay'ona the Design Pmt ssirm$l'a control, theDesigaFrofimimnd shall notify tiro Omer inNN"ffig and simiLnot Domtuenco such additional services until it recaines wvtitiea epprpvelirpmtheDimerfapraceed I£#hep+v rMcateskwiting64auo rparto€snchCantist wt Additional senicesare not req W=d,titDesigePto£ess'sonal shall have no ob3sp6m to provide those services. Owner vAll bexesponsiblefot compeassating the Design Pro ssional tar Contingent additional 5ortrices only if 'theyamzotrv*Artd duet0fhenegi 9MMOrfault dDesignPmPmlond 3.2 moJECTMRMNTAT'ION BEY i3J BASICSZRI710ES nd if more exbmrsive represetrWo at thad�� and ed inter. �a 2.63 is reclutred, iite DC951 Fmfbssio1i stroll Provide one ar more Project Represerrtakives toassistin carrying 3.2.2 Pmjeat Representatives shall be selected, employed and duected by theDesigtt Professional, and dtt Design PrOPW1on91 shall be competssated therefc� as agreed by She Owvaer endDesignPraf�sskomal 3.3 Ci7N'TfvGENTAMITONAGSERVICES 3.3 3 3vfaldngmaterial revisions hDravtjn ,, Specifications orother'do --ents Wbon such revisions are: 1. ivroorisisfent with approvals ar inshmairms previously given by the Cwne , including revisions madenecessary by 4uftents in the Oewnefs program orPrajeotbudget; required bythe ertactmentor revision of codes, Jvpa orreguiations mbsequtattothcpteparadon ufsuch documents, or 3. duetaclrar�z' srtquiradasaresultofiheOweaefsfaiIuxetoronderdecisirnrtnatimelymararer. 3.31 IMidtrig services requiredbeowte: of sipMead changes in the Projectinohtding butrnotlimited to, size, quality, eemplexlty, or floe Owvoffe$ sehe"'l cvccpt far services regntred under Subsection 2.S.2. 3.3.3 preparing Drawings, sp=ifications aid oiler doctunentatiwt and supporting data, and providing other services in connection with Change t]rders and Construction Changepireetives. 3,3.4 Ptoviding aaasuItatiort coneenvagreplaecrow ofuTrrkdamaged by tiro orother came dming construction, and Am sh9ng services required in connection vrith fire replacementvfsuch wvric _ 33.5 Pxovis* servicesmadenwmaryby the de %ultofthe Contractor, by major defects oretEdeneiesin the - vvrkofdre Contractor, orby Mime afperforma,= ofe4thertho owner or Conttactortmder the Contract fnr Canstruodon • Page 3 >y€8 H 1Misv133ank FormslQaMa c =M0NS•ARCHIIECT ENG%%Revised 05220.doc Revised 5-30-02 33.5 Providing services in evaluating an extensive number Ofelaims submitted by the Contractor or others in connection Mittsthe wrk. 33.7 Providing services in comection%with a publiohearing arhuftaiiou proceeding or 3agal proceeding except u $eretheDzsi!AProfessioriai is party thereto, 3.3.8 Providir{gservires ]n additienta those tzquiredby Article 2 forgreparitig daeumentsfor altcssnafe, separate orst�Etentialhids argsovidingservicesin connection with bidding or to the wmpletion of4neCmskuctioaf3oenurents Phase. 339 Notwithstanding zny".- canlaisnedin tbeAgreement, Proposal orthoe Gencral Conditions to the contrary, ail seivicea desmIzd irithis Article 3 that arc caused ortneeessitated in'cvbaIeor inpatt due to fhettegligenY actor omission vf4ie i]esigt Proiessionalshall boperfarmed by theDesigpProfessiasial as apart aftha ]Basic saviaes Hader the AFevment-mlhno additional compensation above and beyond the compwsaion due the Design P.rofmional for ft Basic Services. Thse inlawningat concurrent negl mwefthe Owner swi not limit the Design Prcfeasimhal's obligations underWs.Subsectsan .3.3,9. 3.4 t3PTi0NAL ADDMONAL t3ERVICES 3,41 Ptaviding financial feasihilityor other special sbrdies. 3.4.2 ProvidingpbMang sttrveys site ��Uatimhs or comparative studics ofprospcetive sites. 3,4.3 Providing special VINO s, envin menial studfes and submissions required. #br approvals of goyai meatai autharigos or othm having jurisdiction over the Project. 3A,4 ProvidirigservicesreIativetafuhimfaaiities , systems arid egrvpment 3.4.5 Providing serviresto investigate existing conditionsar fbeiiitiesor tamaka measured (hwingstirereo£ 3.A.6 Pmvidirsg servicestoverifythaaeevracy afdra<virigs or other informafiott finnisbed hytbo Owner, 3.4.7 Providing cooniivagon of eorlst =Han performed by separate oontractars or by tho Ownofs Dv aforces and eoordina5an ofmv:iees required in 00nneetiom LV'M coama denprafomsedandequipmentsupp1Wbythe Owner. 3.4.8 Providing detaiied quantity sauvepsorinvenforiasafm *dai,egoipment and labor, 3A9 Providing analysesofoperating and maintenm =costs, 3,4.1f1 lviaking isnesf£gatlons, inventories ofmateiials orestuipment, orvaluai¢vns and deta4led appraisals of exlst;rig i3rcitities. 3412 Providing assistance in4ie utdizadon of equipment or systems such as testing, adjusting and Wancin& p mmflan of flperadOn and roaintenanee manuals. training persunnemopmflanendmaintenanoe and =isolation during operation. 3A.13 Prmidinginterior design arul.siinilarservices required for or in connection VAtllflre soleetion, Proratretowl Ori imsIblimaff mTaitum, L nni4ap end related. eq#1nent 3.4.14 Providing servicrs other than as provided in Section 24.4, after issearice to the Owner ofthe final Cerfifieate for Payment and expiration of the Warranty period of file Contract forcor>_struetiori. 3.4.15 Providing services ofmisultants for other m arclriteotural,ON%structural, rambanical and elwkicad onsineeft Porgans OftfiaPrajectgrovided as apart of BasioServk= 34.1.6 Pmviduhg any other services not athertt3se included in this Agreement ar Hat cxrsfonu riiy dnmished in aecordapee tivitin generally accepted atefritectural Iracum 3.4.11 Preparing a set ofreproduoi'ble. record draw�W in addition to ttrose required by Subseoiion 2.5.19, shaRving significant changesin the vurkmade. duringcon stractim based ern marked -up prints, drawings and ether data furnisihedbyihe Conhaetorto the Design Prafe mrial. 3.4.18 Notwithstanding anything contained in the Agreament, Proposal or these Geawat Conditions iv the contrary, all services de=bed in ibis Article 3 That arc caused orMonsstiafed inwhaieor inpart doe iatheneglfgentact orov&sion afthDDeslgrOkofesslonal shall beperiormed by the DesigaFrofhsional waPar! ofthe Basio swvier..s under tht Agreement vhd= addrBorral oompmsation above and beyond t to compensation due the D- 19aPrOfessior4 for &a Basic Smicea. The interveningvrzmn u entnegli8mmof(ha Dvmer shalt not IW t the. D e�qqa Professionals abligations under this Subw ion 3.4.19. ARTICLE OIrVNE3.t'SMPONSMIUTIPS 4.1 The ostenes shall consult with the Das5sn Profrsssional -;q ardntg requirements ft the Prgjeat h1dudirng (1) the Oevads objechvs , a) Mhedulo and design constrahts and eaens, inoming space requirements -Id relatia UMPS, ff- 'Mfty' expendability, special equipment systems and site tequiremonts, as mare spwi- 5cally desm -W in Subsection 22.1. 4,2 The O%Y=r shall establish and update an overall budget for One Project, including the Coast —Eon Cost the Oemefc other casts and reaseriable continge -As zelated to all ofthese Costs. 4.3 Ifregnesied by tbeDesignProfes b nal,1 he Owner shall iiurdsb evidenm get fnnwKW arrangements havebeert made to fulfil[ the Owr&s obligadons under this Agmerneat Pege4 of 8 H:IMis,%Dlank PormalrM4ERAL C0NDDjTI0AIS .SILcHrmCT E iMWRRovised 052209.due Revised 5 30 -02 4.4 The Owner shall designate a repreaenladveauthorized to act on the Omin?sbeimlf' itlhrespect to the ProjMi The Os''tet or snob advixid representative shall render dedsions in atimely Mannar pertaining in documents submitted by the Design Professional in order to avoid turrsaswable delay in the orderly and sequential progress oftheDesignProt+ Wcoalvs services. 4.5 Where upplimble,the owner shall fimdsh surveys descn"binopbysical characteristics, Iegal Iimitakns and utility locations forthe3ite ofthePrejeet, and neritteu legal description ofthe site. The surveys and Iegal kthrmation shalt include as applicable, grades and rotes of streets, alleys, pavenrestts and adjoipirtgpmperty and stnrcbues; adjacent drainage, rights-of-way, restrictions, casemenls encroachments, zoning, deed sestrkgons, boundaries and contours of the $ite; Iocstiens, dimensions and necessary data pertaining to existing bu'rldirs A other improvements and tress; and Wbtmal ion conoeming available va'lity services and tines, bath public and privatev above and belrnvgmde, Grciudinginverts and depths. Ali the utfommationon The survey shall be referenced toa projectbamlimark 4.6 1Yhem applicable, the Owner shall furnish the services ofgeateelmicai en&ears vtisensuch services are requested bythtDesign Pr0lmionA Such. semeesmay include but are not limited to test borings, test pits, detcmminavons ofsOff bearing values, percolatiantests, evaluations of hazardous materials, gratttrdcomosion and re- sistivitytests, incluudingnecesM operations foranticipatirtgstmb•so'rl conditions, with repodtsand appropriate profasslortaI recommendations. 4.6.1 The Otvnersitalt fwnishthe services nfotherromsuitants whensuch setvicesarereasvnably reguiredbythe scope oftboProject and arsrequNted byiheAesigr Professional and are net retained by, theDrsignProfessimmlaspartafitsBasloServicesorAdditit malsen'ces. 4.7 When not a gait office Addiatmai Ssrvioes, the Owner shalt fiunish stradlung, mechanical, cbernloal, air and'water pollution rests, tests afhavardous materials, and other laboratory and envircmnentalfasts, inspections and reports r2gakodby law or the, Contract Doetiments. 4.8 The Owner shall furnish ail legal, aocounting and insurance counseling services 03 may be nocessary at any tune for the Project; moils ftauditing services the thvrtor may require to verify the Coniractork Applications for Payment or W ascertain hew or for what proposes the Contractor has used the mottaypaid by or an behalf oflboOwzier. 4.9 'file services, Wo mation, surveys end reports required by ov= under Sections 4.5 through 43 she][ be furrsaccl at the Qvmds expense and are Design Professional shall be entitled to rely upon the accuracy and completenesstt =fin thea6sm" of any negligenee an paxtof theDesigrrprofessitmal. 4.18 The Owner shalt givepmmphvrittennoticetome Design professional ifthe0wrterbeemnesawa[ eofany fault orde£ ectra the Frojeotornonwriiormanctitith the CanhactDactumemtis. 4,11 Design YrofP901701 shall propose language for certiguates orcer#iGcatiens to be requested of the Design Professional otDesignProfessi0n#3 oonsa]tants arrd shall submit =hto the Owner 1br r6AMV and approval at just ftd=f14) days prior to WMIOIL The oweragreesnotto request cetti5eationsihat wculdmquim imosvjedga or serv1=bgandthe scope oftIreAgreemeni ARTICLES COHSi VCTIt3NCG$T 5.1 CO3,j. 'RUa1()PI COST D&FIt1T1 D 53.1 Townie{ rucdm Cost sballbothe total cost orestimatedras# to Ile OwWofan elements of the Projrd designed orsl =ifiedby the DesipProiWonal. 53.2 The C,onstractimCest shall vrolade the cod 8tcu=, tmarketratessrflaborandmatenets f4mished by thethvnerand equspmerstdesigned,spao's64 Wetted or specially provided for by thei>Agn Professional, plus a reasonabteslio aaneefar the CmtractWs overbead and profd. 3aadOior, a reasonable allowaneefar can - t inomciesshailbeincludedfrmarketconditiorlsetteefimeofbiddingand for cbanipinthoivo iduringcomtruction. 51.3 Construction Cost does not include the compensation of file Design Professional and Design r ofessimraPs cmrsuitants, the costs of the tared, rights-oiway, finanews or other costswW& arc the respoustTil1ity afthe(hvnerasprovided inMcle 4. 5,2 RE SPONSM )LITyyoRCf11+9MTJCII4PICOST 53.7 Lvaluatiom-of the Ctwneea Project budge, preliminary estiraates of CDnstmetion Out and detailed estimates ofConstnsclion Cast prepared by the Design Prof ssiorml represent NuaDesigaProfessimalvs best judgment as adesign professional AmUiar'vhhthe cnnstrimtion industry. It is recognized, bmvavat that nelther the I}esi AProfessional nor the Owner has conW over the cost of labor, materials or equipment, over the Contraofots methods o£ determining hid prices; or over nompctitive bidding or rnasicet conditions, Aceardingty, the Daslgn Prol;ssinual cannot end does not warrant or represent that bids or cost proposals vAll not vary from the o%%net'spioject budget Or from any estimate ofCortsinraiiort Cost orevalmgon prepared or agreed to by the Designnofessionel. 52.3 No f=ed limit of Construction Cost shall be established as a condition "o Agreenwa: by the furnishing, proposal or establlslmtent ofaF4wtbudget,unless such fixed Jhh has been agreed upon in writing and s4pedbythe parties thereto, 3fsuchaSxed]imitlsasbeen estabiis]srd, the IlrsiguProRssionalshall bepesmitted ire include cart5ngeneies for design, bidding and prise escalafion,to determine what ma[adals, equipratn� campouent systems and types of eoustwation are to be included in that3oencies Documents, f ds! bidding a nasonable adjnstmmeauts in the scope office Project and to include in the ContractDov.3mants a]temate bids to adjust tire Consimotion cost to the Sxerd limit. pixel limits, Rany, shall be inoteased to fire emormi ofan increase in the Contract Sum ocouning after oxccution oftlte Contract for Construction. 5.2.3 If fine Proemement Phase has not commenced vAthk90 days after the Design Pnfessional submits tho ConsbucfionDootsments to the O nor, any project budgetorfixedNntofConslrtrctian Cast shall be adjusted to ref]eetchanges in 010 general level ofprices in shacanshuction industry ba=n Ow date ofsuW.ssion ofthe CnmiruciimDoeuments to the0vvnerand the date, on W16chproposalsare souglrt A_RTIME 6 OWNM P AMUSE OF DOCUKEN'I'S 6.1 Tl>s3 Drawings, Spxificatiosts and other documents prepared by the Design Professional ibr this Project are irutrummts of ffre Design Professlonds service and shall become fire property of the Omar upon teunination or completion of 4te Agreement. The Design professional is entitled err retains copies of eU such documents. Such documents era intended only be applicable to this Project and Owner's roc ofsuch documents to ether projects shall be owner's sole risk atul eupeisse fn the event the Owner uses any of the, information or materiels d4,Ltloped pursuant to file Agreement in another prq ect or for otherpatrposes than are sped&d in The Agteemarrf the Design Professional is released from my and all liability relaftto their use inthatprgact Page 5 of a H;llsdistlFlIarmkFattnslGENERAL C0 ND1n0NS •ARCMTRGT- ENGINBsRP.evised 452209.doc Revised 5.30 -M 61 Submission or list ilvition ofdocumantsto meet oil 'rcialreguiatoryrequirements or for similarpurposes in sonneotion Mth the Project is not to be consttued as. publication in derogation ofthe Design PratessioWs reserved rights. ART t7 TER11 p AIWN, SUSMSION ORAR MDTtT4fEi3T 7.1 'the Design Professional may torminale the AErcernmt upon not less thou thirty days Svrittennotice should the Ovmsr fail substantially to perform in aceardancoxvith the terms of the Agreementthrougb no fault ofthe Design PraPssional. Nmer may terminate the Agreement of any phase tbercofwith Or without cause upon thirty (30) days prior %vrittennotice to the Design Pwfessional. All work and labor being performed under the Agreement sbail cease immediately upon Design Professlonarsreccipt afsuch notice. Befare the end ofthe ihirty (30) day period, Design Professional shall invoicethc Owner forall vrork it satisfaeterilyperforared prior to the reeelpt orsu¬ice, No amount shall be due for lost or anticipated profits. All plans, $ald surveys, and other data reloledto the Project shall become property ofthe Omer lapon termination cfthe Agreement and AaU be promptly delivered to the Omer inareasonablyorganivd?onn. Should Owner subsequently contract with aMv Design Prufession2d for continuation ufservices ontbepgseI,DesipProfcssltmal shah cooperatainpsavidingWormatien_ 7.2 If the Project is suspended by the Omer form= than iii consecutive days, fire Design Professional shall be compensated for aerdees satisfadMEY performed prior to notice ofsueh suspension. When the Project is resumed, the DesigaproffrsslonaPs O�mpensatlonAalibe equitably adjusted to provide for expenses inouimd in the inteanption and rastnnptien ofthe Design P"kssiouaN servicos. 7.3 The Agreement may be terminated W the Owner upon not less than severs days wriften notice to the Design Professional in the event that the Prrmject is permanently abandoned iftheprojectisabandonedbytheOwnerformotethan90eonserutisedays, theDesignProfessionalorthaOwacrmayterminatetheAgreementbygivingwritten notico. 7.4 Failure of the owrrer'to make payments It the Design hofessional formmrSsatissActorily oompleted in accordance with the Agreententsball be considered substantial nor.- pe& ma m and cause for termination. 7.5 Ifthe Owner fails to makopayrnentto DtiigrProfessional fvlthin thirty (30) days ofr=a t of a stateutord for services properly and satisledortiy perforated, the Design Professionai way, upen won days vtittennaticstothe[ comer, sospendperforrmnceofsecvlecantcler 'be Agreemeai 7.6 In the event ofterminalicn nOttho fault of flue Desi professiomd. the Desig professional sballbe compensated Jr services proNrly end satisfactorAyperformed prior to termination. ARTJCL,z s FASYMMTSTo DFS1GNPR0rESS 0X& L s.z i}Il?ECf P;31t5CiI�u�EL>?7�El�S); 81.1 Direct 1,asonnel Expense is defined as the direct salaries of Ste Desiga Pmi mionays personnel engaged on the project and the portion of the cost of their mandatory and>rustomary contribugons and benefits related thereto, such as employment taxes and other statutory employee berefits; insurance, sick leavc,hoiidays, vacations, pensions arAsimi lar contributions and benefits RUMBURSAMEBMNSM 8.2.1 Reimbursable Expenses are in addition to ceetpenMUM for Basic and Additional Services end Made expenses incurred by the Design Professional and DesigrProfessionaPs employees and twnsullwts iO the interest of the P44 as identified iathehH m &g Clauses. 8,2,1.1 Expense of transportation in Connection voth theprojec5 expenses inconnwRonwith authoriredout -of tmmtravet Ioog- distanea oomtnunicalionLS, and fwspaid%rsecuring eppruvalofauthoritiesltaving jurisdicGononTftPrejcat. 8.2.1.2 Rxpense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2-&' 9), postage and handling of Dmwmp, spanifrcationsand other documents. 82.1.3 lfaudtorize3 imm advance by tine Owner, exp'onseof evcrGnmeworkrequlringhigherthanregularrates 8.2.7 4 G} pease efrendemiags, models andmoek urpsregaested by the Owner. 82.15 Expenso ofcompurier -aided design end drafting equipmentlime van Used in c:onuectien %vith thePrajwt. 8.2.1.6 ofherexpemostisat are approved in advance in writingbythe Owner. 8.3 PAYMl;i+i'F3 ON ACCOUNT OFl3A&CURIFICES ti.3.1 payments for Easio Services shall be made monthly and, where eppiicable, shall be in proportion to services performed within each phase of service, On the, basis s.tfhrth is Section 2 of the AS=ment end theschedule ofm{vnf. 8.3.2 If and to the extent that the tima initi4 tstablishedin the Agreement is exceeded orexttnded ffimushnofaultof thoDesignPrafessinnal, eompensatian for any se,mrites rendered during the additionid paW oftho " be coroputod in the manner sdforilr in Section 2 of the Agreement. 8.3.3 v)hm compensation is based on a p mentage of Conshuetion Cast and any portions of die project are deleted or otbenvisonot constructed, compensation fbr those portions of the Project shalt be payable to the extent Services are perforated on those portion in eccotdanm with the schedule set forth in Section 2 afore Agreement based on (1) the Iowest bona fide bid Or (2) ifno such hid or proposal is received, the most reoentpreliiminary estimate ofC7onsttuction Cost or detailed estimate ofCanstruction Cost forsuchportims ofthe Project, 8.4 pAyNMNIS 0,N AccoM OFA17DMONALSERVICES Page b of 8 IL,%iisclBlank porms\CBNERAI. Col+ DMONS•ARCHrMCT BN(3RM1ZRevised 052709.doo Revised 5.30.02 ConsentAgendaE AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2013Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Frank Payne at 349-8946 ACM: Bryan Langley ______________________________________________________________________________ SUBJECT Consider adoption of an ordinanceof the City of Denton, Texas authorizing the City Manager to executea Professional Services Agreement for design and engineering services with Graham Associates, Inc. relating to the widening of and improvement of Bonnie Brae Road from north of Scripture Road to U.S. Highway 380 in an amount not-to-exceed $831,196.50; providing for the expenditure of funds therefor; and providing an effective date (File 5330-awarded to Graham Associates, Inc.). BACKGROUND Transportation Improvement Program (TIP)Modification The City of Denton applied for regional toll revenue (RTR) funding from State Highway121 tolling proceeds for several major transportation projects in August 2007.In August 2008,the Bonnie Brae project was selected for funding with RTR funds. The approved project extentsfor the improvements to Bonnie Brae Road spanned from U.S. Highway 377 on the south end to IH35E on the north end. The State approved the City’s contract for Bonnie Brae in September 2009, paving the way for execution of an Advanced Funding Agreement (AFA) between the Texas Department of Transportation (TxDOT)and the City for the receipt and use of funds for the development and construction of the project. After approval of the AFA at City Council in February 2010, the agreement was sent on to the State for execution. A fully executed AFA was received by the City in March 2010. Shortly thereafter, staff proceeded with the solicitation of qualifications from various consulting firms and evaluated submittals for the design of the project. The City Council approved a contract with Graham Associates for the design of the Bonnie Brae Road Widening and Improvements project on October 19, 2010. The total estimated costs included in the AFA for the Bonnie Brae project was $57,689,189.00, with 80% of this amount ($46,151,351.00) coming from RTR funding and 20% ($11,537,838.00) from local match. Denton County Precinct No. 4 has agreed to provide $2,000,000.00 of the local match, with the remaining $9,537,838.00 being provided by the City of Denton. The original funding breakdown per source by fiscalyear wasas follows: Agenda Information Sheet August 20, 2013 Page 2 BACKGROUND(CONTINUED) The consultant and City have been moving forward with design activities, including property acquisitions, hydraulic modeling, environmental permitting, and detailed design through to 60% completion between Vintage Boulevard and IH35E. On July 17, 2012, staff presented a recommendation to City Council to modify the original scope and funding allocations on the project to include the removal of improvements to Bonnie Brae Road south of Vintage Boulevard to U.S. Highway 377 and to reallocate funding remaining in the Bonnie Brae Road project to offset City funding for the widening of Vintage Boulevard, for the widening of Bonnie Brae Road from just north of Scripture to U.S. Hwy. 380 and for the acquisition of Right OfWay (ROW)for the future widening of Bonnie Brae Road from IH35E to just north of Scripture. Approval of the Regional Transportation Commission(RTC)and TxDOT was sought; however, the scope of the funding reallocation was modified somewhat as a result ofdiscussions with the North Central Texas Council of Governments (NCTCOG)staff (NCTCOG is the organization through which the TIP modification application had to be submitted). NCTCOG would not allow the inclusion of Vintage Boulevard from IH35W to Bonnie Brae, but would allow the inclusion of Vintage from Bonnie Brae to U.S. Highway 377 as a substitute for the section of Bonnie Brae south of Vintage Boulevard that was removed from the original project scope. The TIP modification that was carried forward for approval was therefore as follows: Agenda Information Sheet August 20, 2013 Page 3 BACKGROUND(CONTINUED) The TIP modifications included no change to the amount of RTR funding dedicated to the project; however, the modified scope and a reallocation of the RTR funding approved over the project timeline to more accurately reflect expenditures was approved. In other words,ROW costs and professional services expenditures were shown to be more than originally thought, caused in part by the change in scope to include ROW acquisition north of IH35E, while construction costs are expected to be less than originally thought. TheCity’s financial obligations under the revised scope are increased over the life of the project by $4,904,305.75. It was originally proposed to City Council on July 17, 2012, that approximately $3.0 million dollars of this additional expenditure could beoffset by funds remaining from the last street maintenance bond fund. The Streets Department utilized approximately one third of this funding to conduct repairs to existing Bonnie Brae Road, leaving a total of $2,039,510.00 for use on the Bonnie Brae project. The remaining $2,864,795.75 in shortfall is anticipated to be offset by utilization of interest income from the RTR funding (projected to be in excess of $600,000 on this project alone by the time that construction begins on the initial phase late next summer), project savings from reduced engineering scope on the southern section of Bonnie Brae south of Vintage Boulevard (currently at approximately $1.0 million dollars) and possibly transfers from remaining funding from existing bond projects. NCTCOG advised the City on March 29, 2013 that the TIPmodification had been approved. Bonnie Brae Roadfrom North of Scripture Roadto U.S. Highway 380 The City sought a separate proposal from Graham Associates, Inc. for the design of this section of BonnieBrae Road.The proposed engineering fee of $831,196.50for the professional services on this project is representative of a sole source contract for all of the engineering and other professional services anticipated. For example, the fee includes amounts for a detailed preliminary investigation and schematic preparation, subsurface utility engineering (SUE), hydraulic analyses and permitting, environmental analyses and permitting, survey, geotechnical investigation and site specific pavement design, detailed design phase, bid phase assistance and full time construction services representation and supportincluding materials testing. Various components calculated in support of this fee included $454,445.00 for basic services(TxDOT coordination, construction plans for Bonnie Brae Roadand the TxDOT intersection tie-in, traffic control, utility coordination, bidding assistance and construction administration),$366,751.50for additionalservices (surveying, hydraulic analyses and permitting, environmental permitting assistance, geotechnical analysis for design and geotechnical/materials testing for construction phase, ROW document preparation, traffic signal designand traffic engineering), and $10,000.00 for reimbursable expenses. Agenda InformationSheet August 20, 2013 Page 4 BACKGROUND(CONTINUED) The consultant projects a preliminary opinion of probable construction cost for the project at approximately $5.8million dollars. Basic services represent approximately 7.80% of the projected construction cost. It should be noted that construction administration costs are not typically included as a component of basic services; however, this amount still does not result in the percentage being abnormally high. The total contract amount represents approximately 14.27% of the projected construction cost.Staff referenced two sources for comparison of fees based on a percentage of construction: The American Society of Civil Engineers (ASCE) Manual No. 45 and Consulting Engineers Council of Texas (CEC-T) curves of median compensation. From ASCE Manual No. 45, the design fee is projected at approximately 6% of the preliminary opinion of probable construction costand total fee is project at approximately 16% of the preliminary opinion of probable construction cost. From CEC-T curve of median compensation “A”, the design fee is projected at approximately 6.4% of the preliminary opinion of probable construction cost (although this curve is referenced and utilized for comparison purposes, it dates back to 1982 and is generally considered to be out of date). Staff also looked at the hourly breakdown for each task to evaluate the effort and costs per line item and at the possible number of plan sheets for the project in order to further evaluate the effort involved.Costs and scope descriptions with the consultant went through severaliterations back and forth between the consultant and staff. Staff solicited request for qualifications (RFQs) in 2010 for design services for Bonnie Brae widening. From the RFQ, Graham Associates was awarded a contract for Professional Services October 19, 2010 based upon their qualifications. Graham Associates experience with the Bonnie Brae project and demonstrated competencies make them the most qualified professional for these additional services. Professional Services are exempt from competitive bidding, per the Local Government Code 252.022, and may be awarded to the most qualified firm. OPTIONS 1.Approve the Professional ServicesAgreement. 2.Reject the Professional ServicesAgreement. RECOMMENDATION Staff recommends approval of the Professional Services Agreement between the City of Denton and Graham Associates, Inc. in the amount of $831,196.50for Engineering Services for the widening and improvement of Bonnie Brae Road from north of Scripture Road to U.S. Highway 380. The various analyses and negotiations conducted to evaluate the fee demonstrated that the amount of the contract is consistent with the level of effort required for a project of this nature. AgendaInformation Sheet August 20, 2013 Page 5 PRIOR ACTION/REVIEW (Council, Boards, Commissions) 1.City Council Meeting –July 17, 2012. FISCAL INFORMATION Funding for the first two phases the Bonnie Braeproject was approved along with the original AFA on February 2, 2010. The City’s share of the local match has been partiallyallocated to the project(construction local match from the City will need to be funded). Funds from the State for all threephases of the project (Engineering,ROW Acquisition/Utilitiesand Construction) have already been received and deposited. The recommended contract with Graham Associates, Inc. will be funded from existing City and RTR funds already allocated to the project. EXHIBITS Exhibit 1: Ordinance/Professional ServicesAgreement Respectfully submitted, Frank G. Payne, P.E. City Engineer Respectfully submitted: Chuck Springer, 349-8260 Director of Finance 1-AIS-File 5330 ORDINANCE NO. 2013-_______ AN ORDINANCEOF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENTFOR DESIGN AND ENGINEERING SERVICES WITH GRAHAM ASSOCIATES, INC.RELATING TO THE WIDENING OF AND IMPROVEMENT OF BONNIE BRAE ROAD FROM NORTH OF SCRIPTURE ROAD TO U.S. HIGHWAY 380 IN AN AMOUNT NOT-TO-EXCEED $831,196.50; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE5330-AWARDED TO GRAHAM ASSOCIATES, INC.). WHEREAS, the professional services provider (the “Provider) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, the fees under the proposed Agreementare fair and reasonable,and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider’s profession,and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1.The City Manager, or his designeeis hereby authorized to enter into a Professional ServicesAgreement with Graham Associates,Inc., Arlington, Texasto provide professional design and engineeringservices in the amount of $831,196.50,relating to the widening and improvement of Bonnie Brae Road from North of Scripture Road to U.S. Highway 380;a copy of which Agreement is attached hereto and incorporated by reference herein. SECTION 2.The City Manager, or his designeeis authorized to expend funds as required by the attached Agreement. SECTION 3.The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton, Texas under File 5330to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 5.This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2013. _______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By:_________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By:_________________________________ 2-ORD-File 5330 ConsentAgendaF AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2013Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Frank Payne at 349-8946 ACM: Bryan Langley ______________________________________________________________________________ SUBJECT Consider adoption of an ordinanceof the City of Denton, Texas authorizing the City Manager to executea Professional Services Agreement for design and engineering services with Graham Associates, Inc. relating to the widening of Vintage Boulevard from Bonnie Brae Road west to Interstate Highway 35 West in an amount not-to-exceed $331,565; providing for the expenditure of funds therefor; and providing an effective date (File 5331-awarded to Graham Associates, Inc.). BACKGROUND The City sought a separate proposal from Graham Associates, Inc. for the design of this section of Vintage Boulevard. The proposed engineering fee of $331,565.00for the professional services on this project is representative of a sole source contract for all of the engineering and other professional services anticipated. For example, the fee includes amounts for a detailed preliminary investigation and schematic preparation, subsurface utility engineering (SUE), hydraulic analyses and permitting, survey, detailed design phase, bid phase assistance and full time construction services representation and supportincluding materials testing. Various components calculated in support of this fee included $175,535.00 for basic services (construction plans for Vintage Boulevard and the Bonnie Brae andthe Texas Department of Transportation (TxDOT)intersection tie-ins, traffic control, utility coordination, bidding assistance and construction administration),$151,030.00 for additionalservices (surveying, hydraulic analyses,and permitting, Right OfWay (ROW)acquisition services,and construction services representation and support including materials testing), and $5,000.00 for reimbursable expenses. The consultant projects a preliminary opinion of probable construction cost for the project at approximately $1.9million dollars. Basic services represent approximately 9.32% of the projected construction cost. It should be noted that construction administration costs are not typically included as a component of basic services; however, this amount still does not result in the percentage being abnormally high. The total contract amount represents approximately 17.60% of the projected construction cost.Staff referenced two sources for comparison of fees based on a percentage of construction: The American Society of Civil Engineers (ASCE) Manual No. 45 and Consulting Engineers Council of Texas (CEC-T) curves of median compensation. From ASCE Manual No. 45, the design fee is projected at approximately 9% of the preliminary opinion of probable construction costand total fee is project at approximately 18% of the preliminary opinion of probable construction cost. From CEC-T curve of median compensation “A”, the design fee is projected at approximately 7% of the preliminary opinion of probable construction cost (although this curve is referenced and utilized for comparison purposes, it datesback to 1982 and is generally considered to be out of date). Agenda Information Sheet August 20, 2013 Page 2 BACKGROUND(CONTINUED) Staff also looked at the hourly breakdown for each task to evaluate the effort and costs per line item and at the possible number of plan sheets for the project in order to further evaluate the effort involved.Costs and scope descriptions with the consultant went through severaliterations back and forth between the consultant and staff. Staff solicited request for qualifications (RFQs) in 2010 for design services for Bonnie Brae widening. From the RFQ, Graham Associates was awarded a contract for Professional Services October 19, 2010 based upon their qualifications. Graham Associates experience with the Bonnie Brae project and demonstrated competencies make them the most qualified professional for these additional services. Professional Services are exempt from competitive bidding, per the Local Government Code 252.022, and may be awarded to the most qualified firm. OPTIONS 1.Approve the Professional ServicesAgreement. 2.Reject the Professional ServicesAgreement. RECOMMENDATION Staff recommends approval of the Professional Services Agreement between the City of Denton and Graham Associates, Inc. in the amount of $331,565.00for engineering services for the widening of Vintage Boulevard from Bonnie Brae Road west to Interstate Highway 35 West. The various analyses and negotiations conducted to evaluate the fee demonstrated that the amount of the contract is consistent with the level of effort required for a project of this nature. FISCAL INFORMATION Funding for this project will be provided from transfers from existing transportation bond projects with remaining balances. EXHIBITS Exhibit 1: Ordinance/Professional ServicesAgreement. Respectfully submitted, Frank G. Payne, P.E. City Engineer Agenda Information Sheet August 20, 2013 Page 3 Respectfully submitted: Chuck Springer, 349-8260 Director of Finance 1-AIS-File 5331 ORDINANCE NO. 2013-_______ AN ORDINANCEOF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENTFOR DESIGN AND ENGINEERING SERVICES WITH GRAHAM ASSOCIATES, INC.RELATING TO THE WIDENING OF VINTAGE BOULEVARD FROM BONNIE BRAE ROAD WEST TO INTERSTATE HIGHWAY 35 WESTIN AN AMOUNT NOT-TO-EXCEED $331,565; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 5331-AWARDED TO GRAHAM ASSOCIATES, INC.). WHEREAS, the professional services provider (the “Provider) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, the fees under the proposed Agreementare fair and reasonable,and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider’s profession,and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1.The City Manager, or his designeeis hereby authorized to enter into a Professional ServicesAgreement with Graham Associates,Inc., Arlington, Texas to provide professional design and engineeringservices in the amount of $331,565,relating to the wideningof Vintage Boulevard from Bonnie Brae Road West to Interstate Highway 35 West;a copyof which Agreement is attached hereto and incorporated by reference herein. SECTION 2.The City Manager, or his designeeis authorized to expend funds as required by the attached Agreement. SECTION 3.The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton, Texas under File 5331to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 5.This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2013. _______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By:_________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By:_________________________________ 2-ORD-File 5331 ConsentAgendaG AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2013Questions concerning this acquisition may be directed DEPARTMENT: MaterialsManagement toFrank Payneat 349-8946 ACM: Bryan Langley SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the approval of a Second Amendment to a Professional Services Agreement for Engineering and Design Services relating to the Mayhill Road widening and Improvements Project, by and between Freese and Nichols, Inc. and the City of Denton, Texas, providing for the expenditure of funds therefor; and providing an effective date (File 4511-Providing for an additional expenditure amount not-to- exceed $488,835 with the total contract amount not-to-exceed $5,040,742). BACKGROUNDINFORMATION The City Council approved a contract with Freese and Nichols, Inc. for the design of the Mayhill Road Widening and Improvements project on October 19, 2010 in the amount of $4,501,530. As part of the project, a number of properties have been acquired where the existing structures happened to be in conflict with the roadway improvements. The project necessitates the removal of these existing structures. In order to develop a plan for their removal, the possible presence of asbestos in the structures has to be determined. The City Manager approved Amendment No. 1 to the original contract amount on January 9, 2013 to include an asbestos survey of the existing structures. The net effect of Amendment No. 1 was a $50,377 increase in the contract amount to a total of $4,551,907. The project has continued to evolve since its inception, necessitating additional efforts in order to keep the job moving forward in an efficient manner. These additional efforts include the following: 1.Right-of-Way Acquisition Services a.Additional effort is being required in general for right-of-way (ROW) acquisition beyond the original scope budgeted for the contract. This additional effort has been evidenced through increased property owner coordination, site visits and documentation, mostly attributable to the passage of Senate Bill 18 (SB 18) by the Texas Legislature, which took effect on September 1, 2011. ($58,300) b.Additional meetings with property owners to explain the ROW process, the timeline for acquisitions and the design approach. ($23,850) Agenda Information Sheet August 20, 2013 Page 2 BACKGROUND INFORMATION (CONTINUED) c.Appraisal updates are being processed on certain appraisals older than six months to verify that the values listed are still current with the market. The acquisition process has been slowed somewhat by the lengthy approval process required by SB 18. As a result, a number of appraisals have needed to be updated or “refreshed” prior to presentation to the property owners. Costs associated with this effort have involved the actual appraisal updates and their review by the ROW professionals retained by the project’s prime consultant, Freese and Nichols, Inc. ($113,390) d.The project extents expanded somewhat beyond that originally scoped in the contract with improvements to Spencer Road, necessitating the appraisal of additional properties. ($13,200) e.City staff requested studies based on possible design options on various properties in order to facilitate the most cost effective acquisitions to complement the most technically feasible designs. ($6,230) f.The number of property owner and renter relocations expanded beyond the original budgeted scope, necessitating additional relocation assistance efforts. ($37,950) g.Additional ROW status and property owner meetings beyond that originally scoped for the project. ($38,660) 2.Design Services a.The original contract included a tie-in atthe intersection of Spencer Road and Mayhill Road. The profile of the Mayhill Road versus the existing profile of Spencer Road has led staff to include a more extensive tie-in with improvements to the culverts in Spencer Road. ($40,870) b.The alignment ofMayhill Road between Quail Creek Road and Spencer Road was modified after the initial alignment schematic was prepared and accepted as design information and research became available. This realignment to the west required some modifications to the initial plan and profile of the roadway, as well as its drainage system. ($19,100) Agenda Information Sheet August 20, 2013 Page 3 BACKGROUND INFORMATION (CONTINUED) c.The asbestos survey prepared in conjunction with Amendment No. 1 revealed the presence of asbestos in all of the acquired structures. Staff has asked Freese and Nichols, Inc. to prepare remediation and demolition plans for these structures. An environmental subconsultant will assist with remediation specifications and air monitoring during demolition. ($112,820) d.The original scope of the project included the use of embankments for the abutments of the bridge at the DCTA rail line. As the design progressed, it became evident that the use of retaining walls in addition to embankments would allow a decrease in the necessary ROW footprint. The addition of the retaining walls requires additional geotechnical investigations and structural design work. ($24,040) e.The removal of an existing detention pond at the Prominence Square development required the analysis of several different alternatives for drainage on the affected property. ($5,400) f.The scope of the original survey for the project was expanded to include areas impacted by alignment changes and expanded design efforts. ($25,135) 3.Archeological Investigation–The original scope of the contract included more detailed archeological investigations than were ultimately proven necessary after a review by the Texas Historical Commission, resulting in a savings to the project budget. (-$33,360) 4.Additional Reimbursable Expenses associated with these fees. ($3,250) Staff looked at the scope additions, the additional effort required by the design team, and the hourly breakdown for each task to evaluate the effort and costs per line item. Costs and scope descriptions with the consultant went through several iterations back and forth between the consultant and staff. OPTIONS 1.Approve the Second Amendment to the Professional Services Agreement. 2.Reject the Second Amendment to the Professional Services Agreement. Agenda Information Sheet August 20, 2013 Page 4 RECOMMENDATION Staff recommends approval of the Second Amendment to the Professional Services Agreement between the City of Denton and Freese and Nichols, Inc. in the amount of $488,835.00 for additional services for the Mayhill Road Widening and Improvements project. The various analyses and negotiations conducted to evaluate the fee demonstrated that the amount of the contract is consistent with the level of effort required for a project of this nature. The modified total contract not-to-exceed amount will be $5,040,742.00. This modified total represents an approximate increase of 11% over the original contract amount. FISCAL INFORMATION Funding for all phases of the Mayhill Road project wasapproved along with the original AFA on January 12, 2010. The City’s share of the local match has been allocated to the project. Denton County has allocated funding to the local match equivalent to that which the City has provided. Funds from the Statefor all three phases of the project (Engineering, ROW Acquisition/Utilities and Construction) have already been received and deposited. The recommended contract amendment with Freese and Nichols, Inc. will be funded from existing City, County and RTR funds already allocated to the project. EXHIBITS Exhibit 1: Original Contract and Amendment No.1 Exhibit 2: Ordinance/Professional Services Agreement Respectfully submitted, Frank G. Payne, P.E. City Engineer Respectfully submitted: Chuck Springer, 349-8260 Director of Finance 1-AIS-File 4511 Exhibit 1 ORDINANCE NO. 2013-_________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE APPROVAL OF A SECONDAMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING AND DESIGN SERVICES RELATING TO THE MAYHILL ROAD WIDENING AND IMPROVEMENTS PROJECT,BY AND BETWEEN FREESE AND NICHOLS, INC. AND THE CITY OF DENTON, TEXAS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 4511–PROVIDING FOR AN ADDITIONAL EXPENDITURE AMOUNT NOT-TO-EXCEED $488,835, WITH THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $5,040,742). WHEREAS, the City Council deems it necessary and appropriate and in the public interest to continue toengage the engineering firm of Freese and Nichols, Inc. (“FNI”), a corporation, with its corporate office at 4055 International Plaza, Suite 200, Fort Worth, Texas 76109,to provide the City with professional engineering and design services pertaining to the City of Denton Mayhill Road Widening and Improvements Project from Interstate Highway 35- E to University Drive (U.S. Highway 380), hereafter referred to as the “Project,” together with engineering services for said Project; and WHEREAS, the City Council previously considered and approved by Ordinance No. 2010-269, enacted on October 19, 2010, a Professional Services Agreement for Architect or Engineering Services (the “Agreement”) pertaining to the Project, which Agreement was in the amount not-to-exceed $4,501,530; and WHEREAS, the Agreement was modified by Change Order, being Amendment No. 1 to said Agreement, dated January 9, 2013 in the lump sum amount of $50,377 to include services regarding asbestos survey of existing structures to be removed, resulting in a revised total contract amount at that time, not-to-exceed of $4,551,907; and WHEREAS, the City staff has reported to the City Council that this project is a major project and there is a substantial need for the hereinabove described further professional services by the City of Denton;and WHEREAS, Chapter 2254 of the Texas Government Code, known as the “Professional Services Procurement Act,” generally provides that a city may not select a provider of professional services on the basis of competitive bids, but must select the provider of professional services on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; FNI has performed professional services for the City on prior engagements and is well–qualified to perform this project; and WHEREAS,the City Council hereby is of the opinion, and finds and concludes that FNI is appropriately qualified under the provisions of the law, to be retained as an engineering firm for the City respecting thisengagement; and WHEREAS, the City Council has provided in the City budget for the appropriation of funds to be used for the procurement of the foregoing professional services, as set forth in the 1 “SecondAmendment to a Professional ServicesAgreement for Engineering and Design Services”pertaining to the Project;NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1.Therecitations contained in the preamble hereto are true and correct and are incorporated herewith as a part of this Ordinance. SECTION 2:TheCity Manager is hereby authorized to execute a “SecondAmendment to aProfessional Services Agreementfor Engineering and Design Services”(the “Second Amendment”) with the engineering firm of Freese and Nichols, Inc.,aCorporation, for professionalengineering and designservices pertaining to the Project,as hereinabove described, in substantially the form of the Agreementwhich isattached “hereto”and which isincorporated herewith by reference. SECTION 3:The award of this SecondAmendmentis on the basis of the demonstrated competence and qualifications of the firm of FNI, and the ability of FNI, to perform the professional engineering and designand related services needed by the City for a fair and reasonable priceand on the basis of changes to the overall scope of services of the Agreement. SECTION 4:The expenditure of funds as provided for in the attached Second Amendmentishereby authorized. SECTION 5:This ordinance shall become effective upon its passage and approval. PASSED AND APPROVED this the _______ day of _______________, 2013. ________________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: __________________________________ 2 ConsentAgendaH AGENDA INFORMATION SHEET AGENDA DATE: August20, 2013Questions concerning this acquisition may be directed DEPARTMENT: MaterialsManagement toPhil Williamsat 349-8487 ACM: Bryan Langley SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute aProfessional Services Agreement with Resolved Energy Consultants, LLC, for Utility ConsultingServices for Denton Municipal Electric for a three (3) year period, in an amount not- to-exceed $520,000; authorizing the expenditure of funds therefor; and providing an effective date (File 5332 awarded to Resolved Energy Consulting, LLC). The Public Utilities Board recommends approval (5-0). FILEINFORMATION Resolved Energy Consulting(REC), formerly RJ Covington, has provided DME with a wide array of consulting services related to the Energy Reliability Council of Texas (ERCOT)market since 1999 with consistently highquality results.REC is strategically located in Austin where the Public Utility Commission of Texas (PUCT) and the ERCOT headquarters are located. In consideration of the highlycomplex and constantlychanging energy markets, DME is proposing to execute a Professional Services Agreement with REC in order to keep abreast of and plan for approved and potential changes to the electric and natural gas markets. As detailed in the Professional Services Agreement Exhibit A–Scope of Services, REC proposes to provide professional consulting services, which will focus on: A.ERCOT, PUC, and Other Meetings Attend ERCOT, PUC, and Other Meetings Analyze Proposed Policies and Protocols Financial and other Regulatory Compliance B.Coordination with Other Market Participants Work with Attorneys Work with DME Legislative Consultants C.Market Analysis D.Rate Analysis and Monitoring Agenda Information Sheet August 20, 2013 Page 2 FILE INFORMATION (CONTINUED) E.Gas Distribution Services F.Other Services In accordance with Texas Local Government Code 2254, the procurement of professional services is exempt from the requirement of competition based selection. The City of Denton has previous successful experience with the recommended firm, and has elected to not seek qualification based competition for these identified services. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) OnAugust 12, 2013,the Public Utilities Board recommended approval to forward this item to the City Council for consideration. RECOMMENDATION Approve a Professional Services Agreement between the City of Denton andResolved Energy Consulting, LLCin the not to exceed amount of $520,000. PRINCIPAL PLACE OF BUSINESS Resolved Energy Consulting, LLC Austin, TX ESTIMATEDSCHEDULE OF PROJECT Services to be performed will begin upon Council approvaland will continue untilthe completion of the project as defined in the Professional Services Agreement. FISCAL INFORMATION These services will be funded from operating account 600001.7854.9210A. Requisition#114354 has been entered in the Purchasing Software system. EXHIBITS Exhibit 1: Public Utilities Board Draft Minutes Agenda Information Sheet August 20, 2013 Page 3 Respectfully submitted: Chuck Springer, 349-8260 Director of Finance 1-AIS-File 5332 Exhibit 1 DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3August 12, 2013 4 5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7Monday, August 12, 2013at 9:00a.m. in the Service Center Training Room, City of Denton 8Service Center,901A Texas Street, Denton, Texas. 9 10Present:Chairman Dick Smith,Vice Chair Billy Cheek,Secretary Randy 11Robinson, Leonard Herring,and Barbara Russell 12 13Absent:Phil Gallivanand Lilia Bynum 14 15Ex Officio Members:George Campbell, City Manager and HowardMartin, ACM Utilities 16 OPEN MEETING: 17 18 CONSENT: 19 20 213)Consider recommendation of approval of a three year Professional Services Agreement for 22an amount not to exceed$520,000 between Denton Municipal Electric (DME) and Resolved 23Energy Consulting (REC) for DME’s energy consulting needs. 24 Agenda item 3wasmotionedto approve by Board Member Russellwith a second by Board 25 Member Cheek, vote 5-0 approved. 26 27 28Adjournment12:16 p.m. ORDINANCE NO. 2013-_________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH RESOLVED ENERGY CONSULTING, LLC, AUSTIN, TEXAS FOR UTILITY CONSULTINGSERVICES FOR DENTON MUNICIPAL ELECTRIC FOR A THREE-YEAR PERIOD, IN AN AMOUNT NOT TO EXCEED $520,000; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE(FILE 5332AWARDED TO RESOLVED ENERGY CONSULTING, LLC). WHEREAS, the City Council deems it necessary and appropriate and in the public interest to engage the utility consulting firm of Resolved Energy Consulting, LLC, Austin, Texas (“REC”), to provide the City with professional services in the area of utility regulation and operation, and other related consulting services for Denton Municipal Electric(“DME”); and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the hereinabove described professional services by Denton Municipal Electric, and that limited City staff cannot adequately perform the utility consulting and related services withits own personnel; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the Professional Services Procurement Act, generally provides that a city may not select a provider of professional services on the basis of competitive bids, but must select the provider of professional services on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; and the City Council hereby finds and concludes that RECis appropriately qualified under the provisions of the law, to be retained as autility consultingfirm for the City and for Denton Municipal Electric, respecting thisengagement; and WHEREAS, on the 20thday of August, 2013, this Professional Services Agreement for Utility Consulting Services (“Agreement”) was considered by the Public Utilities Board in its open meeting, and the Board recommended approval by a vote of 5to 0; and WHEREAS, the City Council has provided in the City budget for the appropriation of funds to be used for the procurement of the foregoing professional services, as set forth in the Agreement attached hereto; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1.The recitations contained in the preamble hereto are true and correct and are incorporated herewith as a part of this ordinance. SECTION 2.The City Manager is hereby authorized to execute a Professional Services Agreementfor Utility Consulting Serviceswith the firm of Resolved Energy Consulting, LLC, forprofessional consultingservices for Denton Municipal Electric, in substantially the form of the Agreementwhich isattached hereto and is incorporated herewith by reference. 1 SECTION 3.The award of this Agreementis on the basis of the demonstrated competence and qualifications of the firm of REC, and the ability of REC, to perform the professional consultingand related services needed by the City for a fair and reasonable price. SECTION 4.The expenditure of funds as provided for in the attached Agreement is hereby authorized. SECTION 5.This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _______day of ___________________, 2013. _______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: __________________________________ 3-ORD-File 5332 2 ConsentAgendaI AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2013Questions concerning this acquisition may be directed DEPARTMENT: MaterialsManagement toPhil Williams at 349-8487 ACM: Bryan Langley SUBJECT Consider adoption of an ordinance by the City of Denton Texas, authorizing the City Manager to execute the Second Amendment to aProfessional and Personal Services Agreemntwith AR/WS Texas, LP,for further services regarding the procurement and delivery of land rights for the Denton Municipal Electric 69kVSpencer to Denton North Interchange Transmission Line Upgrade Project; authorizing the expenditure ofadditional funds therefor in an amount not-to- exceed $191,800; and providing an effective date (File 4744-AR/WS Texas, LP aggregating an amount not-to-exceed $637,200). The Public Utilities Board recommends approval (5-0). FILEINFORMATION This amendment will authorizeAR/WS Texas LP, to continue to assist Denton Municipal Electric with achieving the acquisition of easements and fee tracts necessary for the completion of the 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project. A description of the project is included as (Exhibit 1). PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On June13, 2011, the Public Utilities Board recommended approval of the original contract in the amount of $381,800; this was approved by City Council on June 21, 2011.The Public Utilities Board recommended approval of Amendment One, in the amount of $63,600 on February27, 2012; this was approved bythe City Council on March 6, 2012. OnAugust 12, 2013, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. RECOMMENDATION Approve the Second Amendmentto the Professional and Personal Services Agreement with AR/WS Texas, LP, in an amount not-to-exceed $191,800for a total award of $637,200. PRINCIPAL PLACE OF BUSINESS AR/WS Texas, LP Abilene,TX Agenda Information Sheet August 20, 2013 Page 2 ESTIMATED SCHEDULE OF PROJECT This agreement shall become effective upon approval by City Council and shall remain in force for the period which may be reasonably required for the completion of the project. FISCAL INFORMATION The services will be funded from Certificate of Obligation Bond account 600483498.1365.3500. The amendment amount will be added to Purchase Order 153969. EXHIBITS Exhibit 1: Project Description Exhibit 2: Map of Approved Route Exhibit 3: Original Approved Contractand Amendment One Exhibit 4: Public Utilities Board Minutes Respectfully submitted: Chuck Springer, 349-8260 Director of Finance 1-AIS-RFP 4744 Exhibit 1 File 4744-Project Description Denton Municipal Electric (“DME”) is undertaking a project to reconstruct two existing transmission lines that are situated in the northeast quadrant of Denton. The first of these lines extends from the Spencer Generating Plant site north to the Kings Row Substation located along Kings Row approximately one-half mile inside Loop 288. The second transmission line is from the Kings Row Substation west to the Denton North Interchange (along the west side of North Locust Street at Hercules Street). Reconstruction of these two lines is required to provide the capacity necessary to meet the needs of growth, to replace facilities before they reach the ends of their service lives, and to relocate some facilities to areas that are less congested. Galvanized steel poles will be used for the projects. The original easements, established in the early 1960’s were located in mostly undeveloped rural areas, and the widths of the easements reflected the settings and the practicesof the time. As development has occurred, the easements for several sections of the transmission lines have become congested to the point where there are significant challenges to maintenance or to the normal replacements that will eventually be required. Current National Electrical Safety Code standards indicate that an easement width of seventy-five (75’) is an appropriate minimum width to accommodate these types of electric power transmission line structures and the operations and maintenance activities that will be required over time. Because of the congestion in some segments of the existing easements, the City has elected to relocate portions of the lines to areas where easements of the needed width can be obtained. AR/WS Texas LP has been hired by the City to provide appraisal and acquisition services for the project. AR/WS Texas LP’s staff members are highly skilled real estate professionals with an extensive background in successful utility driven projects. AR/WS is known as a company that cultivates a culture of professionalism among its staff. AR/WS also has an industry track record of interacting with affected property owners in such a way that demonstrates a respectful acknowledgement of the impact that the project will have on each property owner’s unique situation. After inputfromseveral community, Public Utility Board, and City Council meetings, the project alignment was determined that reflectsthe least impact on homeowners. The ultimatealignments were approved by City th Council onNovember 15, 2011, and January 10, 2012. The final alignments resulted in an increase in the number of tracts from the initial estimate of 35 to 42.Amendment No. one reflects appraisal and land rights procurement for all phases of the project from McKinney Street north to Kings Row then west to the Denton North Interchange. Amendment No. two reflects an increase in the number of tracts from 42 to 62,the addition of relocation services, and extensivetitle/curative research. DENTON NORTH SUBSTATION PROPOSED NEW KINGS ROW SUBSTATION KINGS ROW SUBSTATION N we s WOODROW SUBSTATION SPENCER SWITCH Spencer to Denton North 69kV Transmission Line 9IL.L Exhibit 3 Exhibit 4 DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3August 12, 2013 4 5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7Monday, August 12, 2013at 9:00a.m. in the Service Center Training Room, City of Denton 8Service Center,901A Texas Street, Denton, Texas. 9 10Present:Chairman Dick Smith,Vice Chair Billy Cheek,Secretary Randy 11Robinson, Leonard Herring,and Barbara Russell 12 13Absent:Phil Gallivanand Lilia Bynum 14 15Ex Officio Members:George Campbell, City Manager and HowardMartin, ACM Utilities 16 OPEN MEETING: 17 18 CONSENT: 19 20 212)Recommend approvalof an Ordinance by the City of Denton Texas, authorizing the City 22Manager to execute the second amendment to professional and personal services with 23AR/WS, L.P., for further services regarding the procurement and delivery of land rights for 24the Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission 25Line Upgrade Project; authorizing the expenditure of additional funds therefor in an amount 26not-to-exceed $191,800; and providing an effective date (File 4744–AR/WS, L.P. 27aggregating an amount not-to-exceed $637,200). 28 Agenda item2wasmotionedto approve by Board Member Russellwith a second by Board 29 Member Cheek, vote 5-0 approved. 30 31 32Adjournment12:16 p.m. ORDINANCE NO. 2013-_______ AN ORDINANCE BY THE CITY OF DENTON TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO APROFESSIONAL AND PERSONAL SERVICES AGREEMENT WITH AR/WS TEXAS, LP, FOR FURTHER SERVICES REGARDING THE PROCUREMENT AND DELIVERY OF LAND RIGHTS FOR THE DENTON MUNICIPAL ELECTRIC 69KV SPENCER TO DENTON NORTH INTERCHANGE TRANSMISSION LINE UPGRADE PROJECT; AUTHORIZING THE EXPENDITURE OF ADDITIONAL FUNDS THEREFOR IN AN AMOUNT NOT-TO-EXCEED $191,800; AND PROVIDING AN EFFECTIVE DATE (FILE 4744-AR/WS TEXAS, LP AGGREGATING AN AMOUNT NOT-TO-EXCEED $637,200). WHEREAS, on June 21, 2011by Ordinance No. 2011-102, the Councilawarded a Professional Services Agreement for Appraisal Services and Right-of-Way Acquisitionto AR/WS Texas LP, in the amount of $381,800 for services regarding the procurement and delivery of land rights for the Denton Municipal Electric 69kV Kings Row to Spencer Transmission Line Upgrade Project(hereafter the “Project”);and WHEREAS, on March 6, 2012 by Ordinance No. 2012-047, the Council awarded a First Amended Professional and Personal Services Agreement to AR/WSTEXAS, L.P. in the further amount of $63,600 aggregating a not-to-exceed amount of $445,400 for additionalservices to be rendered on the Project; and WHEREAS, there appears to the Council that further professional and personal services must be completed in order to move the Project forward to completion; and Staffhaving recommended, the Public Utilities Board,having approved, and the City Manager having recommended to the Council that the “Second Amendment to Professional and Personal Services Agreement with AR/WSTEXAS, L.P.” (hereafter the “Second Amendment”) beauthorized to amend such Agreement with respect to the scope of work and an increase in the payment amount;and said fees under the proposed Amended Agreementare fair and reasonable,and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the provider’s profession;and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1.The City Manager is hereby authorized to enter into the “Second Amendment to Professional and Personal Services Agreement with AR/WSTEXAS, L.P.” (the Second Amendment) which increasesthe amount of the engagement by and between the City of Denton, Texas and AR/WS Texas LP, which is on file in the office of the Purchasing Agent, in the additional amount of $191,800,which amount is hereby approved;and the expenditure of funds therefor is hereby authorized in accordance with said Second Amendment. The total purchase order amount thereforeincreases to the amount of not-to-exceed $637,200. SECTION 2.The City Council of the City of Denton,Texas hereby expresslydelegates the authority to expend funds and to take any actions that may be required or permitted to be performed by the City of Denton under File No. 4744, to the City Manager of the City of Denton, Texas, or his designee. SECTION 3.This ordinance shall become effective, and is hereby confirmed and ratified as of August 20, 2013. PASSED AND APPROVED this the day of ___________, 2013. ________________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By:_________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By:_________________________________ 6-ORD-File 4744 STATE OF TEXAS § COUNTY OF DENTON § SECOND AMENDMENT TO PROFESSIONAL AND PERSONAL SERVICES AGREEMENT WITH AR/WS TEXAS, LP (FILE #4744) This “Second Amendment to Professional and Personal Services Agreement with AR/WS TEXAS, LP” (hereafter the Second Amendment”) is made and entered into as of the _____ day st of ____________, 2013, but effective as of the 1 day of August, 2013; 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 AR/WS TEXAS, LP, a Limited Partnership, with its office at 1500 Industrial Boulevard, Suite 230, Abilene, Texas 79602, hereinafter called “AR/WS TEXAS, LP” each acting herein, by and through their duly authorized officials, officers and representatives. Previously, on June 22, 2011, the City of Denton, Texas engaged the firm of AR/WS TEXAS, LP, a Limited Partnership, of Abilene, Texas, by a “Professional Services Agreement for Land Appraisal Services and for Land Rights Acquisition Services Relating to the Denton Municipal Electric 69 KV Kings Row to Spencer Transmission Line Upgrade Project (Phase II)” (hereafter the “Agreement”), in order to perform professional services related to the valuation of and the acquisition of tracts of land in relation to the Capital Improvements Plan of the City’s owned electric utility, Denton Municipal Electric (hereafter “DME”). The Agreement provided for an expenditure of not-to-exceed $381,800 for such professional services and particularly described the services to be rendered on Exhibit “A” thereto; the City Council, by Ordinance No. 2011-102, approved said Agreement; and As work progressed by AR/WS TEXAS, LP, under the Agreement, it became necessary for the expansion of the original Agreement because of an increase in the number of tracts to be acquired, which decision was reached after several public hearings concerning the location of Phase II of the project; the number of tracts to be acquired by the City increased from 35 to 42, which exceeded the original cost estimate, and accordingly a “First Amended Professional and Personal Services Agreement” (hereafter the “First Amendment”) was entered into by and between the OWNER and AR/WS TEXS, LP for the additional not-to-exceed amount of $63,600 th on the 6 day of March, 2012; which First Amendment was approved by the Council by th Ordinance No. 2012-047, enacted on the 6 day of March, 2012; and As work further progressed on the project, on May 20, 2013 AR/WS TEXAS, LP, communicated with the City, in a letter, which four (4) page letter is attached hereto as Exhibit “A,” and is incorporated herewith by reference, stating that a number of additional factors which had not been provided for in either the Agreement or the First Amendment had arisen which would necessarily have AR/WS TEXAS, LP, incur additional time and expense. These factors were: several previously unknown parcels of real property were added to the project, re-rerouting of the project necessitated several additional title insurance commitments, introductory letters needed to be prepared, survey permits needed to be acquired, and additional research was required on one of the tracts in particular; and Accordingly, the OWNER and AR/WS TEXAS, LP, have proposed this “Second Amendment to Professional and Personal Services Agreement with AR/WS TEXAS, LP” (hereafter the “Second Amendment”); which Second Amendment provides for additional professional and personal services fees of not-to-exceed amount of $191,800, totaling a fee of not-to-exceed $637,200; and request that this Second Amendment be approved, confirmed and ratified, effective August 1, 2013, in order to continue the necessary services by AR/WS TEXAS, LP, on the project in an uninterrupted manner; and This timely acquisition of the tracts of land, and ultimately the completion of the project, is essential to the continued reliability of Denton Municipal Electric in serving its customers. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree to amend the terms of the Original Agreement and the First Amendment relating to the Project for the second time (the “Second Amendment”) as follows: ARTICLE I INCREASE OF COMPENSATION AMOUNT In Paragraph B, lines 3 and 4 of Article V of the Original Agreement delete “not to exceed the amount of $381,800;” and Paragraph B, line 3 and 4 of Article V of the First Amendment delete “not to exceed an additional sum of $63,600 for this Change Order, aggregating the total sum of $445,400;” and instead substitute the following language: “not to exceed an additional sum of $191,800 for this Second Amendment, aggregating the total sum of $637,200.” ARTICLE II EFFECT OF THIS SECOND AMENDMENT CONSULTANT AND OWNER hereto agree, that except as specifically provided for by this Second Amendment, that all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations of the Parties, set forth in the Original Agreement and the First Amendment, shall be and will remain in full force and effect. IN WITNESS HEREOF, the City of Denton, Texas has executed this Second Amendment, by its duly authorized City Manager; and CONSULTANT has executed this Second Amendment by and through its duly authorized undersigned officer on this the ____ day of ____________, 2013. 2 ConsentAgendaJ AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2013Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Ross Chadwick at 349-8830 ACM: Bryan Langley SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement for architectural and design services with Kirkpatrick Architecture Studio for the design of Fire Station 2 to be located at 3311 East McKinney Street, Denton, Texas in an amount not-to-exceed $555,500; providing for the expenditure of funds therefor; and providing an effective date (File 5334-awarded to Kirkpatrick Architecture Studio). FILE INFORMATION The last two City of Denton fire stations designed by Kirkpatrick Architecture Studio (Kirkpatrick), located in Denton, Texas, have won several awards and received national accolades for their designs and functionality. Kirkpatrick is a Leadership in Energy and Environmental Design (LEED) certified architect and was instrumental in Fire Station 7 becoming the first Gold LEED certified station in Texas and the second in the country. Both Central Station and Station 7 were designed by Kirkpatrick and were completed under budget and on schedule. The relationship with this firm has been outstanding and the Fire Department has been very satisfied with the final results. In addition, Kirkpatrick has designed several other fire stations in Texas, Oklahoma, and Louisiana in the recent past; all with very good references. Several of these stations were also LEED certified fire stations. The selection of Kirkpatrick to design two (2) previous fire stations resulted from a formal Request for Qualifications (RFQ) procurement process by which responses to the RFQ were openly marketed and solicited from multiple firms. Kirkpatrick has demonstrated excellent qualifications in the design of fire stations, and has a long, successful, and proven performance history with the City of Denton. In accordance with the provisions of Texas Local Government Code 252.022, and Texas Government Code 2254, staff recommends selection of Kirkpatrick Architecture Studio, without conducting a formal Request for Qualifications (RFQ) procurement process. Agenda Information Sheet August 20, 2013 Page 2 FILE INFORMATION (CONTINUED) A fire station is a civic statement, and the design should reflect a cost effective use of the t materials, products, and systems should be based on reasonable initial cost and a cost effective life cycle. All Denton Fire/Rescue Department facilities should be designed to a 50-year building life with minimal requirements for routine maintenance and repair. Durable materials are of high importance. Sustainability will also be a high priority in the fire station design. Energy efficiency/LEEDS compliance and/or certification will be an important design consideration along with pursuing all energy sources including solar and wind. Function over form will take precedence in designing sustainability into the station. As a result of previous discussions with Council; a proposal was requested from Kirkpatrick with two (2) design options. One option was with LEED certification and the second was with no LEED certification. Therefore, Kirkpatrick has provided both design options for City Council to provide policy direction. Kirkpatrick Architect Studio has proposed a basic design fee of $390,500 which does not cover the specialized design and certifications for LEED which would add a fee of $165,000 to the Professional Services Agreement (PSA). Design Option 1 Sustainable without LEED certification = $390,500. Design Option 2 Sustainable with LEED certification = $165,000 + $390,500 = $555,500. Construction costs are not estimated to increase significantly for LEED certification. The key cost impact for LEED will be the design and certification costs of $165,000. If the City Council directs staff to proceed without LEED certification, the design will still incorporate many as best business practices for this new fire station. Staff will present these additional costs as options to Council during their approval process for a construction bid. And alternatively, if the City Council directs staff to proceed with LEED certification, staff will also present those additional costs to Council during their approval process of a construction bid. An analysis of the proposed fees in this PSA indicates that Kirkpatrick is well within the established pricing percentages for this type and scope of work. Industry standard provides for the cumulative design services package to total roughly 10 to 12 percent of the total anticipated cost of the construction project. City staff, including Materials Management, Facilities Management, and the Fire Department, examined this proposal and other recent projects in terms of the total design percentage and the individual design components including: Architectural, Mechanical/Electrical/Plumbing(MEP), Structural Engineering, Civil Engineering, and Landscape Architecture. The components in the proposal from Kirkpatrick (without LEED certification design) calculate to just over 11 percent of the estimated project construction total. Therefore, proposed fees and reimbursable items are in keeping with industry standards and are acceptable for this scope of work. Agenda Information Sheet August 20, 2013 Page 3 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On January 7, 2013 the City Council gave direction to select an architect to design Fire Station 2 as the initial step in reconstructing three existing fire stations. In addition, Council directed that this initial design also be used if possible as the prototype for future fire station design. RECOMMENDATION Award a Professional Services Agreement for Design Services and Construction Oversight for the reconstruction of Fire Station 2 to Kirkpatrick Architecture Studio in the amount not-to- exceed $550,500. PRINCIPAL PLACE OF BUSINESS Kirkpatrick Architecture Studio Denton, Texas ESTIMATED SCHEDULE OF PROJECT Project design will begin upon City Council approval. The entire construction project is anticipated to take eighteen (18) months to complete. FISCAL INFORMATION The City Council has committed to provide up to $1,000,000 in funding for the design and property acquisition to reconstruct the existing Fire Station 2 at 3309 East McKinney. Property has been acquired ($290,000) with approval by City Council and will close in September 2013. Station construction is estimated at $3,400,000 with funding obtained by issuing Certificates of Obligation (COs), which have been included in the adopted Capital Improvement Program budget for Fiscal Year 2013-2014. EXHIBITS Exhibit 1: Kirkpatrick Architecture Studio Proposal Respectfully submitted: Chuck Springer, 349-8260 Director of Finance 1-AIS-RFP 5334 Exhibit 1 ORDINANCE NO. 2013 _______ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECTURAL AND DESIGN SERVICES WITH KIRKPATRICK ARCHITECTURE STUDIO FOR THE DESIGN OF FIRE STATION 2 TO BE LOCATED AT 3311 EAST MCKINNEY STREET, DENTON, TEXAS IN AN AMOUNT NOT-TO-EXCEED $555,500; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 5334-AWARDED TO KIRKPATRICK ARCHITECTURE STUDIO). WHEREAS, t is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional aximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to enter into a professional service contract with James R. Kirkpatrick, Architect, to provide professional architectural and related services for the design of Fire Station 2, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager is authorized to expend funds as required by the attached contract. SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 5334 to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2013. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:_________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ________________ BY: _________________ 3-ORD-File 5334 ConsentAgendaK AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2013 DEPARTMENT: ACM: Bryan Langley SUBJECT Consider adoption of a resolution repealing Resolution No. R2006-014 which established a Public Art Policy for the City of Denton, and establishing a revised Public Art Policy for the City of Denton, Texas; and providing for an effective date. BACKGROUND include a base of 2% for the arts from all future Capital Improvement Programs, with the option and flexibility to increase to a 4% maximum, based on needs and provided as Exhibit 1. The public art policy was intended to complement major city-wide capital projects; however, it did not contemplate a single issue bond program devoted to infrastructure. Accordingly, the City Council asked the Citizens Bond Advisory Committee to provide a recommendation on whether the policy should be applied to the 2012 Street Bond election. After much discussion, the Citizens Bond Advisory Committee and the City Council recommended that voters consider up to $400,000 (2% of $20 million) in public art funding as part of the $20.4 million bond program. The bond program was approved by voters overwhelmingly (78% for and 22% against) on November 6, 2012. During a July 2012 Hotel Occupancy Tax Committee meeting, the Committee requested that staff initiate a discussion with the entire City Council to discuss potential amendments to the public art policy. In particular, the Committee was concerned that the policy could be interpreted to apply to a potential issuance of debt for the proposed convention center, and they wanted to clarify what debt issuances are subject to the public art policy. Currently, the policy does not define Capital Improvement Programs, nor does it differentiate between voter authorized bonds, revenue bonds, certificates of obligation, or any other debt instrument. Therefore, at a minimum, the current policy should be clarified to express the intent of the City Council. After reviewing the public art policy in detail, staff has also identified some additional concerns. First, if the policy is applied to only voter authorized bonds, public art funding is limited in timing and scope. By law, public art funding can only be applied to a project that is closely Agenda Information Sheet August 20, 2013 Page 2 related to a proposition that is approved by voters. Otherwise, the public art project must be independently approved by the voters as a separate and standalone proposition. In addition, the timing and amount of future bond programs is not known. As a result, a more reliable, flexible, and predictable source of funds is needed to properly fund public art projects. Second, the current public art policy also indicates that the Public Art Committee serves in an advisory capacity to the Parks, Recreation, and Beautification Board. Since potential public art projects may be at a number of City facilities (e.g. Airport, Convention Center, etc.), this reporting structure is inconsistent with the city-wide emphasis that is given to the Public Art Committee. Finally, the city lacks a public art master plan, and without such a plan, the Public Art Committee and City Council do not have a foundation for selecting public art projects in the community. In addition, the lack of a master plan makes it difficult to determine projects that should be included in a bond program. This issue is further complicated by the fact that public art projects must be closely related to the bond proposition unless it is presented as a standalone item for the consideration by the voters. To address the above issues, staff proposed several changes to the Public Art Policy at the August 5, 2013, City Council Meeting. Most notably, staff is recommending that the City Council consider placing a standalone bond proposition on future bond authorization elections to fund public art projects. The amount of the bond proposition (if any) will be determined by the City Council and may be between 2% and 4% of those portions of the bond election that are determined to be appropriate for arts funding. This provision of the public art policy will not apply to improvements such as streets, drainage, traffic control, or other infrastructure related items. By submitting public art projects to the voters directly, bond funds will be allowed to be used for any purpose approved in the election. The source of funding can be from donations, or any funding source deemed appropriate by the City Council. The amount of contributions to the fund will be determined annually by the City Council during the annual budgeting process. By utilizing a Public Art Fund, the City Council will have more flexibility to use the funds for any public art project that they choose. In addition, the Public Art Fund will provide a more reliable and predictable source of funds for public art projects. Staff also recommended that the Public Art Committee report directly to the City Council as an advisory committee. By doing so, communication regarding public art projects will be improved and strengthened. Lastly, staff recommended that funding be provided to complete a Public Art master plan. In the st proposed budget which was discussed with the City Council on August 1, staff identified $80,000 in funding from the current fiscal year which will be utilized to complete a master plan. Agenda Information Sheet August 20, 2013 Page 3 In summary, staff is proposing a number of revisions to the public art policy to 1) resolve potential issues with the allocation of bond proceeds, 2) enhance the role of art in the community, and 3) provide a more predictable, reliable, and flexible funding plan for public art projects. To address these issues, clarify language, and improve sentence structure, staff drafted potential language revisions to the Public Art Policy. These changes are shown in the redline version of the policy which is attached as Exhibit 2. RECOMMENDATION Staff recommends approval of the resolution repealing Resolution No. R2006-014 and establishing a new and revised Public Art Policy. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On April 18, 2006, the City Council approved the current version of the Public Art Policy by Resolution R2006-014. On March 12, 2013, the Public Art Committee discussed potential Public Art Policy revisions. On March 19, 2013, the City Council discussed the Public Art Policy and potential revisions. On August 5, 2013, the City Council discussed the proposed revisions to the Public Art Policy. FISCAL IMPACT During the current fiscal year, $80,000 has been identified for a Public Art Master Plan. In future developed based on the projects identified in the Public Art Master Plan. EXHIBITS Exhibit 1: Resolution No. R2006-014 - Current Public Art Policy Exhibit 2: REDLINE Version of Public Art Policy with Proposed Amendments Exhibit 3: Proposed resolution and revised policy Respectfully submitted: Bryan Langley Assistant City Manager EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 2 City of Denton Public Art Policy I. Intent and Purpose The City of Denton’s Public Art Policy confirms the commitment that the Denton community has for sustaining and promoting its unique, creative identity. Art enhances the cultural, physical, and psychological environment by enlivening and humanizing 1 public spaces. As stated in The Denton Plan: “Public art provides a number of benefits to the city. It can create interest, create local distinctiveness, provide a memorable image associated with the city or certain districts within the city, lend character to urban spaces, and make the urban environment more attractive.” Denton has experienced a rich tradition of promoting the arts for over a century. The first art course was taught at the University of North Texas (Texas Normal College and Teacher Training Institute) in 1894 and at Texas Woman’s University (Girls Industrial College) in 1901. Both art programs have had a significant impact on Denton, which continues today, making it a home for hundreds of professional artists and influencing Denton’s visual heritage. In recognition of the role that public art already plays in Denton, by interpreting its history, character, and aspirations, and of the importance of integrating public art into the daily lives of its citizens, the City of Denton’s Public Art Policy is established to achieve the following goals: Create distinct, attractive, and inviting public space by including public art as an integral part of the design of spaces and around development. Celebrate Denton’s cultural heritage and diversity by encouraging collaboration between artists and the community. Distinguish Denton’s image in the metroplex by providing for the creation of quality public art in locations of prominent stature. Foster community education and enjoyment of public art. Promote a community environment that attracts artists to live and work, businesses to invest and locate, and residents to thrive. Encourage participation in the provision of public art through public and private investment. Advance collaboration between the City of Denton and the Greater Denton Arts Council (GDAC) in achieving the goals of this policy. II. Definition of Public Art Public art, as defined by this policy, encompasses the broadest definition of visual art including all artistic disciplines. Public art governed by this policy shall be art that is visually or physically accessible to the public and that is acquired by, donated to, and approved by the City of Denton. Public art that is neither paid for with public funds, nor 1 Denton Plan 1999-2020 Comprehensive Plan of the City of Denton, Texas Policies, Goals, Strategies & Implementation. EXHIBIT 2 created through special conditions by approval of the City of Denton, is not governed by this policy. III. Policy Administration The City Council shall establish and appoint a Public Art Committee that will serve in an advisory capacity to theParks, Recreation and Beautification Board City Council. This Public Art Committee, established by separate ordinance, will make recommendations on the: Commissioning, placing, and installing of public art Implementation of funding mechanism(s) for public art Effective and efficient management of public art Ongoing maintenance of public art Accessioning, deaccessioning and resiting of public art The Public Art Committee will provide as appropriate an annual report detailing its goals and accomplishments related to the implementation of this policy. TheDirector of Parks and Recreation Department willserve administerasthestaff liaison to the Public Art Committee Policy for the City of Dentonin collaboration with GDAC. The Denton City Council will appoint two members representing the GDAC to the Public Arts Committee. The GDAC Board of Directors will nominate these members. TheGDAC Executive Director and the Parks and& Recreation Director will serve as ex-officio members on the Public Art Committee. The Public Art Committee will develop detailed guidelines outlining all aspects involved with the implementation of this policy. IVCommunity Involvement . TheParks, Recreation and Beautification Board and the City Council seeks to ensure citizen involvement through the establishment of the Public Art Committee and the review and approval of each public art project. In addition, the Public Art Committee will work with the GDAC and local educational institutions to educate and inform citizens about projects and the process for involvement. V. Funding Funding for public art should be realized from both public and private sources to insure a broad and balanced program. Public Funding The City of Denton shallinclude a base of 2% for the arts from all future Capital Improvement Programs, with the option and flexibility to increase to a 4% maximum, based on needs and economic conditions. Funds appropriated will be utilized to support City approved and initiated projects. Funds from individual projects can be combined into aggregate project(s). Page 2 of 6 EXHIBIT 2 The City Council will consider placing a standalone bond proposition on future general purpose capital improvement bond authorization elections that, if approved by the voters, will fund public art projects. The amount of each public art bond proposition will be determined by the City Council within a range, if existing priorities so permit, of between 2% and 4% of those portions of the capital improvement bond program authorization election that do not apply to streets, drainage, traffic control, and other related infrastructure. The bond funding to be dedicated to public art is solely contingent upon voter approval of the public art proposition submitted to the voters. This provision only applies to voter approved General Obligation bond issuances. The City will establish a separate fund for public art projects. The City will strive to develop resources, and/or contribute funding, for public art projects, approved annually by the City Council, including, but not limited to, projects identified in the public art master plan as amended from time to time. The source of these funds may include proceeds from any funding source deemed appropriate by the City Council including, but not limited to, voter approved Capital Improvement Bond Program Authorization Elections, Certificates of Obligation, or allocations from the City of Denton’s operating budget. Annually, commencing with program year 2007, at least 2.4% of the total Hotel Occupancy Tax (HOT)revenues will be allocated for public arts projects as allowed under Texas Tax Code 351.103 (c). This represents 16.01% of the 15% maximum that is allowed for the arts category, and allows for sustained funding of existing agencies in the arts category and provides a balance for potentially new agencies. Funding eligibility will be contingent on fulfillment of financial, reporting, and use requirements as outlined by the Hotel Occupancy Tax Program Guidelines. Tax abatements to developers that include publicly accessible art as a significant component of the development are outlined in the Denton Policy for Tax Abatement. Under this policy, Fifty percent of the the City may consider granting an additional 5%tax abatementsavings from 5% abatement should be committed to public art for projects provided that at least 50% of the additional tax abatement is committed to public art by the applicant. Private Funding TheParks and Recreation Department,City Council, Public Art Committee, and GDAC will actively pursue public andprivate sources to fund public art initiatives. Individuals, businesses and organizations will also be encouraged to make contributions. With the exception of HOT funds, aAllother public art fundings for public art received by the City of Denton from any source other than Capital Improvement Programs and HOT funds will be deposited into a separate a public art agency accountPublic Art Fund Page 3 of 6 EXHIBIT 2 established by the City of Denton. Theseis funds will be used to support city-initiated public art projects as approved by the City of DentonCouncil.The Parks and Recreation Department will administer this fund and agency account. The Public Art Committee will have responsibility for making recommendations for allowable uses of these funds with final approval by the City Council. VI. Site Selection As established in The Denton Plan: The provision of public art will normally be expected as part of any large development scheme. Public art should be considered as an integral part of the design of space in and around development. The Public Art Committee should adopt standards to guide the placement of art in public places such as landmarks, view corridors, pockets, traffic circles, and other locations of prominent stature. Site locations for public art will be identified and recommended by the Public Art Committee to theParks, Recreation and Beautification Board , with final approval by the City Council.As requested by the City Council, tThe Public Art Committee will make its recommendations to: Complement and supplement other planning documents and adopted masterplans. Insure visual and physical access by the public. Insure suitability and appropriateness of art to the site. Provide a balanced and equitable distribution of art in the city. Allow for efficient management and maintenance of the art at the site location. VII. Eligible Projects The Public Art Committee will be responsible for the development of specific guidelines in making recommendations for eligible projects. In general, eligible projects will include: The commissioning of permanent works designed for specific public sites in Denton The loan, purchase, or donation of art works The installation of short-term projects that result in the creation of temporary or permanent public art VIII. Art and Artist Selection The Public Art Committee will develop and adopt specific criteria for the selection of artists and artwork with final approval from the City Council. Methods used for artist selection may include open competition, invitational competition, or direct selection and must comply with all laws, regulations, and city policies governing purchasing. IXOwnership and Copyright . Permanent pieces of public art shall be the property of the City of Denton. The City shall own the physical work, with unlimited reproduction rights allowed the City for Page 4 of 6 EXHIBIT 2 appropriate promotional and educational purposes. Legal title and copyrights in any work of public art will be spelled out contractually between the City and the artist/owner. X. Maintenance Prior to acceptance of any piece of artwork by , the Public Art Committee, ais required to develop a recommendation should be developed for its short and long-term maintenance, including a budget for each project. All permanent public art projects must have a maintenance plan that projects both staff time and funding required to properly maintain the work. The City of Denton shall be responsible for the maintenance and management of city initiated public art projects approved by the City Council. XI. Accessioning, Deaccessioning, and Resiting of Public Art Gift acceptance and placement of public art should be in accordance with historic use and in keeping with the City of Denton general public art goals. The quality, scale, and character of the gift should be appropriate to the particular setting.Donations of works that require the City of Denton to pay installation, framing, restoration, or repair are not encouraged. The City of Denton will evaluate such expenditures at the time the gift is considered. Works of art requiring high or excessive maintenance may be declined. All donations of art must be reviewed by the Public Arts Committee and the Parks, Recreation and Beautification Board, and must be approved by the City Council with due consideration given to any Public Art Committee recommendations. In accordance with the provisions of guidelines established by Public Art Committee, the City of Denton shall deaccession and dispose of works of art in its collection only when it finds such action to be in the public interest or as a means of improving the quality of the collection or public safety. Works of public art may be relocated or removed if a gift or commissioned piece becomes a hazard or liability or if the approved terms of acceptance are not fulfilled. Works of art that meet the definition for public art covered by this policy but which came into existence prior to the adoption of the policy will be subject to this same deaccessioning procedure. XII.Temporary Exhibits Public art projects may include installations, artist-in-residence programs, and other short-term projects that result in the creation of temporary public art. XIII. Lending Policy Artwork may be loaned to other agencies or entities if deemed appropriate by the Public Art Committee with final approval of the City Council with due consideration given to any Public Art Committee recommendations. The Public Art Committee will be responsible for recommending criteria for establishing a lending policy. Page 5 of 6 EXHIBIT 2 The Denton Public Art Policy is based uponthe Arlington County, Virginia, Public Art Policy. Page 6 of 6 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 ConsentAgendaL AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2013 DEPARTMENT: ACM: Bryan Langley SUBJECT Consider adoption of an ordinance amending Chapter 22 of the Code of Ordinances, City of Denton, Texas by amending Section 22-4, have the duty to make recommendations to the City Council and the Parks and Recreation director regarding policy matters related to public art; amending Section 22-6, to provide for a City Council appointed nine-member Public Art Committee to serve as an advisory board to the City Council; repealing Ordinance No. 2006-105; and providing an effective date. BACKGROUND On April 18, 2006, the City Council approved Resolution No. R2006-014 establishing a Public Art Policy. On this same date, the City Council also adopted Ordinance No. 2006-105 establishing a Public Art Committee to serve in an advisory capacity to the Parks, Recreation, and Beautification Board to make recommendations regarding: Commissioning, placing, and installing of public art Implementation of funding mechanism(s) for public art Effective and efficient management of public art Ongoing maintenance of public art Accessioning, deaccessioning and resting of public art Over the past several months, the City Council has discussed several proposed revisions to the Public Art policy. Most notably, staff is recommending that the City Council consider placing a standalone bond proposition on future bond authorization elections to fund public art projects. The amount of the bond proposition (if any) will be determined by the City Council and may be between 2% and 4% of those portions of the bond election that are determined to be appropriate for arts funding. This provision of the public art policy will not apply to improvements such as streets, drainage, traffic control, or other infrastructure related items. By submitting public art projects to the voters directly, bond funds will be allowed to be used for any purpose approved in the election. The source of funding can be from any source deemed appropriate by the City Council, and the amount of contributions to the fund will be determined annually by the City Council during the annual budgeting process. By utilizing a Public Art Fund, the City Council will have a more reliable and predictable source of funds for public art projects. Lastly, staff is recommending that the Public Art Committee report directly to the City Council as an advisory committee. By doing so, communication regarding public art projects will be improved and strengthened. Agenda Information Sheet August 20, 2013 Page 2 As a separate item on the August 20, 2013, agenda, the City Council will formally consider revisions to the Public Art Policy. The revised policy will address the aforementioned public art funding components, as well as, the reporting structure of the Public Art Committee. However, since the Public Art Committee was originally created by ordinance to advise the Parks, Recreation, and Beautification board, a separate action is required by the City Council is required. The purpose of this item, therefore, is to formally revise the code of ordinances so that Public Art Committee will advise the City Council directly. In the attached ordinance that is presented for consideration, staff has revised the language necessary to have the Public Art Committee report directly to the City Council as an advisory committee. The suggested changes do not affect the current number of committee members, or the method in which members will be appointed to the committee. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On April 18, 2006, the City Council approved the current version of the Public Art Policy by Resolution R2006-014. On March 12, 2013, the Public Art Committee discussed potential Public Art Policy revisions. On March 19, 2013, the City Council discussed the Public Art Policy and potential revisions. On August 5, 2013, the City Council discussed the Public Art Policy revisions EXHIBITS Exhibit 1: Ordinance No. 2006-015 Exhibit 2: Proposed Resolution and Revised Public Art Policy Exhibit 3: Proposed Ordinance Respectfully submitted: Bryan Langley Assistant City Manager EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 ConsentAgendaM AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2013 DEPARTMENT: Utility Administration ACM: Howard Martin SUBJECT Consider approval of a resolution of the City Council of the City of Denton, Texas receiving and accepting the City of Denton, Texas Master Drainage Study of the Downtown Implementation plan (‘”DTIP”) and the Tax Increment Finance Districts (“TIF”) – 2013, conducted by Teague Nall and Perkins, Inc. and HALFF Associates, Inc; and providing an effective date. BACKGROUND During moderate to intense storms the downtown area has experienced flooded homes, businesses, and impaired emergency response. The Pecan Creek and its North Pecan Creek and PEC-4 tributaries create flooding conditions on the north and south sides of the downtown. The storm drain system within the downtown is then impacted by the backwater from the Pecan Creek and its tributaries. In addition, the existing storm drain system is undersized for the 10 and 100-year storms creating street flooding. As part of a master planned development/redevelopment of the downtown, the city had implemented the Downtown Implementation Plan (DTIP). This study was completed in 2010. The DTIP boundary was established as part of this study. Since then, a TIF district has also been established with its own boundary. These DTIP/TIF areas constitute the downtown core. Floodplain is a limiting factor in redevelopment of the DTIP/TIF area and downtown in general. The Denton Development Code and FEMA regulations regulate the growth that can occur in the floodplain areas. To further the development/redevelopment of the DTIP/TIF areas, a master drainage study was initiated in 2012. A Request for Proposals was issued, and the Teague Nall & Perkins and Halff Associates consultant team was retained for the master drainage study of the DTIP/TIF area. A brief scope of work for the master drainage study is listed below; Brief Study Scope Determine the impact of the Pecan Creek, North Pecan Creek and PEC-4 on the study area storm drainage system Create 1-D and 2-D computer models to evaluate the existing storm drainage system, street flooding and deficiencies Model the ultimate development condition storms to size the study area storm drainage system for a 100 year storm Determine planning level costs of the recommended improvements The consultant has completed the master drainage study. As part of the study all of the existing storm drainage system was field verified for location and depth. This was then included in the InfoWorks Storm Drain computer model along with pertinent hydrologic and hydraulic data. The existing condition flooding elevations from the computer model were calibrated with observed water surface elevations during the 2007 storm. The computer model was then used to develop ultimate condition 100-year storm water runoff and the storm drains were sized to accommodate this flow. To understand the flooding impact in the DTIP/TIF area one needs to holistically look at all of the storm drainage components that contribute to flooding. As mentioned above, besides the inadequacy of the existing storm drains for even a 10-year storm condition, the DTIP/TIF area is also impacted by the Pecan Creek and its tributaries during moderate to intense storm events. Slide No. 4 in the attached power point in Exhibit 1 shows the DTIP/TIF areas impacted by flooding from these creeks. In 1996 city had commissioned a master drainage study of the Pecan Creek, North Pecan Creek and PEC-4. The consultant produced the report titled “City of Denton, Pecan Creek Master Plan” as part of this study (Slide No. 5 in Exhibit 1). The consultant made recommendations on phasing of channel/box culvert improvements, rerouting of part of the 100- year runoff upstream of Carroll Boulevard from the Pecan Creek Channel to the North Pecan Creek tributary along Panhandle and provided planning level cost estimates. To control flooding during the 100-year as well as the lower intensity storm events, the channel improvements identified in the 1996 master drainage study will have to be constructed over time. Staff has taken the cost estimates from the 1996 study and applied the Engineering News Record Construction Cost Index for the DFW area to update the costs to 2013 dollars. A summary of these construction phases and attendant costs along with the DTIP/TIF area planning level costs is listed below; PEC-4 Box Culverts: $9.40 Million Pecan Creek Channel: $13 Million North Pecan Creek Diversion: $2.4 Million North Pecan Creek: $7.4 Million DTIP/TIF Area: $2.04 Million TOTAL : $34.25 Million Based on the flooding impacts of the different creeks a recommended construction priority for the above projects including the DTIP/TIF projects identified in the 2013 study is as shown below; Hickory Street System (2013)/Trunk Line System 2014, $591K PEC-4 Box Culverts Phase 1- Phase 4 (2013-2018, $9.4 Mil) Pecan Creek from Sycamore to Frame Street (2017, $5.1 Mil) South Bell System ($806 K) Oak System ($228 K) Complete Pecan Creek Phase 2 from Frame to Parkway ($1.7 Mil) North Pecan Creek Phase 1 ($2.6 Mil) North Pecan Creek Diversion Phase 2 ($2.4 Mil) Pecan Creek Phase 3 ($5.7 Mil) Pecan Creek Phase 4 ($5.5 Mil) North Pecan Creek Phase 3 ($4.9 Mil) Of the projects listed above, the Hickory Street System will be constructed as part of the Hickory Grand Street project. In addition Slide nos. 10 and 11 in Exhibit 1 show funding for the PEC-4 Phase 1 through Phase 4 for the box culvert project. Slide No. 15 shows funding for the Pecan Creek channel from Sycamore to Frame Street. The PEC-4 project will have significant impact on development in the southern part of the DTIP/TIF and the downtown area, as all of the floodplain will be contained within the box culverts. Similarly areas downstream of Frame Street will have a positive impact from the Pecan Creek channel improvements from Sycamore to Frame Street. The flooding along W. Parkway and the surrounding streets is almost entirely due to creek flooding including undersized box culverts under Carroll and along Parkway. As indicated in the 1996 Pecan Creek Master Plan study, the necessary improvements require extensive channel and culvert improvements, including the Pecan Creek channel diversion component as identified in the project list above. RECOMMENDATION Staff recommends approval of the resolution pertaining to the DTIP/TIF Master Drainage Study. PRIOR ACTION/REVIEW (Council, Boards, Commissions) August 7, 2012: Council recommended approval of the professional engineering services contract with Teague, Nall & Perkins Inc. August 5, 2013: Presentation to Council in Council Lunch Session EXHIBITS 1.Power Point for DTIP/TIF Master Drainage Study 2.Council Resolution Respectfully submitted, P. S. Arora, P.E. DRC Engineering Administrator EXHIBIT2 RESOLUTION NO. R2013- _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS RECEIVING AND ACCEPTING THE CITY OF DENTON, TEXAS MASTER DRAINAGE STUDY OF THE DOWNTOWN IMPLEMENTATION PLAN (‘”DTIP”) AND THE TAX INCREMENT FINANCE DISTRICTS (“TIF”) – 2013, CONDUCTED BY TEAGUE NALL AND PERKINS, INC. AND HALFF ASSOCIATES, INC; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas engaged the engineering firms of Teague Nall and Perkins, Inc., a Texas Corporation and Halff Associates, Inc. (hereafter “the Consultants”) to perform engineering services for the City in the form of a “Master Drainage Study” of the DTIP and TIF districts of downtown Denton, Texas; and WHEREAS, floodplain is a limiting factor in the redevelopment of DTIP and TIF districts as well as in downtown Denton; the DTIP and TIF areas constitute the downtown core; the Denton Development Code as well as the Federal Energy Management Agency (“FEMA”) regulations regulate the growth that can occur in the floodplain areas; and WHEREAS, in order to further the development and redevelopment of the DTIP and TIF districts, a master drainage study began on August 7, 2012; this master drainage study consisted of four (4) parts: (1) determine the impact of Pecan Creek North Pecan Creek and PEC-4 on the study area storm drainage system; (2) create 1-D and 2-D computer models to evaluate the existing storm drainage system, street flooding and deficiencies; (3) model the ultimate development condition storms to size the study area storm drainage for a 100 year storm; and (4) determine planning level costs of the recommended improvements; and WHEREAS, based upon the flooding impact data gathered on the different creeks, a recommended construction priority list was offered by the Consultants which consists of four (4) projects in the DTIP/TIF area; many other pertinent observations and conclusions were offered by the Consultants as a result of their study; and WHEREAS, the City Council having reviewed the Master Drainage Study, finds that this study should be received and adopted by the Council, as it is in the best interests of the City of Denton, Texas and its citizens; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, Texas has received and hereby accepts the “Master Drainage Study” of the DTIP/TIF Districts conducted by the Consultants. SECTION 2. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _____ day of _____________________, 2013. _______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: _________________________________ 2 ConsentAgendaN AGENDA INFORMATION SHEET AGENDA DATE: August 20,2013 DEPARTMENT: Economic Development ACM: John Cabrales, Jr. SUBJECT Consider approval of a resolution allowing Corey Pond, ofThe Common Table to be the sole participant allowed to sell alcoholicbeverages at the Canned Festival, to be held in Williams Square (parking area bordered by E. Hickory and Mulberry Streets; east of Wells Fargo Bank; and west of 210 E. Hickory),onOctober5,2013, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. Staff recommends approval. BACKGROUND The Canned Festivaloutdoor concerts will be heldon city propertyin the Williams Trade Square. Corey Pond, of The Common Table,hasrequested to be able to sell alcoholic beverages oncity property during the festival.Attached, please find a letter of request from Glen Farris, festival organizer. RECOMMENDATION Staff recommends approvalof the resolutionand agreement as submitted, which is consistent with agreements forother events serving alcoholic beverages. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Other event organizer’srequests (35 Denton)to be allowedthe sale and consumption of alcohol oncity property for this locationwas approved at the February15, 2011and February 21, 2012 City Councilmeetings. FISCAL INFORMATION None EXHIBITS 1.Letter of Request 2.Resolution Respectfully submitted: Julie Glover Economic Development Program Administrator EXHIBIT 1 ConsentAgendaO AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2013 DEPARTMENT: Parks and Recreation ACM: John Cabrales, Jr. ________________________________________________________________________ SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of the Canned Festival sponsored by Spune Productions. The event will be held on City property, Williams Trade Square, on Saturday, October 5 from 2 p.m. to 10 p.m. The exception is specifically requested to increase sound levels from 70 to 75 decibels. Staff recommends approval of request. BACKGROUND The Canned Festival features live music by national and local bands and will have over 30 different brewery booths offering samples of their beverages to paid attendees. Event organizers plan to educate attendees about recycling and sustainability of aluminum cans. Williams Trade Square is a city-owned property located east of the Wells Fargo Bank building. Event organizers expect a total attendance of approximately 1,300 paid attendees. PRIOR ACTION/REVIEW City Council has previously approved three requests for exceptions to the noise ordinance for events at Williams Trade Square. EXHIBITS Letter of Request Respectfully submitted: Emerson Vorel, Director Parks and Recreation Department Prepared by: Janie McLeod Community Events Coordinator ConsentAgendaP AGENDA INFORMATION SHEET AGENDA DATE: August 20,2013 DEPARTMENT: Parks and Recreation ACM: JohnCabrales, Jr. ________________________________________________________________________ SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of performing live music duringa new event, Friends with Benefits Concert. The concert will be located at 1209 W. Hickory Street, beginning at 11:30 a.m. and concluding at 10:00p.m. on Sunday, September 1, 2013.This request is for amplified sound and anincrease in decibels from 70to 75.Staff recommends approval of request. BACKGROUND A group of local volunteers are coordinating an outdoor concertwhere approximately eight bands will perform to benefit Granbury victims lefthomeless from the Hood County storms and tornadoes of May2013.Proceedsfrom thisevent will be donated to theHood County Habitat for Humanity. RECOMMENDATION Staffrecommends approvingthe noise exception request.Thisfirst-time eventwill be held in the parking lots behind Lucky Lou’sand Riprocks. Council has previously approvednoise exceptions and extended hours at this location. EXHIBITS Letter of Request Respectfully submitted: Emerson Vorel, Director Parks and Recreation Department Prepared by: Janie McLeod Community Events Coordinator EXHIBIT1 & In May 2013, storms and tornadoes hit our neighbors in Granbury, was drawn all over the county with other natural disasters, just and our prayers and good thoughts go out to those victims. as fellow Texans to help Granbury however we can, because Texans felt would raise the most money for Hood County Habitat for Huma destroyed. A day of live music in Denton, Texas on Fry Street ca is in the works and will occur on September 1st. We are working ver all our ducks in a row, sponsors, and rounding up volunteers. Wi businesses, business owners and people experienced in charitable While we are not our own charitable organization at this time, M Desired event date: Sunday, Septemeber 1st, Labor Day weekend Time frame for music: 11:30am - 10:00pm (Scheduling music to stop at 9, but just in case things so long, Sounds Decibles: Under 75db Location: 1209 W. Hickory, Denton Texas 1 st If you would like to be involved, please feel free to email us 2013 ConsentAgendaQ AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2013 DEPARTMENT: Finance ACM: Bryan Langley ______________________________________________________________________________ SUBJECT Consider approval of a resolution approving the issuance of Revenue Bonds by the Colorado Health Facilities Authority on behalf of the Evangelical Lutheran Good Samaritan Society in an aggregate principal amount not to exceed $115,000,000; recognizing that the City of Denton is not responsible for issuing the Revenue Bonds and has no financial obligation to pay any principal of or interest on the Revenue Bonds; making certain findings in connection therewith; and providing an effective date. BACKGROUND The Colorado Health Facilities Authority Evangelical Lutheran Good Samaritan Society (the Society) to issue revenue b Article 25, Title 25 of Colorado Revised Statutes A portion of the Bond proceeds in an amount not to exceed $800,000 will be used to finance the acquisition, construction, improvement and equipping of skilled nursing facility upgrades at the Good Samaritan Society Lake Forest Village, located at 3901 Montecito Drive, Denton, Texas 76210-5557 (the . The remainder of the proceeds of the Bonds will be used to: 1.Finance and refinance the cost of the acquisition, construction, improvement, and equipping of certain skilled nursing facility and other health care and senior living facility improvements of the Society in various locations outside of the state of Texas. 2.Refund certain outstanding Bonds of the Society which financed capital projects outside of the state of Texas. 3.Establish a reserve fund for the Bonds. 4.Pay certain costs of issuing the Bonds. Evangelical Lutheran Good Samaritan Society is a Texas nonprofit corporation exempt from taxation under Section 501(c) (3) of the Internal Revenue Code of 1986. to obtain a consent to the financing from a governmental unit within which such health facilities are located. The Project is being financed with bond proceeds and is located within the jurisdiction of the Agenda Information Sheet August 20, 2013 Page 2 and to enable the Issuer to proceed with the proposed financing of the Project with tax exempt bonds. In accordance with the Code, a Notice of Public Hearing was published in the Denton Record Chronicle on August 1, 2013. The Public Hearing was held within the City of Denton at 3901 Montecito Drive, Denton, Texas, 76210, 10:00 a.m. on August 15, 2013. PRIOR ACTION/REVIEW (Council, Boards, Commission) On May 18, 2004, the City Council approved Resolution 2004-024 approving the refunding of Health Facilities Refunding Revenue Bonds (The Evangelical Lutheran Good Samaritan Society Project) Series 1993 and 1994, which reflected a series of refundings of the original debt. This was used to finance the acquisition, construction, improvement and equipping of 188 retirement apartments and a 60 bed long-term care facility at the Lake Forest Good Samaritan Village and 77 retirement apartments and a 92 bed long-term care facility at the Denton Good Samaritan Village. FISCAL INFORMATION The Bonds will be payable solely from revenues of the Society and the City of Denton will have no obligation whatsoever for payment of the Bonds, nor shall any of its assets be pledged for payment for the Bonds. RECOMMENDATION Staff recommends approval of the resolution. EXHIBITS 1. Letter from Kutak Rock LLP, dated August 5, 2013 2. 2004 AIS & Resolution 3. Copy of Notice of Public Hearing 4. Bond Counsel 5. Resolution Respectfully Submitted: Chuck Springer, 349-8260 Director of Finance EXHIBIT 1 KUTAK ROCK LLP ATLANTA CHICAGO DES MOINES SUITE 3100 FAYETTEVILLE 1801 CALIFORNIA STREET IRVINE KANSAS CITY DENVER, COLORADO 80202-2626 LINCOLN LITTLE ROCK 303-297-2400 OKLAHOMA CITY FACSIMILE 303-292-7799 OMAHA PASADENA RICHMOND www.kutakrock.com SCOTTSDALE WASHINGTON WICHITA WILLIAM C. GORHAM william.gorham@kutakrock.com (303) 297-2400 August 5, 2013 Mr. Bryan Langley Assistant City Manager and Chief Financial Officer City of Denton 215 E. McKinney Street Denton, TX 76201 Re: Request for Host Jurisdiction Approval Under Section 147(f) of the Internal Revenue Code, as amended, Regarding Tax-Exempt Bonds for The Evangelical Lutheran Good Samaritan Society Dear Mr. Langley: On behalf of, and serving as bond counsel for, the Colorado Heath Facilities Authority uests -exempt health facility of Colorado Revised Statutes (the - Under this plan of finance, the Bonds will be issued in an aggregate principal amount not to exceed $115,000,000. A portion of the Bond proceeds in an amount not to exceed $800,000 will be used to finance the acquisition, construction, improvement and equipping of skilled nursing facility upgrades at the Good Samaritan SocietyLake Forest Village, located at 3901 Montecito Drive, Denton, Texas 76210-Denton the Society. The remainder of the proceeds of the Bonds will be used to (i) finance and refinance the cost of the acquisition, construction, improvement and equipping of certain skilled nursing facility and other health care and senior living facility improvements of the Society in various locations outside of the City of Denton, (ii) refund certain outstanding bonds of the Society which financed capital projects outside of the City of Denton, (iii) establish a reserve fund for the Bonds, and (iv) pay certain costs of issuing the Bonds. The Colorado Authority is authorized by the Act to finance facilities of a multistate health institution which are located both within and outside of the State of Colorado 4839-6331-1381.3 EXHIBIT 1 August 5, 2013 Page 2 health care facility located within Colorado. The Society has advised the Colorado Authority that it can realize substantial cost savings and efficiencies by combining these financing needs into a single bond issuance through the Colorado Authority. The Colorado Authority is legally authorized and empowered under the Act to undertake this financing, to which Bond Counsel will opine upon issuance of the Bonds. As Bond Counsel, and on behalf of the Colorado Authority, we respectfully request that the City of Denton assist in this financing by facilitating the City of D The Code requires that the Colorado Authority obtain the approval of the governing body or chief elected representative of each state or local government jurisdiction in which the financed facilities are to be located, following a public hearing. The public hearing can be held following the provision of adequate notice with the publication of a notice of the public hearing in a newspaper serving the area where the project is located.A draft of the notice of public hearing, that was published in the Denton Record-Chronicle on Thursday, August 1, 2013, is attached hereto as EXHIBIT A. Accordingly, we are requesting that, subsequent to the public hearing to be held on August 15, 2013 atGood Samaritan SocietyLake Forest Village, Chapel, 3901 Montecito Drive, Denton, Texas, you facilitate obtaining City of Denton city council adoption of a resolution approving the Denton Project in accordance with the requirements of the Code. A draft of the proposed resolution is attached hereto as EXHIBIT B. The approval does not impose any liability on the City of Denton or the State of Texas or in any way involve the City of Denton or the State of Texas in the issuance of the Bonds or the proposed Denton Project, but is an accommodation by the City of Denton to satisfy the requirements of the Code. I appreciate your assistance in this matter on behalf of the Colorado Authority and the Society. If you have any questions, please contact me or Margaret Humphreys at 303-297-2400. Thank you for your assistance. Sincerely, William C. Gorham, Esq. Kutak Rock LLP Enclosure 4839-6331-1381.3 EXHIBIT 1 EXHIBIT A NOTICE OF PUBLIC HEARING CONCERNING THE ISSUANCE OF BONDS ON BEHALF OF THE EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY NOTICE IS HEREBY GIVEN that the Good Samaritan SocietyLake Forest Village, Denton, Texas will conduct a public hearing concerning the approval of the issuance by the Colorado Health Facilities Authority ) of Health Facilities Revenue Under this plan of finance, the Bonds will be issued in an aggregate principal amount not to exceed $115,000,000. A portion of the Bond proceeds in an amount not to exceed $800,000 will be used to finance the acquisition, construction, improvement and equipping of skilled nursing facility upgrades at the Good Samaritan SocietyLake Forest Village, located at 3901 Montecito Drive, Denton, Texas 76210- owned and operated by Society. The remainder of the proceeds of the Bonds will be used to (i) finance and refinance the cost of the acquisition, construction, improvement and equipping of certain skilled nursing facility and other health care and senior living facility improvements of the Society in various locations outside of the State of Texas, (ii) refund certain outstanding bonds of the Society which financed capital projects outside of the State of Texas, (iii) establish a reserve fund for the Bonds, and (iv) pay certain costs of issuing the Bonds. The Bonds will constitute special limited obligations of the Colorado Authority payable solely from amounts received by the Colorado Authority pursuant to a loan agreement between the Colorado Authority and the Society, the principal user of the Project. The City of Denton, Texas and the State of Texas have no liability with respect to the Bonds or the sale or offering thereof. All interested parties are invited to present comments at the public hearing regarding the issuance of the Bonds and the use of the proceeds therefrom. The public hearing will be held at 10:00 a.m. on Thursday, August 15, 2013, in the Good Samaritan SocietyLake Forest Village, Chapel, 3901 Montecito Drive, Denton, Texas. Written comments to be presented at the hearing may be submitted to the Bridgette Scott, Administrator, Good Samaritan SocietyLake Forest Village, 3901 Montecito Drive, Denton, Texas 76210-5557. 4839-6331-1381.3 EXHIBIT 1 EXHIBIT B RESOLUTION NO. __________ RESOLUTION APPROVING THE ISSUANCE OF BONDS BY THE COLORADO HEALTH FACILITIES AUTHORITY ON BEHALF OF THE EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY; AND PROVIDING AN EFFECTIVE DATE existing municipal corporation under the laws and Constitution of the State of Texas; and Dakota nonprofit corporation, owns and operates two long-term healthcare facilities, including related senior housing facilities, within the boundaries of the City; and WHEREAS, the Society wishes to issue bonds in an amount not to exceed $800,000 that will be used to finance the acquisition, construction, improvement and equipping of skilled nursing facility upgrades at the Good Samaritan SocietyLake Forest Village, located at 3901 Montecito Drive, Denton, Texas 76210-; and WHEREAS, the Society has proposed that the moneys to fund the Project come from the proceeds of bonds to be issued by the Color - WHEREAS, such multi-state offering is economically efficient and cost-saving for the Society, thereby reducing operating costs for the Society and therefore tending to reduce the necessity for increases of charges at its Denton facilities, thereby benefiting the residents of the City; and WHEREAS, the Bonds will be payable solely from revenues of the Society, and the City will have no obligation whatsoever for payment of the Bonds; and WHEREAS, as a prerequisite for the issuance of the Bonds by the Colorado Authority, a public hearing was held within the City at the Good Samaritan SocietyLake Forest Village on August 15, 2013 after publication in the Denton Record-Chronicle of a Notice of Public Hearing NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: Section 1. The findings set forth in the preamble of this Resolution are incorporated by reference into the body of this Resolution as if fully set forth herein. Section 2. The City hereby approves the issuance of the aforesaid Bonds by the Colorado Authority in the maximum aggregate principal amount of $115,000,000 for The Evangelical Lutheran Good Samaritan Society, and further approves the Project as described in the Notice relating to the public hearing for the Bonds, and such approval shall be solely for the purposes of Section 147(f) of the Internal Revenue Code of 1986 and the City shall have no 4839-6331-1381.3 EXHIBIT 1 liabilities for the payment of the Bonds nor shall any of its assets be pledged to payment of the Bonds. Section 3. Further, it is recognized by the City that the instruments which authorize the issuance of bonds, notes or obligations by the Colorado Authority will specifically state that the City is not obligated to pay the principal of or interest on the bonds, notes or obligations proposed to be issued by the Colorado Authority. Nothing in this resolution shall be construed as an indication by the City that it will pay or provide for the payment of any obligations of the said Colorado Authority whether theretofore or hereafter incurred; and in this connection, attention is called to the Constitution of the State of Texas, wherein it is provided that a City may incur no indebtedness without having made provisions for its payment, and the City Council of the City hereby specifically refuses to set aside any present or future funds, assets or money for the payment of any indebtedness or obligation of the Colorado Authority. Section 4 . This Resolution shall become effective immediately, upon its passage. th PASSED AND APPROVED this 20 day of August, 2013. By Mayor Attest: By City Secretary APPROVED AS TO FORM: By City Attorney B-2 4839-6331-1381.3 EXHIBIT 3 EXHIBIT 4 LAW OFFICES c MCALL, PARKHURST & HORTON L.L.P. 600 CONGRESS AVENUE 717 NORTH HARWOOD 700 N. ST. MARY'S STREET SUITE 1800 NINTH FLOOR 1525 ONE RIVERWALK PLACE AUSTIN, TEXAS 78701-3248 DALLAS, TEXAS 75201-6587 SAN ANTONIO, TEXAS 78205-3503 TELEPHONE: 512 478-3805 TELEPHONE: 214 754-9200 TELEPHONE: 210 225-2800 FACSIMILE: 512 472-0871 FACSIMILE: 214 754-9250 FACSIMILE: 210 225-2984 August 8, 2013 Ms. Anita Burgess City Attorney City of Denton 215 E. McKinney St. Denton, Texas 76201 RE: City of Denton, Texas Liability for Approval of Tax-Exempt Bonds for The Evangelical Lutheran Good Samaritan Society Dear Ms. Burgess: The Colorado Health Facilities Authority (the "Colorado Authority") has requested that the City of Denton, Texas (the "City") provide "host approval" under Section 147(f) of the Internal Revenue Code of 1986, as amended in connection with the issuance of tax-exempt health facility revenue bonds (the "Bonds") pursuant to Article 25, Title 25 of Colorado Revised Statutes on behalf of The Evangelical Lutheran Good Samaritan Society, a North Dakota non-profit corporation, headquartered in Sioux Falls, South Dakota (the "Society"). We understand that, under this plan of finance, the Bonds will be issued in an aggregate principal amount not to exceed $115,000,000, and a portion of the Bond proceeds in an amount not to exceed $800,000 will be used to finance the acquisition, construction, improvement and equipping of skilled nursing facility upgrades at the Good Samaritan Society—Lake Forest Village, located at 3901 Montecito Drive, Denton, Texas 76210-5557, owned and operated by the Society. We also understand that the remainder of the proceeds of the Bonds will be used to (i) finance and refinance the cost of the acquisition, construction, improvement and equipping of certain skilled nursing facility and other health care and senior living facility improvements of the Society in various locations outside of the City, (ii) refund certain outstanding bonds of the Society which financed capital projects outside of the City, (iii) establish a reserve fund for the Bonds, and (iv) pay certain costs of issuing the Bonds. City staff has asked whether the City will incur any liability for the Bonds if the City approves the issuance of the Bonds as described above. The Bonds are not obligations of the City and the City is not liable for the payment of the principal of or interest on the Bonds. Ms. Anita Burgess Page 2 This letter is not intended for the benefit of any person or entity other than the City, and no party other than the City is entitled to rely upon it for any purposes whatsoever without our prior written consent. Sincerely yours, McCall, Parkhurst & Horton L.L.P. By: Gregory C. Schaecher ConsentAgendaR AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2013 DEPARTMENT: Parks and Recreation ACM: John Cabrales, Jr. SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of the 15th Annual Denton Blues Festival, sponsored by the Denton Black Chamber of Commerce. The event will be held in Quakertown Park on Saturday, September 21, 2013, from 1:00 p.m. to 10:30 p.m. and Sunday, September 22, 2013, from 1:00 p.m. to 8:30 p.m. The exception is specifically requested to increase hours of operation for amplified sound on Saturday from 10:00 p.m. until 10:30 p.m. and for amplified sound on Sunday, and an increase in sound levels from 70 to 75 decibels. BACKGROUND The Denton Black Chamber of Commerce is hosting the 15th Annual Blues Festival featuring Blues bands, singers, food booths, youth activities, and arts and crafts. The purpose of the event is to attract visitors from out of state and the surrounding area and strive to promote a sense of community. Five-thousand people are expected to attend to listen to conventional Blues music performed by national and local artists. RECOMMENDATION Staff recommends approval of the noise exception request. EXHIBITS Letter of request from the Denton Black Chamber of Commerce Respectfully Submitted: Emerson Vorel Director of Parks and Recreation Prepared By: Janie McLeod Community Events Coordinator EXHIBIT1 ConsentAgendaS AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2013 DEPARTMENT: Parks and Recreation ACM: , John CabralesJr. SUBJECT Consider approval of a resolution allowing the Black Chamber of Commerce to be the sole participant allowed to sell alcoholic beverages at the Blues Festival on September 21-22, 2013, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommend approving the request with a vote of 6-0. BACKGROUND The Black Chamber of Commerce requests to be allowed to sell alcoholic beverages at the 2013 two-day Blues Festival in Quakertown Park. Council has approved similar requests to sell alcohol at the Blues Festival in Quakertown Park since 2007. RECOMMENDATION Staff recommends approval of the proposed resolution and agreement, which is consistent with previous cosponsored events. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Parks, Recreation and Beautification Board recommended approval of the request at the August 5, 2013, meeting with a vote of 6-0. FISCAL INFORMATION None EXHIBITS 1.Letter of Request from the Denton Black Chamber of Commerce 2.Parks, Recreation and Beautification Board Minutes of August 5, 2013 3.Proposed Resolution and Agreement Respectfully submitted: Emerson Vorel Director of Parks and Recreation Prepared by: Janie McLeod Community Events Coordinator EXHIBIT1 EXHIBIT 2 PARKS, RECREATION AND BEAUTIFICATION BOARD MINUTES AUGUST 5, 2013 CIVIC CENTER COMMUNITY ROOM Members present: Russ Stukel, Vicki Byrd, Paul Leslie, Alex Lieban, David Rowley and Janet Shelton. Members absent: Maria Renner Staff present: Emerson Vorel, Julie Leal, Jim Mays, John Schubert and Janie McLeod. REGULAR MEETING 1.CALL TO ORDER: Chairman Stukel called the meeting to order at 6:02p.m. 2.APPROVAL OF MINUTES OFJuly 1, 2013 :Following review of the proposed minutes, Lieban made amotion to approve; Shelton seconded and themotion carried with a vote of 6-0. 3.AWARDS AND RECOGNITIONS: A. Mays announced to the Board that the Parks and Recreation Department’s Evers Park Bridge and Trail Project isapproved for funding by the Texas Transportation Commission in the amount of $1,341,617. Together with a $360,000 in-kind contribution from the City of Denton,the grantwill enable the construction of a 12- foot sidewalk that will start at Evers Parkandinclude the McKamy-Evers Bridge; it will runbehind the McKamysubdivision, around the McKamy detention pond,where another bridge will be placedto connect NorthpointePark,UNT Discovery Park,and North Lakes Park. The trail will linkschools, libraries, Evers and Northpointe Parks, the Cooper Creek Trail,and bus stops. B. McLeod shared detail regardingawards won by, “Passion, Art, Community: Denton, Texas, in Word and Image,” abook authored by Texas Poet Laureate Karla K. Morton and published by the City of Denton. Awards includethe 2013Next Generation IndieBook Award, where it’sa finalist in the Best Overall Design, Historical Non-Fiction, Poetry and Regional Non-Fictioncategories. The book was also awarded the 2013 North Texas Book Festival Award in the category of adult non-fiction and was selected as afinalist inthe 2013 Eric Hoffer Book Awards. The book is selling well with more than half the inventory sold. 4.ACTION ITEMS: A. Consider a request from the Denton Black Chamber of Commerce to sell alcoholic th beverages at the15annual Blues Festival–McLeod saidthat the annual Blues Festival ishosted by the Denton Black Chamber of Commerce: alcohol is served, security is provided, and they have operated without incident for 15 years. Approximately 5,000 are expected to attend. MOTION: Rowley made a motion to make arecommendation to Council to allow the Denton Black Chamber of Commerce to sell alcoholic beverages at the Annual Blues Festival held in Quakertown Park on September 21 and 22, 2013. Shelton seconded and the motion carried with a vote of 6-0. 5.DISCUSSION ITEMS: A. Receive a report and hold a discussion regarding commerce in the parks –Vorel pointed out that citizens rely on parks to provide free recreation opportunities for all. With the advent of the new Food Truck Ordinance and an increase in commerce in parks by way of vendors who use City-owned property to host fitnessclasses, boot camps, dog obedience training, and so on, the usage in parkshere and across the country,has changed.Food Truck Regulationsaddressthat specific domain but handcart vendors and thosewho marketfood items along with thoseindividuals who profit by hosting classes in the parkdo soabsentgovernance. Their presence on park property creates the impression they’recity-endorsed with insurance and liability policies in place; consequently, theCity faces considerable legal exposure if claims result.Vorel pointed out that there is a fitness class hosted in the park by an individual who contractswith the City and operatesfullyinsured and with knowledge and consent. Leslie claimedthere isanordinance prohibiting vendorsin parks and questioned why it’s a matter fordiscussion.Vorel concurredand offered that, with the support of City Prosecutors and Law Enforcement,vendors arereminded they cannot conduct business in city parks;Leslieinsistedpolicing the parks is crucial.Vorel suggested that the direction being proposedis to allow vendor presence but to control itby limitingthe numbers and locations. Lieban queried Vorel about the process vendors completeto earn the City’s consent to market. Vorel replied that Sports Associations offer proposals on an annual basis with proposedco-sponsorshipagreementsentered into whereby they’re granted exclusive use of the fields andthe City provides upkeep, restrooms, and a concession for their use.The groups are non-profits and the City benefits from not having to manage and operate a baseball, soccer or footballleague.Leiban questioned ifthe endorsed fitness provider in the parks entered into a similar contract and Vorel replied that thereisa contract, and insurance, and the City earnssomeproceeds. Lieban asked why the food trucks can’t enter into a similar agreement to use portions of the parks for profit.Vorel claimed there is pressure to do exactly that and suggested the food vendors be prohibited during seasonal sports, as various leagues hostconcession stands catering to their ownduringthat time.Presently, a $25 a day permit is required from for-profit vendors foreachpark marketed; the possibility of a six-month permit is being explored. Vorel asked thePark Board if they cared to assume responsibility of shaping the guidelinesand reviewing vendor requests, as they may be the appropriate venue to consider, limit, and award permits, as a city-wide representation is necessary to do so efficiently and fairly. Members expressed mixed viewsincluding a total ban of all vendors in parks as they aren’tbuilt to supportvendor profitsbut for citizen use; a limitation of where and how many activitiesor food vendors are allowed access to the parksand when;and, the option to rely on the existing ordinance to deny access to all vendors who don’t cosponsor withthe City.Ultimately, the Boarddecided they requiremore informationto drawconclusions and make recommendations, including a review of the existing ordinance, the new Food Truck Regulations,and added discussion at theSeptember meeting of the Park Board. 6.OTHER BUSINESS: A.Parks Department Projects Status Report: Mays updated the Board on various projects on the list including: Evers Park Bridge and Trail Project :The project was approved for funding by the Texas Transportation Commission. The construction of this project is scheduled to begin in June of 2015. North Lakes Adult Soccer Field Development Project :Council has approved purchase of the property and approved naming the facility “G. Roland Vela Athletic Complex.” The project isbeing designed by Dunaway Associates, L.P. Lake Forest Trail Grant: Installation of the 6,400 trail extension at Lake Forest Park is complete. 7.FUTURE AGENDA ITEMS : A continuation of the discussion regarding commerce in the parks. With no further items on the agenda, Lieban made a motion to adjourn; Leslie seconded, and the meeting adjourned at 7:21 p.m. EXHIBIT3 ARTICLE 9 DISCRIMINATION PROHIBITED In performing the services required hereunder, CHAMBERshall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 10 PERSONNEL CHAMBERrepresents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the CITY. ARTICLE 11 ASSIGNABILITY CHAMBERshall 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 CITY. ARTICLE 12 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. ARTICLE 13 MISCELLANEOUS A.The following exhibits are attached to and made a part of this Agreement: Exhibit “A” Resolution No. __________________. B.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 State of Texas. C.The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. Blues Festival –Page 4 ConsentAgendaT AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2013 DEPARTMENT: ACM: John Cabrales, Jr. SUBJECT Consider approval of a resolution of the City of Denton, Texas, supporting Proposition 6 on the November 2013 Texas Constitutional Amendment Election called by the State of Texas, relating to water infrastructure funding. BACKGROUND City Council received a briefing from staff and held a discussion at the August 6 Work Session meeting, regarding the November 2013 Texas Constitutional Amendment Election and support of Proposition 6, relating to water infrastructure funding. and City , a resolution in support of Proposition 6, as designated by the Secretary of State, is attached Respectfully submitted: ___________________________ Lindsey Baker Intergovernmental Relations/ Public Information Officer ConsentAgendaU AGENDA INFORMATION SHEET AGENDA DATE: August 20,2013 DEPARTMENT: City Manager’s Office ACM: John Cabrales, Jr. ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute and Oil and Gas Lease (the “Lease”) between the City of Denton, Texas, as Lessor and Eagleridge Energy, LLC, as Lessee, as attached to the ordinance and made a part thereof as Exhibit “A”, said lease providing for a twelve (12) month primary term and other terms and provisions as described therein, and leasing approximately 10.0513 acres of real property, located in the Eugene Puchalski Survey, Abstract No. 996, and located approximately along the 3100block of West Prairie Street, providing findings; and providing an effective date. (Old Armory Tract Lease) BACKGROUND Eagleridge Energy, LLC has proposed to include mineral interests jointly owned, for the most part, by the City of Denton and Denton County, within a unit slated for near-term sub-surface mineral development. In 1952, the City of Denton joined with Denton County to acquire a 10 acre tract of land to facilitate the establishment of a Texas National Guard Armory site (then situated on the west side of U.S. Highway 77, south side of West Prairie Street). At the same time,the City acquired land rights for West Prairie Street, north of and adjacent to the 10 acre tract. In 1955, that 10 acre tract was bisected by the onset of the Gulf, Colorado and Santa Fe Railway Company corridor. Presumably as a make-up measure for the land lost to the railroad, the City and the County jointly acquired an additional oneacre tract from an adjoining property ownerto the east,and then annexed that tractinto the National Guard’s leased premises(May 1960). In December 2006, as a component of the overall land rights acquisition initiative for the Denton West Electric Transmission Line easements and the R.D. Wells electric substation 6.889 acre fee tract, the City acquired a 0.8163 acre fee tract from Rayzor Investments, LTD.(east side of railroad, south of and adjacent to Armory Tract remainder) and conveyed tracts of 2.93 acres and 0.315 acre to Rayzor Investments, LTD. (being orphaned tracts, west side of the railroad). The terms of the subject mineral lease comport with that of the terms of those mineral leases of adjacent lands. Neighbors such as the University of North Texas and the State of Texas General Land Office (surrounding TxDOT lands) have entered into mineral lease agreements, along with the concurrent mineral lease petition presently being considered by Denton County. Agenda Information Sheet August 20, 2013 Page 2 OPTIONS 1.Approve the proposed Ordinance. 2.Decline toapprove the proposed Ordinance. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council July 16, 2013 -Executive Session briefing FISCAL INFORMATION Ostensibly, the basic terms of the prospective lease involve:(1) a 22.5% royalty on value of gross oil productionand 22.5% royalty on gross gas production; (2) an upfront$2,500 Bonus Payment per net mineral acre(6.016 net mineral acres equates to a Bonus Payment of $15,040.75); (3)provisions for Shut-in payments; (4) a prohibition on entry of the surface of the Leased Premises for mineral exploration and development; (5) a twelve month primary term; and (6) no warranty of title. BID INFORMATION Not applicable EXHIBITS Location Map Ordinance Respectfully submitted: Paul Williamson Real Estate Manager bhwI b{ IndividualItemA AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2013 DEPARTMENT: Economic Development ACM: John Cabrales,Jr. SUBJECT Consider nominations/appointments to the City's Economic Development Partnership Board. BACKGROUND The City Council appointed a nominating committee at the July 16, 2013,meeting charged with recommendingnominees for Economic Development Partnership Board membership.Nominating committee members are Mayor Pro Tem Pete Kamp, City Council Member James King, and Chamber of Commerce Board member Hank Dickenson. Economic Development Partnership Board (EDPB) members serve two-year terms and may serve as many as three terms. The ordinance creating the Board provides that EDPB members must fall into specific categories when they are originally appointed to the Board(categories shown in table below).City Council members and Chamber of Commerce Board members may be reappointed to two additional consecutive terms even if they no longer serve on the City Council or Chamber Board. The current EDP Board is comprised of the following members: EDP Board MemberCategoryTerm Expires Virgil Strange, ChairChamber of Commerce2013 (Eligible) Greg JohnsonChamber of Commerce2014 Mark BurroughsCity Council2014 Dalton GregoryCity Council2013 (Eligible) Denny AldridgeTop 20 Taxpayer2013 (Not Eligible) Caleb O’RearTop 20 Taxpayer2014 Lane RawlinsUniversity of North Texas2014 Cleve BreedloveAviation2013 (Eligible) Carrell Ann SimmonsAt Large2014 Denny Aldridge has now served three two-year terms and is not eligible for reappointment this year. Virgil Strange, Dalton Gregory, and Cleve Breedlove’s terms will expire but are all eligible for reappointment. Agenda Information Sheet August 20, 2013 Page 2 The nominating committee met and is prepared to present their slate of nominees to the City Council.The committee nominates: Virgil Strange, Chamber of Commerce Dalton Gregory, City Council Cleve Breedlove, Aviation Jim Fykes, Top 20 Taxpayer (Peterbilt) Respectfully submitted: __________________________ Aimee Bissett, Director Economic Development Department -2- IndividualItemB AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2013 DEPARTMENT: City Manager’s Office ACM: Bryan Langley SUBJECT Consider nominations/appointments to the City’s Boards and Commissions. BACKGROUND Attached are the vacancies for Boards and Commissions that require nominations. Nominations could be made and voted on at this meeting should the Council desire. Approval would be contingent on completion of the confirmation process. As a reminder, the Board and Commission Reception and Training Workshop is scheduled for September 12, 2013. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary 08/20/2013 BOARD AND COMMISSION NOMINATIONS BoardCouncil MemberNomination Airport Advisory Board Kamp Community Development Advisory Cmte. Gregory King Health & Building Standards Commission Roden King Historic Landmark Commission Engelbrecht All Human Services Advisory Cmte.King All Library Board King Parks, Recreation & Beautification Board King Public Art Committee Kamp King Public Utilities BoardKing Traffic Safety Commission Hawkins Zoning Board of Adjustment Engelbrecht King Alternate 1 Alternate 2 Alternate 3 R Ï Reappointment N Ï New Nomination PublicHearingA AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2013 DEPARTMENT: Finance ACM: Bryan Langley ______________________________________________________________________________ SUBJECT Hold a public hearing and receive citizen input on the FY 2013-14 Proposed Budget. BACKGROUND The City Charter and State Law require that prior to budget adoption, a public hearing be conducted to allow citizens the opportunity to provide input on the Proposed Budget. The required notice of the public hearing was published August 10, 2013, in the Denton Record Chronicle. Thttp://www.cityofdenton.com and on the public access channel. A copy of the published notice is provided for reference. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The FY 2013-14 Proposed Budget was submitted to the City Council on July 26, 2013. A City Council Budget Workshop was held on August 1, 2013, and the City Council also discussed the Proposed Budget at their August 5, August 6 and August 13 meetings. Copies of the Proposed Budget are available to the public at any City of Denton library branch, and an electronic copy of the document is available on-line site, http://www.cityofdenton.com. FISCAL INFORMATION The 2013-14 Proposed Budget totals $825,962,164 in estimated resources and $825,447,312 in estimated expenditures. EXHIBITS 1.Notice of Public Hearing on Budget Respectfully submitted: Chuck Springer, 349-8260 Director of Finance Publish in August 10, 2013 Denton Record Chronicle NOTICE OF PUBLIC HEARING ON BUDGET The City Council for the City of Denton, Texas, will hold a public hearing on the Fiscal Year 2013-14 Annual Program of Services (Budget), on Tuesday, August 20, 2013 at 6:30 p.m. in the City Council Chambers at City Hall, located at 215 East McKinney Street in Denton, Texas, 76201. The meeting will be held for the purpose of receiving community input on the Budget. THIS BUDGET WILL RAISE MORE REVENUE FROM PROPERTY TA BUDGET BY AN AMOUNT OF $1,810,682, WHICH IS A 3.91 PERCENT INCREASE FROM LAST REVENUE TO BE RAISED FROM NEW PROPERTY ADDED TO THE TAX ROLL THIS YEAR IS $1,202,783. All interested citizens are encouraged to attend and express their views. PublicHearingB AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2013 DEPARTMENT: Finance ACM: Bryan Langley ______________________________________________________________________________ SUBJECT Hold a public hearing on a proposal to adopt a tax rate of $0.68975 per $100 valuation, which will exceed the lower of the rollback rate or the effective rate. BACKGROUND The Texas Constitution and Texas Property Tax Code require taxing units to comply with specific guidelines in adopting tax rates. The guidelines are related to a concept known as truth- in-taxation. This concept is a way to make taxpayers aware of tax rate proposals and allow tax payers in certain circumstances, to roll back or limit a tax increase. The truth-in-taxation guidelines require taxing entities to calculate and publish their effective and rollback tax rates. The effective rate is the calculated rate that would provide the taxing unit approximately the same amount of revenue it received in the previous year on properties taxed in both years. This rate excludes taxes on properties no longer in the taxing unit and also excludes 3 effective rate is $0.68872/$100 valuation. The rollback rate divides the total property tax revenue into support for maintenance and operations (M&O) taxes and debt service taxes. It provides approximately the same amount of revenue as in the previous year for maintenance and operations expenses, plus an extra eight percent, plus the necessary debt service tax rate. If a taxing unit adopts a tax rate higher than the rollback rate, the voters have the option to petition for an election to limit the size of the tax 3 rollback rate is $0.73528/$100 valuation. In compliance with state law, staff published the effective and rollback rate calculation in the Tuesday, August 6, 2013, issue of the Denton Record Chronicle. 3-14 Proposed Budget recommends a tax rate of $0.68975 per $100 of valuation, and this rate is $0.00103 above the effective rate. It is important to note that the recommended for FY 2013-14. exceeds the effective tax rate, two public hearings are required to take place prior to the budget For the two public hearings that are required, staff published a quarter-page notice in the August thst 10 edition of the Denton Record Chronicle and will publish a second time on August 21 Agenda Information Sheet August 20, 2013 Page 2 (Exhibit 1)ber th 10 Denton Record Chronicle (Exhibit 2). In addition to the media publications, all notices will http://www.cityofdenton.com and the public access channel. ESTIMATED SCHEDULE September 10, 2013 Hold Second Required Public Hearing on Tax Rate September 17, 2013 Adopt Tax Rate and Approve FY 2013-14 Budget PRIOR ACTION/REVIEW On July 26, 20133-14 Proposed Budget was provided to the City Council. On August 1, 2013, the City Council was provided with detailed information regarding the proposed FY 2013-14 Proposed Budget, including the proposed tax rate. On August 5, 2013, the City Council discussed the proposed budget. On August 6, 2013, the City Council discussed the proposed budget and voted to place a proposal on the September 17, 2013, City Council agenda to approve a tax rate above the effective rate. On August 13, 2013, the City Council discussed the proposed budget. FISCAL INFORMATION In the FY 2013-14 Proposed Budget, a tax rate of $0.68975 per $100 valuation is recommended. EXHIBITS 1.Notice of Public Hearing on Tax Increase 2.Notice of Tax Revenue Increase Respectfully submitted: Chuck Springer, 349-8260 Director of Finance Publish i10, 2013 and August 21, 2013 5;· w;-©7 /w©z-; b·z-; E tÒ,z- I; ©zm ã L-©; ; The City of Denton, Texas, will hold two public hearings on a pr properties on the tax roll in the preceding tax year by 0.1 perc lower of rollback rate or effective tax rate calculated under Ta increase at a greater or lesser rate, or even decrease, dependin property in relation to the change in taxable value of all other The first public hearing will be held on August 20, 2013 at 6:30 E. McKinney Street, Denton, Texas 76201. The second public hearing will be on September 10, 2013 at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas 76201. The members of the governing body voted on the proposal to consi FOR: Mark A. Burroughs, Mayor; Pete Kamp, Mayor Pro Tem and Cou Council Member District 1; Dalton Gregory, Council Member Distri Joey Hawkins, Council Member District 4; and James King, Council AGAINST: None. PRESENT and not voting: None. ABSENT: None. The average taxable value of a residence homestead in Denton, Te154,354 (average taxable value of a residence homestead in the taxing unit for the preced $0.68975 (preceding st year on the average home was $1,064.66 (tax on average taxable value of a residence homestead in the t preceding tax year, disregarding residence homestead exemptions years of age or older). The average taxable value of a residence homestead in Denton, Te157,039 (average taxable value of a residence homestead in the taxing unit for the current tax available only to disabled persons or persons 65 years of age or tax rate this year of $0.68872 per $100 of taxable value, the amount of taxes imposed this ye home would be $1,081.56 (tax on average taxable value of a residence homestead in th tax year, disregarding residence homestead exemptions available age or older). If the governing body adopts the proposed tax rate of $0.68975 per $100 of taxable value, the amount of taxes imposed this year on the average home would be $1,083.18 (tax on average taxable value of a residence homestead in the taxing unit for the current tax year, disregard to disabled persons or persons 65 years of age or older). Members of the public are encouraged to attend the hearings and EXHIBIT 2 Publish in September 10, 2013 5;· w;-©7 /w©z-; b·z-; E ã w;Ý;Ò; L-©; ; The City of Denton, Texas, conducted public hearings on August 20, 2013 and September 10, 2013 on a proposal to increase the total tax revenues of the City of Denton, Texas from properties on the tax roll in the preceding year by 0.1 percent. The total tax revenue proposed to be raised last year at 8975 for each $100 of taxable value was $46,328,517. The total tax revenue proposed to be raised this year at the proposed tax rate of $0.68975 for each $100 of taxable value, excluding tax revenue to be raised from new property added to the tax roll this year, is $46,936,417. The total tax revenue proposed to be raised this year at the proposed tax rate of $0.68975 for each $100 of taxable value, including tax revenue to be raised from new property added to the tax roll this year, is $48,139,199. The City Council of the City of Denton, Texas, is scheduled to vote on the tax rate that will result in that tax increase at public meeting to be held on September 17, 2013 at the City Council Chambers in City Hall, 215 E. McKinney Street, Denton, Texas, 76201 at 6:30 p.m. PublicHearingC AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2013 DEPARTMENT: Planning and Development ACM: John Cabrales, Jr. SUBJECT - Z13-0004 (Lake Dallas Gas Storage) Hold a public hearing and consider adoption an ordinance of the City of Denton, Texas, regarding an initial zoning request of Industrial Center General (IC-G) for approximately 6.88 acres of land, generally located approximately 1,250 feet south of the McKinney Street and Grissom Road intersection, legally described as Lot 1, Block 1 of the Lake Dallas Storage Addition; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval (6-0). BACKGROUND The applicant, Atmos Energy, is requesting an initial zoning of IC-G for the subject property on behalf of the City of Denton. The property is owned by the City and is leased by Atmos Energy where they operate a natural gas storage facility. The natural gas storage facility is operated under an operating lease agreement assumed by the City in 1997. The purpose of the initial zoning is to allow Atmos Energy the ability to request for a Specific Use Permit (SUP) to install a telecommunication tower that will be over 50 feet. The addition of the telecommunication tower to the site will enhance utilization, operation, and security of the natural gas storage facility. Pursuant to Section 35.12.8.7 of the Denton Development Code, a new telecommunication lattice tower over 50 feet proposed in the IC-G zoning district is permitted only with an approve SUP. Currently, the applied Rural Residential (RD-5) zoning does not allow the installation of a telecommunication tower of any height. The subject property was annexed into the City in 2010. When it was annexed a zoning of RD-5 was applied as a placed holder until the property is properly zoned. Pursuant to Section 35.16.8.G of the Denton Development Code, for newly annexed land that has not been zoned, no application will be deemed complete for any uses, intensities of use, dimensions or lot sizes not authorized by the RD-5 zoning district. Early in the discussion with staff regarding the installation of a telecommunication tower, it was determined that the applied zoning of RD-5 did not allow the installation of a telecommunication tower on the property. The 6.88 acre property needed to be zoned. Staff recommended that the lot be zoned to IC-G after analyzing the surrounding area in concert with the proposed use. The City of Denton Wastewater Treatment Plant and Landfill zoned IC-G is located to the south and west of the subject property, adjacent to the City owned property zoned RD-5X (Exhibit 4, Existing Zoning Map). Agenda Information Sheet August 20, 2013 Page 2 After additional discussion, staff recommended that the area not zoned but owned by the City also be included as part of this initial zoning request. Staff reasoned that this would be an opportunity to zone the entire area that the City owns with one application. On June 12, 2013, staff presented the initial zoning request of Industrial Center General (IC-G) for approximately 251.39 acres to the Planning and Zoning Commission. At the public hearing, there was opposition to the initial zoning by property owners within 500 feet of the proposed area. Before concluding the public hearing, the Commission continued this item to the July 24, 2013, meeting to give staff and the applicant time to hold a public meeting. The Commission directed staff and the applicant to clarify the proposed initial zoning request and to discuss the questions/comments received during the public hearing. Refer to Exhibit 7 and 8 regarding questions/comments received. On June 19, 2013, staff and the applicant met internally. Based on the comments received, staff and the applicant decided to withdraw a related Comprehensive Plan amendment and to limit the area of the initial zoning request back to the original request of 6.88 acres. A Comprehensive Plan amendment was required because an area included within the recommended 251.39 acres was designated Employment Centers. However, since the location of the 6.88 acre property is not within an area designated as Employment Centers, a Comprehensive Plan amendment is not required and was therefore withdrawn. On July 15, 2013, staff and the applicant held a public meeting. At the public meeting, staff informed the attendees that based on the comments received, the Comprehensive Plan amendment will be withdrawn and the proposed initial zoning request will be limited to the original request of 6.88 acres that Atmos Energy currently leases. In addition, the applicant provided the attendees with a history of the gas storage facility and explained the purpose of the initial zoning request. The applicant also provided an illustration of what the proposed telecommunication tower would look like. Refer to Exhibit 9 regarding what was discussed during the public meeting. On July 24, 2013, the Planning and Zoning Commission continued the public hearing. Staff informed the Commission of the modified requests. Following there was discussion regarding the proposed telecommunication tower, its purpose and its location. The Commission clarified that more information on the telecommunication tower will be presented during the SUP public hearing which will follow at a later date. After closing the public hearing, the Planning and Zoning Commission recommended approval of the initial zoning request 6-0. PRIOR ACTION/REVIEW May 4, 2010 - the subject property was included as part of the 2010 annexation proceedings that annexed approximately 3,377 acres into the City. November 16, 2011 - the Planning and Zoning Commission approved the Lake Dallas Storage Final Plat. Agenda Information Sheet August 20, 2013 Page 3 PRIOR ACTION/REVIEW June 12, 2013 - Planning and Zoning Commission Public Hearing July 24, 2013 - Planning and Zoning Commission Public Hearing OPTIONS 1.Approve as submitted 2.Approve subject to conditions 3.Deny 4.Postpone consideration 5.Table item RECOMMENDATION approval The Planning and Zoning Commission recommends (6-0).The Development Review approval Committee recommends of the initial zoning request. EXHIBITS 1.Staff Analysis 2.Location Map 3.Future Land Use Map 4.Existing Zoning Map 5.Proposed Zoning Map 6.Letter from Applicant 7.Responses to Public Hearing Notice 8.June 12, 2013 Planning and Zoning Commission Minutes 9.Public Meeting Notes and Sign-in Sheet 10.Draft Ordinance Prepared by: Ron Menguita, AICP Planning Supervisor Respectfully submitted: Brian Lockley, AICP, CPM Director of Planning and Development EXHIBIT 1 STAFF ANALYSIS DRC Date: April 11, 2013 CASE #: Z13-0004 P&Z Date: June 12, 2013 DDC SECTION:35.3.4 Project Number: Z13-0004 Request: Consider making a recommendation to City Council regarding an initial zoning request of Industrial Center General (IC-G) for approximately 6.88 acres of land. Applicant/Property Atmos Energy Owner: 5420 LBJ Freeway Dallas, TX 75240 City of Denton 215 East McKinney Denton, TX 76201 Location: The subject property is generally located approximately 1,250 feet south of the McKinney Street and Grissom Road intersection. Size: Approximately 6.88 acres Existing Zoning Designation: Rural Residential (RD-5) Future Land Use: Industrial Centers Case Planner: Ron Menguita, AICP DRC Recommendation: approval The Development Review Committee recommends of this initial zoning request. Summary of Analysis: Industrial Centers The subject property is located within an future land use designation. According to the Denton Plan, industrial centers are intended to provide locations for a variety of work processes and work places such as manufacturing, warehousing and distributing, indoor and outdoor storage, and a wide range of commercial and industrial operations. The industrial centers may also accommodate complementary and supporting uses such as convenience shopping and child-care centers. There will most likely be instances where residential uses will be incompatible with industrial and manufacturing processes used in industrial centers. Description of Industrial Uses: Industrial uses could be described as those engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous conditions. Industrial uses would also include those uses engaged in the cleaning of equipment or work processes involving solvents, solid waste or sanitary waste transfer stations, recycling establishments, and transport terminals (truck terminals, public works yards, container storage). Industrial uses would be allowed in industrial centers as designated on the land use plan. Findings of Fact 1.The subject property is located within a future land use designation of “Industrial Centers” by the Denton Plan. 2.On May 4, 2010 the subject property was annexed into the city. The subject property was part of the 2010 annexation proceedings that annexed approximately 3,377 acres into the city. As a result the Rural Residential (RD-5) zoning district standards and regulations applies to the subject property. 3.The subject property is owned by the City. 4.The subject property is generally located approximately 1,250 feet south of the McKinney Street and Grissom Road intersection. 5.The subject property is platted as Lot 1, Block 1 of the Lake Dallas Storage Addition 6.The subject property is currently developed with a natural gas storage facility and associated uses. 7.The Denton Plan designates a portion of the subject property as an Industrial Centers future land use. Industrial centers are intended to provide locations for a variety of work processes and work places such as manufacturing, warehousing and distributing, indoor and outdoor storage, and a wide range of commercial and industrial operations. 8.The subject property does not contain environmentally sensitive areas (ESAs) or FEMA floodway and floodplain. 9.The estimated water or wastewater demands associated with future demands can be provided by the City. 10.The subject property is accessible primarily from McKinney Street. McKinney Street is classified on the City’s Mobility Plan as a Primary Major Arterial requiring a right-of- way of 135-feet. McKinney Street is currently two-lane road and is maintained by TXDOT. 11.The property is served by DME. The estimated electric demands associated with future demands can be provided by DME. Development Review Committee Based on the criteria for granting zoning requests, information provided by the applicant, and IS CONSISTENT recent site visits, the Development Review Committee finds that the request IS CONSISTENT with the surrounding land uses and general character of the area, with the IS CONSISTENT Denton Plan, and with the Denton Development Code. Based on the above, APPROVAL the DRC recommends of Z13-0004. General Notes 1.Approval of this request shall not constitute a waiver or variance from any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. 2.All written comments made in the application and subsequent submissions of information made during the application review process, which are on file with the City of Denton, shall be considered to be binding upon the applicant, provided such comments are not at variance with the Denton Plan, Denton Development Code or other development regulations in effect at the time of development. Surrounding Zoning Designations and Current Land Use Activity: Northwest: North: Northeast: Extra-territorial Jurisdiction (ETJ) Extra-territorial Jurisdiction (ETJ) Neighborhood Residential Mixed and Rural Residential (RD-5) and Rural Residential (RD-5) Use 12 (NRMU-12) Ranch Estate Homes and Ranch Estate Homes and Undeveloped Land Undeveloped Land Undeveloped Land West:Subject Property: East: Rural Residential (RD-5) and Rural Residential (RD-5) Neighborhood Residential 4 (NR-4) Industrial Center General (IC-G) Natural Gas Storage Facility and Undeveloped Land City Wastewater Treatment Plant Associated Uses and Undeveloped Land Southwest: South: Southeast: Rural Residential (RD-5) and Rural Residential (RD-5) and Neighborhood Residential 4 (NR-4) Industrial Center General (IC-G) Industrial Center General (IC-G) Undeveloped Land City Wastewater Treatment Plant City Landfill and Undeveloped Land and Undeveloped Land Source: City of Denton Geographical Information System and site visit by City staff. Compatibility with Surrounding Land Uses Atmos Energy currently occupies the subject property where they operate a natural gas storage facility. Existing land uses to the north are ranch estate homes and undeveloped land. Existing land uses to the west are the city Wastewater Treatment Plant and undeveloped land. Existing land use to the south is the City Landfill. The property to the east is currently undeveloped. Comprehensive Plan A.Consistency with Goals, Objectives and Strategies: The subject property is within an Industrial Centers future land use designation, see Exhibit 3. Staff finds that the proposed initial zoning request is consistent with the goals, objectives and strategies of the Denton Plan. B.Land Use Analysis: The following table identifies the land uses permitted for the RD-5 and IC-G zoning districts: Residential Land Use RD-5 IC-G Categories Agricultural P P Livestock L(7) L(7) Single Family Dwellings P N Accessory Dwelling Units P N Live/Work Units P N Community Homes for the P N Disabled Group Homes SUP N Manufactured Housing P N Developments P= Permitted, N= Not Permitted, S= Specific Use Permit Commercial Land Use RD-5 IC-G Categories Home Occupation P N Sale of Products Grown on Site P N Bed and Breakfast L(10) N Retail Sales and Services N L(18) Restaurant or Private Club N L(22) Drive-through Facility N L(14) Professional Services and Offices N P Quick Vehicle Servicing N P Vehicle Repair N P Auto and RV Sales N P Laundry Facilities N P Equestrian Facilities P N Outdoor Recreation P N Commercial Parking Lot N P Administrative or Research SUP P Facilities Broadcasting of Production SUP P Studio SUP/ Sexually Oriented Business N L(32) Temporary Uses L(38) L(38) P= Permitted, N= Not Permitted, S= Specific Use Permit Industrial Land Use Categories RD-5 IC-G Printing / Publishing N L(25) Bakeries N P Manufacture of Non-odoriferous N P Foods Feed Lots SUP N Food Processing N P Light Manufacturing N P Heavy Manufacturing N SUP Wholesale Sales N P Wholesale Nurseries P P Distribution Center/Warehouse N P General Warehouse, Retail N P Self-service Storage N P Construction Materials Sales N P Junk Yards and Auto Wrecking N SUP Wrecker Services and Impound N L(29) Lots Kennels L(14) N Veterinary Clinics P N Sanitary Landfills, Commercial N SUP Incinerators, Transfer Stations Gas Wells L(27) L(27) P= Permitted, N= Not Permitted, S= Specific Use Permit Institutional Land Use RD-5 IC-G Categories Basic Utilities P P Community Service N P Parks and Open Space P P Churches P P Semi-public, Halls, Clubs, and N P Lodges Business / Trade School N P Adult and Child Day Care P N Kindergarten, Elementary School P N WECS (Free-standing Monopole L(41) SUP Support Structure) WECS (Building-mounted) L(42) SUP P= Permitted, N= Not Permitted, S= Specific Use Permit L(7)= Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be added at a rate of one per each acre over three. L(10) = All restrictions of L(8), but limited to no more than 5 guest units. L(14) = Uses are limited to no more than 10,000 square feet of gross floor area. L(18) = Uses are permitted only in association with Gas Stations and are limited to no more than 5,000 square feet of gross floor area except adjacent to I-35 then uses are limited to 10,000 square feet of gross floor area. L(22) = Uses are permitted only in association with Gas Stations and are limited to no more than 25 seats except adjacent to I-35 then the number of seats is limited to 50. L(25) = If proposed use is within 200 feet of a residential zone, approval is subject to a Specific Use Permit. L(27) = Must comply with the provisions of Subchapter 22, Gas Well Drilling and Production. L(29) = Wrecker Services and Impound Lots must comply with the following provisions: 1. The subject lot shall comply with the provisions of the Texas Administrative Code, regarding Vehicle Storage Facilities. 2. Lot Screening: All stored vehicles shall be opaquely screened from all rights-of-way and residential uses and zoning districts. 3. Parking and vehicle storage areas associated with wrecker services and impound lots activities are not allowed within undeveloped floodplain, water-related habitat, and riparian buffer environmentally sensitive areas (ESA). 4. Best management practices addressing storm water quality must be implemented and maintained on site. Management practices must attain the pollutant removal capabilities recommended for parking areas in the Integrated Storm Water Management (iSWM) manual, as published by the North Central Texas Council of Governments, or similar practices consistent with low impact development (LID) approaches. L (32) = Not allowed to locate adjacent to an arterial and within 1,000 feet as measured from the nearest property line of a sexually oriented business to the nearest property line of any other sexually oriented business, adult or child daycare, any elderly housing facility, hospital, any residential use, public open space. L (38) = Must meet the requirements of Section 35.12.9. L (41) = Lots where the proposed WECS will be located shall have a minimum lot area of two (2) acres. A maximum of one (1) WECS is permitted by right. Multiple WECS are permitted only with approval of a SUP. L (42) = Building-mounted WECS may not extend higher than ten (10) feet above where the WECS is mounted on the building. The height shall be measured from the base of the WECS where it is mounted on the building to the highest point of the arc of the blades’ elevation. If the WECS does not use blades, then height is measured from the base of the WECS where is mounted on the building to the highest point of the WECS. The following table identifies the general regulations for the RD-5 and IC-G zoning districts: General Regulations RD-5 IC-G Minimum lot area 5 acres 5,000 Minimum lot width 200 feet 50 feet Minimum lot depth 250 feet 50 feet Minimum front yard 50 feet 10 feet Minimum side yard 10 feet 6 feet Minimum side yard adjacent to street 50 feet 10 feet 10 feet, plus 1 foot for each Minimum rear yard foot of N/A building height over 20 feet 30 feet, plus 1 foot for each Minimum yard abutting a single family N/Afoot of use or district building height above 30 feet General Regulations RD-5 IC-G Maximum density, dwelling units per acre 0.2 N/A Minimum building separation 30 feet N/A General Regulations RD-5 IC-G Maximum lot coverage except for 15% N/A agricultural buildings Maximum lot coverage N/A 90% Minimum landscaped area 75% 10% Maximum building height 65 feet 140 feet Maximum WECS height 75 feet 150 feet Maximum FAR N/A 0.40 Maximum FAR except for single-family None N/A uses Minimum yard when a use other than None N/A single family abuts a residential zone Fire and EMS This initial zoning request application has been reviewed for compliance with the International Fire Code and City amendments to the Fire Code. The applicant is responsible for compliance with all applicable portions of the Fire Code and City Ordinances. Water and Wastewater Demand and Capacity A. Estimated Demand and Service Provider The estimated water or wastewater demands associated with future demands can be provided by the City. B. Available Capacity In the event that there are future demands, there is adequate capacity in the City’s water distribution and wastewater collection systems. C. CIP Planned Improvements There are no planned public improvements for the water and wastewater facilities serving the subject property. Roadways/Transportation Network A. Estimated Demand Expanded and new uses will increase the demand on the roadway/transportation network. B. Available Capacity A Traffic Impact Analysis (TIA) will be required to address future demands. The TIA will determine if Signal Cost Participation is required for existing and futures intersections. The TIA will also analyze the condition of the existing McKinney Street pavement to determine if offsite improvements are required. C. Roadway Conditions The subject property is accessible primarily from McKinney Street. McKinney Street is classified on the City’s Mobility Plan as a Primary Major Arterial requiring a right-of-way of 135-feet. McKinney Street is currently two-lane road and is maintained by TXDOT. D. CIP Planned Improvements There is currently no CIP project planned in this section of McKinney Street. Environmental Conditions The subject property does not contain environmentally sensitive areas (ESAs) or FEMA floodway and floodplain. Wells (Public/Private) No public or private portable water wells are currently proposed with this subject initial zoning request. Airports The property is not within the boundaries of the Denton Municipal Airport Overlay District. Electric The property is served by DME. The estimated electric demands associated with future demands can be provided by DME. Park Facilities It is anticipated that future land uses associated with the proposed initial zoning request will not result in any increase in park demands. Comments from other Governmental Agencies None. EXHIBIT 2 LOCATION MAP EXHIBIT 3 FUTURE LAND USE MAP EXHIBIT 4 EXISTING ZONING MAP EXHIBIT 5 PROPOSED ZONING MAP EXHIBIT 6 Letter from the Applicant February 18, 2013 Mr. Ron Menguita Development Review Liaison City of Denton City Hall West 221 N. Elm Street Denton, Texas 76201 Re: Atmos Energy Lake Dallas Storage Proposed Comprehensive Plan Change Dear Mr. Menguita: Atmos Pipeline Texas, a division of Atmos Energy Corporation, wo Plan Amendment and Zoning change in approximately 253.33 acres o of Denton, of which 6.88 acres is currently leased to Atmos Ener land impacted by the changes is generally located south of FM 42/ E. Mckinney, east of Mayhill Road and north of the existing waste water treatment plant and landfill p The current place-hold zoning is RD-5X and the adjacent property Center General. Atmos would like to propose to have the Comprehensive designation changed from RD-5X to Industrial Center General (IC-G). As well, 6.88 acres of the property included in the proposed comprehensive plan amendment and zoning Energy and is currently being utilized as a natural gas storage foreseeable future under the terms of the current lease agreemen Considering the zoning designation of the adjacent property and the current use of a portion the premi plan amendment and zoning change to Industrial Center - General Thank you for your consideration of the requested changes. Sincerely, John Manganilla Right of Way Agent EXHIBIT 7 EXHIBIT8 June12,2013PlanningandZoningCommissionMinutes 2.CONSIDER APPROVAL OF THE PLANNING AND ZONING COMMISSION MINUTES FOR: 1 A. May 22, 2013 2 3Commissioner Frank Conner motioned, Commissioner Devin Taylor seconded to approve the 4minutes. Motion approved (6-0). 5 3.CONSENT AGENDA: Staff recommends approval of the following items because they meet the requirements of the Denton Development Code. Approval of the Consent Agenda includes staff recommendations for approvals and authorizes staff to proceed. The Planning and Zoning Commission has reviewed the applications and has had an opportunity to raise questions regarding the items prior to consideration: 6 A. Final Plat of Lot 5, Block A, Locust LP Addition. The 6.199 acre site is located on the south side of Loop 288, west of the intersection of F.M. 2164/Locust Street and Loop 288, within the Thomas Toby Survey, A-1288. The property is located within a Planned Development (PD-120) zoning district. (FP12-0025, Locust LP Addition, Cindy Jackson) 7 B. Final Plat of Lots 2R-1 and 2R-2, Corbin Road Business Park, being a replat of Lot 2, Block B of Corbin Road Business Park and 4.423 acres of unplatted land. The 19.044 acre site is located on the west side of Dakota Lane, at the intersection with Shelby Lane, within the T.W. Daugherty Survey, A-357. The property is located within Industrial Center General (IC-G) and the Rural Residential (RD-5X) zoning district. (FR13-0001, Corbin Road Business Park, Cindy Jackson) 8 9Commissioner Devin Taylor motioned, Commissioner Thom Reece seconded to approve the 10Consent Agenda. Motion approved (6-0). 11 4. PUBLIC HEARINGS: 12 A.Hold a public hearing and consider making a recommendation to City Council regarding a Comprehensive Plan amendment to amend the future land use map of approximately 104.61 acres from an "Employment Centers" land use designation to an "Industrial Centers" land use designation, located generally east of Mayhill Road and south of McKinney Street. The subject property consists of a portion of an un-platted tract of land. (CA13-0002, Lake Dallas Gas Storage, Ron Menguita) 13 14 B.Hold a public hearing and consider making a recommendation to City Council regarding an initial zoning request of Industrial Center General (IC-G) for approximately 251.39 acres, located generally east of Mayhill Road and south of McKinney Street. The subject property consists of two platted lots; Lot 1, Block 1 of the Lake Dallas Storage Addition and Lot 1, Block A of the Mayhill Road Addition, an un-platted tract of land, and a portion of an un- platted tract of land. (Z13-0004, Lake Dallas Gas Storage, Ron Menguita) 3 1Menguita stated Public Hearing items 4A and 4B will be heard together. Schaake introduced 2both agenda items. Menguita stated the subject property that is included in the comprehensive 3plan amendment and initial zoning requested is owned by the City of Denton. The subject 4property was annexed by the City in 2010. Atmos Energy currently leases a portion of the 5subject site, approximately 6.88 acres, which is where they operate a natural gas storage facility. 6This request would allow the applicant to move forward with the Specific Use Permit request to 7install a telecommunication tower. The current zoning applied is Rural Residential-5. The 8proposed zoning is Industrial Center General. Menguita stated staff sent 60 certified notices to 9property owners within 200 feet of the subject site, and 76 courtesy notices to property owners 10within 500 feet of the subject site. At this time staff has received 13 notices returned in 11opposition of this request. Menguita stated staff recommends approval of the Comprehensive 12Plan amendment and the initial zoning request. 13 14Bentley questioned the rules for building within a floodplain; Menguita stated there is no 15development that can occur unless there was a study that was approved by Federal Emergency 16Management Agency. Bentley questioned if the zoning request is for the addition of the 17telecommunication tower; Menguita stated that is correct. Schaake questioned if there would be 18any type of development allowed in the floodplain area; Arora stated no. Conner questioned if 19the McDonnell’s Subdivision would be impacted; Arora stated no. Taylor questioned the request 20for an industrial use if there is no plan to develop. Arora stated the property was purchased as 21one piece of property by the City of Denton. Schaake questioned if the plan is to rezone the 22property to what it abuts; Arora stated that is correct. 23 24Bentley questioned the action if one of these requests were to be denied; Menguita stated the 25notice was for the entire 245 acres, the area that is not indicated in pink would be able to move 26forward. Drake stated this Commission is responsible for making a recommendation to City 27Council, City Council can move forward as they recommend. Schaake opened the Public 28Hearing. 29 30Danny Sarine, 5316 Kayanne Lane, Denton, Texas 31Sarine stated he has resided in the McDonnell Subdivision for ten years. The property will lose 32value with the proposed zoning request. Sarine stated if the rezoning was completed in a smaller 33area away from the subdivision that would be tolerable. Sarine stated he is opposed to this 34request. 35 36Carolyn Hayward, 900 Cole Avenue, Denton, Texas 37Hayward stated when she purchased the property it was not located within a floodplain, years 38later she received a notice that it was now considered a floodplain. Hayward added the insurance 39on the house has increased and has now lost value of the property. Hayward questioned the 40rezoning to industrial if the property already has a lot of ponds, creeks and water regions. 41Hayward requested another zoning district to be considered. Conner stated the public notification 42request stated Carolyn resides in Corinth; Hayward stated she owns the property; however, her 43son lives there. 44 4 1Mike Cheugs, 900 Jeffrey Drive, Denton, Texas 2Cheugs stated he lives in the McDonnell Subdivision. Cheugs stated he is concerned with the 3type of use that could be developed and occupied in the floodplain. Cheugs stated a decision 4doesn’t need to be made at this time. 5 6James Griffin, 5304 Kayanne Lane, Denton, Texas 7Griffin stated he is concerned with the future development to this area; it could cause damage to 8the McDonnell Subdivision. Griffin stated he was told this subject site was harsh land property. 9 10Janie Marshall, 5301 Abby Way, Denton, Texas 11Marshall stated she just purchased her property in November 2012. Marshall added she is now 12concerned about the property value. Marshall stated she is concerned about the health and 13sanitary issues of a proposed water or sewer treatment plant on the subject site. Marshall stated 14she is in opposition of this request. 15 16Leilani Buehne, 5300 Paulie Drive, Denton, Texas 17Buehne stated she has lived there for three years and has three children as well. Buehne stated 18rezoning the property to something it doesn’t need to be zoned at is part of the problem. There 19are issues with the proposed uses that could occupy the property. Beuhne requested development 20of houses to build up the community rather than industrial use. 21 22Chris Mulkey, 912 Cole Avenue, Denton, Texas 23Mulkey stated the notification that he received didn’t state what the proposed zoning would be; 24therefore, it didn’t allow time for anyone to prepare for it. The proposed rezoning will take away 25from the property value. 26 27John Manganilla, Atmos Energy, 5420 LBJ Freeway, Dallas, Texas 28Manganilla stated he is the applicant representing Atmos Energy. The initial request was to allow 29for the telecommunication tower at the existing site. The thought process was to have existing 30wells that would cover the entire area. Manganilla stated the best zoning thought was the existing 31use of the property; this is why it is being proposed. There are no development plans at this time. 32Manganilla added Atmos Energy only has a lease over 6.88 acres of the property; therefore, they 33wouldn’t be able to develop in the future. 34 35Schaake closed the Public Hearing. 36 37Bentley questioned the storage facilities on the property; Manganilla stated they are located on 38the northeastern corner of the property and mineral rights are located on the northwestern corner 39of the property. Manganilla added there is gas wells located right outside of the property and 40some on the property as well. There are three or four located on the city property that has been 41there since approximately the 1960’s. Bentley questioned if those are stored underground; 42Manganilla stated that is correct. Conner questioned if Atmos Energy initiated the request; 43Manganilla stated yes due to the areas with the mineral lease and existing lease. 44 45Bentley stated the property is currently not zoned; however, Residential District-5(RD-5) is the 46zoning place holder. Bentley questioned if the property is technically zoned RD-5; Drake stated 5 1no. There is a provision in Subchapter 15 of the DDC which states any property that is not zoned 2because of annexation will have the RD-5 standards apply to it. Schaake questioned if a 3neighborhood meeting had been held; Menguita stated no. 4 5Taylor questioned staff if they would rather prefer recommendation with conditions or tabling 6this item. Drake stated this Commission can recommend what they prefer; however, City 7Council can still proceed how they chose. Drake added the applicant can choose to withdraw the 8applicant. Schaake questioned if the zoning case would still be heard; Drake stated that is 9correct. 10Manganilla stated since the City is partnered with the applicant, he would prefer to meet with the 11City before making any changes. Schaake agreed. 12 13Taylor motioned to table agenda item 4A, staff to hold a neighborhood meeting, staff to meet 14with Atmos Enegery in regards to zoning options that would be more appropriate and for the 15City of Denton and Atmos Energy to provide a buffer to the neighborhood that abuts the subject 16site. Drake stated the item needs to be postponed. Taylor corrected his motion to postpone the th 17item to the July 24 meeting. Bentley questioned agenda item 4B; Drake stated both items 18should be voted on simultaneously. Reece requested an amendment to the motion. 19 th 20Taylor motioned to postpone Agenda Items 4A and 4B to the July 24 meeting and for staff to 21hold a neighborhood meeting. Drake stated the Public Hearing was not opened for Agenda Item 224B. 23 24Commissioner Devin Taylor motioned, Commission Brian Bentley seconded to postpone 25Agenda Item 4A to the July 24, 2013 meeting and for staff to hold a neighborhood meeting. 26Motion approved (6-0). 27 28Schaake opened the Public Hearing for item 4B. 29 30Griffin stated the gas wells on the property are not something to interfere with. There shouldn’t 31be development on top of those gas wells. 32 33Sarine stated development in the floodplain area would be a disaster zone; it would cause 34insurance to increase. Schaake informed Sarine these are items staff and the applicant will go 35over during the neighborhood meeting. 36 th 37Cheugs stated he didn’t feel the proposed July 24 meeting date would allow time for the 38neighborhoods to prepare for the meeting. 39 40Hayward referred to the mineral rights and a park possibly being constructed over gas lines. 41Schaake informed Hayward this will be discussed during the neighborhood meeting. 42 43Buehne questioned the zoning area that contains the gas wells; Schaake informed Buehne that 44information will be discussed during the neighborhood meeting. Lockley stated as soon as a date 45is decided staff will send out notifications. Marshall questioned the 500 feet courtesy notification 46area; Lockley stated those are the individuals that will receive the notifications; however, they 6 1recipients can inform others of the proposal and are welcome to attend the neighborhood meeting 2as well. 3 4Commissioner Devin Taylor motioned, Commissioner Jessica King seconded to continue 5Agenda Item to the July 24, 2013 meeting. Motion approved (6-0). 6 5.FUTURE AGENDA ITEMS: Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the Planning and Zoning Commission or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting. 7 8Bentley informed the attending citizens that they are welcome to attend the meeting that will th 9have these items on the agenda, during the July 24 meeting. Bentley stated they will also have 10the opportunity to attend the City Council meeting that will hear this item. Drake informed the 11citizens that they will be able to speak during the Public Hearing for Z13-0004 item. 12 13Lockley provided the Commissioners with a draft outline of a requested item from Bentley. 14Lockley added the Capital Improvement agenda item will return for another Work Session. 15Lockley questioned if the Work Session could begin at 5 p.m. for that meeting; Commissioners 16agreed. Schaake adjourned the meeting at 8:37 p.m. 7 EXHIBIT 9 CA13-0002 and Z12-0004 Lake Dallas Gas Storage Public Meeting July 15, 2013 City Council Chamber 6:30 8:00 pm Meeting Notes: Staff informed the attendees that based on the comments received during the public hearing on June 12, 2013, staff and the applicant have decided to withdraw the Comprehensive Plan amendment and to limit the area of the initial zoning request to the original request of 6.88 acres that Atmos Energy currently leases. Staff informed the attendees that a Comprehensive Plan amendment is no longer required because the location of the 6.88 acre property is within an area already designated as Industrial Centers. Staff informed the attendees that the purpose of the initial zoning request is to allow Atmos Energy the ability to apply for a Specific Use Permit (SUP) to install a telecommunication tower that will be over 50 feet. provided the attendees a history of the gas storage facility. The applicant also explained the purpose of the initial zoning request and provided an illustration of what the proposed telecommunication tower would look like. Response #1: The Wastewater Treatment Plant has areas within its current location, west of the floodplain that operations can expand upon. This expansion would allow the operations to remain within its current location for another 15 to 20 years. In addition, with future technology, the Wastewater Treatment Plant can potentially operate within its current location for an additional 5 years. Question #2: Can public hearing notification be extended to all residents of the neighborhood? Response #2: Currently state law mandates that public hearing notification be within 200 feet from the subject property. The City can extend the notification to all residents of a neighborhood. Staff will discuss the request with the Director of Planning and Development. Question #3: Can we build a buffer along the southern boundary of the neighborhood now? Response #3: There is a natural buffer there now. If the City decides to expand wastewater operations along the southern boundary of the neighborhood, TCEQ requirements would require that a 200 foot buffer be provided starting from the property line. Question #4: Is the 6.88 acres already zoned IC-G? Response #4: No, the initial zoning of IC-G for the 6.88 acres is scheduled for the Planning and Zoning Commission to consider and make a recommendation to City Council on July 24, 2013. Following the Planning and Zoning Commission meeting, the City Council will hold a public hearing and consider the initial zoning. The date for the City Council meeting has not yet been determined. Question #5: Can the area currently within the floodplain and along the southern boundary of the neighborhood be a public park? Response #5: When staff is prepared to develop a plan for the area, staff will present the request to City Council for consideration. Question #6: When the staff develops a plan for the area, can it include a trail connection to Ryan High School? Response #6: Yes, staff will review all trail connection options. Question #7: If the 6.88 acre property is granted an initial zoning of IC-G, can the applicant propose other uses other than a gas storage facility. Response#7: Yes, the IC-G zoning district permits other uses other than a gas storage facility. However, the applicant has a lease agreement with the City and the lease agreement states that the applicant is allowed to only have uses associated with gas storage operations. Question#8: Can we get a copy of the uses that are permitted in the IC-G zoning district Response# 8: Yes, staff will email the Section of the Denton Development Code that contains this information. EXHIBIT10 PublicHearingD AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2013 DEPARTMENT: Denton Municipal Electric (DME) ACM: Howard Martin, 349-8232 ________________________________________________________________________ SUBJECT: Hold a public hearing and consider approval of the alignment of the Northeast Transmission Line Rebuild Project as requested by the Haisler family, property owners of the 53 acre tract located at the southeast corner of Loop 288 and Locust Street, City of Denton, Denton County, Texas. BACKGROUND: City Council approved the final section of the Northeast Transmission Line Rebuild Project during their meeting on January 10, 2012. At that meeting Council also gave direction to Denton Municipal Electric (DME) to work with the Haisler family, owners of the 53 acre tract on the southeast corner of Loop 288 and Locust Street, in order to determine an alignment that would be acceptable to the property owner and the neighborhood while meeting the requirements of DME. The Haisler family submitted a requested alignment to DME. After working with the Haislers to ensure that the requested alignment met DME’s engineering requirements, DME coordinated a public meeting, which was held on July 8, 2013, to discuss the alignment with the neighborhood. Exhibit 2 provides details on the feedback provided by the neighborhood at that meeting. Below is a summary of that feedback: 26 people signed in at the open house 14 people (including the Haislers and their representative) left comments 6 comments were in favor of the alignment recommended by the Haislers 7 comments were in opposition to the alignment 1 comment was neutral to the alignment 1 individual from the neighborhood made a phone call prior to the meeting to express opposition to the alignment OPTIONS: 1.Approve the transmission line alignment requested by the Haisler family on their property located at the southeast corner of Loop 288 and Locust Street. 2.Disapprove the transmission line alignment requested by the Haisler family on their property located at the southeast corner of Loop 288 and Locust Street. 1 RECOMMENDATION: Staff recommends that the Public Utilities Board should recommend approval of the alignment. PRIOR ACTION/REVIEW (Council, Boards, Commissions): Public Utilities Board – December 12, 2011 City Council – December 6, 2011 January 9, 2012 March 5, 2012 March 26, 2012 October 18, 2012 January 9, 2012 November 15, 2012 August 12, 2012 January 10, 2012 EXHIBITS: 1. Map of Haisler property with recommended alignment. 2. Sign in sheet from the neighborhood meeting on July 8, 2013 3. Comments from the neighborhood meeting on July 8, 2013 4. Map of addresses for those in opposition to the proposed route Respectfully submitted: Phil Williams General Manager Denton Municipal Electric Prepared by: Brian Daskam Energy Services Development Officer Denton Municipal Electric 2 EXHIBIT1 HAISLER TRACT BOUNDARY LINE 105' ELECTRIC EASEMENT 17.5' EASMENT OFFSET TO AVOID ANY FUTURE DRAINAGE IMPROVEMENTS 75' ELECTRIC EASEMENT STEEL POLE (APPROX. LOCATION) HAISLER TRACT TRANSMISSION LINE PROPOSED ALIGNMENT EXHIBIT2 EXHIBIT3 EXHIBIT4 IndividualItemA AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2013 DEPARTMENT: Denton Municipal Electric ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance (1) finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain fee simple title to the surface estate, with waiver of surface use related to the mineral estate, of a 0.5103 acre tract of land to be used and utilized for and in connection with the expansion, construction, maintenance, replacement, augmentation, and improvement of electric transmission and distribution lines, facilities, and structures (herein the “DME Expansion Project”), the affected lands and interests being generally situated in the M.E.P. & P.R.R. Survey, Abstract Number 1473, City of Denton, Denton County Texas, as more particularly described in Exhibit “A” and depicted in Exhibit “B”, attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired collectively referred to herein as the “Property Interests”); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (III) authorizing the expenditure of funds therefore; (IV) making findings; (V) providing a savings clause; and (VI) providing an effective date. (Parcel 19P – Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project) The Public Utilities Board recommends approval (5-0). BACKGROUND Ongoing negotiations with the affected property owner for the subject land rights necessary for the Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade project have reached an impasse. Approval of the subject ordinance authorizes staff to acquire the land rights necessary by way of exercising the City’s eminent domain authority. OPTIONS 1.Recommend approval of the proposed Ordinance. 2.Decline to recommend approval of the proposed Ordinance. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This tract is within the alignment previously recommended by the Public Utility Board and approved by the City Council. August 12, 2013 - The Public Utilities Board recommends approval (5-0). FISCAL INFORMATION The overall 69kV Transmission Line Rebuild project is being funded by issuing General Obligation Bonds which will be paid by Transmission Revenue received from all other electric utilities who are members of the Electric Reliability Council of Texas (ERCOT). BID INFORMATION N/A EXHIBITS 1.Location Map 2.Ordinance 3.PUB Minutes Respectfully submitted, Phillip Williams General Manager Electric Administration Denton Municipal Electric Prepared by, Pamela England Real Estate Specialist EXHIBIT1 LOCATION MAP PAISLEY Denton Municipal Electric Proposed Acquisition Khosrow Sadeghian - .5 Acres LEGEND SITE PARCELS TM LINE TM LINE EASEMENT Denton Municipal Electric Proposed Acquisition Khosrow Sadeghian - P19 .5 Acres 15015030075 FEET 0 EXHIBIT2 EXHIBIT3 DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3August 12, 2013 4 5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7Monday, August 12, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton 8Service Center, 901A Texas Street, Denton, Texas. 9 10Present:Chairman Dick Smith, Vice Chair Billy Cheek,SecretaryRandy 11Robinson, Leonard Herring, and Barbara Russell 12 13Absent: Phil Gallivan and Lilia Bynum 14 15Ex Officio Members: George Campbell, City Manager and Howard Martin, ACM Utilities 16 OPEN MEETING: 17 18 CONSENT: 19 20 215)Recommend approval of an Ordinance (1) finding that a public use and necessity exists to 22acquire through the exercise of the right of eminent domain fee simple title to the surface 23estate, with waiver of surface use related to the mineral estate, of a 0.5103 acre tract of land 24to be used and utilized for and in connection with the expansion, construction, maintenance, 25replacement, augmentation, and improvement of electric transmission and distribution lines, 26facilities, and structures (herein the “DME Expansion Project”), the affected lands and 27interests being generally situated in the M.E.P. & P.R.R. Survey, Abstract Number 1473, 28City of Denton, Denton County Texas, as more particularly described in Exhibit “A” and 29depicted in Exhibit “B”, attached hereto and made a part hereof (said tract of land and all 30related interests therein to be acquired collectively referred to herein as the “Property 31Interests”); (II) authorizing the filing and prosecution of eminent domain proceedings to 32acquire the Property Interests; (III) authorizing the expenditure of funds therefore; (IV) 33making findings; (V) providing a savings clause; and (VI) providing an effective date. 34(Parcel 19P – Denton Municipal Electric 69kV Spencer to Denton North Interchange 35Transmission Line Upgrade Project). 36 Agenda item 5 was motioned to approve by Board Member Russell with a second by Board 37 Member Cheek, vote 5-0 approved. 38 39 40Adjournment 12:16 p.m. IndividualItemB AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2013 DEPARTMENT: Denton Municipal Electric ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance (I) finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain an Electric Utility Easement encumbering a 0.1739 acre tract to be used and utilized for and in connection with the expansion, construction, maintenance, replacement, augmentation, and improvement of electric transmission and distribution lines, facilities, and structures (herein the “DME Expansion Project”), the affected lands and interests being generally situated in the M.E.P. & P.R.R. Survey, Abstract Number 927, City of Denton, Denton County Texas, as more particularly described in Exhibit “A” and depicted on “B”, attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired and damages resulting therefrom collectively referred to herein as the “Property Interests”); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (III) authorizing the expenditure of funds therefore; (IV) making findings; (V) providing a savings clause; and (VI) providing an effective date. (Parcel 20P – Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project) The Public Utilities Board recommends approval (5-0). BACKGROUND Ongoing negotiations with the affected property owner for the subject land rights necessary for the Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade project have reached an impasse. Approval of the subject ordinance authorizes staff to acquire the land rights necessary by way of exercising the City’s eminent domain authority. OPTIONS 1.Recommend approval of the proposed Ordinance. 2.Decline to recommend approval of the proposed Ordinance. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This tract is within the alignment previously recommended by the Public Utility Board and approved by the City Council. August 12, 2013 - The Public Utilities Board recommends approval (5-0). FISCAL INFORMATION The overall 69kV Transmission Line Rebuild project is being funded by issuing General Obligation Bonds which will be paid by Transmission Revenue received from all other electric utilities who are members of the Electric Reliability Council of Texas (ERCOT). BID INFORMATION N/A EXHIBITS 1.Location Map 2.Ordinance 3.PUB Minutes Respectfully submitted, Phillip Williams General Manager Electric Administration Denton Municipal Electric Prepared by, Pamela England Real Estate Specialist EXHIBIT1 Subject EXHIBIT2 EXHIBIT3 DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3August 12, 2013 4 5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7Monday, August 12, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton 8Service Center, 901A Texas Street, Denton, Texas. 9 10Present:Chairman Dick Smith, Vice Chair Billy Cheek,SecretaryRandy 11Robinson, Leonard Herring, and Barbara Russell 12 13Absent: Phil Gallivan and Lilia Bynum 14 15Ex Officio Members: George Campbell, City Manager and Howard Martin, ACM Utilities 16 OPEN MEETING: 17 18 CONSENT: 19 20 216)Recommend approval of an Ordinance (I) finding that a public use and necessity exists to 22acquire through the exercise of the right of eminent domain an Electric Utility Easement 23encumbering a 0.1739 acre tract to be used and utilized for and in connection with the 24expansion, construction, maintenance, replacement, augmentation, and improvement of 25electric transmission and distribution lines, facilities, and structures (herein the “DME 26Expansion Project”), the affected lands and interests being generally situated in the M.E.P. & 27P.R.R. Survey, Abstract Number 927, City of Denton, Denton County Texas, as more 28particularly described in Exhibit “A” and depicted in Exhibit “B”, attached hereto and made 29a part hereof (said tract of land and all related interests therein to be acquired and damages 30resulting therefrom collectively referred to herein as the “Property Interests”); (II) 31authorizing the filing and prosecution of eminent domain proceedings to acquire the Property 32Interests; (III) authorizing the expenditure of funds therefore; (IV) making findings; (V) 33providing a savings clause; and (VI) providing an effective date. (Parcel 20P – Denton 34Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade 35Project). 36 Agenda item 6 was motioned to approve by Board Member Russell with a second by Board 37 Member Cheek, vote 5-0 approved. 38 39 40Adjournment 12:16 p.m. IndividualItemC AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2013 DEPARTMENT: Denton Municipal Electric ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance (I) finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain an Electric Utility Easement encumbering a 3.5624 acre tract to be used and utilized for and in connection with the expansion, construction, maintenance, replacement, augmentation, and improvement of electric transmission and distribution lines, facilities, and structures (herein the “DME Expansion Project”), the affected lands and interests being generally situated in the M.E.P. & P.R.R. Survey, Abstract Number 927, City of Denton, Denton County Texas, as more particularly described in Exhibit “A” and depicted in Exhibit “B”, attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired and damages resulting therefrom collectively referred to herein as the “Property Interests”); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (III) authorizing the expenditure of funds therefore; (IV) making findings; (V) providing a savings clause; and (VI) providing an effective date. (Parcel 21P – Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project) The Public Utilities Board recommends approval (4-0). BACKGROUND Ongoing negotiations with the affected property owner for the subject land rights necessary for the Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade project have reached an impasse. Approval of the subject ordinance authorizes staff to acquire the land rights necessary by way of exercising the City’s eminent domain authority. OPTIONS 1.Recommend approval of the proposed Ordinance. 2.Decline to recommend approval of the proposed Ordinance. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This tract is within the alignment previously recommended by the Public Utility Board and approved by the City Council. August 12, 2013 - The Public Utilities Board recommends approval (4-0). FISCAL INFORMATION The overall 69kV Transmission Line Rebuild project is being funded by issuing General Obligation Bonds which will be paid by Transmission Revenue received from all other electric utilities who are members of the Electric Reliability Council of Texas (ERCOT). BID INFORMATION N/A EXHIBITS 1.Location Map 2.Ordinance 3.PUB Minutes Respectfully submitted, Phillip Williams General Manager Electric Administration Denton Municipal Electric Prepared by, Pamela England Real Estate Specialist EXHIBIT1 Map Subject ParcelsFloodplain - 100yr StreetsAerials 2011 Red: Band_1 Lakes Green: Band_2 Blue: Band_3 Legal Disclaimer This product is for information purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the- ground survey and represents only the relative location of property boundaries. EXHIBIT2 EXHIBIT3 DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3August 12, 2013 4 5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7Monday, August 12, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton 8Service Center, 901A Texas Street, Denton, Texas. 9 10Present:Chairman Dick Smith, Vice Chair Billy Cheek,SecretaryRandy 11Robinson, Leonard Herring, and Barbara Russell 12 13Absent: Phil Gallivan and Lilia Bynum 14 15Ex Officio Members: George Campbell, City Manager and Howard Martin, ACM Utilities 16 OPEN MEETING: 17 18 CONSENT: 19 20 217)Recommend approval of an Ordinance (I) finding that a public use and necessity exists to 22acquire through the exercise of the right of eminent domain an Electric Utility Easement 23encumbering a 3.5624 acre tract to be used and utilized for and in connection with the 24expansion, construction, maintenance, replacement, augmentation, and improvement of 25electric transmission and distribution lines, facilities, and structures (herein the “DME 26Expansion Project”), the affected lands and interests being generally situated in the M.E.P. & 27P.R.R. Survey, Abstract Number 927, City of Denton, Denton County Texas, as more 28particularly described in Exhibit “A” and depicted in Exhibit “B”, attached hereto and made 29a part hereof (said tract of land and all related interests therein to be acquired and damages 30resulting therefrom collectively referred to herein as the “Property Interests”); (II) 31authorizing the filing and prosecution of eminent domain proceedings to acquire the Property 32Interests; (III) authorizing the expenditure of funds therefore; (IV) making findings; (V) 33providing a savings clause; and (VI) providing an effective date. (Parcel 21P – Denton 34Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade 35Project). 36 Agenda item 7 was motioned to approve by Board Member Robinson with a second by 37 Board Member Cheek, vote 4-0. Russell recused herself from these items. 38 39 40Adjournment 12:16 p.m. IndividualItemD AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2013 DEPARTMENT: Denton Municipal Electric ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance (I) finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain an Electric Utility Easement encumbering a 2.0203 acre tract to be used and utilized for and in connection with the expansion, construction, maintenance, replacement, augmentation, and improvement of electric transmission and distribution lines, facilities, and structures (herein the “DME Expansion Project”), the affected lands and interests being generally situated in the M.E.P. & P.R.R. Survey, Abstract Number 927, City of Denton, Denton County Texas, as more particularly described in Exhibit “A” and depicted in Exhibit “B”, attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired and damages resulting therefrom collectively referred to herein as the “Property Interests”); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (III) authorizing the expenditure of funds therefore; (IV) making findings; (V) providing a savings clause; and (VI) providing an effective date. (Parcel 22P – Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project) The Public Utilities Board recommends approval (4-0). BACKGROUND Ongoing negotiations with the affected property owner for the subject land rights necessary for the Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade project have reached an impasse. Approval of the subject ordinance authorizes staff to acquire the land rights necessary by way of exercising the City’s eminent domain authority. OPTIONS 1.Recommend approval of the proposed Ordinance. 2.Decline to recommend approval of the proposed Ordinance. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This tract is within the alignment previously recommended by the Public Utility Board and approved by the City Council. August 12, 2013 - The Public Utilities Board recommends approval (4-0). FISCAL INFORMATION The overall 69kV Transmission Line Rebuild project is being funded by issuing General Obligation Bonds which will be paid by Transmission Revenue received from all other electric utilities who are members of the Electric Reliability Council of Texas (ERCOT). BID INFORMATION N/A EXHIBITS 1.Location Map 2.Ordinance 3.PUB Minutes Respectfully submitted, Phillip Williams General Manager Electric Administration Denton Municipal Electric Prepared by, Pamela England Real Estate Specialist EXHIBIT1 Map Subject ParcelsFloodplain - 100yr StreetsAerials 2011 Red: Band_1 Lakes Green: Band_2 Blue: Band_3 Legal Disclaimer This product is for information purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the- ground survey and represents only the relative location of property boundaries. EXHIBIT2 EXHIBIT3 DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3August 12, 2013 4 5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7Monday, August 12, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton 8Service Center, 901A Texas Street, Denton, Texas. 9 10Present:Chairman Dick Smith, Vice Chair Billy Cheek,SecretaryRandy 11Robinson, Leonard Herring, and Barbara Russell 12 13Absent: Phil Gallivan and Lilia Bynum 14 15Ex Officio Members: George Campbell, City Manager and Howard Martin, ACM Utilities 16 OPEN MEETING: 17 18 CONSENT: 19 20 218)Recommend approval of an Ordinance (I) finding that a public use and necessity exists to 22acquire through the exercise of the right of eminent domain an Electric Utility Easement 23encumbering a 2.0203 acre tract to be used and utilized for and in connection with the 24expansion, construction, maintenance, replacement, augmentation, and improvement of 25electric transmission and distribution lines, facilities, and structures (herein the “DME 26Expansion Project”), the affected lands and interests being generally situated in the M.E.P. & 27P.R.R. Survey, Abstract Number 927, City of Denton, Denton County Texas, as more 28particularly described in Exhibit “A” and depicted in Exhibit “B”, attached hereto and made 29a part hereof (said tract of land and all related interests therein to be acquired and damages 30resulting therefrom collectively referred to herein as the “Property Interests”); (II) 31authorizing the filing and prosecution of eminent domain proceedings to acquire the Property 32Interests; (III) authorizing the expenditure of funds therefore; (IV) making findings; (V) 33providing a savings clause; and (VI) providing an effective date. (Parcel 22P – Denton 34Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade 35Project). 36 Agenda item 8 was motioned to approve by Board Member Robinson with a second by 37 Board Member Cheek, vote 4-0. Russell recused herself from these items. 38 39 40Adjournment 12:16 p.m. IndividualItemE AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2013 DEPARTMENT: Denton Municipal Electric ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance (I) finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain an Electric Utility Easement encumbering a 2.9001 acre tract to be used and utilized for and in connection with the expansion, construction, maintenance, replacement, augmentation, and improvement of electric transmission and distribution lines, facilities, and structures (herein the “DME Expansion Project”), the affected lands and interests being generally situated in the R.B. Longbottom Survey, Abstract Number 775, City of Denton, Denton County Texas, as more particularly described in Exhibit “A” and depicted in Exhibit “B”, attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired and damages resulting therefrom collectively referred to herein as the “Property Interests”); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (III) authorizing the expenditure of funds therefore; (IV) making findings; (V) providing a savings clause; and (VI) providing an effective date. (Parcel 26P – Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project) The Public Utilities Board recommends approval (5-0). BACKGROUND Ongoing negotiations with the affected property owner for the subject land rights necessary for the Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade project have reached an impasse. Approval of the subject ordinance authorizes staff to acquire the land rights necessary by way of exercising the City’s eminent domain authority. OPTIONS 1.Recommend approval of the proposed Ordinance. 2.Decline to recommend approval of the proposed Ordinance. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This tract is within the alignment previously recommended by the Public Utility Board and approved by the City Council. August 12, 2013 - The Public Utilities Board recommends approval (5-0). FISCAL INFORMATION The overall 69kV Transmission Line Rebuild project is being funded by issuing General Obligation Bonds which will be paid by Transmission Revenue received from all other electric utilities who are members of the Electric Reliability Council of Texas (ERCOT). BID INFORMATION N/A EXHIBITS 1.Location Map 2.Ordinance 3.PUB Minutes Respectfully submitted, Phillip Williams General Manager Electric Administration Denton Municipal Electric Prepared by, Pamela England Real Estate Specialist EXHIBIT1 Map ParcelsFloodplain - 100yr StreetsAerials 2011 Red: Band_1 Lakes Green: Band_2 Blue: Band_3 Legal Disclaimer This product is for information purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the- ground survey and represents only the relative location of property boundaries. EXHIBIT2 EXHIBIT3 DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3August 12, 2013 4 5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7Monday, August 12, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton 8Service Center, 901A Texas Street, Denton, Texas. 9 10Present:Chairman Dick Smith, Vice Chair Billy Cheek,SecretaryRandy 11Robinson, Leonard Herring, and Barbara Russell 12 13Absent: Phil Gallivan and Lilia Bynum 14 15Ex Officio Members: George Campbell, City Manager and Howard Martin, ACM Utilities 16 OPEN MEETING: 17 18 CONSENT: 19 20 219)Recommend approval of an Ordinance (I) finding that a public use and necessity exists to 22acquire through the exercise of the right of eminent domain an Electric Utility Easement 23encumbering a 2.9001 acre tract to be used and utilized for and in connection with the 24expansion, construction, maintenance, replacement, augmentation, and improvement of 25electric transmission and distribution lines, facilities, and structures (herein the “DME 26Expansion Project”), the affected lands and interests being generally situated in the R.B. 27Longbottom Survey, Abstract Number 775, City of Denton, Denton County Texas, as more 28particularly described in Exhibit “A” and depicted in Exhibit “B”, attached hereto and made 29a part hereof (said tract of land and all related interests therein to be acquired and damages 30resulting therefrom collectively referred to herein as the “Property Interests”); (II) 31authorizing the filing and prosecution of eminent domain proceedings to acquire the Property 32Interests; (III) authorizing the expenditure of funds therefore; (IV) making findings; (V) 33providing a savings clause; and (VI) providing an effective date. (Parcel 26P – Denton 34Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade 35Project). 36 Agenda item 9 was motioned to approve by Board Member Russell with a second by Board 37 Member Cheek, vote 5-0 approved. 38 39 40Adjournment 12:16 p.m. IndividualItemF AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2013 DEPARTMENT: Denton Municipal Electric ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance (I) finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain an Electric Utility Easement encumbering a 0.1911 acre tract to be used and utilized for and in connection with the expansion, construction, maintenance, replacement, augmentation, and improvement of electric transmission and distribution lines, facilities, and structures (herein the “DME Expansion Project”), the affected lands and interests being generally situated in the R.B. Longbottom Survey, Abstract Number 775, City of Denton, Denton County Texas, as more particularly described in Exhibit “A” and depicted in Exhibit “B”, attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired and damages resulting therefrom collectively referred to herein as the “Property Interests”); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (III) authorizing the expenditure of funds therefore; (IV) making findings; (V) providing a savings clause; and (VI) providing an effective date. (Parcel 28P – Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project) The Public Utilities Board recommends approval (5-0). BACKGROUND Ongoing negotiations with the affected property owner for the subject land rights necessary for the Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade project have reached an impasse. Approval of the subject ordinance authorizes staff to acquire the land rights necessary by way of exercising the City’s eminent domain authority. OPTIONS 1.Recommend approval of the proposed Ordinance. 2.Decline to recommend approval of the proposed Ordinance. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This tract is within the alignment previously recommended by the Public Utility Board and approved by the City Council. August 12, 2013 - The Public Utilities Board recommends approval (5-0). FISCAL INFORMATION The overall 69kV Transmission Line Rebuild project is being funded by issuing General Obligation Bonds which will be paid by Transmission Revenue received from all other electric utilities who are members of the Electric Reliability Council of Texas (ERCOT). BID INFORMATION N/A EXHIBITS 1.Location Map 2.Ordinance 3.PUB Minutes Respectfully submitted, Phillip Williams General Manager Electric Administration Denton Municipal Electric Prepared by, Pamela England Real Estate Specialist EXHIBIT1 Map ParcelsFloodplain - 100yr StreetsAerials 2011 Red: Band_1 Lakes Green: Band_2 Blue: Band_3 Legal Disclaimer This product is for information purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the- round survey and represents only the relative location of property boundaries. g EXHIBIT2 EXHIBIT3 DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3August 12, 2013 4 5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7Monday, August 12, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton 8Service Center, 901A Texas Street, Denton, Texas. 9 10Present:Chairman Dick Smith, Vice Chair Billy Cheek,SecretaryRandy 11Robinson, Leonard Herring, and Barbara Russell 12 13Absent: Phil Gallivan and Lilia Bynum 14 15Ex Officio Members: George Campbell, City Manager and Howard Martin, ACM Utilities 16 OPEN MEETING: 17 18 CONSENT: 19 20 2110)Recommend approval of an Ordinance (I) finding that a public use and necessity exists to 22acquire through the exercise of the right of eminent domain an Electric Utility Easement 23encumbering a 0.1911 acre tract to be used and utilized for and in connection with the 24expansion, construction, maintenance, replacement, augmentation, and improvement of 25electric transmission and distribution lines, facilities, and structures (herein the “DME 26Expansion Project”), the affected lands and interests being generally situated in the R.B. 27Longbottom Survey, Abstract Number 775, City of Denton, Denton County Texas, as more 28particularly described in Exhibit “A” and depicted in Exhibit “B”, attached hereto and made 29a part hereof (said tract of land and all related interests therein to be acquired and damages 30resulting therefrom collectively referred to herein as the “Property Interests”); (II) 31authorizing the filing and prosecution of eminent domain proceedings to acquire the Property 32Interests; (III) authorizing the expenditure of funds therefore; (IV) making findings; (V) 33providing a savings clause; and (VI) providing an effective date. (Parcel 28P – Denton 34Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade 35Project). 36 Agenda item 10 was motioned to approve by Board Member Russell with a second by 37 Board Member Cheek, vote 5-0 approved. 38 39 40Adjournment 12:16 p.m. IndividualItemG AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2013 DEPARTMENT: Denton Municipal Electric ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance (I) finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain an Electric Utility Easement encumbering a 0.8652 acre tract to be used and utilized for and in connection with the expansion, construction, maintenance, replacement, augmentation, and improvement of electric transmission and distribution lines, facilities, and structures (herein the “DME Expansion Project”), the affected lands and interests being generally situated in the R.B. Longbottom Survey, Abstract Number 775, City of Denton, Denton County Texas, as more particularly described in Exhibit “A” and depicted in Exhibit “B”, attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired and damages resulting therefrom collectively referred to herein as the “Property Interests”); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (III) authorizing the expenditure of funds therefore; (IV) making findings; (V) providing a savings clause; and (VI) providing an effective date. (Parcel 29P – Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project) The Public Utilities Board recommends approval (5-0). BACKGROUND Ongoing negotiations with the affected property owner for the subject land rights necessary for the Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade project have reached an impasse. Approval of the subject ordinance authorizes staff to acquire the land rights necessary by way of exercising the City’s eminent domain authority. OPTIONS 1.Recommend approval of the proposed Ordinance. 2.Decline to recommend approval of the proposed Ordinance. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This tract is within the alignment previously recommended by the Public Utility Board and approved by the City Council. August 12, 2013 - The Public Utilities Board recommends approval (5-0). FISCAL INFORMATION The overall 69kV Transmission Line Rebuild project is being funded by issuing General Obligation Bonds which will be paid by Transmission Revenue received from all other electric utilities who are members of the Electric Reliability Council of Texas (ERCOT). BID INFORMATION N/A EXHIBITS 1.Location Map 2.Ordinance 3.PUB Minutes Respectfully submitted, Phillip Williams General Manager Electric Administration Denton Municipal Electric Prepared by, Pamela England Real Estate Specialist EXHIBIT1 Subject EXHIBIT2 EXHIBIT3 DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3August 12, 2013 4 5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7Monday, August 12, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton 8Service Center, 901A Texas Street, Denton, Texas. 9 10Present:Chairman Dick Smith, Vice Chair Billy Cheek,SecretaryRandy 11Robinson, Leonard Herring, and Barbara Russell 12 13Absent: Phil Gallivan and Lilia Bynum 14 15Ex Officio Members: George Campbell, City Manager and Howard Martin, ACM Utilities 16 OPEN MEETING: 17 18 CONSENT: 19 20 2111)Recommend approval of an Ordinance (I) finding that a public use and necessity exists to 22acquire through the exercise of the right of eminent domain an Electric Utility Easement 23encumbering a 0.8652 acre tract to be used and utilized for and in connection with the 24expansion, construction, maintenance, replacement, augmentation, and improvement of 25electric transmission and distribution lines, facilities, and structures (herein the “DME 26Expansion Project”), the affected lands and interests being generally situated in the R.B. 27Longbottom Survey, Abstract Number 775, City of Denton, Denton County Texas, 28particularly as more described in Exhibit “A” and depicted in Exhibit “B”, attached hereto 29and made a part hereof (said tract of land and all related interests therein to be acquired and 30damages resulting therefrom collectively referred to herein as the “Property Interests”); (II) 31authorizing the filing and prosecution of eminent domain proceedings to acquire the Property 32Interests; (III) authorizing the expenditure of funds therefore; (IV) making findings; (V) 33providing a savings clause; and (VI) providing an effective date. (Parcel 29P – Denton 34Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade 35Project). 36 Agenda item 11 was motioned to approve by Board Member Russell with a second by 37 Board Member Cheek, vote 5-0 approved. 38 39 40Adjournment 12:16 p.m. IndividualItemH AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2013 DEPARTMENT: Denton Municipal Electric ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance (I) finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain an Electric Utility Easement encumbering a 6.8289 acre tract to be used and utilized for and in connection with the expansion, construction, maintenance, replacement, augmentation, and improvement of electric transmission and distribution lines, facilities, and structures (herein the “DME Expansion Project”), the affected lands and interests being generally situated in the Caswell Carter Survey, Abstract Number 275, and the Daniel D. Gulp Survey, Abstract 287, City of Denton, Denton County Texas, as more particularly described in Exhibit “A” and depicted in Exhibit “B”, attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired and damages resulting therefrom collectively referred to herein as the “Property Interests”); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (III) authorizing the expenditure of funds therefore; (IV) making findings; (V) providing a savings clause; and (VI) providing an effective date. (Parcel 33P – Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project) The Public Utilities Board recommends approval (5-0). BACKGROUND Ongoing negotiations with the affected property owner for the subject land rights necessary for the Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade project have reached an impasse. Approval of the subject ordinance authorizes staff to acquire the land rights necessary by way of exercising the City’s eminent domain authority. OPTIONS 1.Recommend approval of the proposed Ordinance. 2.Decline to recommend approval of the proposed Ordinance. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This tract is within the alignment previously recommended by the Public Utility Board and approved by the City Council. August 12, 2013 - The Public Utilities Board recommends approval (5-0). FISCAL INFORMATION The overall 69kV Transmission Line Rebuild project is being funded by issuing General Obligation Bonds which will be paid by Transmission Revenue received from all other electric utilities who are members of the Electric Reliability Council of Texas (ERCOT). BID INFORMATION N/A EXHIBITS 1.Location Map 2.Ordinance 3.PUB Minutes Respectfully submitted, Phillip Williams General Manager Electric Administration Denton Municipal Electric Prepared by, Pamela England Real Estate Specialist EXHIBIT1 Subject EXHIBIT2 EXHIBIT3 DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3August 12, 2013 4 5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7Monday, August 12, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton 8Service Center, 901A Texas Street, Denton, Texas. 9 10Present:Chairman Dick Smith, Vice Chair Billy Cheek,SecretaryRandy 11Robinson, Leonard Herring, and Barbara Russell 12 13Absent: Phil Gallivan and Lilia Bynum 14 15Ex Officio Members: George Campbell, City Manager and Howard Martin, ACM Utilities 16 OPEN MEETING: 17 18 CONSENT: 19 20 2112)Recommend approval of an Ordinance (I) finding that a public use and necessity exists to 22acquire through the exercise of the right of eminent domain an Electric Utility Easement 23encumbering a 6.8289 acre tract to be used and utilized for and in connection with the 24expansion, construction, maintenance, replacement, augmentation, and improvement of 25electric transmission and distribution lines, facilities, and structures (herein the “DME 26Expansion Project”), the affected lands and interests being generally situated in the Caswell 27Carter Survey, Abstract Number 275, and the Daniel D. Gulp Survey, Abstract 287, City of 28Denton, Denton County Texas as more particularly described in Exhibit “A” and depicted in 29Exhibit “B”, attached hereto and made a part hereof (said tract of land and all related 30interests therein to be acquired and damages resulting therefrom collectively referred to 31herein as the “Property Interests”); (II) authorizing the filing and prosecution of eminent 32domain proceedings to acquire the Property Interests; (III) authorizing the expenditure of 33funds therefore; (IV) making findings; (V) providing a savings clause; and (VI) providing an 34effective date. (Parcel 33P – Denton Municipal Electric 69kV Spencer to Denton North 35Interchange Transmission Line Upgrade Project). 36 Agenda item 12 was motioned to approve by Board Member Russell with a second by 37 Board Member Cheek, vote 5-0 approved. 38 39 40Adjournment 12:16 p.m. IndividualItemI AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2013 DEPARTMENT: Denton Municipal Electric ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance (I) finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain an Electric Utility Easement encumbering a 0.8052 acre tract to be used and utilized for and in connection with the expansion, construction, maintenance, replacement, augmentation, and improvement of electric transmission and distribution lines, facilities, and structures (herein the “DME Expansion Project”), the affected lands and interests being generally situated in the Daniel D. Gulp Survey, Abstract 287, City of Denton, Denton County Texas, as more particularly described in Exhibit “A” and depicted in Exhibit “B”, attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired and damages resulting therefrom collectively referred to herein as the “Property Interests”); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (III) authorizing the expenditure of funds therefore; (IV) making findings; (V) providing a savings clause; and (VI) providing an effective date. (Parcel 35P – Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project) The Public Utilities Board recommends approval (4-0). BACKGROUND Ongoing negotiations with the affected property owner for the subject land rights necessary for the Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade project have reached an impasse. Approval of the subject ordinance authorizes staff to acquire the land rights necessary by way of exercising the City’s eminent domain authority. OPTIONS 1.Recommend approval of the proposed Ordinance. 2.Decline to recommend approval of the proposed Ordinance. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This tract is within the alignment previously recommended by the Public Utility Board and approved by the City Council. August 12, 2013 - The Public Utilities Board recommends approval (4-0). FISCAL INFORMATION The overall 69kV Transmission Line Rebuild project is being funded by issuing General Obligation Bonds which will be paid by Transmission Revenue received from all other electric utilities who are members of the Electric Reliability Council of Texas (ERCOT). BID INFORMATION N/A EXHIBITS 1.Location Map 2.Ordinance 3.PUB Minutes Respectfully submitted, Phillip Williams General Manager Electric Administration Denton Municipal Electric Prepared by, Pamela England Real Estate Specialist EXHIBIT1 Map Subject ParcelsFloodplain - 100yr StreetsAerials 2011 Red: Band_1 Lakes Green: Band_2 Blue: Band_3 Legal Disclaimer This product is for information purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the- ground survey and represents only the relative location of property boundaries. EXHIBIT2 EXHIBIT3 DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3August 12, 2013 4 5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7Monday, August 12, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton 8Service Center, 901A Texas Street, Denton, Texas. 9 10Present:Chairman Dick Smith, Vice Chair Billy Cheek,SecretaryRandy 11Robinson, Leonard Herring, and Barbara Russell 12 13Absent: Phil Gallivan and Lilia Bynum 14 15Ex Officio Members: George Campbell, City Manager and Howard Martin, ACM Utilities 16 OPEN MEETING: 17 18 CONSENT: 19 20 2113)Recommend approval of an Ordinance (I) finding that a public use and necessity exists to 22acquire through the exercise of the right of eminent domain an Electric Utility Easement 23encumbering a 0.8052 acre tract to be used and utilized for and in connection with the 24expansion, construction, maintenance, replacement, augmentation, and improvement of 25electric transmission and distribution lines, facilities, and structures (herein the “DME 26Expansion Project”), the affected lands and interests being generally situated in the Daniel D. 27Gulp Survey, Abstract 287, City of Denton, Denton County Texas, as more particularly 28described in Exhibit “A” and depicted in Exhibit “B”, attached hereto and made a part hereof 29(said tract of land and all related interests therein to be acquired and damages resulting 30therefrom collectively referred to herein as the “Property Interests”); (II) authorizing the 31filing and prosecution of eminent domain proceedings to acquire the Property Interests; (III) 32authorizing the expenditure of funds therefore; (IV) making findings; (V) providing a savings 33clause; and (VI) providing an effective date. (Parcel 35P – Denton Municipal Electric 69kV 34Spencer to Denton North Interchange Transmission Line Upgrade Project). 35 Agenda item 13 motioned to approve by Board Member Herring with a second by Board 36 Member Russell, vote 4-0. Robinson recused himself from this item. 37 38 39Adjournment 12:16 p.m. IndividualItemJ AGENDA INFORMATION SHEET AGENDA DATE: August 20, 2013 DEPARTMENT: Denton Municipal Electric ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance (I) finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain an Electric Utility Easement encumbering a 0.0560 acre tract to be used and utilized for and in connection with the expansion, construction, maintenance, replacement, augmentation, and improvement of electric transmission and distribution lines, facilities, and structures (herein the “DME Expansion Project”), the affected lands and interests being generally situated in the M. Yoacham Survey, Abstract 1442, City of Denton, Denton County Texas, as more particularly described in Exhibit “A” and depicted in Exhibit “B”, attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired and damages resulting therefrom collectively referred to herein as the “Property Interests”); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (III) authorizing the expenditure of funds therefore; (IV) making findings; (V) providing a savings clause; and (VI) providing an effective date. (Parcel 48P – Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project) The Public Utilities Board recommends approval (5-0). BACKGROUND Ongoing negotiations with the affected property owner for the subject land rights necessary for the Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade project have reached an impasse. Approval of the subject ordinance authorizes staff to acquire the land rights necessary by way of exercising the City’s eminent domain authority. OPTIONS 1.Recommend approval of the proposed Ordinance. 2.Decline to recommend approval of the proposed Ordinance. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This tract is within the alignment previously recommended by the Public Utility Board and approved by the City Council. August 12, 2013 - The Public Utilities Board recommends approval (5-0). FISCAL INFORMATION The overall 69kV Transmission Line Rebuild project is being funded by issuing General Obligation Bonds which will be paid by Transmission Revenue received from all other electric utilities who are members of the Electric Reliability Council of Texas (ERCOT). BID INFORMATION N/A EXHIBITS 1.Location Map 2.Ordinance 3.PUB Minutes Respectfully submitted, Phillip Williams General Manager Electric Administration Denton Municipal Electric Prepared by, Pamela England Real Estate Specialist EXHIBIT1 Map Subject ParcelsFloodplain - 100yr StreetsAerials 2011 Red: Band_1 Lakes Green: Band_2 Blue: Band_3 Legal Disclaimer This product is for information purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the- ground survey and represents only the relative location of property boundaries. EXHIBIT2 EXHIBIT3 DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3August 12, 2013 4 5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7Monday, August 12, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton 8Service Center, 901A Texas Street, Denton, Texas. 9 10Present:Chairman Dick Smith, Vice Chair Billy Cheek,SecretaryRandy 11Robinson, Leonard Herring, and Barbara Russell 12 13Absent: Phil Gallivan and Lilia Bynum 14 15Ex Officio Members: George Campbell, City Manager and Howard Martin, ACM Utilities 16 OPEN MEETING: 17 18 CONSENT: 19 20 2114)Recommend approval of an Ordinance (I) finding that a public use and necessity exists to 22acquire through the exercise of the right of eminent domain an Electric Utility Easement 23encumbering a 0.0560 acre tract to be used and utilized for and in connection with the 24expansion, construction, maintenance, replacement, augmentation, and improvement of 25electric transmission and distribution lines, facilities, and structures (herein the “DME 26Expansion Project”), the affected lands and interests being generally situated in the M. 27Yoacham Survey, Abstract 1442, City of Denton, Denton County Texas, as more particularly 28described in Exhibit “A” and depicted in Exhibit “B”, attached hereto and made a part hereof 29(said tract of land and all related interests therein to be acquired and damages resulting 30therefrom collectively referred to herein as the “Property Interests”); (II) authorizing the 31filing and prosecution of eminent domain proceedings to acquire the Property Interests; (III) 32authorizing the expenditure of funds therefore; (IV) making findings; (V) providing a savings 33clause; and (VI) providing an effective date. (Parcel 48P – Denton Municipal Electric 69kV 34Spencer to Denton North Interchange Transmission Line Upgrade Project). 35 Agenda item 14 was motioned to approve by Board Member Russell with a second by 36 Board Member Cheek, vote 5-0 approved. 37 38 39Adjournment 12:16 p.m.